S 1180 IS
106th CONGRESS
1st Session
S. 1180
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
May 27, 1999
Mr. KENNEDY (for himself, Mr. DODD, Mr. DASCHLE, Mrs. MURRAY, Mr. SCHUMER,
Mr. LEVIN, and Mr. DORGAN) introduced the following bill; which was read twice
and referred to the Committee on Health, Education, Labor, and Pensions
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,
That this Act may be cited as the `Educational Excellence for All Children
Act of 1999'.
TABLE OF CONTENTS
SEC. 2. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq., hereinafter in this Act referred to as `the ESEA') is amended--
(1) in section 1, by amending the heading thereof to read as follows:
`SHORT TITLE'; and
(2) by inserting immediately after section 1 the following new
section:
`TABLE OF CONTENTS
`SEC. 2. The table of contents is as follows:
`Sec. 2. Table of contents.
`Sec. 3. America's education goals.
`TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
`Sec. 1001. Declaration of policy and statement of purpose.
`Sec. 1002. Authorization of appropriations.
`Sec. 1003. Reservations for accountability and evaluation.
`Part A--Improving Basic Programs Operated by Local Educational
Agencies
`Subpart 1--Basic Program Requirements
`Sec. 1112. Local educational agency plans.
`Sec. 1113. Eligible school attendance areas.
`Sec. 1114. Schoolwide programs.
`Sec. 1115. Targeted assistance schools.
`Sec. 1115A. School choice.
`Sec. 1116. Assessment and local educational agency and school
improvement.
`Sec. 1117. State assistance for school district and school support and
improvement.
`Sec. 1118. Parental involvement.
`Sec. 1119. High-quality instruction.
`Sec. 1120. Participation of children enrolled in private schools.
`Sec. 1120A. Fiscal requirements.
`Sec. 1120B. Preschool services; coordination requirements.
`Subpart 2--Allocations
`Sec. 1121. Grants for the outlying areas and the Secretary of the
Interior.
`Sec. 1122. Allocations to States.
`Sec. 1124. Basic grants to local educational agencies.
`Sec. 1124A. Concentration grants to local educational agencies.
`Sec. 1125. Targeted assistance grants to local educational
agencies.
`Sec. 1125A. Education finance incentive program.
`Sec. 1126. Special allocation procedures.
`Sec. 1127. Carryover and waiver.
`Part B--Even Start Family Literacy Programs
`Sec. 1201. Statement of purpose.
`Sec. 1202. Program authorized.
`Sec. 1203. State programs.
`Sec. 1204. Uses of funds.
`Sec. 1205. Program elements.
`Sec. 1206. Eligible participants.
`Sec. 1207. Applications.
`Sec. 1208. Award of subgrants.
`Sec. 1210. Indicators of program quality.
`Sec. 1211. Construction.
`Part C--Education of Migratory Children
`Sec. 1301. Program purpose.
`Sec. 1302. Program authorized.
`Sec. 1303. State allocations.
`Sec. 1304. State applications; services.
`Sec. 1305. Secretarial approval; peer review.
`Sec. 1306. Authorized activities.
`Sec. 1308. Coordination of migrant education activities.
`Part D--State Agency Programs for Children and Youth Who Are Neglected or
Delinquent
`Sec. 1401. Findings; purpose; program authorized.
`Sec. 1402. Payments for programs under this part.
`Subpart 1--State Agency Programs
`Sec. 1412. Allocations to States.
`Sec. 1413. State reallocation of funds.
`Sec. 1414. State plan and State agency applications.
`Sec. 1415. Use of funds.
`Sec. 1416. Institution-wide projects.
`Sec. 1417. Three-year programs or projects.
`Sec. 1418. Transition services.
`Subpart 2--General Provisions
`Sec. 1431. Program evaluations.
`Part E--Reading and Literacy Grants
`Sec. 1503. Reading and literacy grants to State educational
agencies.
`Sec. 1504. Use of amounts by State educational agencies.
`Sec. 1505. Local reading improvement subgrants.
`Sec. 1506. Tutorial assistance subgrants.
`Sec. 1507. National evaluation.
`Sec. 1508. Information dissemination.
`Sec. 1509. State evaluations; performance reports.
`Part F--Federal Evaluations, Demonstrations, and Transition Projects
`Sec. 1601. Evaluations, management information, and other national
activities.
`Sec. 1602. Demonstrations of innovative practices.
`Part G--General Provisions
`Sec. 1701. State administration.
`Sec. 1702. Construction.
`TITLE II--HIGH STANDARDS IN THE CLASSROOM
`Part A--Teaching to High Standards
`Subpart 1--Findings, Purpose, and Authorization of Appropriations
`Sec. 2113. Authorizations of appropriations.
`Subpart 2--State amd Local Activities
`Sec. 2121. Allocations to States.
`Sec. 2122. Priority for professional development in mathematics and
science.
`Sec. 2123. State application.
`Sec. 2124. Annual State reports.
`Sec. 2125. Within-State allocations.
`Sec. 2126. State-level activities.
`Sec. 2127. Subgrants to partnerships of institutions of higher
education and local educational agencies.
`Sec. 2128. Competitive local awards.
`Sec. 2129. Local applications.
`Sec. 2130. Uses of funds.
`Sec. 2131. Local accountability.
`Sec. 2132. Local cost-sharing requirement.
`Sec. 2133. Maintenance of effort.
`Sec. 2134. Equipment and textbooks.
`Sec. 2135. Supplement, not supplant.
`Sec. 2136. Program performance indicators.
`Subpart 3--National Activities for the Improvement of Teaching and School
Leadership
`Sec. 2141. Program authorized.
`Sec. 2142. Eisenhower National Clearinghouse for Mathematics and
Science Education.
`Part B--Transition to Teaching: Troops to Teachers
`Sec. 2213. Program authorized.
`Sec. 2215. Uses of funds and period of service.
`Sec. 2216. Equitable distribution.
`Part C--Early Childhood Educator Professional Development
`Sec. 2302. Program authorized.
`Sec. 2303. Applications.
`Sec. 2304. Selection of grantees.
`Sec. 2305. Uses of funds.
`Sec. 2306. Accountability.
`Sec. 2307. Cost-sharing.
`Sec. 2309. Federal coordination.
`Sec. 2310. Authorization of appropriations.
`Part D--Technical Assistance Programs
`Subpart 1--Strengthening the Capacity of State and Local Educational
Agencies To Become Effective, Informed Consumers of Technical Assistance
`Sec. 2412. Allocation of funds.
`Sec. 2413. Formula grants to State educational agencies.
`Sec. 2414. State application.
`Sec. 2415. State uses of funds.
`Sec. 2416. Grants to large local educational agencies.
`Sec. 2417. Local application.
`Sec. 2418. Local uses of funds.
`Sec. 2419. Equitable services for private schools.
`Sec. 2419A. Consumer information.
`Sec. 2419B. Authorization of appropriations.
`Subpart 2--Technical Assistance Centers Serving Special Needs
`Sec. 2421. General provisions.
`Sec. 2422. Centers for technical assistance on the needs of special
populations.
`Sec. 2423. Parental information and resource centers.
`Sec. 2424. Eisenhower regional mathematics and science education
consortia.
`Subpart 3--Technology-Based Technical Assistance Information
Dissemination
`Sec. 2431. Web-based and other information dissemination.
`Sec. 2432. Authorization of appropriations.
`Subpart 4--National Evaluation Activities
`Sec. 2441. National evaluation activities.
`TITLE III--TECHNOLOGY FOR EDUCATION
`Sec. 3003. Statement of purpose.
`Sec. 3004. Supplement, not supplant.
`Part A--Federal Leadership and National Activities
`Sec. 3101. National evaluation of education technology.
`Sec. 3102. National long-range technology plan.
`Sec. 3103. Federal leadership.
`Sec. 3104. Authorization of appropriations.
`Part B--Special Projects
`Subpart 1--Next-Generation Technology Innovation Awards
`Sec. 3211. Purpose; program authority.
`Sec. 3213. Uses of funds.
`Sec. 3215. Authorization of appropriations.
`Subpart 2--Ready-to-Learn Digital Television
`Sec. 3221. Ready-to-learn.
`Sec. 3222. Educational programming.
`Sec. 3223. Duties of Secretary.
`Sec. 3224. Applications.
`Sec. 3225. Reports and evaluation.
`Sec. 3226. Administrative costs.
`Sec. 3228. Authorization of appropriations.
`Subpart 3--Telecommunications Program for Professional Development in the
Core Content Areas
`Sec. 3231. Purpose; program authority.
`Sec. 3232. Application required.
`Sec. 3233. Authorization of appropriations.
`Subpart 4--Community Technology Centers
`Sec. 3241. Purpose; program authority.
`Sec. 3242. Eligibility and application requirements.
`Sec. 3243. Uses of funds.
`Sec. 3244. Authorization of appropriations.
`Part C--Preparing Tomorrow's Teachers To Use Technology
`Sec. 3301. Purpose; program authority.
`Sec. 3303. Uses of funds.
`Sec. 3304. Authorization of appropriations.
`Part D--Regional, State, and Local Educational Technology Resources
`Subpart 1--Technology Literacy Challenge Fund
`Sec. 3412. Allotment and reallotment.
`Sec. 3413. Technology literacy challenge fund.
`Sec. 3414. State application.
`Sec. 3415. Local uses of funds.
`Sec. 3416. Local applications.
`Sec. 3418. Authorization of appropriations.
`Subpart 2--Regional Technology in Education Consortia
`Sec. 3411. Regional technical support and professional
development.
`Sec. 3412. Authorization of appropriations.
`TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
`Sec. 4004. Authorization of appropriations.
`Part A--State Grants for Drug and Violence Prevention Programs
`Sec. 4111. Reservations and allotments.
`Sec. 4112. State applications.
`Sec. 4113. State and local educational agency programs.
`Sec. 4114. Local drug and violence prevention programs.
`Sec. 4115. Governor's programs.
`Sec. 4116. Local applications.
`Sec. 4117. National evaluations and data collection.
`Part B--National Programs
`Sec. 4211. National activities.
`Part C--School Emergency Response to Violence
`Sec. 4311. Project SERV.
`Part D--Related Provisions
`Sec. 4411. Gun-Free Schools Act.
`Sec. 4412. Local policies.
`Sec. 4414. Prohibited use of funds.
`Sec. 4415. Drug-, alcohol-, and tobacco-free schools.
`Sec. 4416. Prohibition of supplanting.
`TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE
`Part A--Magnet Schools Assistance
`Sec. 5102. Statement of purpose.
`Sec. 5103. Program authorized.
`Sec. 5106. Applications and requirements.
`Sec. 5108. Use of funds.
`Sec. 5109. Prohibitions.
`Sec. 5112. Authorization of appropriations; reservation.
`Part B--Public Charter Schools
`Sec. 5201. Findings and purpose.
`Sec. 5202. Program authorized.
`Sec. 5203. Applications.
`Sec. 5204. Administration.
`Sec. 5205. National activities.
`Sec. 5206. Federal formula allocation during the first year and for
successive enrollment expansions.
`Sec. 5207. Solicitation of input from charter school operators.
`Sec. 5208. Records transfers.
`Sec. 5209. Paperwork reduction.
`Sec. 5211. Authorization of appropriations.
`Part C--Options: Opportunities To Improve Our Nation's Schools
`Sec. 5301. Findings; purpose.
`Sec. 5303. Uses of funds.
`Sec. 5304. Grant application; priorities.
`Sec. 5305. Authorization of appropriations.
`Part D--Women's Educational Equity
`Sec. 5401. Short title; findings.
`Sec. 5402. Statement of purposes.
`Sec. 5403. Programs authorized.
`Sec. 5404. Applications.
`Sec. 5405. Criteria and priorities.
`Sec. 5406. Administration.
`Sec. 5407. Authorization of appropriations.
`TITLE VI--CLASS-SIZE REDUCTION
`Sec. 6003. Authorization of appropriations.
`Sec. 6004. Allocations to States.
`Sec. 6005. Applications.
`Sec. 6006. Within-State allocations.
`Sec. 6007. Local applications.
`Sec. 6008. Uses of funds.
`Sec. 6009. Cost-sharing requirement.
`Sec. 6010. Nonsupplanting.
`Sec. 6011. Annual State reports.
`Sec. 6012. Participation of private school teachers.
`TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
`Part A--Bilingual Education
`Sec. 7102. Findings, policy, and purpose.
`Sec. 7103. Authorization of appropriations.
`Sec. 7104. Native American and Alaska Native children in School.
`Subpart 1--Bilingual Education Capacity and Demonstration Grants
`Sec. 7111. Financial assistance for bilingual education.
`Sec. 7112. Program development and enhancement grants.
`Sec. 7113. Comprehensive school grants.
`Sec. 7114. Systemwide improvement grants.
`Sec. 7115. Applications.
`Sec. 7116. Capacity building.
`Sec. 7117. Programs for Native Americans and Puerto Rico.
`Sec. 7119. Construction.
`Subpart 2--Research, Evaluation, and Dissemination
`Sec. 7123. Academic excellence awards.
`Sec. 7124. State grant program.
`Sec. 7125. National Clearinghouse on the Education of Children and
Youth with Limited English Proficiency.
`Sec. 7126. Instructional materials development.
`Subpart 3--Professional Development
`Sec. 7132. Training for all teachers program.
`Sec. 7133. Bilingual education teachers and personnel grants.
`Sec. 7134. Bilingual education career ladder program.
`Sec. 7135. Graduate fellowships in bilingual education program.
`Sec. 7138. Program evaluations.
`Sec. 7139. Use of funds for second language competence.
`Subpart 4--Transition
`Part B--Emergency Immigrant Education Program
`Sec. 7201. Findings and purpose.
`Sec. 7202. State administrative costs.
`Sec. 7204. State allocations.
`Sec. 7205. State applications.
`Sec. 7206. Administrative provisions.
`Sec. 7207. Uses of funds.
`Sec. 7209. Authorization of appropriations.
`Part C--Administration
`Sec. 7301. Release time.
`Sec. 7302. Education technology.
`Sec. 7303. Notification.
`Sec. 7304. Continued eligibility.
`Sec. 7305. Coordination and reporting requirements.
`Sec. 7306. Administrative provisions.
`Part D--General Provisions
`Sec. 7401. Definitions; regulations.
`Sec. 7402. Regulations, parental notification, and use of
paraprofessionals.
`TITLE VIII--IMPACT AID
`Sec. 8002. Payments relating to Federal acquisition of real
property.
`Sec. 8003. Payments for eligible federally connected children.
`Sec. 8004. Indian community participation.
`Sec. 8005. Application for payments under sections 8002 and 8003.
`Sec. 8007. Construction.
`Sec. 8009. State consideration of payments in providing State
aid.
`Sec. 8010. Federal administration.
`Sec. 8011. Administrative hearings and judicial review.
`Sec. 8012. Forgiveness of overpayments.
`Sec. 8014. Authorization of appropriations.
`TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
`Part A--Indian Education
`Subpart 1--Formula Grants to Local Educational Agencies
`Sec. 9112. Grants to local educational agencies.
`Sec. 9113. Amount of grants.
`Sec. 9114. Applications.
`Sec. 9115. Authorized services and activities.
`Sec. 9116. Student eligibility forms.
`Sec. 9118. State educational agency review.
`Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
`Sec. 9121. Improvement of educational opportunities for Indian
children.
`Sec. 9122. Professional development.
`Subpart 3--National Research Activities
`Sec. 9141. National activities.
`Subpart 4--Federal Administration
`Sec. 9151. National Advisory Council on Indian Education.
`Sec. 9153. Preference for Indian applicants.
`Sec. 9154. Minimum grant criteria.
`Subpart 5--Definitions; Authorizations of Appropriations
`Sec. 9162. Authorization of appropriations.
`Part B--Native Hawaiian Education
`Sec. 9204. Program authorized.
`Sec. 9205. Administrative provisions.
`Part C--Alaska Native Education
`Sec. 9304. Program authorized.
`Sec. 9305. Administrative provisions.
`TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE
`Part A--Fund for the Improvement of Education
`Sec. 10101. Fund for the improvement of education.
`Sec. 10102. State and local character education program.
`Sec. 10103. Character education research, dissemination, and
evaluation.
`Part B--Gifted and Talented Children
`Sec. 10201. Short title.
`Sec. 10202. Findings and purpose.
`Sec. 10203. Construction.
`Sec. 10204. Authorized programs.
`Sec. 10205. Program priorities.
`Sec. 10206. General provisions.
`Sec. 10207. Authorization of appropriations.
`Part C--International Education Program
`Sec. 10301. International education program.
`Part D--Arts in Education
`Sec. 10401. Support for arts education.
`Part E--Inexpensive Book Distribution Program
`Sec. 10501. Inexpensive book distribution program for reading
motivation.
`Part F--Civic Education
`Sec. 10601. Instruction on the history and principles of democracy in
the United States.
`Sec. 10602. Authorization of appropriations.
`Part G--21st Century Community Learning Centers
`Sec. 10701. Short title.
`Sec. 10703. Program authorization.
`Sec. 10704. Application required.
`Sec. 10705. Uses of funds.
`Sec. 10706. Definitions.
`Sec. 10707. Authorization of appropriations.
`Sec. 10708. Continuation awards.
`Part H--High School Reform
`Sec. 10802. Grants to local educational agencies.
`Sec. 10803. Applications.
`Sec. 10804. Selection of grantees.
`Sec. 10805. Outcomes and components of education reforms.
`Sec. 10806. Private schools.
`Sec. 10807. Additional activities.
`Sec. 10809. Authorization of appropriations.
`PART I--Elementary School Foreign Language Assistance Program
`Sec. 10901. Findings; purposes.
`Sec. 10902. Elementary school foreign language assistance
program.
`Part J--National Writing Project
`Sec. 10952. National writing project.
`TITLE XI--GENERAL PROVISIONS
`Part A--Definitions
`Sec. 11101. Definitions.
`Sec. 11102. Applicability of this title.
`Sec. 11103. Applicability to Bureau of Indian Affairs Operated
Schools.
`Part B--Improving Education Through Accountability
`Sec. 11201. Short title.
`Sec. 11203. Turning around failing schools.
`Sec. 11204. Student progress and promotion policy.
`Sec. 11205. Ensuring teacher quality.
`Sec. 11206. Sound discipline policy.
`Sec. 11207. Education report cards.
`Sec. 11208. Education accountability plans.
`Sec. 11209. Authority of Secretary to ensure accountability.
`Sec. 11210. Recognition and rewards.
`Sec. 11211. Best practices and models.
`Sec. 11212. Construction.
`Part C--America's Education Goals Panel
`Sec. 11302. America's Education Goals Panel.
`Sec. 11304. Powers of the Goals Panel.
`Sec. 11305. Administrative provisions.
`Sec. 11306. Director and staff; experts and consultants.
`Sec. 11307. Authorization of appropriations.
`Part D--Flexibility in the Use of Administrative and Other Funds
`Sec. 11401. Consolidation of State administrative funds for elementary
and secondary education programs.
`Sec. 11402. Single local educational agency States.
`Sec. 11403. Consolidation of funds for local administration.
`Sec. 11404. Consolidated set-aside for Department of the Interior
funds.
`Sec. 11405. Most effective use of program funds.
`Part E--Coordination of Programs; Consolidated State and Local Plans
`Sec. 11502. Optional consolidated State plans.
`Sec. 11503. General applicability of State educational agency
assurances.
`Sec. 11504. Consolidated local plans.
`Sec. 11505. Other general assurances.
`Sec. 11506. Consolidated reporting.
`Part F--Waivers
`Sec. 11601. Waivers of statutory and regulatory requirements.
`Part G--Education Flexibility Partnerships
`Sec. 11701. Short title.
`Sec. 11703. Definitions.
`Sec. 11704. Education flexibility partnerships.
`Part H--Uniform Provisions
`Sec. 11801. Maintenance of effort.
`Sec. 11802. Prohibition regarding State aid.
`Sec. 11803. Participation by private school children and
teachers.
`Sec. 11804. Standards for by-pass.
`Sec. 11805. Complaint process for participation of private school
children.
`Sec. 11806. By-pass determination process.
`Sec. 11807. Prohibition against funds for religious worship or
instruction.
`Sec. 11808. Applicability to home schools.
`Sec. 11809. General provisions regarding nonrecipient nonpublic
schools.
`Sec. 11810. School prayer.
`Sec. 11811. General prohibitions.
`Sec. 11812. Prohibition on Federal mandates, direction, and
control.
`Part I--Coordinated Services
`Sec. 11901. Findings and purpose.
`Sec. 11902. Definitions.
`Sec. 11903. Project development and implementation.
`Sec. 11904. Uses of funds.
`Sec. 11905. Continuing authority.
`Part J--Evaluation and Indicators
`Sec. 11911. Evaluations.
`Sec. 11912. Performance measures.
`Part K--Sense of the Congress
`Sec. 11921. Sense of Congress to increase the total share of federal
spending on education.
`Sec. 11922. Sense of Congress; requirement regarding notice.'.
AMERICA'S EDUCATION GOALS
SEC. 3. (a) FINDINGS- The Congress finds that:
(1) America's Education Goals (formerly the National Education Goals)
are very ambitious, and purposely designed to set high expectations for
educational performance at every stage of an individual's life, from the
preschool years through adulthood.
(2) With a focus by policymakers, educators, and the public on the
Goals, the Nation will be able to raise its overall level of educational
achievement.
(3) Since the 1990 adoption of the National Education Goals, some
progress has been made toward achieving those Goals. Areas in which the
Nation has made progress toward these Goals during the last decade
include:
(A) On Goal #1, that all children will start school ready to learn,
there has been an increase in the percentages of--
(i) preschool children whose parents read to them or tell them
stories; and
(ii) 2-year-old children who have been fully immunized against
preventable childhood diseases.
(B) On Goal #3, that all students demonstrate competency over
challenging subject matter, the percentage of fourth, eighth, and twelfth
grade students who meet the Goals Panel's performance standard in
mathematics has increased.
(C) On Goal #5, that United States students become first in the world
in mathematics and science achievement, the percentage of all college
degrees awarded that are in mathematics and science has increased for all
students.
(D) On Goal #7, that every school in the United States will be free of
drugs, violence, and the unauthorized presence of firearms and alcohol,
the percentage of students who report that they have been threatened or
injured at school has decreased.
(4) Areas in which the Nation has been unsuccessful in making progress
toward these Goals during the last decade include:
(A) On Goal #4, that all teachers have access to programs for the
continued improvement of their professional skills, the percentage of
secondary school teachers who hold a degree in the subject that is their
main teaching assignment has decreased.
(B) On Goal #6, that every adult will be literate and prepared to
compete in the global economy and exercise the rights of
citizenship--
(i) fewer adults with a high school diploma or less, and who need
additional training, are participating in adult education than
individuals who have a postsecondary education; and
(ii) the difference between the percentage of Black high school
graduates who complete a college degree and the percentage of white high
school graduates who complete a college degree has
increased.
(C) On Goal #7, that every school in the United States will be free of
drugs, violence, and the unauthorized presence of firearms and
alcohol--
(i) the percentage of students reporting that they have used an
illicit drug, or that someone offered to sell or give them drugs, has
increased;
(ii) the percentage of public school teachers who report that they
were threatened or injured at school has increased; and
(iii) a higher percentage of secondary school teachers report that
student disruptions in their classrooms interfere with their
teaching.
(5) Because States began the 1990s at various levels of achievement with
respect to each of the Goals, the time and effort needed to reach the Goals
will vary from State to State and from Goal to Goal.
(6) Individual States have made significant progress toward the Goals,
and some States have made progress in multiple areas. Areas in which States
have made progress toward the Goals during the last decade include:
(A) With respect to Goal #1, that all children will start school ready
to learn--
(i) 35 States have reduced the percentage of infants born with one
or more of four health risks;
(ii) 50 States have increased the percentage of mothers receiving
early prenatal care; and
(iii) 47 States have increased the percentage of children with
disabilities participating in preschool.
(B) With respect to Goal #2, that at least 90 percent of all students
graduate from high school--
(i) 10 States have increased the percentage of young adults who have
a high school diploma; and
(ii) 3 States have reduced the percentage of students in grades 9
through 12 who leave school without completing a recognized program of
secondary education.
(C) With respect to Goal #3, that all students demonstrate competency
over subject matter--
(i) 27 States have increased the percentage of 8th-grade students
who achieved to at least the `proficient' standard on the 1996 National
Assessment of Educational Progress (NAEP) in mathematics;
and
(ii) 50 States have increased the percentage of students that
received a score on an Advanced Placement examination that permitted the
students to earn college credits in the subject area tested.
(D) With respect to Goal #4, that all teachers have access to programs
for the continued improvement of their professional skills, 17 States have
increased the percentage of public school teachers who received support
from a master or mentor teacher during their first year of
teaching.
(E) With respect to Goal #5, that United States students become first
in the world in mathematics and science achievement--
(i) 47 States have increased the percentage of all degrees that were
awarded in mathematics and science;
(ii) 33 States have increased the percentage of all degrees in
mathematics and science that were awarded to minority students;
and
(iii) 42 States have increased the percentage of all degrees in
mathematics and science that were awarded to female
students.
(F) With respect to Goal #6, that every adult will be literate and
prepared to compete in the global economy and exercise the rights of
citizenship--
(i) 39 States have increased the percentage of high school graduates
who immediately enroll in an institution of higher education;
and
(ii) 10 States have increased the percentage of their citizens who
registered to vote.
(G) With respect to Goal #8, that every school will promote
partnerships that increase parental involvement, 17 States have increased
the influence of parent associations in setting public school
policies.
(7) Areas in which States have been unsuccessful in making progress
toward these Goals during the 1990s include:
(A) On Goal #1, that all children will start school ready to learn,
the percentage of infants born at low birthweight has increased in 32
States.
(B) On Goal #2, that at least 90 percent of all students graduate from
high school, the high school dropout rate has increased in 10
States.
(C) On Goal #6, that every adult will be literate and prepared to
compete in the global economy and exercise the rights of citizenship,
lower percentages of students are enrolling in college immediately after
high school in 11 States.
(D) On Goal #7, that every school in the United States will be free of
drugs, violence, and the unauthorized presence of firearms and
alcohol--
(i) student use of marijuana has increased in 16 States;
(ii) the percentage of students who report that drugs are available
on school property has increased in 15 States; and
(iii) the percentage of public school teachers reporting that
student disruptions in class interfere with their teaching has increased
in 37 States.
(8) The continued pursuit of these Goals is necessary to ensure
continued, and more evenly distributed, progress across our Nation.
(9) Federal programs and policies have contributed to States' ability to
offer high-quality education to all students and have helped States to
implement reforms intended to raise the achievement level of every
child.
(10) Even though all the Goals have not been reached, nor accomplished
to equal degrees, there is a continued need to reaffirm these Goals as a
benchmark to which all students can strive and attain.
(b) AMERICA'S EDUCATION GOALS- The ESEA is further amended by inserting
immediately after section 2 (as added by section 2 of the bill) the following
new section:
`AMERICA'S EDUCATION GOALS
`SEC. 3. (a) PURPOSE- It is the purpose of this section to--
`(1) set forth a common set of national goals for the education of our
Nation's students that the Federal Government and all States and local
communities will work to achieve;
`(2) identify the Nation's highest education priorities related to
preparing students for responsible citizenship, further learning, and the
technological, scientific, and economic challenges of the 21st century;
and
`(3) establish a framework for educational excellence at the national,
State, and local levels.
`(b) AMERICA'S EDUCATION GOALS- The Congress declares that America's
Education Goals are the following:
`(1) SCHOOL READINESS- (A) All children in America will start school
ready to learn.
`(B) The objectives for this goal are that--
`(i) all children will have access to high-quality, and
developmentally appropriate, preschool programs that help prepare children
for school;
`(ii) every parent in the United States will be a child's first
teacher, and devote time each day to helping his or her preschool child
learn, and parents will have access to the training and support they need;
and
`(iii) children will receive the nutrition, physical activity, and
health care needed to arrive at school with healthy minds and bodies, and
to maintain the mental alertness necessary to be prepared to learn, and
the number of low-birthweight babies will be significantly reduced through
enhanced prenatal health systems.
`(2) SCHOOL COMPLETION- (A) The high school graduation rate will
increase to at least 90 percent.
`(B) The objectives for this goal are that--
`(i) the Nation will dramatically reduce its school dropout rate, and
75 percent of the students who do drop out will successfully complete a
high school degree or its equivalent; and
`(ii) the gap in high school graduation rates between American
students from minority backgrounds and their non-minority counterparts
will be eliminated.
`(3) STUDENT ACHIEVEMENT AND CITIZENSHIP- (A) All students will leave
grades 4, 8, and 12 having demonstrated competency over challenging subject
matter including English, mathematics, science, foreign languages, civics
and government, economics, arts, history, and geography, and every school in
America will ensure that all students learn to use their minds well, so they
may be prepared for responsible citizenship, further learning, and
productive employment in our Nation's modern economy.
`(B) The objectives for this goal are that--
`(i) the academic performance of all students at the elementary and
secondary level will increase significantly in every quartile, and the
distribution of minority students in each quartile will more closely
reflect the student population as a whole;
`(ii) the percentage of all students who demonstrate the ability to
reason, solve problems, apply knowledge, and write and communicate
effectively will increase substantially;
`(iii) all students will be involved in activities that promote and
demonstrate good citizenship, good health, community service, and personal
responsibility;
`(iv) all students will have access to physical education and health
education to ensure they are healthy and fit;
`(v) the percentage of all students who are competent in more than one
language will substantially increase; and
`(vi) all students will be knowledgeable about the diverse cultural
heritage of this Nation and about the world community.
`(4) TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT- (A) The Nation's
teaching force will have access to programs for the continued improvement of
its professional skills and the opportunity to acquire the knowledge and
skills needed to instruct and prepare all American students for the next
century.
`(B) The objectives for this goal are that--
`(i) all teachers will have access to preservice teacher education and
continuing professional development activities that will provide such
teachers with the knowledge and skills needed to teach to an increasingly
diverse student population with a variety of educational, social, and
health needs;
`(ii) all teachers will have continuing opportunities to acquire
additional knowledge and skills needed to teach challenging subject matter
and to use emerging new methods, forms of assessment, and
technologies;
`(iii) States and school districts will create integrated strategies
to attract, recruit, prepare, retrain, and support the continued
professional development of teachers, administrators, and other educators,
so that there is a highly talented work force of professional educators to
teach challenging subject matter; and
`(iv) partnerships will be established, whenever possible, among local
educational agencies, institutions of higher education, parents, and local
labor, business, and professional associations to provide and support
programs for the professional development of educators.
`(5) MATHEMATICS AND SCIENCE- (A) United States students will be first
in the world in mathematics and science achievement.
`(B) The objectives for this goal are that--
`(i) mathematics and science education, including the metric system of
measurement, will be strengthened throughout the education system,
especially in the early grades;
`(ii) the number of teachers with a substantive background in
mathematics and science, including the metric system of measurement, will
increase; and
`(iii) the number of United States undergraduate and graduate
students, especially women and minorities, who complete degrees in
mathematics, science, and engineering will increase
significantly.
`(6) ADULT LITERACY AND LIFELONG LEARNING- (A) Every adult American will
be literate and will possess the knowledge and skills necessary to compete
in a global economy and exercise the rights and responsibilities of
citizenship.
`(B) The objectives for this goal are that--
`(i) every major American business will be involved in strengthening
the connection between education and work;
`(ii) all workers will have the opportunity to acquire the knowledge
and skills, from basic to highly technical, needed to adapt to emerging
new technologies, work methods, and markets through public and private
educational, vocational, technical, workplace, or other programs;
`(iii) the number of high-quality programs, including those at
libraries, that are designed to serve more effectively the needs of the
growing number of part-time and midcareer students will increase
substantially;
`(iv) the proportion of qualified students, especially minorities, who
enter college, who complete at least two years, and who complete their
degree programs will increase substantially;
`(v) the proportion of college graduates who demonstrate an advanced
ability to think critically, communicate effectively, and solve problems
will increase substantially; and
`(vi) schools, in implementing comprehensive parent involvement
programs, will offer more adult literacy, parent training and life-long
learning opportunities to improve the ties between home and school, and
enhance parents' work and home lives.
`(7) SAFE, DISCIPLINED, AND ALCOHOL- AND DRUG-FREE SCHOOLS- (A) Every
school in the United States will be free of drugs, violence, and the
unauthorized presence of firearms and alcohol, and will offer a disciplined
environment conducive to learning.
`(B) The objectives for this goal are that--
`(i) every school will implement a firm and fair policy on use,
possession, and distribution of drugs and alcohol;
`(ii) parents, businesses, and governmental and community
organizations will work together to ensure the rights of students to study
in a safe and secure environment that is free of drugs and crime, and that
schools provide a healthy environment and a safe haven for all
children;
`(iii) every local educational agency will develop and implement a
policy to ensure that all schools are free of violence and the
unauthorized presence of weapons;
`(iv) every local educational agency will develop a sequential,
comprehensive kindergarten through twelfth grade drug and alcohol
prevention education program;
`(v) drug and alcohol curriculum will be taught as an integral part of
sequential, comprehensive health education;
`(vi) community-based teams will be organized to provide students and
teachers with needed support; and
`(vii) every school will work to eliminate sexual harassment.
`(8) PARENTAL PARTICIPATION- (A) Every school will promote partnerships
that will increase parental involvement and participation in promoting the
social, emotional, and academic growth of children.
`(B) The objectives for this Goal are that--
`(i) every State will develop policies to assist local schools and
local educational agencies to establish programs for increasing
partnerships that respond to the varying needs of parents and the home,
including parents of children who are disadvantaged, limited English
proficient, or have disabilities;
`(ii) every school will actively engage parents and families in a
partnership that supports the academic work of children at home and shared
educational decisionmaking at school; and
`(iii) parents and families will help to ensure that schools are
adequately supported and will hold schools and teachers to high standards
of accountability.'.
TRANSITION
SEC. 4. (a) ACTIONS OF THE SECRETARY- The Secretary shall take such steps
as the Secretary determines to be appropriate to provide for the orderly
transition of programs and activities under the ESEA, as amended by the
Educational Excellence for All Children Act of 1999, from
programs and activities under the ESEA, as it was in effect the date before
the date of enactment of this Act.
(b) ACTIONS OF FUNDING RECIPIENTS- A recipient of funds under the ESEA, as
it was in effect the date before the date of enactment of this Act, may use
such funds to carry out necessary and reasonable planning and transition
activities in order to ensure a smooth implementation of programs and
activities under the ESEA, as amended by this Act.
EFFECTIVE DATES
SEC. 5. The provisions of this Act shall take effect on July 1, 2000,
except that--
(1) those amendments that pertain to programs under the ESEA that are
conducted by the Secretary on a competitive basis, and the amendments made
by title VIII of this Act, shall take effect with respect to appropriations
for use under those programs for fiscal year 2001 and subsequent fiscal
years; and
(2) section 4 of this Act shall take effect upon enactment.
TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
DECLARATION OF POLICY AND STATEMENT OF PURPOSE
SEC. 101. (a) STATEMENT OF POLICY- Section 1001(a) of the ESEA is
amended--
(1) by striking out `(a) STATEMENT OF POLICY- (1) IN GENERAL.' and
inserting in lieu thereof `(a) STATEMENT OF POLICY.'; and
(2) by striking out paragraph (2).
(b) RECOGNITION OF NEED- Section 1001(b) of the ESEA is amended--
(1) in paragraph (4), by striking out `and' at the end thereof;
(A) by striking out `National Education Goal described in section
102(3) of the Goals 2000: Educate America Act' and inserting in lieu
thereof `of America's Education Goals set out in section 3 of this Act';
and
(B) by striking out the period at the end thereof and inserting in
lieu thereof a semicolon and `and'; and
(3) by adding at the end thereof a new paragraph (6) to read as
follows:
`(6) holding local educational agencies and schools accountable for
results, including processes for identifying and turning around
low-performing schools, provides a focus for educators and promotes better
outcomes for students.'.
(c) WHAT HAS BEEN LEARNED- Section 1001(c) of the ESEA is amended--
(1) in the subsection heading, by striking out `SINCE 1988' and
inserting in lieu thereof `IN RECENT YEARS';
(2) in the matter before paragraph (1), by striking out `learned';
(3) in paragraph (7), by adding the following sentence at the end
thereof: `Family literacy programs can help parents make this
contribution.';
(A) in the first sentence, by striking out `Decentralized' and
inserting in lieu thereof `Data-driven'; and
(B) in the second sentence, by inserting `information,' before
`resources';
(5) by striking out paragraphs (2), (3), (6), and (10);
(6) by redesignating paragraphs (4), (5), (7), (8), (9), (11), and (12)
as paragraphs (8) through (14), respectively; and
(7) by inserting new paragraphs (2) through (7) to read as
follows:
`(2) Schools that enroll high concentrations of children living in
poverty face the greatest challenges, but recent research demonstrates that,
by implementing effective, research-based educational strategies, they can
succeed in educating children to high standards.
`(3) New survey data demonstrate that the development and implementation
of standards and assessments under this title are driving educational reform
in high-poverty schools and local educational agencies, and in elementary
and secondary education generally.
`(4) Standards-based reform, as encouraged, accelerated, and supported
by both the Improving America's Schools Act of 1994 and the Goals 2000:
Educate America Act, has resulted in overall improved student achievement
and indications are that it is helping to close the achievement gap between
minority and non-minority students. A recent study of North Carolina and
Texas, the States that registered the largest achievement gains on the
National Assessment of Educational Progress, found that the most plausible
cause for those gains was an aligned system of standards, curriculum, and
assessments tied to accountability for improvement by all students.
`(5) Other recent research also confirms the validity of amendments to
this title made by the Improving America's Schools Act of 1994. For example,
the National Research Council (NRC) report, Preventing Reading Difficulties
in Young Children, stresses the importance of language development and
literacy in the preschool years, upgrading the curriculum and instruction
provided to all children in a school, intensive professional development to
prepare teachers and other instructional staff to teach to high standards,
and providing extended learning opportunities outside the regular school
day.
`(6) The NRC report also recommended the early identification of reading
difficulties in children in the first grade, to ensure that interventions
can be offered early to those who need them most, through the use of
multiple approaches, including developmentally appropriate assessments, the
careful observation of children's reading by skilled observers, and the
targeting of interventions to groups in schools with large numbers of
at-risk children.
`(7) The educational progress of children participating in programs
under this title depends on their being taught by credentialed and highly
qualified staff, particularly in schools with the highest concentrations of
poverty, where paraprofessionals, uncertified teachers, and teachers
teaching out of field frequently provide instructional services.'.
(d) STATEMENT OF PURPOSE- Section 1001(d) of the ESEA is amended--
(1) in paragraph (3), by striking out `promoting schoolwide reform
and';
(2) in paragraph (6), by inserting a comma and `such as family literacy
programs,' after `opportunities';
(3) in paragraph (9), by striking out `schools and' and inserting in
lieu thereof `local educational agencies, schools, and';
(4) by redesignating paragraphs (2) through (9) as paragraphs (3)
through (10), respectively; and
(5) by inserting after paragraph (1) a new paragraph (2) to read as
follows:
`(2) promoting comprehensive schoolwide reforms that are based on
reliable research and effective practices;'.
AUTHORIZATION OF APPROPRIATIONS
SEC. 102. Section 1002 of the ESEA is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 1002. (a) LOCAL EDUCATIONAL AGENCY GRANTS- For the purpose of
carrying out part A, there are authorized to be appropriated such sums as may
be necessary for fiscal year 2001 and each of the four 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 four 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 four succeeding fiscal years.
`(d) STATE AGENCY PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED OR
DELINQUENT- 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 four succeeding fiscal years.
`(e) READING EXCELLENCE- For the purpose of carrying out part E, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years, of which the Secretary
shall reserve $5 million for each fiscal year to carry out section 1508.
`(f) FEDERAL ACTIVITIES- For the purpose of carrying out section 1602,
there are authorized to be appropriated such sums as may be necessary for
fiscal year 2001 and each of the four succeeding fiscal years.'.
RESERVATIONS FOR ACCOUNTABILITY AND EVALUATION
SEC. 103. Section 1003 of the ESEA is amended to read as follows:
`RESERVATIONS FOR ACCOUNTABILITY AND EVALUATION
`SEC. 1003. (a) STATE RESERVATIONS- (1) Each State educational agency
shall reserve 2.5 percent of the amount it receives under part A of this title
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 its
responsibilities under sections 1116 and 1117, including its statewide system
of technical assistance and support for local educational agencies.
`(2) Of the amount reserved under paragraph (1) for any fiscal year, the
State educational agency shall either--
`(A) allocate at least 70 percent directly to local educational
agencies, by--
`(i) giving first priority to those agencies with schools identified
for corrective action under section 1116(c)(5), which those agencies shall
use effectively to carry out corrective action, as described in that
section, in those schools; and
`(ii) giving second priority to those agencies with other schools
identified for school improvement under section 1116(c)(1), which those
agencies shall use to bring about substantial improvement in the
performance of those schools; or
`(B) use at least 70 percent to carry out an alternative system of
intervention and corrective action approved by the Secretary under section
1111(b)(3)(B)(ii).
`(b) NATIONAL ACTIVITIES- From the total amount appropriated for any
fiscal year to carry out this title, the Secretary may reserve not more than
0.30 percent to conduct evaluations and studies, collect data, and carry out
other activities under section 1601.'.
Part A--Basic Grants
STATE PLANS
SEC. 111. Section 1111 of the ESEA is amended--
(i) by inserting a comma and `in order to help all children achieve
to high State standards and to improve teaching and learning in the
State,' after `shall'; and
(ii) by striking out `the Goals 2000' and all that follows through
`section 14306' and inserting in lieu thereof `the Individuals with
Disabilities Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, and other Acts, as appropriate'; and
(B) by amending paragraph (2) to read as follows:
`(2) CONSOLIDATED PLAN- A State may submit its plan under paragraph (1)
as part of a consolidated plan under section 11502.';
(A) by amending the subsection heading to read as follows: `STANDARDS,
ASSESSMENTS, AND ACCOUNTABILITY.';
(i) by amending subparagraph (B) to read as follows:
`(B) The standards required by subparagraph (A) shall be the same
standards that the State applies to all schools and children in the
State.'; and
(ii) by amending subparagraph (C) to read as follows:
`(C) If a State has not adopted State content and student performance
standards for all students, the State shall have such standards for
elementary and secondary school children served under this part in
subjects determined by the State, but including at least mathematics and
reading or language arts, which shall include the same knowledge, skills,
and levels of performance expected of all children.';
(C) by striking out paragraph (2) and redesignating paragraph (3) as
paragraph (2);
(D) in paragraph (2), as so redesignated--
(i) by inserting a comma and `starting no later than the 2000-2001
school year,' after `that will be used';
(ii) in subparagraph (F)--
(I) in clause (ii), by striking out `and' at the end
thereof;
(II) in clause (iii), by striking out `can do' and all that
follows through the end thereof and inserting in lieu thereof `can do
in content areas;'; and
(III) by adding at the end thereof new clauses (iv) and (v) to
read as follows:
`(iv) the assessment (using tests written in Spanish) of
Spanish-speaking students with limited English proficiency, if
Spanish-language assessments are more likely than English-language tests
to yield accurate and reliable information on what those students know
and can do in content areas other than English; and
`(v) notwithstanding clauses (iii) and (iv), the assessment (using
tests written in English) of reading or language arts of any student who
has attended school in the United States (not including Puerto Rico) for
three or more consecutive years;' and
(iii) in subparagraph (G)--
(I) by striking out `have attended schools in a local educational
agency for a full academic year but'; and
(II) by striking out `year, however the' and inserting in lieu
thereof `year; however, the';
(E) by inserting after paragraph (2) a new paragraph (3) to read as
follows:
`(3) ACCOUNTABILITY- (A) Each State receiving assistance under this part
shall develop and implement (and describe in its State plan) a statewide
system for holding local educational agencies and schools accountable for
student performance that meets the following criteria:
`(i) It is based on the State content and student performance
standards described in paragraph (1) and on the assessments described in
paragraph (2), and includes multiple indicators, such as attendance and
dropout rates.
`(ii) It includes all students in the grades assessed under paragraph
(2), in accordance with that paragraph.
`(iii) It holds local educational agencies and schools accountable for
student achievement in at least reading and mathematics.
`(B) The accountability system described in subparagraph (A), and
described in the State plan, shall also include a procedure for identifying
local educational agencies and schools in need of improvement, intervening
in those agencies and schools, and (when those interventions are not
effective) implementing corrective actions no later than three years after
first identifying such an agency or school, that either--
`(i) complies with sections 1116 and 1117 and includes rigorous
criteria for identifying those agencies and schools that are based on
their failure to make continuous and substantial gains, which the
Secretary may define in regulations, in overall student performance and in
the performance of the lowest performing students; or
`(ii) includes an alternative procedure for identifying and
intervening in those agencies and schools, which gives highest priority to
corrective actions in the lowest performing agencies and schools that fail
to show gains over an extended period, if the Secretary determines
that--
`(I) the alternative procedure is at least as effective as the
procedures described in clause (i) and in sections 1116 and 1117, and
that the State has shown substantial overall achievement gains and a
reduction in the achievement gap between high-performing and
low-performing students in the State; or
`(II) the alternative procedure will be at least as effective as the
procedures described in clause (i) and in sections 1116 and
1117.
`(C) Each State plan shall also describe how the State will recognize
and reward local educational agencies and schools under this part,
including, at a minimum, the designation of Distinguished Schools under
section 1116(b).
`(D) If a State does not have a statewide system for holding local
educational agencies accountable that meets the requirements of
subparagraphs (A) through (C), it shall implement a system that meets those
requirements for local educational agencies and schools participating under
this part.';
(F) in paragraph (4), by striking out `paragraph (3)(C)' and inserting
in lieu thereof `paragraph (2)(C)';
(G) by striking out paragraphs (5) through (7) and inserting in lieu
thereof a new paragraph (5) to read as follows:
`(5) REVISIONS- A State may revise its final assessments described in
this subsection at any time, but no such revision shall affect the timelines
established under this subsection for identifying, assisting, and taking
corrective action with respect to, schools and local educational agencies in
need of improvement.';
(H) by redesignating paragraph (8) as paragraph (6); and
(I) in paragraph (6), as so redesignated--
(i) in subparagraph (A)--
(I) by striking out `sections 1112(c)(1)(D), 1114(b), and 1115(c)'
and inserting in lieu thereof `sections 1114 (b) and (c) and 1115';
and
(II) by inserting a comma and `and in implementing section
1120A(c)' before the semicolon at the end thereof; and
(ii) in subparagraph (B), by inserting `as' after
`factors';
(3) by amending subsection (c) to read as follows:
`(c) ASSURANCES- Each State plan shall contain assurances that the State
educational agency--
`(1) has involved the committee of practitioners (established under
section 1701(b)) in developing the plan;
`(2) will suballocate at least 97 percent of the allocation it receives
under this part for any fiscal year to local educational agencies (except as
provided by sections 1003 and 1701(c)) so that those funds can be used to
improve teaching and learning in local schools; and
`(3) will work to reduce State fiscal and accounting barriers so that
local educational agencies can combine funds under this part with funds from
other Federal, State, and local sources to achieve schoolwide reform in
schoolwide programs under section 1114.';
(A) by striking out paragraph (2);
(i) by striking out the paragraph designation `(1)' and the
paragraph heading `IN GENERAL.'; and
(ii) by redesignating subparagraphs (A) through (F) as paragraphs
(1) through (6);
(C) in paragraph (2), as so redesignated, by inserting a comma and
`and who include experts on educational standards, assessments,
accountability, and the diverse educational needs of students' after
`parents'; and
(D) in paragraph (5), as redesignated by subparagraph (B)(ii), by
redesignating clauses (i) through (iii) as subparagraphs (A) through (C),
respectively;
(5) in subsection (e)(1)--
(A) by redesignating subparagraphs (A) and (B) as subparagraphs (B)
and (C); and
(B) by inserting before subparagraph (B) a new subparagraph (A) to
read as follows:
`(A) be submitted for the first year for which this part is in effect
following the enactment of the Educational Excellence for All Children Act
of 1999;'; and
(6) by amending subsection (g) to read as follows:
(g) ENFORCEMENT- If the Secretary determines that a State is not carrying
out the requirements of subsection (b)(3), relating to accountability, the
Secretary may take any of the actions described in section 11209, in addition
to any other action authorized by law.'.
LOCAL EDUCATIONAL AGENCY PLANS
SEC. 112. Section 1112 of the ESEA is amended--
(A) in paragraph (1), by striking out `Goals 2000' and all that
follows through `section 14306' and inserting in lieu thereof `Individuals
with Disabilities Education Act, the Carl D. Perkins Vocational and
Technical Education Act of 1998, and other Acts, as appropriate';
and
(B) in paragraph (2), by striking out `section 14306' and inserting in
lieu thereof `section 11504';
(A) in the matter before paragraph (1), by striking out `Each' and
inserting in lieu thereof `In order to help all children achieve to high
standards, each';
(i) in subparagraph (B), by striking out `and' at the end
thereof;
(ii) in subparagraph (C), by adding `and' at the end thereof;
and
(iii) by adding at the end thereof a new subparagraph (D) to read as
follows:
`(D) determine the literacy levels of first graders and their need for
interventions, and a description of how it will ensure that any such
assessments--
`(i) are developmentally appropriate;
`(ii) use multiple measures to provide information about the variety
of skills that research has identified as leading to early reading;
and
`(iii) are administered to students in the language most likely to
yield valid results;';
(C) in paragraph (3), by inserting a comma and `which shall also be a
component of its plan for professional development under title II of this
Act, if it receives funds under that title' after `section 1119';
(D) in paragraph (4)(B)--
(i) by striking out `or who were formerly' and all that follows
through `1994';
(ii) by striking out `and youth at risk of dropping out';
and
(iii) by inserting `Indian children served under title IX,' after
`under part D,';
(E) in paragraph (7), by striking out `eligible';
(F) by amending paragraph (9) to read as follows:
`(9) where appropriate, a description of how the local educational
agency will use funds under this part to support preschool programs in
accordance with section 1120B;'; and
(G) by adding at the end thereof new paragraphs (10) and (11) to read
as follows:
`(10) a description of the actions the agency will take to assist its
low-performing schools (including schools identified under section 1116 as
in need of improvement), if there are any such schools, in making the
changes needed to educate all children to the State standards; and
`(11) a description of how the agency will promote the use of extended
learning time, such as an extended school year, before- and after-school
programs, and summer programs.';
(A) by striking out paragraphs (2) and (3); and
(i) by striking out the paragraph designation `(1)' and the
paragraph heading `IN GENERAL.';
(ii) by striking out subparagraphs (D) and (H);
(iii) by redesignating subparagraphs (A) through (C) and (E) through
(G) as paragraphs (1) through (6), respectively;
(iv) in paragraph (3), as so redesignated, by striking out `adequate
yearly progress' and inserting in lieu thereof `the continuous and
substantial gains called for under section 1111(b)(3)';
(v) in paragraph (6), as redesignated by clause (iii), by striking
out `and' at the end thereof; and
(vi) by adding at the end thereof new paragraphs (7) and (8) to read
as follows:
`(7) annually assess the English proficiency of all children with
limited English proficiency participating in programs under this part, use
the results of those assessments to help guide and modify instruction in the
content areas, and provide those results to the parents of those children;
and
`(8) comply with the requirements of section 1119 regarding
qualifications of teachers and paraprofessionals.';
(4) by amending subsection (d) to read as follows:
`(d) PLAN DEVELOPMENT AND DURATION- (1) Each local educational agency plan
shall be developed in consultation with teachers, administrators, and other
appropriate school personnel, and with parents of children in schools served
under this part.
`(2) Each such plan shall be submitted for the first year for which this
part is in effect following enactment of the Educational Excellence for All
Children Act of 1999 and shall remain in effect for the duration of the
agency's participation under this part.
`(3) Each such local educational agency shall--
`(A) periodically review and, as necessary, revise its plan, including
revisions that respond to any peer review carried out under this part;
and
`(B) submit any such revisions to the State educational agency for its
approval.'; and
(A) by amending paragraph (1) to read as follows:
`(1) IN GENERAL- Each local educational agency plan shall be filed
according to a schedule established by the State educational agency.';
(B) in paragraph (2), by inserting a comma and `through a peer-review
process,' after `determines'; and
(C) by striking out paragraph (3).
ELIGIBLE SCHOOL ATTENDANCE AREAS
SEC. 113. Section 1113 of the ESEA is amended--
(1) in subsection (a)(7), by striking out `with' and all that follows
through `if' and inserting in lieu thereof `under a desegregation plan
ordered by a State or court or approved by the Secretary, or such a plan
that the agency continues to implement after it has expired, if';
(2) in subsection (b)(1)--
(A) in subparagraph (B), by striking out `and' at the end
thereof;
(B) in subparagraph (C)(iii), by striking out the period at the end
thereof and inserting in lieu thereof a semicolon and `and'; and
(C) by adding at the end thereof a new subparagraph (D) to read as
follows:
`(D) designate and serve a school attendance area or school that is
not eligible under subsection (a)(2), but that was eligible and that was
served in the preceding fiscal year, but only for one additional fiscal
year.'; and
(A) in paragraph (2), by adding at the end thereof a new subparagraph
(C) to read as follows:
`(C) A local educational agency may allocate a greater per-child
amount of funds under this part to higher-poverty school attendance areas
and schools than it provides to lower-poverty areas and schools.';
and
(B) in paragraph (3)(A), by striking out `where appropriate,
eligible'.
SCHOOLWIDE PROGRAMS
SEC. 114. (a) PURPOSE AND ELIGIBILITY- Section 1114(a) of the ESEA is
amended--
(1) by amending the subsection heading to read as follows: `PURPOSE AND
ELIGIBILITY.';
(2) by amending paragraphs (1) and (2) to read as follows:
`(1) PURPOSE- The purpose of a schoolwide program under this section is
to--
`(A) enable a local educational agency to use funds under this part,
in combination with other Federal, State, and local funds, to upgrade the
entire educational program in a high-poverty school; and
`(B) help ensure that all children in such a school meet challenging
State standards for student performance, particularly those children who
are most at risk of not meeting those standards.
`(2) ELIGIBILITY- A local educational agency may use funds under this
part for the purposes described in paragraph (1) for a school that, in the
first year of the schoolwide program--
`(A) serves an eligible school attendance area in which at least 50
percent of the children are from low-income families; or
`(B) has a student enrollment at least 50 percent of which is
comprised of such children.';
(3) in paragraph (4)(A)--
(A) by striking out `subsection (b)' and inserting in lieu thereof
`subsections (b) and (c)'; and
(B) by inserting a comma and `except as provided in section
613(a)(2)(D) of that Act' after `Individuals with Disabilities Education
Act'; and
(4) by striking out paragraph (5).
(b) REORGANIZATION OF SECTION- Section 1114 of the ESEA is further
amended--
(1) by striking out subsection (c); and
(2) by redesignating paragraph (2) of subsection (b) as subsection
(c).
(c) COMPONENTS- Section 1114(b) of the ESEA, as amended by subsection
(b)(2), is amended to read as follows:
`(b) COMPONENTS OF A SCHOOLWIDE PROGRAM- A schoolwide program shall
include the following components:
`(1) A comprehensive needs assessment of the entire school that is based
on--
`(A) information on the performance of all children in the school in
relation to the State content standards and the State student performance
standards described in section 1111(b)(1); and
`(B) other factors that affect teaching and learning in the
school.
`(2) A coherent, research-based design to improve teaching and learning
throughout the entire school that is based on the data from the needs
assessment described in paragraph (1) and includes--
`(A) schoolwide reform strategies that--
`(i) provide opportunities for all children to meet the State's
proficient and advanced levels of student performance described in
section 1111(b)(1)(D);
`(ii) use effective research-based methods and instructional
strategies that--
`(I) strengthen the core academic program in the
school;
`(II) increase the amount and quality of learning time, such as
providing an extended school year and before- and after-school and
summer programs and opportunities, and help provide an enriched and
accelerated curriculum; and
`(III) include strategies for meeting the educational needs of
historically underserved populations, including children with limited
English proficiency;
`(iii)(I) address the needs of all children in the school, but
particularly the needs of children who are most at risk of not meeting
the State student performance standards, including the needs of children
who are members of the target population of any program that is included
in the schoolwide program; and
`(II) address how the school will determine if those needs have been
met; and
`(iv) are integrated with, and are designed to implement, State and
local improvement plans or policies for comprehensive standards-based
reform;
`(B) instruction by highly qualified professional staff employed in
accordance with section 1119;
`(C) in accordance with section 1119, on-going, high-quality
professional development for teachers and aides and, where appropriate,
pupil services personnel, parents, principals, and other staff to enable
all children in the school to meet the State student performance
standards;
`(D) strategies to increase parental involvement, such as family
literacy services;
`(E) plans for addressing transitions to and from the grade span
served by the schoolwide program by, for example--
`(i) assisting preschool children in the transition from early
childhood programs to kindergarten; and
`(ii) preparing high-school students for the transition from school
to further education or the workplace; and
`(F) activities to ensure that students who experience difficulty
mastering any of the standards required by section 1111(b) during the
course of the school year are provided with effective, timely additional
assistance, which shall include--
`(i) measures to ensure that students' difficulties are identified
on a timely basis and to provide sufficient information on which to base
effective assistance;
`(ii) for any student who has not met those standards,
teacher-parent conferences, at which the teacher and parents shall
discuss--
`(I) what the school will do to help the student meet those
standards;
`(II) what the parents can do to help the student improve his or
her performance; and
`(III) additional assistance that may be available to the student
at the school or elsewhere in the community; and
`(iii) specific interventions, such as providing before- and
after-school and summer programs, and one-on-one tutoring during
non-instructional time.
`(3) Regular review of the school's progress in implementing its program
and in achieving its goals for student achievement.'.
(d) SCHOOLWIDE PLANS- Subsection (c) of section 1114 of the ESEA, as
redesignated by subsection (b)(2), is amended--
(1) by striking out subparagraph (B);
(2) by redesignating subparagraphs (A) and (C) as paragraphs (1) and
(2), respectively;
(3) in paragraph (1), as so redesignated--
(A) by striking out `date of enactment' and all that follows through
`section 1117,' and inserting in lieu thereof `effective date of the
Educational Excellence for All Children Act of 1999), in consultation with
the local educational agency,';
(B) by redesignating clauses (i) through (vii) as subparagraphs (A)
through (G);
(C) in subparagraph (A), as redesignated by subparagraph (B), by
striking out `paragraph (1)' and inserting in lieu thereof `subsection
(b)'; and
(D) in subparagraph (D), as redesignated by subparagraph (B), by
striking out `section 1111(b)(3)' and inserting in lieu thereof `section
1111(b)(2)';
(4) in paragraph (2), as redesignated by paragraph (2)--
(A) by redesignating clauses (i) through (v) as subparagraphs (A)
through (E);
(B) in subparagraph (A), as so redesignated--
(i) by redesignating subclauses (I) and (II) as clauses (i) and
(ii);
(ii) in clause (i), as so redesignated, by striking out `agency' and
all that follows through `1117,' and inserting in lieu thereof `agency';
and
(iii) in clause (ii), as redesignated by clause (i), by striking out
`the date of enactment of the Improving America's Schools Act of 1994'
and inserting in lieu thereof `the effective date of the Educational
Excellence for All Children Act of 1999'; and
(C) in subparagraph (B), as redesignated by subparagraph (A), by
striking out `other staff' and all that follows through `personnel' and
inserting in lieu thereof `appropriate school staff'; and
(5) by adding at the end thereof a new paragraph (3) to read as
follows:
`(3) No school shall implement a new or revised plan under this section
until the local educational agency subjects it to a peer-review process,
which may include reviewers from outside the agency, and approves
it.'.
TARGETED ASSISTANCE SCHOOLS
SEC. 115. Section 1115 of the ESEA is amended--
(A) in paragraph (1)(A)--
(i) by striking out `part' and inserting in lieu thereof `section';
and
(ii) in clause (ii), by striking out `public education' and all that
follows through `setting' and inserting in lieu thereof `public
education'; and
(i) by amending subparagraph (A)(i) to read as follows:
`(i) Children with disabilities, migrant children, and children with
limited English proficiency are eligible for services under this part on
the same basis as other children.';
(ii) in subparagraph (B), by inserting `or in pre-school services
under this title' after `program';
(iii) in subparagraph (C)--
(I) in clause (i), by striking out `the program' and all that
follows through `may be' and inserting in lieu thereof `part D is';
and
(II) in clause (ii), by striking out `may be eligible' and
inserting in lieu thereof `is eligible'; and
(iv) in subparagraph (D), by striking out `may be eligible' and
inserting in lieu thereof `is eligible';
(2) in subsection (c)(1)--
(A) in subparagraph (B), by adding a comma and `such as research-based
approaches for modifying instruction for children with limited English
proficiency' after `children';
(B) in subparagraph (D)(ii), by striking out `curriculum, including
applied learning' and inserting in lieu thereof `curriculum';
(C) by amending subparagraph (E) to read as follows:
`(E) coordinate with and support the regular education program, which
may include services to assist preschool children in the transition from
early childhood programs to elementary school programs and, for programs
serving high schools, preparing students for the transition from school to
further education or the workplace;';
(D) in subparagraph (F), by inserting `employed in accordance with
section 1119' after `staff';
(E) in subparagraph (G), by striking out `subsection (e)(3) and';
and
(F) in subparagraph (H), by striking out `literary' and inserting in
lieu thereof `literacy'; and
(3) in subsection (e), by striking out paragraph (3).
SCHOOL CHOICE
SEC. 115A. Section 1115A(b)(4) of the ESEA is amended by striking out
`section 1111(b)(3)' and inserting in lieu thereof `section 1111(b)(2)'.
ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL IMPROVEMENT
SEC. 116. Subsections (a) through (d) of section 1116 of the ESEA are
amended to read as follows:
`(a) LOCAL REVIEW- Each local educational agency receiving funds under
this part shall--
`(1) use the State assessments and other indicators described in the
State plan, as well as any additional measures or indicators described in
the local educational agency's plan, to review annually the progress of each
school served under this part to determine if it is making continuous and
substantial gains as described in section 1111(b)(3) toward enabling its
students to meet the State student performance standards described in the
State plan; and
`(2) provide the results of the local annual review to schools so that
they can continually refine the program of instruction to help all children
served under this part in those schools meet those standards.
`(b) DESIGNATION OF DISTINGUISHED SCHOOLS- Each State educational agency
shall designate as `Distinguished Schools' those schools served under this
part that meet criteria established by the State, such as--
`(1) making the continuous and substantial gains in student performance
described in section 1111(b)(3) for three consecutive years;
`(2) having nearly all students meet the State `proficient' or
`advanced' levels of student performance; or
`(3) achieving, or significantly improving, equity in participation and
achievement of students by sex and race.
`(A) PURPOSE- In order to improve staff, curriculum, and the services
offered to children, so that they can meet challenging State standards,
each local educational agency shall identify for school improvement any
school served under this part that--
`(i) for two consecutive years, failed to meet the State's criteria
under section 1111(b)(3) either for overall improvement or for
improvement of the lowest performing students, unless the Secretary has
approved an alternative procedure proposed by the State in its plan
under section 1111(b)(3)(B)(ii); or
`(ii) immediately preceding the effective date of the amendments to
this section made by the Educational Excellence for All Children Act of
1999, was in school-improvement status under this section, as then in
effect.
`(B) TRANSITION- The two-year period described in subparagraph (A)
shall include any continuous period of time, immediately preceding the
effective date of the amendments made to this section by the Educational
Excellence for All Children Act of 1999, during which a school did not
make adequate progress as defined in the State's plan under section
1111(b)(2)(B) or (7)(B), as then in effect.
`(C) TARGETED ASSISTANCE SCHOOLS- In determining whether a school that
is conducting a targeted assistance program under section 1115 should be
identified as in need of improvement under this paragraph, a local
educational agency may choose to review the progress of only those
students in that school who are served under this part.
`(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE- (A) Before identifying
a school for school improvement under paragraph (1), the local educational
agency shall provide the school with an opportunity to review the
school-level data, including assessment data, on which that proposed
identification is based.
`(B) If the school believes that the proposed identification is in error
for statistical or other substantive reasons, it may provide supporting
evidence to the local educational agency, which such agency shall consider
before making a final determination.
`(3) SCHOOL PLAN- (A) Each school identified under paragraph (1) shall,
within three months of being so identified, develop or revise a school plan,
in consultation with parents, school staff, the local educational agency,
and a State school support team or other outside experts, that includes
research-based strategies and specific goals and objectives for making
continuous and substantial progress and that--
`(i) has the greatest likelihood of improving the performance of
participating children in meeting the State's student performance
standards;
`(ii) addresses the fundamental teaching and learning needs in that
school, and the specific academic problems of low-performing
students;
`(iii) identifies and addresses the need to improve the skills of its
staff through effective professional development;
`(iv) identifies student performance targets and goals for the next
three years; and
`(v) specifies the responsibilities of the local educational agency
and the school under the plan.
`(B) The local educational agency shall promptly subject the plan to a
peer-review process, work with the school to revise the plan as necessary,
and approve the plan.
`(C) The school shall implement its plan (or revised plan) as soon as it
is approved.
`(4) TECHNICAL ASSISTANCE- For each school identified under paragraph
(1), the local educational agency shall provide technical or other
assistance as the school develops and implements its plan.
`(5) 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,
unless the Secretary has approved an alternative procedure proposed by the
State in its plan under section 1111(b)(3)(B)(ii):
`(A) After providing technical assistance under paragraph (4) and
taking other remedial measures, the local educational agency--
`(i) may take corrective action at any time with respect to a school
that has been identified under paragraph (1);
`(ii) shall take corrective action with respect to any school that
still fails to make continuous and substantial gains, as defined by the
State, immediately after the third year following its identification
under paragraph (1), except that the local educational agency may
refrain from taking such action for not more than one additional year if
it assesses the school's performance and determines that--
`(I) the school is meeting the targets and goals of the school
improvement plan described in paragraph (3)(A)(iv), as shown by an
improvement in student achievement through a one-year gain in scores
on the State assessment; and
`(II) the school will meet the State's criteria for continuous and
substantial gains within one year; 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 the consistent academic
failure that caused that agency to take that action and to any
underlying staffing, curricular, or other problems in the school;
and
`(ii) is designed to substantially increase the likelihood that
students in that school will meet challenging State
standards.
`(C) In any case described in subparagraph (A)(ii), the local
educational agency shall take at least one of the following corrective
actions:
`(i) Instituting and fully implementing a new curriculum, including
appropriate professional development for all relevant staff, that is
research-based and offers substantial promise of improving educational
achievement for low-performing students.
`(ii) Redesigning the school by reconstituting all or part of the
school staff in a manner consistent with section 1119(a); restructuring
the school, such as by creating schools within schools or other smaller
learning environments; or re-opening the school under alternative
governance arrangements, such as a public charter school.
`(iii) Closing the school.
`(iv) In conjunction with any other action described in clauses (i)
through (iii), allowing students in the school who are served under this
part to choose to attend other public schools and providing them
transportation (or the costs of transportation) to those
schools.
`(D) The local educational agency shall make public and disseminate
any corrective action it takes under this paragraph.
`(E) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE- (i) Before
determining that it will take corrective action with respect to any school
under this paragraph, the local educational agency shall provide the
school an opportunity to review the school-level data, including
assessment data, on which the proposed determination is made.
`(ii) If the school believes that the proposed determination is in
error for statistical or other substantive reasons, it may provide
supporting evidence to the local educational agency, which shall consider
it before making a final determination.
`(6) STATE EDUCATIONAL AGENCY RESPONSIBILITIES- If a State educational
agency determines that a local educational agency failed to carry out its
responsibilities under paragraphs (4) and (5), it shall take such action as
it finds necessary to improve the affected schools and to ensure that the
local educational agency carries out those responsibilities.
`(7) SPECIAL RULE- A local educational agency may remove from
school-improvement status under this subsection any school that meets the
State's criteria under section 1111(b)(3), including showing substantial
gains by the lowest-performing students, for at least two of the three years
following its identification under paragraph (1).
`(d) STATE REVIEW AND LEA IMPROVEMENT-
`(1) PURPOSE- In order to ensure that children served under this part
meet challenging State standards, each State educational agency shall
annually review the progress of each participating local educational agency,
in accordance with section 1111(b)(3), to determine whether it is meeting
the State's criteria for accountability, including showing continuous and
substantial gains in the achievement of the lowest-performing
students.
`(2) DISTINGUISHED SCHOOL DISTRICTS- Each State may designate as
`Distinguished School Districts' those local educational agencies that, over
a three-year period, meet or exceed such criteria as the State may establish
for performance and improvement under this part.
`(3) IDENTIFICATION- (A) A State educational agency shall identify for
improvement any local educational agency that, for two consecutive years,
does not meet the State's criteria for accountability under section
1111(b)(3), including showing continuous and substantial gains in
achievement for the lowest-performing students, unless the Secretary has
approved an
alternative procedure in the State's plan under section 1111(b)(3)(B)(ii).
`(B)(i) Before identifying a local educational agency for improvement
under subparagraph (A), the State educational agency shall provide the local
educational agency with an opportunity to review the school-level data,
including assessment data, on which that proposed identification is
based.
`(ii) If the local educational agency believes that such proposed
identification is in error due to statistical or other substantive reasons,
the local educational agency may provide supporting evidence, which the
State educational agency shall consider before making a final
determination.
`(4) LOCAL EDUCATIONAL AGENCY REVISIONS- (A) Each local educational
agency identified under paragraph (3) shall, within three months of being so
identified, revise its plan under section 1112, in consultation with
schools, parents, and outside educational experts, to--
`(i) address the fundamental teaching and learning needs in the
schools of that agency, and the specific academic problems of
low-performing students;
`(ii) have the greatest likelihood of improving the performance of
participating children in meeting the State's student performance
standards; and
`(iii) identify annual student performance targets and goals for the
next three years.
`(B) Such revision shall include determining why the local educational
agency's plan failed to bring about increased achievement.
`(C) The local educational agency shall submit its revised plan to the
State educational agency for peer review and approval.
`(5) STATE EDUCATIONAL AGENCY RESPONSIBILITY- For each local educational
agency identified under paragraph (3), the State educational agency shall
provide technical or other assistance, if requested, as authorized under
section 1117, to better enable the local educational agency to--
`(A) develop and implement its revised plan; and
`(B) work with schools needing improvement.
`(6) CORRECTIVE ACTION- In order to ensure that children served under
this part meet challenging State standards, each State educational agency
shall implement a system of corrective action in accordance with the
following, unless the Secretary has approved an alternative procedure in the
State's plan under section 1111(b)(3)(B)(ii):
`(A) After providing technical assistance under paragraph (5) and
taking other remedial measures, the State educational agency--
`(i) may take corrective action at any time with respect to a local
educational agency that has been identified under paragraph
(3);
`(ii) shall take such action with respect to any local educational
agency that still fails to make continuous and substantial gains, as
defined by the State, immediately after the third year following its
identification under paragraph (3), except that the State educational
agency may refrain from taking such action for not more than one
additional year if it assesses the local educational agency's
performance and determines that--
`(I) the local educational agency is meeting the targets and goals
in its revised plan, as described in paragraph (4)(A)(iii), as shown
by an improvement in student achievement through a one-year gain in
scores on the State assessment; and
`(II) the local educational agency will meet the State's criteria
for continuous and substantial gains within one year;
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 law, that--
`(i) substantially and directly responds to the persistent academic
failure that caused that agency to take that action and to any
underlying staffing, curricular, or other problems in the local
educational agency; and
`(ii) is designed to substantially increase the likelihood that
students in the local educational agency's schools will meet challenging
State standards.
`(C) In any case described in subparagraph (A)(ii), the State
educational agency shall take at least one of the following corrective
actions:
`(i) Withholding of funds.
`(ii) Appointing a receiver or trustee to administer the affairs of
the local educational agency in place of the superintendent and school
board.
`(iii) Abolishing or restructuring the local educational
agency.
`(iv) In conjunction with any other action described in this
subparagraph, allowing students in schools served under this part to
choose to attend public schools in other local educational agencies and
providing them transportation (or the costs of transportation) to those
schools.
`(D) Before implementing any corrective action under subparagraph (A),
the State educational agency shall provide due process and a hearing to
the affected local
educational agency, if State law provides for such process and hearing.
`(E) The State educational agency shall make public and disseminate
any corrective action it takes under this paragraph.
`(7) SPECIAL RULE- A State educational agency may remove from
improvement status under this subsection any local educational agency that,
for at least two of the three years following identification under paragraph
(3), makes substantial gains toward meeting the State's standards.'.
STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT
SEC. 117. Section 1117 of the ESEA is amended to read as follows:
`STATE ASSISTANCE FOR SCHOOL DISTRICT AND SCHOOL SUPPORT AND
IMPROVEMENT
`SEC. 1117. (a) SYSTEM FOR SUPPORT- Each State educational agency shall
establish a statewide system of intensive and sustained support and
improvement for local educational agencies and schools receiving funds under
this part, in order to increase the opportunity for all students in those
agencies and schools to meet the State's content standards and student
performance standards.
`(b) PRIORITIES- In carrying out this section, the State educational
agency shall--
`(1) first provide support and assistance to local educational agencies
subject to corrective action under section 1116 and to help schools, in
accordance with section 1116(c)(6), for which a local educational agency has
failed to carry out its responsibilities under section 1116(c)(4) and
(5);
`(2) next, provide support and assistance to other local educational
agencies identified as in need of improvement under section 1116; and
`(3) then provide support and assistance to other local educational
agencies and schools participating under this part that need that support
and assistance in order to achieve the purpose of this part.
`(c) APPROACHES- In order to achieve the purpose described in subsection
(a), each such system shall provide technical assistance and support through
such approaches as--
`(1) school support teams, composed of individuals who are knowledgeable
about research and practice on teaching and learning, particularly about
strategies for improving educational results for low-achieving
students;
`(2) the designation and use of `Distinguished Educators', chosen from
schools served under this part that have been especially successful in
enabling children to meet (or make outstanding progress toward meeting)
State standards; and
`(3) a peer-review process designed to increase the capacity of local
educational agencies and schools to develop high-quality school improvement
plans.
`(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 reserved under section 1701(c)
for that purpose.'.
PARENTAL INVOLVEMENT
SEC. 118. Section 1118 of the ESEA is amended--
(1) in subsection (a)(3)(A), by striking out `(other than funds
allocated under section 1002(e))';
(A) in paragraph (3), by striking out `section 1114(b)' and inserting
in lieu thereof `section 1114(c)';
(B) in paragraph (4)(B)--
(i) by striking out `school performance profiles required under
section 1116(a)(3)' and inserting in lieu thereof `the school report
cards required by section 11206'; and
(ii) by striking out `section 1111(b)(3)(H)' and inserting in lieu
thereof `section 1111(b)(2)(H)'; and
(i) by striking out `section 1114(b)(2)' and inserting in lieu
thereof `section 1114(c)'; and
(ii) by striking out `participating children' and inserting in lieu
thereof `children attending the school';
(3) in subsection (e)(1)--
(A) by striking out `the National Education Goals' and inserting in
lieu thereof `America's Education Goals'; and
(B) by striking out `section 1111(b)(8)' and inserting in lieu thereof
`section 1111(b)(6)';
(4) in subsection (f), by striking out `the parental involvement
requirements of'; and
(5) by striking out subsection (g).
TEACHER QUALIFICATIONS AND PROFESSIONAL DEVELOPMENT
SEC. 119. Section 1119 of the ESEA is amended--
(1) by amending the section heading to read as follows: `HIGH-QUALITY
INSTRUCTION';
(2) by striking out subsections (f), (h), and (i) and redesignating
subsections (b) through (e) and subsection (g) as subsections (d) through
(h), respectively;
(3) by amending subsection (a) to read as follows:
`(a) PURPOSE AND GENERAL REQUIREMENTS- In order to enable all children to
meet challenging State standards, each local educational agency receiving
assistance under this part shall--
`(1) hire qualified instructional staff, consistent with subsections (b)
and (c);
`(2) provide high-quality professional development that will improve
teaching and learning in core content areas, consistent with subsection (d);
and
`(3) use at least five percent of its allocation under this part for
fiscal years 2001 and 2002, and 10 percent of that allocation for subsequent
fiscal years, for that professional development, except that if a local
educational agency fails to make substantial progress against the indicators
for professional development identified by the Secretary under section 2136
or the indicators for teacher quality established by the State under section
11205 or by the Secretary under section 11912, the State educational agency
may withhold all or a portion of the funds described in this paragraph and
shall use any funds so withheld to provide, or arrange for the provision of,
the professional development described in paragraph (2).';
(4) by inserting new subsections (b) and (c) to read as follows:
`(b) MINIMUM QUALIFICATIONS FOR TEACHERS- Each local educational agency
shall ensure that, by no later than the effective date of the amendments to
this section made by the
Educational Excellence for All Children Act of 1999, all new teachers in
programs supported with funds under this part--
`(1) are certified in the field in which they will teach; or
`(2) have a bachelors degree and are enrolled in a program through which
they will obtain such certification within three years.
`(c) PARAPROFESSIONALS- (1) Each local educational agency shall ensure
that, not later than July 1, 2002, all paraprofessionals working in programs
supported with funds under this part meet the educational requirements of
paragraph (2) or (3) and perform only the duties described in those
paragraphs.
`(2) A paraprofessional may perform any of the following duties only if he
or she has completed at least two years of college and is under the direct
supervision of a teacher:
`(A) One-on-one tutoring for eligible students. Any such tutoring must
be at times that are in addition to the time a student would otherwise
receive instruction from a teacher.
`(B) Assisting with classroom management, such as organizing
instructional and other materials.
`(C) Providing assistance in a computer laboratory.
`(3) A paraprofessional who possesses a secondary school diploma or its
equivalent, but who has not completed at least two years of college, may
perform only non-instructional duties, such as improving parental involvement,
providing support in a library or media center, or acting as a translator.
`(4) Each local educational agency shall ensure that each paraprofessional
described in paragraph (1)--
`(A) is appropriately trained and possesses the knowledge and skills
sufficient to support teachers, parents, or school administrators, as the
case may be, in meeting the goals of this part;
`(B) participates in professional development and other training
opportunities directly relevant to his or her work assignment or to
upgrading his or her assignment; and
`(C) is supervised by a teacher or other appropriate school staff
member.';
(5) in subsection (d), as redesignated by paragraph (2)--
(A) by amending paragraph (1) to read as follows:
`(1) Professional development under this section shall include
principals, teachers, and other school staff in its design and shall--
`(A) improve the ability of teachers to help all students, including
children with disabilities, children with limited English proficiency, and
economically disadvantaged children, reach high State content and student
performance standards;
`(B) advance teacher understanding of one or more of the core academic
subject areas and effective instructional strategies for improving student
achievement in those areas;
`(C) be of sufficient duration to have a positive and lasting impact
on classroom instruction;
`(D) be an integral part of broader school and district-wide plans for
raising student achievement to State standards;
`(E) be based on the best available research on teaching and
learning;
`(F) include professional development activities that involve
collaborative groups of teachers and administrators from the same school
or district and, to the greatest extent possible, include follow-up and
school-based support such as coaching or study groups; and
`(G) as a whole, be regularly evaluated for its impact on increased
teacher effectiveness and improved student achievement, with the findings
of such evaluations used to improve the quality of professional
development.'; and
(i) by amending subparagraph (A) to read as follows:
`(A) instruction in the use of data and assessments to inform and
instruct classroom practice;';
(ii) by amending subparagraph (D) to read as follows:
`(D) instruction in the use of technology as a tool to improve
instruction;'; and
(iii) in subparagraph (H), by striking out `Head Start' and all that
follows through `personnel' and inserting in lieu thereof `Head Start,
or family literacy programs such as Even Start; State-run preschool
program personnel; and child-care providers'; and
(6) in subsection (h), as redesignated by paragraph (2), by striking out
`this Act' and all that follows through `sources' and inserting in lieu
thereof `this Act and other sources'.
PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS
SEC. 120. Section 1120 of the ESEA is amended--
(A) in paragraph (1), by inserting `that address their needs, and
shall ensure that teachers and families of these students participate, on
an equitable basis, in services and activities under sections 1118 and
1119' before the period at the end thereof; and
(B) in paragraph (4), by inserting, before the period at the end
thereof, a comma and `which the local educational agency may determine
each year or every two years';
(i) in subparagraph (D), by striking out `assessed; and' and
inserting in lieu thereof `assessed, and how the results of that
assessment will be used to improve those services';
(ii) in subparagraph (E), by striking out `what is' and all that
follows through the period at the end thereof and inserting in lieu
thereof `the amounts of funds generated by low-income private school
children in each participating attendance area for those services;';
and
(iii) by adding at the end thereof new subparagraphs (F) and (G) to
read as follows:
`(F) the method or sources of data that are used under subsection
(a)(4) to determine the number of children from low-income families in
participating school attendance areas who attend private schools;
and
`(G) how and when the agency will make decisions about the delivery of
services to those children.'; and
(i) by inserting `shall include meetings of agency and private
school officials and' after `consultation'; and
(ii) by inserting a comma and `and shall continue throughout
implementation and assessment of activities under this section' before
the period at the end thereof;
(3) in subsection (d)(2), by striking out `sections 14505 and 14506' and
inserting in lieu thereof `sections 11805 and 11806'; and
(4) by striking out subsection (e).
FISCAL REQUIREMENTS
SEC. 120A. Section 1120A of the ESEA is amended--
(1) in subsection (a), by striking out `section 14501' and inserting in
lieu thereof `section 11801'; and
(i) by amending the paragraph heading to read as follows: `CRITERIA
FOR MEETING COMPARABILITY REQUIREMENT.';
(ii) by amending subparagraph (A) to read as follows:
`(A) To meet the requirement of paragraph (1), a local educational
agency shall establish, and obtain the State educational agency's approval
of, policies to ensure comparability in the use of State and local funds
among its schools participating under this part and its other schools with
respect to--
`(i) pupil-teacher ratios and the qualifications of teachers (by
category of assignment, such as regular education, special education,
and bilingual education) and professional staff;
`(ii) curriculum, the range of courses offered, instructional
materials, and instructional resources to ensure that participating
children have the opportunity to achieve to the highest student
performance levels under the State's challenging content and student
performance standards; and
`(iii) the condition and safety of school facilities, and their
accessibility to technology.';
(iii) by striking out subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(iv) by inserting after subparagraph (B), as so redesignated, a new
subparagraph (C) to read as follows:
`(C) Notwithstanding subparagraph (A), a local educational agency may
continue to meet the requirement of paragraph (1) by complying with
subparagraph (A) as it was in effect prior to the enactment of the
Educational Excellence for All Children Act of 1999, but each local
educational agency shall comply with subparagraph (A), as amended by that
Act, no later than July 1, 2002.'; and
(B) in paragraph (3)(B), by striking out `biennially' and inserting in
lieu thereof `annually'.
PRESCHOOL SERVICES AND COORDINATION REQUIREMENTS
SEC. 120B. Section 1120B of the ESEA is amended--
(1) by amending the section heading to read as follows: `PRESCHOOL
SERVICES; COORDINATION REQUIREMENTS';
(2) in subsection (c), by striking out `Head Start Act Amendments of
1994' and inserting in lieu thereof `Head Start Amendments of 1998';
and
(3) by adding the following at the end thereof:
`(d) PRESCHOOL SERVICES- (1) A local educational agency may use funds
received under this part to provide preschool services--
`(A) directly to eligible preschool children in all or part of its
jurisdiction;
`(B) through any school participating in the agency's program under this
part; or
`(C) through a contract with a local Head Start agency, a partnership
operating an Even Start program, a State-funded preschool program, or a
comparable public early-childhood development program.
`(2) Preschool programs operated with funds provided under this part may
be operated and funded jointly with Even Start programs under part B of this
title, Head Start programs, or State-funded preschool programs.
`(3) All preschool programs funded under this part shall--
`(A) focus on the developmental needs of participating children,
including their social, cognitive, and language-development needs, and use
research-based approaches that build on competencies that lead to school
success, particularly in language and literacy development and in reading;
and
`(B) ensure that participating children, at a minimum--
`(i) understand and use language to communicate for various
purposes;
`(ii) understand and use increasingly complex and varied
vocabulary;
`(iii) develop and demonstrate an appreciation of books;
`(iv) develop phonemic, print, and numeracy awareness; and
`(v) in the case of children with limited English proficiency,
progress toward acquisition of the English language-
ALLOCATIONS
SEC. 120C. (a) GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR- Section 1121(b) of the ESEA is amended--
(1) in paragraph (1), by striking out `paragraph (3)' and inserting in
lieu thereof `paragraph (2)'; and
(2) in paragraph (2)(A), by inserting `not more than' after `shall
reserve'.
(b) ALLOCATIONS TO STATES- Section 1122 of the ESEA is amended to read as
follows:
`ALLOCATIONS TO STATES
`SEC. 1122. (a) AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND
TARGETED GRANTS- Of the amount appropriated under section 1002(a) for any
fiscal year that remains after funds are reserved under section 1003(b), the
Secretary shall allocate the greater of the following to targeted grants under
section 1125:
`(1) 20 percent of that remaining amount.
`(2) The portion of that remaining amount that exceeds the combined
appropriation for fiscal year 1995 for basic grants under section 1124 and
for concentration grants under section 1124A.
`(b) ALLOCATIONS- Except as provided in subsections (c) and (d), the
Secretary shall allocate to each State the sum of the amounts determined for
the local educational agencies in the State under sections 1124, 1124A, and
1125.
`(c) ADUSTMENTS IN CASE OF INSUFFICIENT APPROPRIATIONS- (1) If the sums
available for any fiscal year under subsection (a) are insufficient to pay the
full amounts that all local educational agencies in the States are eligible to
receive under sections 1124, 1124A, and 1125, the Secretary shall ratably
reduce the allocations to those agencies and to the States.
`(2) If additional funds become available for making payments under those
sections, the Secretary shall ratably increase those allocations.
`(d) HOLD-HARMLESS AMOUNTS- (1) Notwithstanding subsections (b) and (c),
the amount made available to each local educational agency under each of
sections 1124 and 1125 for any fiscal year shall be--
`(A) at least 95 percent of its amount for the previous fiscal year if
the number of children counted under section 1124(c) is at least 30 percent
of the total number of children aged 5 through 17 in that agency;
`(B) at least 90 percent of its amount for the previous fiscal year if
the number of children so counted is at least 15 percent, but less than 30
percent, of the total number of children aged 5 through 17 in that agency;
and
`(C) at least 85 percent of its amount for the previous fiscal year if
the number of children so counted is less than 15 percent of the total
number of children aged 5 through 17 in that agency.
`(2) In any fiscal year for which the Secretary makes allocations under
this part to counties--
`(A) the Secretary shall apply the percentages described in paragraph
(1) to counties; and
`(B) if the allocation to a county is not sufficient to meet the
requirement of paragraph (1) for each local educational agency in that
county, the State educational agency shall proportionately reallocate funds
from all other local educational agencies in the State that would otherwise
receive allocations in excess of the amounts determined under that
paragraph.
`(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.'.
(c) BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES- Section 1124 of the ESEA
is amended--
(A) by amending paragraph (1) to read as follows:
`(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES- Except as provided in
paragraph (4) and in section 1126, the grant that a local educational agency
is eligible to receive under this section for a fiscal year is the amount
determined by multiplying--
`(A) the number of children counted under subsection (c); and
`(B) 40 percent of the average per-pupil expenditure in the State,
except that the amount determined under this subparagraph shall not be
less than 32 percent, and not more than 48 percent, of the average
per-pupil expenditure in the United States.';
(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
respectively;
(C) by amending paragraph (2), and inserting after paragraph (2) a new
paragraph (3), to read as follows:
`(2) CALCULATION OF GRANTS-
`(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- The Secretary shall
calculate grants under this section on the basis of the number of children
counted under subsection (c) for local educational agencies, unless the
Secretary and the Secretary of Commerce determine that some or all of
those data are unreliable or that their use would be otherwise
inappropriate, in which case--
`(i) the two Secretaries shall publicly disclose the reasons for
their determination in detail; and
`(ii) paragraph (3) shall apply.
`(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL AGENCIES- (i)
For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants under this section
for each local educational agency.
`(ii) The amount of a grant under this section for each large local
educational agency shall be the amount determined under clause
(i).
`(iii) For small local educational agencies, the State educational
agency may either--
`(I) distribute grants under this section in amounts determined by
the Secretary under clause (i); or
`(II) use an alternative method approved by the Secretary to
distribute the portion of the State's total grants under this section
that is based on those small agencies.
`(iv) An alternative method under clause (iii)(II) shall be based on
population data that the State educational agency determines best reflect
the current distribution of children in poor families among the State's
small local educational agencies that meet the eligibility criteria of
subsection (b).
`(v) If a small local educational agency is dissatisfied with the
determination of its grant by the State educational agency under clause
(iii)(II), it may appeal that determination to the Secretary, who shall
respond within 45 days of receiving it.
`(vi) As used in this subparagraph--
`(I) the term `large local educational agency' means a local
educational agency serving an area with a total population of 20,000 or
more; and
`(II) the term `small local educational agency' means a local
educational agency serving an area with a total population of less than
20,000.
`(3) ALLOCATIONS TO COUNTIES- (A) For any fiscal year to which this
paragraph applies, the Secretary shall calculate grants under this section
on the basis of the number of children counted under section 1124(c) for
counties, and State educational agencies shall suballocate county amounts to
local educational agencies, in accordance with regulations of the
Secretary.
`(B) In any State in which a large number of local educational agencies
overlap county boundaries, or for which the State believes it has data that
would better target funds than allocating them by county, the State
educational agency may apply to the Secretary for authority to make the
allocations under this part for a particular fiscal year directly to local
educational agencies without regard to counties.
`(C) If the Secretary approves its application under subparagraph (B),
the State educational agency shall provide the Secretary an assurance that
those allocations will be made--
`(i) using precisely the same factors for determining a grant as are
used under this part; or
`(ii) using data that the State educational agency submits to the
Secretary for approval that more accurately target poverty.
`(D) The State educational agency shall provide the Secretary an
assurance that a procedure is (or will be) established through which local
educational agencies that are dissatisfied with its determinations under
subparagraph (B) may appeal directly to the Secretary for a final
determination.'; and
(D) by amending paragraph (4), as redesignated by subparagraph (B), to
read as follows:
`(4) PUERTO RICO- The grant that the Commonwealth of Puerto Rico is
eligible to receive under this section for a fiscal year is the amount
determined for Puerto Rico under paragraph (1), multiplied by the
following:
`(A) For fiscal year 2001, 77.6 percent.
`(B) For fiscal year 2002, 83.2 percent.
`(C) For fiscal year 2003, 88.8 percent.
`(D) For fiscal year 2004, 94.4 percent.
`(E) For fiscal years starting with fiscal year 2005, 100
percent.';
(2) by amending subsection (b) to read as follows:
`(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY- A local educational agency is
eligible for a basic grant under this section for any fiscal year only if the
number of children counted under subsection (c) for that agency is both--
`(2) more than two percent of the total school-age population in the
agency's jurisdiction.';
(i) in subparagraph (A), by adding `and' at the end
thereof;
(ii) by striking out subparagraph (B) and redesignating subparagraph
(C) as subparagraph (B); and
(iii) in subparagraph (B), as so redesignated, by inserting
`(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)' after `number of children';
(i) in the second sentence, by striking out `For fiscal year 1999
and beyond, the' and inserting in lieu thereof `The'; and
(ii) by striking out the third and fourth sentences;
(i) in the first sentence--
(I) by striking out `1997' and inserting in lieu thereof `2001';
and
(II) by striking out `unreliable' and all that follows through
Sciences' and inserting in lieu thereof `unreliable';
and
(ii) in the second sentence, by striking out `jointly issue a report
setting forth their reasons in detail' and inserting in lieu thereof
`publicly disclose their reasons';
(D) by striking out paragraph (4) and redesignating paragraphs (5) and
(6) as paragraphs (4) and (5), respectively;
(E) in paragraph (4), as redesignated by subparagraph (D)--
(i) by striking out the first sentence;
(ii) in the second sentence--
(I) by striking out `the number of such children
and';
(II) by striking out `of such ages' and inserting in lieu thereof
`aged 5 through 17'; and
(III) by striking out `(using' and all that follows through
`October)'; and
(iii) by adding the following sentence at the end thereof: `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.'; and
(F) in paragraph (5), as redesignated by subparagraph (D), by striking
out the final sentence; and
(4) in subsection (d), by striking out `subsection (b)(1) or (d)
of'.
(d) CONCENTRATION GRANTS- Section 1124A of the ESEA is amended--
(i) by amending subparagraph (A) to read as follows:
`(A) Except as provided in subparagraph (B), each local educational
agency that is eligible for a grant under section 1124 for any fiscal year
is eligible for an additional grant under this section for that fiscal
year if the number of children counted under section 1124(c) in the agency
exceeds either--
`(ii) 15 percent of the total number of children aged 5 through 17
in the agency.'; and
(ii) in subparagraph (B)--
(I) by striking out `such subsections (b)(1) and (d) of';
and
(II) by striking out `described in subparagraph (A)';
and
(B) by amending paragraph (4) to read as follows:
`(4) LOCAL ALLOCATIONS- (A) Grant amounts under this section shall be
determined in accordance with section 1124(a)(2) and (3).
`(B) For any fiscal year for which the Secretary allocates funds under
this section to counties, a State may reserve not more than two percent of
its allocation under this section for any fiscal year to make grants to
local educational agencies that meet the criteria of paragraph (1)(A)(i) or
(ii) but that are in ineligible counties.'; and
(2) by deleting subsections (b) and (c) and redesignating subsection (d)
as subsection (b).
(e) TARGETED ASSISTANCE GRANTS- Section 1125 of the ESEA is amended--
(A) in paragraph (1)(B), by striking out `the second sentence of
subparagraph 1124(a)(1)(A)' and inserting in lieu thereof `section
1124(a)(1)(A)'; and
(B) in paragraph (2), by striking out `subparagraph 1124(a)(3)' and
inserting in lieu thereof `section 1124(a)(4)';
(A) in paragraph (1), by amending the paragraph heading to read as
follows: `WEIGHTS FOR ALLOCATIONS TO COUNTIES.'; and
(i) by amending the paragraph heading to read as follows: `WEIGHTS
FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.'; and
(ii) in subparagraph (A), by striking out `beginning with fiscal
year 1999';
(3) by amending subsection (d) to read as follows:
`(d) CALCULATION OF GRANT AMOUNTS- Grants under this section shall be
calculated in accordance with section 1124(a)(2) and (3).'; and
(4) in subsection (e), by striking out `subsection (b)(1) or (d)
of'.
(f) EDUCATION FINANCE INCENTIVE PROGRAM- Section 1125A of the ESEA is
amended--
(1) by amending subsection (a) to read as follows:
`(a) GRANTS- From sums appropriated to carry out this section, the
Secretary is authorized to make grants to States to carry out the purposes of
this part.';
(A) by striking out `Funds appropriated pursuant to subsection (e)'
and inserting in lieu thereof `Funds described in subsection (a) for each
fiscal year'; and
(B) by striking out `appropriated pursuant to subsection (e) for such
fiscal year' and inserting in lieu thereof `of those funds'; and
(3) by striking out subsection (e).
(g) SPECIAL ALLOCATION PROCEDURES- Section 1126(a)(1) of the ESEA is
amended--
(1) by inserting `or delinquent' after `neglected'; and
(2) by striking out `subparagraph 1124(c)(1)(C)' and inserting in lieu
thereof `section 1124(c)(1)(B)'.
PROGRAM INDICATORS
SEC. 120D. Part A of title I of the ESEA is further amended by adding at
the end thereof a new subpart 3 to read as follows:
`Subpart 3--Program Indicators
`PROGRAM INDICATORS
`SEC. 1131. Each State receiving assistance under this part shall report
to the Secretary each year with respect to its progress in meeting the
following performance indicators for participating schools and local
educational agencies, and shall use those indicators to improve its program
performance:
`(1) STUDENT PERFORMANCE- Increasing percentages of students in schools
with at least 50 percent poverty will meet proficient and advanced
performance levels on State assessments in reading and mathematics.
`(2) STUDENT PERFORMANCE- The average scores representing the
performance of the lowest achieving students on State assessments will
increase annually in both reading and mathematics.
`(3) ACCOUNTABILITY- Increasing percentages of schools identified as in
need of improvement under this part will show academic progress after two
years.
`(4) QUALIFIED TEACHERS- The percentage of teachers in programs under
this part who are certified in the field in which they teach will increase
annually.
`(5) ALIGNED CURRICULA AND MATERIALS- Increasing percentages of school
principals will report that curricula and instructional materials in use in
their school are aligned with challenging State content standards.
`(6) EXTENDED TIME- Increasing percentages of schools will operate
before- and after-school, summer, and other programs designed to extend and
reinforce student learning.
`(7) PARENTAL INVOLVEMENT- Increasing percentages of parents will report
that their schools engage them in supporting their children's
learning.'.
Part B--Even Start
STATEMENT OF PURPOSE
SEC. 121. Section 1201 of the ESEA is amended--
(1) in paragraph (1), by inserting `high-quality' after
`existing';
(2) in paragraph (2), by striking out `and' at the end thereof;
(3) in paragraph (3), by striking out the period and inserting in lieu
thereof a semicolon and `and'; and
(4) by adding at the end thereof a new paragraph (4) to read as
follows:
`(4) be based on the best available research on language development,
reading instruction, and prevention of reading difficulties.'.
PROGRAM AUTHORIZED
SEC. 122. Section 1202 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) RESERVATION OF FUNDS- For each fiscal year, the Secretary shall
reserve 5 percent of the amount appropriated under section 1002(b) for
programs, under such terms and conditions as the Secretary shall establish,
that are consistent with the purpose of this part, and that support national
demonstration and model projects for isolated and especially hard-to-reach
populations, which shall include projects for--
`(1) children of migratory workers;
`(2) the outlying areas, for which the Secretary shall reserve one-half
of one percent of the funds appropriated under section 1002(b);
`(3) Indian tribes and tribal organizations; and
`(4) such other populations as the Secretary may from time to time
determine, such as families that are homeless, that have children with
severe disabilities, or that include incarcerated mothers of young
children.';
(2) by amending subsection (b) to read as follows:
`(b) RESERVATION FOR FEDERAL ACTIVITIES- From amounts appropriated under
section 1002(b) for any fiscal year, the Secretary may reserve not more than
one percent to provide, directly or through grants or contracts with eligible
organizations, technical assistance, program improvement, and replication
activities.';
(A) by amending the subsection heading to read `RESERVATION FOR
STATEWIDE FAMILY LITERACY INITIATIVES.';
(B) in paragraph (1), by striking out `From funds reserved under
section 2260(b)(3), the Secretary shall' and inserting in lieu thereof
`From funds appropriated under section 1002(b) for any fiscal year, the
Secretary may';
(C) in paragraph (2)(C)--
(i) in the subparagraph heading, by striking out `PART C OF TITLE
II' and inserting in lieu thereof `PART E';
(ii) by striking out `section 2253(d)' and inserting in lieu thereof
`section 1503(d)'; and
(iii) by striking out `section 2253' and inserting in lieu thereof
`section 1503'; and
(D) in paragraph (3), by striking out `section 2252' and inserting in
lieu thereof `section 1502';
(A) in paragraph (2), by striking out `that section' and inserting in
lieu thereof `that part'; and
(i) by striking out `$250,000, or'; and
(ii) by striking out `such year, whichever is greater' and inserting
in lieu thereof `such year'; and
(A) in paragraph (2), by striking out `nonprofit'; and
(B) in paragraph (3), by striking out the period at the end thereof
and inserting in lieu thereof a semicolon.
STATE PROGRAMS
SEC. 123. Section 1203 of the ESEA is amended--
(1) by redesignating subsections (a) and (b) as subsections (b) and (c),
respectively;
(2) by inserting a new subsection (a) to read as follows:
`(1) CONTENTS- Each State that desires to receive a grant under this
part shall submit a plan to the Secretary containing such budgetary and
other information as the Secretary may require, and which shall--
`(A) include the State's indicators of program quality, developed
under section 1210 or, if the State has not completed work on those
indicators, describe its progress in developing them;
`(B) describe how the State is using, or will use, those indicators to
monitor, evaluate, and improve projects it assists under this part, and to
decide whether to continue assisting those projects;
`(C) describe how the State will help each project under this part
ensure the full implementation of the program elements described in
section 1205, including how it will encourage local projects to use
technology, such as distance learning, to improve program access and the
intensity of services, especially for isolated populations;
`(D) describe how the State will conduct the competition for
subgrants, including the application of the criteria described in section
1208; and
`(E) describe how the State will coordinate resources, especially
among State agencies, to improve family literacy services in the
State.
`(2) DURATION- Each State plan shall--
`(A) be submitted for the first year for which this part is in effect
following the enactment of the Educational Excellence for All Children Act
of 1999;
`(B) remain in effect for the duration of the State's participation
under this part; and
`(C) be periodically reviewed and revised by the State, as
necessary.';
(3) in subsection (b), as redesignated by paragraph (1)--
(A) by striking out `section 1202(d)(1)' and inserting in lieu thereof
`section 1202(d)'; and
(B) in paragraph (2), by striking out `subsection (b)' and inserting
in lieu thereof `subsection (c)'; and
(4) in paragraph (1) of subsection (c), as redesignated by paragraph
(1)--
(A) by striking out `section 1202(d)(1)' and inserting in lieu thereof
`section 1202(d)'; and
(B) by striking out `subsection (a)' and inserting in lieu thereof
`subsection (b)'.
USES OF FUNDS
SEC. 124. Section 1204 of the ESEA is amended--
(1) in subsection (a), by striking out `family-centered education
programs' and inserting in lieu thereof `family literacy services';
and
(2) in subsection (b)(1), by inserting `and in section 1208(c)(2)' after
`paragraph (2)'.
PROGRAM ELEMENTS
SEC. 125. Section 1205 of the ESEA is amended to read as follows:
`PROGRAM ELEMENTS
`SEC. 1205. Each program assisted under this part shall--
`(1) identify and recruit families most in need of services provided
under this part, as indicated by the eligible parent or parents' low income
and low level of adult literacy or English language proficiency, and other
need-related factors;
`(2) screen and prepare parents (including teenage parents) and children
to enable them to participate fully in the activities and services provided
under this part, including testing, referral to necessary counseling, and
other developmental, support, and related services;
`(3) be designed to accommodate participating families' work schedules
and other responsibilities, including scheduling and locating services to
allow joint participation by parents and children, and providing support
services necessary for participation in the activities assisted under this
part if those services are unavailable from other sources, such as--
`(A) child care for the period that the parents are involved in the
programs assisted under this part;
`(B) transportation to enable parents and their children to
participate in those programs; and
`(C) career counseling and job-placement services;
`(4) provide high-quality, intensive family literacy services (as
defined in section 1202(e)(3)), using instructional approaches that the best
available research on reading indicates will be most effective in building
adult literacy and children's language development and reading
ability;
`(5) with respect to the qualifications of staff whose salaries are
supported with funds under this part, ensure that--
`(A)(i) a majority of instruction is provided by teachers who have
obtained at least a bachelor's degree, and who are certified in the field
in which they are teaching, or who are enrolled in a program leading to
such certification within two years;
`(ii) within four years of the effective date of the amendments to
this section made by the Educational Excellence for All Children Act of
1999, all instruction is provided by teachers who have at least a
bachelor's degree; and
`(iii) as of that effective date, all new teachers who are hired to
provide instruction have at least a bachelor's degree, and are certified
in the field in which they are going to teach, or are enrolled in a
program leading to such certification within two years;
`(B) not later than July 1, 2002, paraprofessionals who provide
instructional support services, such as one-on-one tutoring and follow-up
educational activities in home visits and with individuals and small
groups, have completed at least two years of college and are under the
direct supervision of a teacher described in subparagraph (A);
and
`(C) paraprofessionals who provide non-instructional services, such as
family recruitment, acting as a translator, community-liaison work, and
media-center or library support, possess at least a secondary school
diploma or its equivalent;
`(6) provide special training for staff, including child-care staff, to
develop the skills, and obtain certification in, instructional areas needed
to carry out the purpose of this part;
`(7) provide and monitor integrated instructional services to
participating parents and children through center-based and home-based
programs;
`(8) serve those families most in need of the activities and services
provided under this part, including individuals with special needs, such as
individuals with disabilities, individuals with limited English proficiency,
and homeless individuals;
`(9) use methods that ensure that participating families successfully
complete the program, including--
`(A) operating a year-round program, including continuing to provide
some instructional services for participants during the summer
months;
`(B) providing developmentally appropriate educational services for at
least a three-year age range of children;
`(C) encouraging participating families to regularly attend and remain
in the program for a sufficient time to meet their program goals;
and
`(D) promoting the continuity of family literacy services across
critical points in the lives of children and their parents so that those
individuals can retain and improve their educational outcomes;
`(10) be coordinated with--
`(A) programs assisted under other parts of this title and this
Act;
`(B) any relevant programs under the Adult Education and Family
Literacy Act, the Individuals with Disabilities Education Act, and the
Workforce Investment Act of 1998; and
`(C) Head Start programs, Child Care Development Block Grant programs,
volunteer literacy programs, and other relevant programs; and
`(11) provide for an independent evaluation of the program, consistent
with section 1207(c)(1)(E), to be used for program improvement.'.
ELIGIBLE PARTICIPANTS
SEC. 126. Section 1206(a)(1)(B) of the ESEA is amended by inserting a
comma and `or who are attending secondary school' after `this part'.
APPLICATIONS
SEC. 127. (a) PLANS- Section 1207(c) of the ESEA is amended--
(1) by inserting `and continuous improvement' after `plan of
operation';
(A) by amending subparagraph (A) to read as follows:
`(A) a description of the program goals, including outcomes for
children and families that are consistent with the program indicators
established or adopted by the State under section 1210, and of the
strategies the applicant will use to reach those goals;';
(B) in subparagraph (B), by inserting `each of' after
`incorporate';
(C) in subparagraph (D) by inserting `and' at the end thereof;
and
(D) by striking out subparagraphs (E) and (F) and inserting in lieu
thereof the following:
`(E) provisions for rigorous and objective evaluation of progress
toward the goals described in subparagraph (A), and the continuing use of
evaluation data for program improvement.'; and
(3) in paragraph (2), by striking out `paragraph (1)(A)' and inserting
in lieu thereof `paragraph (1)'.
(b) TECHNICAL AMENDMENT- Section 1207 of the ESEA is further amended by
striking out subsection (d).
AWARD OF SUBGRANTS
SEC. 128. (a) SELECTION PROCESS- Section 1208(a) of the ESEA is
amended--
(A) in subparagraph (B), by striking out `limited-English' and
inserting in lieu thereof `limited English';
(B) by striking out subparagraph (C);
(C) by redesignating subparagraphs (D) through (H) as subparagraphs
(C) through (G) respectively;
(D) in subparagraph (E), as redesignated by subparagraph (C), by
striking out `Federal' and inserting in lieu thereof `non-Federal';
and
(E) in subparagraph (G), as redesignated by subparagraph (C), by
striking out `local educational agencies' and inserting in lieu thereof
`family literacy projects'; and
(2) in paragraph (3), by striking out `one or more of the following
individuals:' and inserting in lieu thereof `an individual with expertise in
family literacy programs, and may include other individuals, such as one or
more of the following:'.
(b) EXEMPLARY PROJECTS- Section 1208 of the ESEA is amended by adding at
the end thereof a new subsection (c) to read as follows:
`(c) EXEMPLARY PROJECTS- (1) Notwithstanding subsection (b)(5)(A), each
State may use funds under this part in any fiscal year to continue providing
assistance, for up to two additional years, for not more than two projects
that have been highly successful in achieving the goals described in their
plans under section 1207(c)(1)(A) and that have substantial potential to serve
as models for other projects throughout the
Nation and as mentor sites for other family-literacy programs in the State.
`(2) The Federal share of any subgrant under paragraph (1) shall not
exceed 40 percent for the first year and 30 percent for the second year.'.
EVALUATION
SEC. 129. Section 1209 of the ESEA is amended to read as follows:
`EVALUATION
`SEC. 1209. The Secretary shall provide for an independent evaluation of
programs assisted under this part, to--
`(1) determine their performance and effectiveness; and
`(2) identify effective programs that can be duplicated and used in
providing technical assistance to Federal, State, and local
programs.'.
INDICATORS OF PROGRAM QUALITY
SEC. 130. Section 1210 of the ESEA is amended--
(1) by striking out `Each' and inserting in lieu thereof `By September
30, 2000, each'; and
(2) by adding at the end thereof a new paragraph (3) to read as
follows:
`(3) With respect to a program's implementation of high-quality,
intensive family literacy services, specific levels of intensity of those
services and duration of individuals' participation that are necessary to
result in the outcomes described under paragraphs (1) and (2), which the
State shall periodically review and revise as needed to achieve those
outcomes.'.
REPEAL AND REDESIGNATION
SEC. 130A. (a) REPEAL- Section 1211 of the ESEA is repealed.
(b) REDESIGNATION- Section 1212 of the ESEA is redesignated as section
1211.
Part C--Education of Migratory Children
STATE ALLOCATIONS
SEC. 131. Section 1303 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(1) IN GENERAL- Except as provided in paragraph (2) and subsection (b),
each State is entitled to receive under this part, for each fiscal year, an
amount equal to--
`(i) the number of identified eligible migratory children, aged 3
through 21, residing in the State during the previous year;
and
`(ii) the number of identified eligible migratory children, aged 3
through 21, who received services under this part in summer or
intersession programs provided by the State; multiplied by
`(B) 40 percent of the average per-pupil expenditure in the State, but
not less than 32 percent or more than 48 percent of the average per-pupil
expenditure in the United States.
`(2) MINIMUM AND MAXIMUM ALLOCATIONS- No State's allocation under
paragraph (1) for any fiscal year shall be more than 120 percent, or less
than 80 percent, of its allocation for the previous year, except that no
State's allocation shall be less than $200,000.';
(2) by amending subsection (b) to read as follows:
`(b) ALLOCATIONS TO PUERTO RICO- Subject to subsection (a)(2), the grant
that the Commonwealth of Puerto Rico is eligible to receive under this section
for a fiscal year is the amount determined for Puerto Rico under subsection
(a)(1), multiplied by the following:
`(1) For fiscal year 2001, 77.6 percent.
`(2) For fiscal year 2002, 83.2 percent.
`(3) For fiscal year 2003, 88.8 percent.
`(4) For fiscal year 2004, 94.4 percent.
`(5) For fiscal years starting with fiscal year 2005, 100 percent.';
and
(3) by striking out subsections (d) and (e).
STATE APPLICATIONS
SEC. 132. Section 1304 of the ESEA is amended--
(A) in paragraph (1), by striking out `through' and all that follows
through the end thereof and inserting in lieu thereof `through--
`(A) the full range of services that are available for migratory
children from appropriate local, State, and Federal educational
programs;
`(B) joint planning among such local, State, and Federal programs, and
bilingual education programs under part A of title VII;
`(C) the integration of services available under this part with
services provided by those other programs; and
`(D) measurable program goals and outcomes;
(B) in paragraph (5), by striking out `the requirements of paragraph
(1)' and inserting in lieu thereof `the numbers and needs of migratory
children, the requirements of subsection (d), and the availability of
funds from other Federal, State, and local programs';
(C) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7);
and
(D) by inserting after paragraph (4) a new paragraph (5) to read as
follows:
`(5) a description of how the State will encourage the participation of
migratory children in State assessments required under section 1111(b)(2);';
and
(A) in paragraph (1)(A), by striking out `section 1306(b)(1)' and
inserting in lieu thereof `section 1306(a)';
(B) in paragraph (2), by striking out `part F' and inserting in lieu
thereof `part G';
(i) by striking out `appropriate'; and
(ii) by striking out `carried out, to the extent feasible,' and
inserting in lieu thereof `carried out'; and
(D) in paragraph (7), by striking out `section 1303(e)' and inserting
in lieu thereof `section 1303(a)(1)(A)'.
AUTHORIZED ACTIVITIES
SEC. 133. Section 1306 of the ESEA is amended to read as follows:
`AUTHORIZED ACTIVITIES
`SEC. 1306. (a) IN GENERAL- (1)(A) Each State educational agency, through
its operating agencies, shall have the flexibility to determine the activities
to be provided with funds made available under this part; except that (B) such
funds shall first be used to meet the identified needs of migratory children
that result from their migratory lifestyle, and permit these children to
participate effectively in school.
`(2) Funds provided under this part shall be used to address the needs of
migratory children that are not addressed by services available from other
Federal or non-Federal programs, except that migratory children who are
eligible to receive services under part A of this title may receive those
services through funds provided under that part, or with funds under this part
that remain after the agency addresses the needs described in paragraph
(1)(B).
`(b) CONSTRUCTION- Nothing in this part shall be construed to prohibit a
local operating agency from serving migratory children simultaneously with
students with similar educational needs in the same educational settings,
where appropriate.
`(c) SPECIAL RULE- Notwithstanding section 1114, a school that receives
funds under this part shall continue to address the identified needs described
in subsection (a)(1).'.
COORDINATION OF MIGRANT EDUCATION ACTIVITIES
SEC. 134. Section 1308 of the ESEA is amended--
(A) in paragraph (1), by striking out `nonprofit'; and
(B) in paragraph (2) by striking out `subpart' and inserting in lieu
thereof `subsection';
(2) by amending subsection (b) to read as follows:
`(b) ASSISTANCE- The Secretary shall assist States in developing effective
methods for the transfer of student records and in determining the number of
migratory children in each State.';
(3) in subsection (c), by striking out `$6,000,000' and inserting in
lieu thereof `$10,000,000'; and
(4) by amending subsection (d) to read as follows:
`(d) INCENTIVE GRANTS- From the amounts made available to carry out this
section for any fiscal year, the Secretary may reserve not more than
$3,000,000 to award grants of not more than $250,000 to State educational
agencies that propose consortium arrangements with another State or other
appropriate entity that the Secretary determines, pursuant to criteria the
Secretary shall establish, would improve the delivery of services to migratory
children whose education is interrupted.'.
DEFINITIONS
SEC. 135. Section 1309(2) of the ESEA is amended by striking out `parent,
spouse, or guardian' each place it appears and inserting in lieu thereof
`parent or spouse'.
Part D--Neglected and Delinquent Children
PROGRAM NAME
SEC. 141. The heading of part D of title I of the ESEA is amended to read
as follows:
`Part D--State Agency Programs for Children and Youth Who Are Neglected or
Delinquent'.
FINDINGS; PURPOSE; PROGRAM AUTHORIZED
SEC. 142. (a) FINDING- Section 1401(a) of the ESEA is amended to read as
follows:
`(a) FINDINGS- Congress finds the following:
`(1) A large percentage of youth in the juvenile-justice system have
poor academic achievement, are a year or more behind grade level, and have
dropped out of school.
`(2) Many schools and correctional facilities fail to communicate
regarding a youth's academic needs, and students often return to their home
school ill-prepared to meet current curriculum requirements.
`(3) Schools are often reluctant to deal with youth returning from
facilities and often receive no funds to deal with the unique educational
and other needs of those youth.
`(4) There is a need for federal assistance to support State efforts to
educate students in State institutions for neglected and delinquent children
and youth to challenging academic standards.'.
(b) PURPOSE- Section 1401(b) of the ESEA is amended--
(1) in paragraph (1), by striking out `local and'; and
(2) by amending paragraph (3) to read as follows:
`(3) to provide youth returning from institutions with a support system
to ensure their continued education.'.
(c) PROGRAM AUTHORIZED- Section 1401(c) of the ESEA is amended--
(1) by striking out `and local educational agencies'; and
(2) by striking out `at risk' and all that follows through
`graduation'.
PAYMENTS FOR PROGRAMS UNDER PART D
SEC. 143. Section 1402 of the ESEA is amended--
(1) by striking out `(a) AGENCY SUB- GRANTS- '; and
(2) by striking out subsections (b) and (c).
ALLOCATION OF FUNDS
SEC. 144. Section 1412 of the ESEA is amended--
(1) in subsection (a)(1)--
(A) by striking out `Each State agency described in section 1411
(other than an agency in the Commonwealth of Puerto Rico)' and inserting
in lieu thereof `Except as provided in subsection (b), each State agency
described in section 1411'; and
(B) by inserting `in' before `an amount equal'; and
(2) by amending subsection (b) to read as follows:
`(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO- The amount of the
subgrant for which a State agency in the Commonwealth of Puerto Rico is
eligible under this part for a fiscal year is the amount determined for that
agency under subsection (a), multiplied by the following:
`(1) For fiscal year 2001, 77.6 percent.
`(2) For fiscal year 2002, 83.2 percent.
`(3) For fiscal year 2003, 88.8 percent.
`(4) For fiscal year 2004, 94.4 percent.
`(5) For fiscal years starting with fiscal year 2005, 100
percent.'.
STATE PLAN AND STATE AGENCY APPLICATIONS
SEC. 145. (a) STATE PLAN- Section 1414(a) of the ESEA is amended--
(1) in paragraph (1), by striking out `14306' and inserting in lieu
thereof `11506'; and
(A) in subparagraph (B), by striking out `as such children would have
if such children' and inserting in lieu thereof a comma and `and will be
held to the same challenging standards, as they would if they';
and
(B) in subparagraph (C)(ii), by striking out `1416' and inserting in
lieu thereof `1431'.
(b) STATE AGENCY APPLICATIONS- Section 1414(c)(6) of the ESEA of the ESEA
is amended by striking out `14701' and inserting in lieu thereof `1431'.
USE OF FUNDS
SEC. 146. Section 1415(a)(2)(D) of the ESEA is amended by striking out
`14701' and inserting in lieu thereof `1431'.
LOCAL AGENCY PROGRAMS
SEC. 147. Part D of title I of the ESEA is further amended by--
(1) repealing subpart 2; and
(2) redesignating subpart 3 as subpart 2.
PROGRAM EVALUATIONS
SEC. 148. Section 1431 of the ESEA is amended--
(A) by striking out `or local educational agency'; and
(B) by striking out `subpart 1 or 2' and inserting in lieu thereof
`subpart 1';
(2) by amending subsection (b) to read as follows:
`(b) EVALUATION MEASURES- In conducting each evaluation under subsection
(a), a State agency shall use multiple measures of student progress that,
while consistent with section 1414(a)(2)(B), are appropriate for the students
and are feasible for the agency to achieve (considering such factors as the
duration of students' participation in the program).'; and
(3) in subsection (c), by striking out `and local educational
agency'.
DEFINITIONS
SEC. 149. Section 1432 of the ESEA is amended by striking out paragraph
(2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and
(4), respectively.
Part E--Federal Evaluations, Demonstrations, and Transition Projects
EVALUATIONS, MANAGEMENT INFORMATION, AND OTHER NATIONAL ACTIVITIES
SEC. 151. Section 1501 of the ESEA is amended to read as follows:
`EVALUATIONS, MANAGEMENT INFORMATION, AND OTHER NATIONAL ACTIVITIES
`SEC. 1501. (a) PURPOSE- The purpose of this section is to authorize--
`(1) evaluations of the activities assisted under this title to
determine their effectiveness, consistent with the Government Performance
and Results Act of 1993;
`(2) activities undertaken in partnership with the States to develop
information needed to inform program management and support continuous
improvement at the State, school district, and school levels;
`(3) applied research, technical assistance, dissemination, and
recognition activities relating to this title; and
`(4) obtaining biennial updates of census data used under this
title.
`(b) National Assessment of Title I-
(1) IN GENERAL- The Secretary shall conduct a national assessment of
programs assisted under this title, in coordination with the national
longitudinal study of schools under subsection (d), which shall be planned,
reviewed, and conducted with an independent panel authorized under section
11911.
`(2) SCOPE OF ASSESSMENT- The national assessment shall examine--
`(A) the implementation and impact of the programs carried out under
this title on student academic performance, particularly in schools with
high concentrations of children living in poverty;
`(B) the implementation and impact of State standards, assessments,
and accountability systems developed under this title on educational
programs and instruction at the local level;
`(C) the effect of schoolwide programs under section 1114 and
targeted-assistance programs under section 1115 on increasing the number
of students who have access to an enriched, challenging curriculum
consistent with high standards;
`(D) the implementation and impact of the professional development
activities supported under this title on instruction and student
performance;
`(E) the extent to which local educational agencies and schools, in
carrying out activities under this title, provide parents with meaningful
opportunities to participate in the education of their children at home
and at school, and the impact of those opportunities;
`(F) the extent to which the resources provided under this title are
effectively targeted to schools that need them most;
`(G) the effectiveness of Federal administration, including monitoring
and technical assistance, on programs under this title; and
`(H) such other issues as the Secretary may determine.
`(3) SOURCES OF INFORMATION- The Secretary shall use information from a
variety of sources, including the National Assessment of Educational
Progress, State evaluations, and available research studies, in carrying out
the national assessment.
`(4) INTERIM AND FINAL REPORTS- The Secretary shall submit to the
President and the appropriate committees of the Congress an interim report
on the national assessment within three years of the enactment of the
Educational Excellence for All Children Act of 1999 and a final report
within four years of that enactment.
`(c) STUDIES AND DATA COLLECTION-
(1) IN GENERAL- In addition to other activities described in this
section, the Secretary may, directly or through grants to, and contracts
with, appropriate entities--
`(A) conduct studies and evaluations of the need for, and
effectiveness of, programs under this title;
`(B) collect data that are needed to comply with the Government
Performance and Results Act of 1993; and
`(C) provide guidance and technical assistance to State educational
agencies and local educational agencies in developing and maintaining
management-information systems through which they can develop
program-performance indicators, collect data to measure performance
against those indicators, and use the data to improve services and
performance.
`(2) MINIMUM INFORMATION- At a minimum, the Secretary shall collect
trend information on the effect of programs under this title, which shall
complement the data collected and reported under subsections (b) and
(d).
`(d) NATIONAL LONGITUDINAL STUDY OF SCHOOLS- (1) The Secretary shall carry
out an ongoing longitudinal study of schools in order to provide the public,
the Congress, and educators involved in the program carried out under this
title--
`(A) an accurate description of its short-term and long-term
effectiveness;
`(B) information that can be used to improve its effectiveness in
enabling students to meet challenging State student performance standards;
and
`(C) information on such other topics as the Secretary may find
appropriate, such as the program's effectiveness in enabling students to
graduate from secondary school and make successful transitions to
postsecondary education and work.
`(2) The longitudinal study shall--
`(A) include a nationally representative sample of schools participating
in programs under this title that serve large concentrations of children
with limited English proficiency; and
`(B) evaluate the extent to which those children are--
`(i) participating in services and school-improvement efforts
supported by this title; and
`(ii) included and accommodated in State assessments under this
title.'.
DEMONSTRATIONS OF INNOVATIVE PRACTICES
SEC. 152. Section 1502 of the ESEA is amended--
(1) in subsection (a)(1), by striking out `section 1002(g)(2)' and
inserting in lieu thereof `section 1002(f)'; and
(2) in subsection (b), by striking out `section 1002(g)(2)' and
inserting in lieu thereof `section 1002(f)'.
Part F--General Provisions
GENERAL PROVISIONS
SEC. 161. Part F of title I of the ESEA is amended--
(1) by striking out sections 1601 and 1602; and
(2) by redesignating sections 1603 and 1604 as sections 1601 and 1602,
respectively.
Part G--Reading Excellence
READING AND LITERACY GRANTS TO STATE EDUCATIONAL AGENCIES
SEC. 171. Section 2253 of the ESEA is amended--
(1) by amending subsection (a)(2)(A) to read as follows:
`(A) NUMBER OF GRANTS- After receiving a grant under this subpart, a
State educational agency may apply for a subsequent grant, but the period
of any subsequent grant may not begin before the end of the period of the
prior grant.';
(i) in the first sentence, by striking out `and in such form' and
inserting in lieu thereof a comma and `in such form, and containing such
information'; and
(ii) in the second sentence, by inserting `also' after `shall';
and
(B) in paragraph (2)(B), by adding at the end thereof a new clause
(ix) to read as follows:
`(ix) The process and criteria that the State educational agency
will use to review and approve applications for local reading
improvement subgrants under section 1505 and for tutorial assistance
subgrants under section 1506, including a peer-review process that
includes individuals described in section 1503(c)(2)(B) and, in the case
of tutorial assistance subgrants under section 1506, includes experts on
tutorial assistance.';
(3) in subsection (c)(2), by amending subparagraph (C) to read as
follows:
`(C) PRIORITY- (i) The panel shall recommend grant applications from
State educational agencies under this section to the Secretary for funding
or disapproval.
`(ii) In making its recommendations, the panel shall give priority to
applications from State educational agencies in States that have modified
or are modifying, or that provide persuasive evidence that not later than
18 months after receiving a grant under this section the State will
modify, its requirements for certification of elementary school teachers
to require prospective teachers to be effectively trained in methods of
reading instruction that reflect scientifically based reading
research.
`(iii) Nothing in this part shall be read to establish a national
system of teacher certification.'; and
(4) in subsection (d)(3), by striking out `the date of the enactment of
the Reading Excellence Act' and inserting in lieu thereof `October 21,
1998'.
USE OF FUNDS BY STATE EDUCATIONAL AGENCIES
SEC. 172. Section 2254 of the ESEA is amended to read as follows:
`USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES
`SEC. 2254. A State educational agency that receives a grant under section
1503--
`(1) may use not more than five percent of the grant funds for the
administrative costs of carrying out this part, including the use of not
more than two percent of the grant funds to carry out section 1509;
and
`(2) shall award not more than 15 percent of the grant funds through at
least one subgrant under section 1506.'.
LOCAL READING IMPROVEMENT SUBGRANTS
SEC. 173. (a) IN GENERAL- Section 2255(a) of the ESEA is amended--
(A) by inserting `serve children in grades one through three and that'
after `agencies that';
(B) in subparagraph (B), by inserting `serving children in grades one
through three' after `State'; and
(C) in subparagraph (C), by inserting `serving children in grades one
through three' after `State';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by redesignating the second sentence of paragraph (1) as paragraph
(2); and
(4) in paragraph (2), as so redesignated--
(A) by inserting the paragraph heading `DEFINITION- ' after the
paragraph designation `(2)'; and
(B) by striking out `subparagraph (C)' and inserting in lieu thereof
`paragraph (1)(C)'.
(b) USE OF FUNDS- Section 2255(d) of the ESEA is amended--
(1) by redesignating paragraph (2) as paragraph (3) and redesignating
the second sentence of paragraph (1) as paragraph (2);
(A) by striking out `paragraph (2)' and inserting in lieu thereof
`paragraph (3)';
(B) by inserting `serves children in third grade or below and' after
`any school that'; and
(C) by striking out `the second sentence of subsection (a)(1)' and
inserting in lieu thereof `subsection (a)(2)'; and
(3) in paragraph (2), as redesignated by paragraph (1), by striking out
`Such activities shall' and inserting in lieu thereof `AUTHORIZED
ACTIVITIES- The activities referred to in paragraph (1)'.
TUTORIAL ASSISTANCE SUBGRANTS
SEC. 174. (a) IN GENERAL- Section 2256(a) of the ESEA is amended--
(A) by inserting `local educational agencies that serve children in
grades one through three and that' after `basis to';
(B) by striking out subparagraph (A) and redesignating subparagraphs
(B) through (D) as subparagraphs (A) through (C), respectively;
(C) in subparagraph (A), as so redesignated, by striking out `local
educational agencies that';
(D) in subparagraph (B), as redesignated by subparagraph
(B)--
(i) by striking out `local educational agencies with' and inserting
in lieu thereof `have'; and
(ii) by inserting `that serve children in grades one through three'
after `State'; and
(E) in subparagraph (C), as redesignated by subparagraph
(B)--
(i) by striking out `local educational agencies with' and inserting
in lieu thereof `have'; and
(ii) by inserting `that serve children in grades one through three'
after `State';
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (3),
(4), and (5), respectively;
(3) by redesignating the second sentence of paragraph (1) as paragraph
(2);
(4) in paragraph (2), as so redesignated--
(A) by inserting the paragraph heading `DEFINITION- ' after the
paragraph designation `(2)'; and
(B) by striking out `subparagraph (D)' and inserting in lieu thereof
`paragraph (1)(C)';
(5) in subparagraph (B) of paragraph (3), as redesignated by paragraph
(2), by striking out `shall, as a condition' and all that follows through
`provide' and inserting in lieu thereof `shall provide';
(6) in the second sentence of paragraph (4), as redesignated by
paragraph (2), by striking out `that (A)' and all that follows through the
end thereof and inserting in lieu thereof `that--
`(A) is described in paragraph (1)(A);
`(B) has the largest, or second largest, number of children who are
counted under section 1124(c), in comparison to all other schools in the
local educational agency; or
`(C) has the highest, or second highest, school-age child-poverty rate
(as defined in paragraph (2)), in comparison to all other schools in the
local educational agency.'; and
(7) in paragraph (5), as redesignated by paragraph (2)--
(A) by striking out `paragraph (2)' and inserting in lieu thereof
`paragraph (3)'; and
(B) by striking out `paragraph (3)' and inserting in lieu thereof
`paragraph (4)'.
(b) USE OF FUNDS- Section 2256(b)(2) of the ESEA is amended by inserting
`who are in, or have just completed, a pre-kindergarten program, kindergarten,
or grades 1, 2, or 3 and' after `to children'.
NATIONAL EVALUATION
SEC. 175. Section 2257 of the ESEA is amended by striking out `From funds
reserved under section 2260(b)(1), the' and inserting in lieu thereof
`The'.
INFORMATION DISSEMINATION
SEC. 176. Section 2258 of the ESEA is amended--
(A) by striking out `section 2260(b)(2)' and inserting in lieu thereof
`section 1002(e)'; and
(B) by adding the following sentence at the end thereof: `The
Institute may use not more than 5 percent of the amount reserved under
section 1002(e) for the costs of administering this section.';
and
(2) by adding at the end thereof a new subsection (c) to read as
follows:
`(c) SECRETARY'S AUTHORITY- From amounts appropriated for any fiscal year
under section 1002(e), the Secretary may reserve
not more than one percent to provide, directly or through grants or
contracts, technical assistance, program improvement, and replication
activities.'.
AUTHORIZATION OF APPROPRIATIONS
SEC. 177. Section 2260 of the ESEA is repealed.
TRANSFER AND REDESIGNATIONS
SEC. 178. (a) REDESIGNATION OF TITLE I PARTS E AND F- Title I of the ESEA
is further amended--
(1) by redesignating parts E and F as parts F and G, respectively;
(2) by redesignating sections 1601 and 1602, as redesignated by section
161(2) of this Act, as sections 1701 and 1702, respectively; and
(3) by redesignating sections 1501, 1502, and 1503 as sections 1601,
1602, and 1603, respectively.
(b) TRANSFER OF READING EXCELLENCE ACT TO TITLE I- (1) Part C of title II
of the ESEA, as amended by this part, is redesignated as, and transferred to,
part E of title I of the ESEA.
(2) Sections 2251 through 2259 of the ESEA are redesignated as sections
1501 through 1509, respectively.
(3) Section 1503 of the ESEA, as redesignated by paragraph (2), is
amended--
(A) in subsection (a)(1), by striking out `sections 2254 through 2256'
and inserting in lieu thereof `sections 1504 through 1506';
(B) in subsection (b)(2)--
(i) by striking out `sections 2255 and 2256' each place it appears and
inserting in lieu thereof `sections 1505 and 1506'; and
(ii) in subparagraph (E)(iii), by striking out `sections 2255(a)(1)
and 2256(a)(1)' and inserting in lieu thereof `sections 1505(a)(1) and
1506(a)(1)'; and
(C) in subsection (d)(1)(D), by striking out `section 2255' and
inserting in lieu thereof `section 1505'.
(4) Section 1505 of the ESEA, as redesignated by paragraph (2), is
amended--
(A) in subsection (a)(1), by striking out `section 2253' and inserting
in lieu thereof `section 1503'; and
(B) in subsection (e), by striking out `title I of this Act' and
inserting in lieu thereof `other parts of this title'.
(5) Subsection (a) of section 1506 of the ESEA, as redesignated by
paragraph (2), is amended--
(A) in paragraph (1), by striking out `section 2253' and inserting in
lieu thereof `section 1503'; and
(B) in paragraph (5), as redesignated by section 174(2)--
(i) by striking out `2254(2)' and inserting in lieu thereof `section
1504(2)'; and
(ii) by striking out `section 2255' and inserting in lieu thereof
`section 1505'.
(6) Section 1507 of the ESEA, as redesignated by paragraph (2), is amended
by striking out `section 2253(c)(2)' and inserting in lieu thereof `section
1503(c)(2)'.
(7) Section 1508 of the ESEA, as redesignated by paragraph (2), is
amended--
(A) in subsection (a), by striking out `section 2255 or 2256' and
inserting in lieu thereof `section 1505 or 1506'; and
(B) in subsection (b)(3), by striking out `section 2253' each place it
appears and inserting in lieu thereof `section 1503'.
(8) Section 1509 of the ESEA, as redesignated by paragraph (2), is
amended--
(i) in paragraph (1), by striking out `section 2253' and inserting in
lieu thereof `section 1503'; and
(ii) in paragraph (3), by striking out `section 2257' and inserting in
lieu thereof `section 1507'; and
(i) by striking out `section 2253' and inserting in lieu thereof
`section 1503';
(ii) in paragraph (1), by striking out `section 2255' and inserting in
lieu thereof `section 1505'; and
(iii) in paragraph (2), by striking out `section 2253(b)(2)(E)(iv)'
and inserting in lieu thereof `section 1503(b)(2)(E)(iv)'.
TITLE II--HIGH STANDARDS IN THE CLASSROOM
HIGH STANDARDS IN THE CLASSROOM
SEC. 201. Title II of the ESEA is amended to read as follows:
`TITLE II--HIGH STANDARDS IN THE CLASSROOM
`Part A--Teaching to High Standards
`Subpart 1--Findings, Purpose, and Authorization of Appropriations
`FINDINGS
`SEC. 2111. The Congress finds as follows:
`(1) All students can learn and achieve to high standards.
`(2) States that have shown the most recent success in improving student
achievement are those that have developed challenging content and student
performance standards, aligned curricula and assessments with those
standards, prepare educators to teach to those standards, and hold schools
accountable for the achievement of all students against those
standards.
`(3) A crucial component of an effective strategy for achieving high
standards is ensuring, through professional development, that all teachers
provide their students with challenging learning experiences in the core
academic subjects.
`(4) Increased teachers' knowledge of academic content and effective
teaching skills are associated with increases in student achievement. While
other factors also influence learning, teacher quality makes a critical
difference in how well students learn, across all categories of students.
For example, recent research has found that teachers' expertise has a
greater impact on students' achievement in reading than any other in-school
factor.
`(5) Recent research has found that teachers who participate in
sustained curriculum-centered professional development are much more likely
to report that their teaching is aligned with high standards than are
teachers who have not received such training.
`(6) Students who attend schools with large numbers of poor children are
less likely to be taught by teachers who have met all State requirements for
certification or licensure or who have a solid academic background in the
subject matter they are teaching.
`(7) Despite the fact that every year the Nation's colleges and
universities produce many more teachers than are hired and that over 2
million individuals who possess education degrees are currently engaged in
activities other than teaching, many school districts experience difficulty
recruiting and hiring enough fully qualified teachers. Among the reasons
researchers have found for districts hiring less than fully qualified
teachers are--
`(A) cumbersome and poorly coordinated State licensing procedures and
local hiring practices;
`(B) bureaucratic personnel practices that result in hiring decisions
being delayed until as late as the start of the school year;
`(C) local salaries and working conditions that discourage many
individuals from entering teaching and cause experienced teachers to leave
the profession;
`(D) the lack of portability of teacher credentials, pensions, and
credited years of experience across State and school district
lines;
`(E) a lack of support for new teachers, such as high-quality
mentoring programs, that can help reduce the attrition rate and the number
of new teachers that school districts must hire every year; and
`(F) compensation systems that do not reward teachers for improving
their knowledge and skills.
`(8) As a result of increasing enrollments, natural teacher turnover,
and the retirement of many veteran teachers, the Nation faces the challenge
of hiring approximately two million new teachers in the coming decade.
`(9) As retirement and other causes of attrition diminish the pool of
experienced school administrators, many school districts report a growing
shortage of qualified candidates for the job of principal at the elementary,
middle, and high school levels.
`(10) Programs that facilitate mid-career transitions from other fields
can be an effective means of bringing talented individuals into the
classroom and addressing teacher shortages.
`(11) Programs that recruit, train, and retain highly qualified recent
college graduates as teachers in high-poverty local educational agencies can
also help to bring talented individuals into the classroom and address
teacher shortages.
`(12) Research has found that high-quality professional development
is--
`(A) linked to high standards: professional development activities
should improve the ability of teachers to help all students, including
children with disabilities,
children with limited English proficiency, and economically disadvantaged
children, reach high State academic standards;
`(B) focused on content: professional development activities should
advance teacher understanding of one or more of the core academic subject
areas and effective instructional strategies for improving student
achievement in those areas;
`(C) collaborative: professional development activities should involve
collaborative groups of teachers and administrators from the same school
or district;
`(D) sustained: professional development activities should be of
sufficient duration to have a positive and lasting impact on classroom
instruction and, to the greatest extent possible, should include follow-up
and school-based support such as coaching or study groups;
`(E) embedded in a plan: professional development activities should be
embedded in school and district-wide plans designed to raise student
achievement to State academic standards; and
`(F) informed by research: professional development activities should
be based on the best available research on teaching and learning.
`(13) Programs funded under this part can assist the Nation to achieve
America's Education Goals #3, #4, and #5, as set out in section 3 of this
Act.
`PURPOSE
`SEC. 2112. The purpose of this part is to support improvement in
classroom instruction so that all students are prepared to achieve to
challenging State content and student performance standards in the core
academic subjects, by providing assistance to State and local educational
agencies and to institutions of higher education to--
`(1) support States and school districts in continuing the task of
developing challenging content and student performance standards and aligned
assessments, revising curricula and teacher certification requirements, and
using challenging content and student performance standards to improve
teaching and learning;
`(2) ensure that teachers and administrators have access to professional
development that is aligned with challenging State content and student
performance standards in the core academic subjects;
`(3) provide assistance to new teachers during their first three years
in the classroom; and
`(4) support the development and acquisition of curricular materials and
other instructional aids, if they are not normally provided by the local
educational agency or the State as part of the regular instructional
program, that will advance local standards-based school reform
efforts.
`AUTHORIZATIONS OF APPROPRIATIONS
`SEC. 2113. (a) SUBPART 2- For the purpose of carrying out subpart 2,
there are authorized to be appropriated such sums as may be necessary for
fiscal year 2001 and each of the four succeeding fiscal years.
`(b) SUBPART 3- For the purpose of carrying out subpart 3, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.
`Subpart 2--State and Local Activities
`ALLOCATIONS TO STATES
`SEC. 2121. (a) RESERVATION OF FUNDS- From the amount available to carry
out this subpart for any fiscal year, the Secretary shall reserve a total of
one percent to provide assistance to--
`(1) the outlying areas, which the Secretary shall distribute among them
on the basis of their relative need, which they shall use to provide
professional development; and
`(2) the Secretary of the Interior for professional development
activities for teachers, other staff, and administrators in schools operated
or funded by the Bureau of Indian Affairs.
`(b) STATE ALLOCATIONS- After reserving funds under subsection (a), the
Secretary shall allocate the remaining funds among the States as follows:
`(1) Fifty percent shall be allocated on the basis of the relative
amounts the States received under subpart 2 of part A of title I for the
previous fiscal year.
`(2) Fifty percent shall be allocated on the basis of the relative
populations of individuals aged 5 through 17, as determined by the Secretary
on the basis of the most recent data that are satisfactory to the
Secretary.
`(c) MINIMUM STATE ALLOCATION- Notwithstanding subsection (b), the
Secretary shall allocate to each State no less than one-half of 1 percent of
the total amount available under that subsection.
`(d) DEFINITION- For the purpose of this section, the term `State' means
each of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.
`PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE
`SEC. 2122. (a) PRIORITY- (1) In any fiscal year for which the
appropriation for this subpart is $300 million or less, each State educational
agency, working jointly with the State agency for higher education, shall
ensure that all funds received under this subpart are used for professional
development in mathematics and science that is aligned with State content and
student performance standards.
`(2) In any fiscal year for which the appropriation for this subpart is
greater than $300 million, the State educational agency and the State agency
for higher education shall jointly ensure that the total amount of funds under
this subpart that they use for professional development in mathematics and
science is at least as much as the allocation the State would have received if
that appropriation had been $300 million.
`(b) INTERDISCIPLINARY ACTIVITIES- A State may apply funds under this
subpart that it uses for activities that focus on more than one core academic
subject toward meeting the requirements of subsection (a) if those activities
include a strong focus on improving instruction in mathematics or science.
`(c) ADDITIONAL FUNDS- Each State educational agency and State agency for
higher education shall jointly ensure that any funds in excess of the amount
required by subsection (a) to be spent on professional development in
mathematics or science are used to provide professional development activities
in one or more of the core academic subjects.
`STATE APPLICATION
`SEC. 2123. (a) APPLICATIONS REQUIRED- (1) Each State desiring to receive
its allocation under this subpart shall submit an application to the Secretary
at such time, in such form, and containing such information as the Secretary
may reasonably require.
`(2) The State educational agency shall develop the State application--
`(A) in consultation with the State agency for higher education,
community-based and other nonprofit organizations of demonstrated
effectiveness in professional development, and institutions of higher
education; and
`(B) with the extensive participation of teachers, teacher educators,
school administrators, and content specialists.
`(b) CONTENTS- Each such application shall include--
`(1) a description of how the State educational agency will use all
funds received under this subpart, including funds reserved for State-level
activities under section 2126, to implement State plans or policies that
support comprehensive standards-based education reform through the following
strategies:
`(A) Supporting the alignment of curricula, assessments, and
professional development with challenging State and local content and
student performance standards.
`(B) Providing professional development, aligned with State content
and student performance standards in core academic subjects.
`(C) Ensuring that teachers employed by local educational agencies are
proficient in content knowledge and teaching skills;
`(2) a description of how the State educational agency will coordinate
activities funded under this subpart with professional development
activities that are supported with funds from other relevant Federal and
non-Federal programs;
`(3) a description of how the State educational agency will ensure that
all recipients of funds under this subpart report on the program performance
indicators identified by the Secretary under section 2136;
`(4) a list of any additional indicators of program performance, beyond
those required under this subpart, on which the State educational agency and
State agency for higher education will require recipients to report, and a
description of how those State agencies will use the information collected
to improve program performance; and
`(5) a description of the process the State educational agency will use
to make competitive awards to local educational agencies under section 2128,
including a description of--
`(A) the State's criteria for classifying local educational agencies
as among those having the greatest need for services provided under this
subpart and its justification for those criteria;
`(B) the State's strategies for ensuring that local educational
agencies that have historically had little success in competing for funds
are provided a reasonable opportunity to compete for subgrants;
`(C) the State's criteria for determining the amounts that it will
award to recipients and the criteria for providing noncompetitive renewals
of subgrants; and
`(D) the technical assistance that the State educational agency will
provide, under section 2128(e)(2), to local educational agencies that it
identifies as having the greatest need for services and that fail to
receive an award under this subpart.
`(c) APPROVAL- The Secretary shall, using a peer-review process, approve a
State application if it meets the requirements of this section and holds
reasonable promise of achieving the purpose described in section 2112.
`ANNUAL STATE REPORTS
`SEC. 2124. Each State that receives funds under this subpart shall
annually report to the Secretary, by such deadline as the Secretary may
establish, with the first such report due by October 1, 2001--
`(1) on its activities under this subpart;
`(2) on the progress of recipients of subgrants under this subpart
against such program performance indicators as the Secretary may identify
under section 2136 and against any additional indicators included in the
State's application; and
`(3) such other information as the Secretary may reasonably
require.
`WITHIN-STATE ALLOCATIONS
`SEC. 2125. (a) STATE ADMINISTRATION AND STATE-LEVEL ACTIVITIES- (1) Each
State educational agency may reserve not more than a total of 10 percent of
the amount it receives under this subpart for any fiscal year for--
`(A) its costs of administering this subpart;
`(B) the State-level activities described in section 2126; and
`(C) evaluations of the effectiveness of activities under this part,
including effectiveness as measured against such indicators of program
performance as the Secretary may identify under section 2136.
`(2) A State educational agency may use not more than one third of the
amount reserved under paragraph (1) for administration of this subpart,
including any costs of conducting subgrant competitions under section 2128.
`(b) RESERVATION FOR STATE AGENCY FOR HIGHER EDUCATION- For the purpose of
carrying out section 2127 for any fiscal year, each State educational agency
shall make available to the State agency for higher education an amount equal
to what the State's allocation would be if the amount appropriated for this
subpart were $60 million.
`(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES- Each State educational
agency shall use the remaining funds to make subgrants to local educational
agencies as follows:
`(1) Fifty percent shall be allocated to local educational agencies in
proportion to the relative numbers of children, aged 5 through 17, from
families below the poverty level who reside in the jurisdictions served by
those agencies.
`(2) Fifty percent shall be used to provide additional funds to local
educational agencies on a competitive basis under section 2128.
`STATE-LEVEL ACTIVITIES
`SEC. 2126. Each State shall use funds it reserves under section
2125(a)(1)(B) to carry out activities described in its approved application
that promote high-quality classroom instruction, such as--
`(1) supporting the continued improvement of State content and student
performance standards and assessments aligned with those standards;
`(2) providing technical assistance and other services to increase the
capacity of local educational agencies and schools to develop and implement
systemic local improvement plans, implement State and local assessments, and
develop curricula consistent with State and local content and performance
standards;
`(3) supporting the development and improvement of performance-based
accountability and incentive systems for schools;
`(4) supporting the development and implementation, at the local
educational agency and school-building level, of improved systems for
recruiting, selecting, hiring, mentoring, supporting, evaluating, and
rewarding teachers and principals;
`(5) redesigning and strengthening professional licensure systems for
educators;
`(6) developing and implementing professional development opportunities
for teachers, principals, and other educators based on State content and
student performance standards;
`(7) developing performance-based assessment systems for full teacher
licensure;
`(8) establishing, expanding, or improving rigorous alternative routes
to State certification or licensure;
`(9) developing or strengthening assessments to test the content
knowledge and teaching skills of new teachers;
`(10) creating a statewide network to provide potential teachers with
access to information on job openings and required qualifications, and with
access to on-line applications;
`(11) supporting the work of a broad-based Statewide panel that promotes
comprehensive education reform; and
`(12) meeting the requirements of part B of title XI of this Act, except
for the development of policies on school discipline.
`SUBGRANTS TO PARTNERSHIPS OF INSTITUTIONS OF HIGHER EDUCATION AND LOCAL
EDUCATIONAL AGENCIES
`SEC. 2127. (a) ADMINISTRATION- From the funds made available to it under
section 2125(b) for any fiscal year, the State agency for higher education may
use not more than three and one-third percent for its expenses in
administering this subpart, including conducting evaluations against such
indicators of program performance as the Secretary may identify under section
2136.
`(b) SUBGRANTS TO PARTNERSHIPS- (1) The State agency for higher education
shall use the remainder of those funds, in cooperation with the State
educational agency, to make subgrants to, or enter into contracts or
cooperative agreements with, institutions of higher education or nonprofit
organizations of demonstrated effectiveness in providing professional
development in the core academic subjects.
`(2) Each subgrant under this section shall be--
`(A) of sufficient size and duration to carry out the purpose of this
subpart effectively;
`(B) awarded, using a peer-review process, on a competitive basis;
and
`(C) for a period of three years, which the State agency for higher
education shall extend for an additional two years if it determines that
substantial progress is being made toward meeting the specific goals set out
in the written agreements required by subsection (c) and against such
indicators of program performance as the Secretary may identify under
section 2136.
`(3) In making subgrants, the State agency for higher education shall give
a priority to projects that focus on induction programs for new teachers.
`(4) In making subgrants, the State agency for higher education shall
consider--
`(A) the need for the proposed professional development activities in
the local educational agency or agencies with which the institution or
organization has an agreement under subsection (c), as demonstrated by
measurable
indicators, such as those described in section 2128(c) and those identified
by the Secretary under section 2136;
`(B) the quality of the proposed program and its likelihood of success
in improving classroom instruction and student academic achievement;
and
`(C) such other criteria as it finds appropriate.
`(c) LOCAL EDUCATIONAL AGENCIES AS REQUIRED PARTNERS- (1) No institution
of higher education or nonprofit organization may receive a subgrant under
this section unless it enters into a written agreement with at least one local
educational agency to provide professional development for elementary and
secondary school teachers in the schools of that agency in the core academic
subjects.
`(2) Each such agreement shall identify specific goals for how the
professional development that the subgrantee provides will enhance the ability
of those teachers to prepare all students to achieve to challenging State and
local content and student performance standards.
`(d) COORDINATION- Any professional development activities carried out
under this section shall be coordinated with activities carried out under
title II of the Higher Education Act of 1965, if the local educational agency
or institution of higher education is participating in programs funded under
that title.
`(e) JOINT EFFORTS WITHIN INSTITUTIONS OF HIGHER EDUCATION- Each activity
assisted under this section shall involve the joint effort of the institution
of higher education's school or department of education and the school or
departments in the specific disciplines in which the professional development
will be provided.
`(f) USES OF FUNDS- A recipient of funds under this section shall use
those funds for--
`(1) professional development in the core academic subjects, aligned
with State or local content standards, for teams of teachers from a school
or local educational agency and, where appropriate, administrators and
teaching assistants on a career track;
`(2) research-based programs to assist new teachers during their first
three years in the classroom, which may include--
`(A) mentoring and coaching by trained mentor teachers that lasts at
least two years;
`(B) team teaching with experienced teachers;
`(C) time for observation of, and consultation with, experienced
teachers;
`(D) assignment of fewer course preparations; and
`(E) provision of additional time for preparation; and
`(3) providing technical assistance to school and agency staff for
planning, implementing, and evaluating professional development.
`(g) ANNUAL REPORTS- (1) Beginning with fiscal year 2002, each subgrantee
under this section shall submit an annual report to the State agency for
higher education, by a date set by that agency, on its progress against such
indicators of program performance as the Secretary may identify under section
2136.
`(2) Each such report shall--
`(A) include a copy of each written agreement required by subsection
(c); and
`(B) describe how the subgrantee and the local educational agency have
collaborated to achieve the specific goals set out in the agreement, and the
results of that collaboration.
`(3) The State agency for higher education shall provide the State
educational agency with a copy of each subgrantee's annual report.
`COMPETITIVE LOCAL AWARDS
`SEC. 2128. (a) IN GENERAL- Each State educational agency shall use the
funds described in section 2125(c)(2) for competitive grants to local
educational agencies that are primarily focused on those agencies with the
greatest need for activities related to the development and effective
implementation of curricula aligned with State content and student performance
standards and for professional development activities that are aligned with
those standards.
`(b) SELECTION PROCESS- (1) The State educational agency shall award
subgrants under this section through a peer-review process that includes
reviewers who are knowledgeable in the academic content areas.
`(2) The State educational agency shall--
`(A) provide local educational agencies and the general public with a
list of the selection criteria that the State educational agency will use in
making subgrants; and
`(B) at the completion of the awards process, make public a complete
list of applicants and of the applicants that received awards.
`(c) DEMONSTRATION OF NEED- The State educational agency shall identify
the applicants with the greatest need for services based on objective data
supplied by the applicant, such as--
`(1) the number or percentage of children who fail to meet State
performance standards on assessments used for part A of title I;
`(2) the number or percentage of schools identified for school
improvement under section 1116(c);
`(3) the number or percentage of teachers employed who have not received
full State certification or licensure;
`(4) the number or percentage of secondary-school teachers whose primary
teaching assignment is in a core academic subject for which the teacher does
not have an academic major or minor in the subject area or a related
field;
`(5) the number or percentage of students living in poverty;
`(6) the number or percentage of students who have limited English
proficiency; and
`(7) the applicant's fiscal capacity to fund programs described in this
section without Federal assistance.
`(d) SELECTION OF SUBGRANTEES- The State educational agency shall make
awards to applicants based on--
`(1) the quality of the applicant's proposal and the likelihood of its
success in improving classroom instruction and student academic achievement;
and
`(2) the demonstrated need of the applicant under subsection (c).
`(e) OPPORTUNITY TO COMPETE- (1) To ensure that local educational agencies
that have the greatest need are provided a reasonable opportunity to compete
for an award, State educational agencies shall adopt at least one of, or a
strategy similar to at least one of, the following strategies:
`(A) Holding more than one competition for funds from a fiscal year and,
before each subsequent competition, providing technical assistance in
developing a high-quality application to districts it identifies as having
the greatest need that were unsuccessful in the initial grant
competition.
`(B) Holding a competition restricted to local educational agencies that
it has identified as having the greatest need for services.
`(C) Requiring recipients seeking a renewal of their awards to form a
partnership with an applicant that failed to receive an award.
`(D) Providing a competitive priority to those districts it has
identified as having the greatest need for services.
`(2) At a minimum, a State educational agency shall, after the completion
of an award cycle and before the start of the next cycle, provide any
applicant local educational agency that met its criteria for greatest need for
services, but that did not receive a subgrant, with technical assistance in
developing a high-quality application for future competitions.
`(f) SCOPE OF PROJECTS- The State educational agency shall approve only
applications for projects that are of sufficient size, scope, and quality to
achieve the purpose of this part.
`(g) DURATION OF SUBGRANTS- Each subgrant under this section shall be for
a period of three years, which the State educational agency shall extend for
an additional two years if it determines that the local educational agency is
making substantial progress toward meeting the specific goals in its plan
described in section 2129(c)(1) and against such indicators of program
performance as the Secretary may identify under section 2136.
`LOCAL APPLICATIONS
`SEC. 2129. (a) APPLICATION REQUIRED- A local educational agency that
wishes to receive a subgrant under this subpart shall submit an application to
the State educational agency containing such information as the State
educational agency may reasonably require.
`(b) PLAN- (1) Each such application shall include a district-wide plan
for raising student achievement against State standards through each of the
following strategies:
`(A) Supporting the alignment of curricula, assessments, and
professional development with challenging State and local content
standards.
`(B) Providing professional development in core academic content
areas.
`(C) Carrying out activities to assist new teachers during their first
three years in the classroom.
`(D) Ensuring that teachers employed by the local educational agency are
proficient in teaching skills and in the content knowledge needed to
effectively teach the content called for by State standards.
`(2) Each plan under paragraph (1) shall be data-driven and based on
results of assessments of student performance that the local educational
agency is using under title I.
`(c) ADDITIONAL CONTENTS- Each such application shall also--
`(1) identify specific, measurable goals for achieving the purpose
described in section 2112 that, at a minimum, reflect the performance
indicators identified by the Secretary under section 2136;
`(2) describe how the local educational agency will address the needs of
high-poverty, low-performing schools within its jurisdiction;
`(3) describe how the local educational agency will address the needs of
teachers of students with limited English proficiency and other students
with special needs;
`(4) include an assurance that the local educational agency will collect
data that measure progress toward the indicators of program performance
identified by the Secretary under section 2136;
`(5) describe how the local educational agency will coordinate funds
under this subpart with the professional development activities funded
through other State and Federal programs;
`(6) describe how the local educational agency will use funds described
in section 2125(c)(1) to help implement the plan described in subsection
(b); and
`(7) if applying for a competitive subgrant under section 2128, describe
how it will use the additional funds under that section to support
implementation of that plan.
`(d) APPROVAL- Notwithstanding section 2125(c)(1)--
`(1) a State educational agency shall approve a local educational
agency's application under this section only if it determines that it holds
reasonable promise of achieving the purpose described in section 2112;
and
`(2) shall continue to provide funds to a local educational agency under
section 2125(c)(1) after its third year of participation only if it
determines that the local educational agency has made substantial progress
toward meeting the specific goals in its plan described in section
2129(c)(1) and against such indicators of program performance as the
Secretary may identify under section 2136.
`(e) DURATION- (1) An application approved under this section shall remain
in effect for the duration of a local educational agency's participation in
the program under this subpart.
`(2) A local educational agency shall annually review its plan, revise it
as necessary, and submit any such revisions to the State educational agency
for its approval.
`USES OF FUNDS
`SEC. 2130. A local educational agency that receives funds under this
subpart shall use those funds for activities to raise student achievement
against challenging State standards, in accordance with its plan described in
section 2129(b), which may include--
`(1) professional development in the core academic subjects that
provides educators with content and pedagogical skills to prepare all
students to achieve to challenging State and local content and student
performance standards;
`(2) school-based collaborative efforts among teachers to improve
instruction in core academic subject areas, including programs that
facilitate teacher observation and analyses of fellow teachers' classroom
practice to improve instruction;
`(3) sustained collaboration that takes place over the course of at
least one school year among teachers and outside experts to improve
instruction in core academic subject areas;
`(4) teacher participation in working groups, task forces, or committees
charged with adapting and implementing high standards for all students,
including district-wide and school-based teams of teachers charged with
aligning curricula and lesson plans with State content and student
performance standards and assessments;
`(5) programs to assist new teachers during their first three years in
the classroom, such as--
`(A) mentoring and coaching by trained mentor teachers that lasts for
at least two school years;
`(B) team teaching with experienced teachers;
`(C) time for observation of, and consultation with, experienced
teachers;
`(D) assignment of fewer course preparations; and
`(E) provision of additional time for course preparation;
`(6) programs to implement peer-review processes for teachers and
principals;
`(7) collaborative professional development experiences for veteran
teachers based on the standards in the core academic subjects of the
National Board for Professional Teaching Standards;
`(8) the participation of teams of teachers in summer institutes and
summer immersion activities that are focused on preparing teachers to bring
all students to high standards in one or more of the core academic
subjects;
`(9) the establishment and maintenance of local professional networks
that provide a forum for interaction among teachers and that allow for the
exchange of information on advances in content and pedagogy;
`(10) the development of incentives to encourage teachers employed by
the agency, and other qualified individuals, to obtain proficiency in
content knowledge in a core academic subject area identified by the agency
as having a shortage of qualified teachers;
`(11) the development and acquisition of curricular materials and other
instructional aids, if they are not normally provided by the local
educational agency or the State as part of the regular instructional
program, that will advance local reform efforts to raise student achievement
against State and local content and student performance standards; and
`(12) the development and distribution of school and agency report cards
on the status of education and educational progress, as required by section
11206.
`LOCAL ACCOUNTABILITY
`SEC. 2131. (a) ANNUAL REPORTS- Each local educational agency that
receives funds under this subpart shall make publicly available and submit to
the State educational agency every year, beginning in fiscal year 2002, a
report on its activities under this subpart, in such form and containing such
information as the State educational agency may reasonably require.
`(b) CONTENTS- The report shall contain, at a minimum--
`(1) information on progress across the local educational agency against
such indicators of program performance as the Secretary may identify under
section 2136;
`(2) information on progress across the local educational agency toward
achieving the specific goals described in section 2129(c)(1);
`(3) data disaggregated by school-poverty level as defined by the
Secretary; and
`(4) a description of the methodology used to gather the data.
`LOCAL COST-SHARING REQUIREMENT
`SEC. 2132. (a) FUNDS AWARDED BY FORMULA- The Federal share of activities
carried out under this subpart with funds awarded by formula under section
2125(c)(1) shall not exceed 67 percent for any fiscal year.
`(b) OTHER FUNDS- The Federal share of activities carried out under this
subpart with funds awarded under section 2125(c)(2) shall not exceed--
`(1) 85 percent during the first year of the subgrant;
`(2) 75 percent during the second year;
`(3) 65 percent during the third year;
`(4) 55 percent during the fourth year; and
`(5) 50 percent during the fifth year.
`(c) SERVICES TO PRIVATE SCHOOL STUDENTS AND TEACHERS- Notwithstanding
subsections (a) and (b), the Federal share of the cost of providing services
to students and teachers in private schools, in accordance with section 11803
through 11806, may be up to 100 percent.
`(d) AVAILABLE RESOURCES FOR COST-SHARING- A local educational agency may
meet its obligations under subsections (a) or (b) through one or more of the
following:
`(1) Cash expenditures from non-Federal sources, including private
contributions.
`(2) Services provided in kind, fairly evaluated.
`(3) Release time for participating teachers.
`(4) Funds received under other Federal statutes and programs, if used
in a manner consistent with those statutes and programs and for the benefit
of students and teachers that would otherwise have been served with those
funds.
`MAINTENANCE OF EFFORT
`SEC. 2133. No funds may be provided to a local educational agency under
this subpart unless the State educational agency is satisfied that the local
educational agency will spend, from other sources, at least as much for
professional development activities described in this subpart as the average
amount it spent from other sources for those activities over the previous
three years.
`EQUIPMENT AND TEXTBOOKS
`SEC. 2134. A local educational agency may not use subgrant funds under
this subpart for equipment, computer hardware, textbooks, telecommunications
fees, or other items, that would otherwise be provided by the local
educational agency, the State, or a private school whose students receive
services under this part.
`SUPPLEMENT, NOT SUPPLANT
`SEC. 2135. A local educational agency that receives funds under this
subpart shall use those funds only to supplement the amount of funds or
resources that would, in the absence of those Federal funds, be made available
from non-Federal sources for the purposes of the program authorized under this
subpart, and not to supplant those non-Federal funds or resources.
`PROGRAM PERFORMANCE INDICATORS
`SEC. 2136. Not later than three months after the effective date of the
amendments to this title made by the Educational Excellence for All Children
Act of 1999, the Secretary shall, in collaboration with States, local
educational agencies, and institutions of higher education, identify
indicators of program performance under this subpart, against which recipients
of funds under this subpart shall report their progress, in such manner as the
Secretary may determine.
`DEFINITIONS
`SEC. 2137. As used in this subpart, the following terms have the
following meanings:
`(1) CORE ACADEMIC SUBJECTS- The term `core academic subjects'
means--
`(C) reading (or language arts) and English;
`(D) social studies (history, civics/government, geography, and
economics);
`(E) foreign languages; and
`(F) fine arts (music, dance, drama, and the visual arts).
`(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY- The term `high-poverty local
educational agency' has the meaning given that term in section
2217(1).
`(3) LOW-PERFORMING SCHOOL- The term `low-performing school'
means--
`(A) a school identified by a local educational agency for school
improvement under section 1116(c); or
`(B) a school in which the great majority of students fail to meet
State student performance standards based on assessments the local
educational agency is using under part A of title I.
`(4) PROFESSIONAL DEVELOPMENT- The term `professional development' means
sustained and intensive activities that improve teachers' content knowledge
and teaching skills and that--
`(A) enhance the ability of teachers to help all students, including
children with disabilities, children with limited English proficiency and
economically disadvantaged children, reach high State and local content
and student performance standards;
`(B) advance teacher understanding of one or more of the core academic
subject areas and effective instructional strategies for improving student
achievement in those areas;
`(C) are of sufficient duration to have a positive and lasting impact
on classroom instruction;
`(D) are an integral part of broader school and district-wide plans
for raising student achievement to State and local standards;
`(E) are based on the best available research on teaching and
learning;
`(F) include professional development activities that involve
collaborative groups of teachers and administrators from the same school
or district and, to the greatest extent possible, include follow-up and
school-based support such as coaching or study groups; and
`(G) as a whole, are regularly evaluated for their impact on increased
teacher effectiveness and improved student achievement, with the findings
of such evaluations used to improve the quality of professional
development.
`Subpart 3--National Activities for the Improvement of Teaching and School
Leadership
`PROGRAM AUTHORIZED
`SEC. 2141. (a) IN GENERAL- The Secretary is authorized to make grants to,
and to enter into contracts and cooperative agreements with, local educational
agencies, educational service agencies, State educational agencies, State
agencies for higher education, institutions of higher education, and other
public and private nonprofit agencies, organizations, and institutions to
carry out subsection (b).
`(b) ACTIVITIES- The Secretary--
`(1) may support activities of national significance that are not
supported through other sources and that the Secretary determines will
contribute to the improvement of teaching and school leadership in the
Nation's schools, such as--
`(A) supporting collaborative efforts by States, or consortia of
States, to review and benchmark the quality, rigor and alignment of State
standards and assessments;
`(B) supporting the development of models, at the State and local
levels, of innovative compensation systems that--
`(i) provide incentives for talented individuals who have a strong
knowledge of academic content to enter teaching; and
`(ii) reward experienced teachers who acquire new knowledge and
skills that are needed in the schools and districts in which they teach;
and
`(C) supporting collaborative efforts by States, or consortia of
States, to develop performance-based systems for assessing content
knowledge and teaching skills prior to full teacher licensure;
`(2) may support activities of national significance that the Secretary
determines will contribute to the recruitment and retention of highly
qualified teachers and principals in high-poverty local educational
agencies, such as--
`(A) the development and implementation of a national teacher
recruitment clearinghouse and job bank, which shall be coordinated and, to
the extent feasible, integrated with the America's Job Bank administered
by the Secretary of Labor, to--
`(i) disseminate information and resources nationwide on entering
the teaching profession to persons interested in becoming
teachers;
`(ii) serve as a national resource center for effective practices in
teacher recruitment and retention;
`(iii) link prospective teachers to local educational agencies and
training resources; and
`(iv) provide information and technical assistance to prospective
teachers about certification and other State and local requirements
related to teaching;
`(B) the development and implementation, or expansion, of programs
that recruit talented individuals to become principals, including such
programs that employ alternative routes to State certification, and that
prepare both new and experienced principals to serve as instructional
leaders, which may include the creation and operation of a national center
for the preparation and support of principals as leaders of school
reform;
`(C) efforts to increase the portability of teacher pensions and
reciprocity of teaching credentials across State lines;
`(D) research, evaluation, and dissemination activities related to
effective strategies for increasing the portability of teachers' credited
years of experience across State and school district lines; and
`(E) the development and implementation of national or regional
programs to--
`(i) recruit highly talented individuals to become teachers, through
alternative certification routes, in high-poverty local educational
agencies; and
`(ii) help retain those individuals as classroom teachers in those
local educational agencies for more than three years;
`(3) shall carry out a national evaluation of the effect of activities
under this part, including changes in instructional practice and objective
measures of student achievement;
`(4) may support the National Board for Professional Teaching Standards;
and
`(5) shall support the Eisenhower National Clearinghouse for Mathematics
and Science Education under section 2142.
`EISENHOWER NATIONAL CLEARINGHOUSE FOR MATHEMATICS AND SCIENCE
EDUCATION
`SEC. 2142. (a) ESTABLISHMENT OF CLEARINGHOUSE. The Secretary shall award
a competitive grant or contract to establish the Eisenhower National
Clearinghouse for Mathematics and Science Education (hereafter in this section
referred to as `the Clearinghouse').
`(b) Authorized Activities-
(1) APPLICATION AND AWARD BASIS- (A) Each entity desiring to establish
and operate the Clearinghouse shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
`(B) The Secretary shall establish a peer-review process to make
recommendations on the recipient of the award for the Clearinghouse.
`(C) The Secretary shall make the award for the Clearinghouse on the
basis of merit.
`(2) DURATION- The Secretary shall award the grant or contract for the
Clearinghouse for a period of five years.
`(3) ACTIVITIES- The award recipient shall use the award funds
to--
`(A) maintain a permanent collection of such mathematics and science
education instructional materials and programs for elementary and
secondary schools as the Secretary finds appropriate, with a priority for
such materials and programs that have been identified as promising or
exemplary, through a systematic approach such as the use of expert
panels
required under the Educational Research, Development, Dissemination, and
Improvement Act of 1994;
`(B) disseminate the materials and programs described in paragraph (1)
to the public, State educational agencies, local educational agencies, and
schools (particularly high-poverty, low-performing schools), including
through the maintenance of an interactive national electronic information
management and retrieval system accessible through the Worldwide Web and
other advanced communications technologies;
`(C) coordinate with other databases containing mathematics and
science curriculum and instructional materials, including Federal,
non-Federal, and, where feasible, international databases;
`(D) using not more than ten percent of the amount awarded under this
section for any fiscal year, participate in collaborative meetings of
representatives of the Clearinghouse and the regional consortia
established under section 2424 of this title to--
`(i) discuss issues of common interest and concern;
`(ii) foster effective collaboration and cooperation in acquiring
and distributing curriculum materials and programs; and
`(iii) coordinate and enhance computer network access to the
Clearinghouse and the resources of the regional consortia;
`(E) support the development and dissemination of model professional
development materials in mathematics and science education;
`(F) contribute materials or information, as appropriate, to other
national repositories or networks; and
`(G) gather qualitative and evaluative data on submissions to the
Clearinghouse, and disseminate that data widely, including through the use
of electronic dissemination networks.
`(4) SUBMISSION TO CLEARINGHOUSE- Each Federal agency or department that
develops mathematics or science education instructional materials or
programs, including the National Science Foundation and the Department,
shall submit copies of that material and those programs to the
Clearinghouse.
`(5) STEERING COMMITTEE- The Secretary may appoint a steering committee
to recommend policies and activities for the Clearinghouse.
`(6) APPLICATION OF COPYRIGHT LAWS- (A) Nothing in this section shall be
construed to allow the use or copying, in any medium, of any material
collected by the Clearinghouse that is protected under the copyright laws of
the United States unless the permission of the owner of the copyright is
obtained.
`(B) In carrying out this section, the Clearinghouse shall ensure
compliance with title 17 of the United States Code.
`Part B--Transition to Teaching; Troops to Teachers
`FINDINGS
`SEC. 2211. The Congress finds as follows:
`(1) School districts will need to hire more than 2 million teachers in
the next decade. The need for teachers in the areas of math, science,
foreign languages, special education, and bilingual education, and for those
able to teach in high-poverty school districts will be particularly high. To
meet this need, talented Americans of all ages should be recruited to become
successful, qualified teachers.
`(2) Nearly 13 percent of teachers of academic subjects have neither an
undergraduate major nor minor in their main assignment fields. This problem
is more acute in high-poverty schools, where the out-of-field percentage is
22 percent.
`(3) The Third International Math and Science Study (TIMSS) ranked U.S.
high school seniors last among 16 countries in physics and next to last in
math. It is also evident, mainly from the TIMSS data, that based on academic
scores, a stronger emphasis needs to be placed on the academic preparation
of our children in math and science.
`(4) One-fourth of high-poverty schools find it very difficult to fill
bilingual teaching positions, and nearly half of public school teachers have
students in their classrooms for whom English is a second language.
`(5) Many career-changing professionals with strong content-area skills
are interested in a teaching career, but need assistance in getting the
appropriate pedagogical training and classroom experience.
`(6) The Troops to Teachers model has been highly successful in linking
high-quality teachers to teach in high-poverty school districts.
`PURPOSE
`SEC. 2212. The purpose of this part is to address the need of
high-poverty school districts for highly qualified teachers in particular
subject areas, such as mathematics, science, foreign languages, bilingual
education, and special education needed by those school districts, by--
`(1) continuing and enhancing the Troops to Teachers model for
recruiting and supporting the placement of such teachers; and
`(2) recruiting, preparing, placing, and supporting career-changing
professionals who have knowledge and experience that will help them become
such teachers.
`PROGRAM AUTHORIZED
`SEC. 2213. (a) AUTHORITY- Subject to subsection (b), the Secretary is
authorized to use funds appropriated under subsection (c) for each fiscal year
to award grants, contracts, or cooperative agreements to institutions of
higher education and public and private nonprofit agencies or organizations to
carry out programs authorized by this part.
`(b) TROOPS TO TEACHERS- (1) Before making awards under subsection (a) for
any fiscal year, the Secretary shall first--
`(A) consult with the Secretary of Defense and the Secretary of
Transportation regarding the appropriate amount of funding needed to
continue and enhance the Troops to Teachers program; and
`(B) upon agreement, transfer that amount to the Department of Defense
to carry out the Troops to Teachers program.
`(2) The Secretary may enter into a written agreement with the Departments
of Defense and Transportation, or take such other steps as the Secretary
determines are appropriate to ensure effective continuation of the Troops to
Teachers program.
`(c) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
part, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and each of the four succeeding fiscal years.
`APPLICATION
`SEC. 2214. Each applicant that desires an award under section 2213(a)
shall submit an application to the Secretary containing such information as
the Secretary may require, including--
`(1) a description of the target group of career-changing professionals
upon which the applicant will focus in carrying out its program under this
part, including a description of the characteristics of that target group
that shows how the knowledge and experience of its members are relevant to
meeting the purpose of this part;
`(2) a description of how the applicant will identify and recruit
program participants;
`(3) a description of the training that program participants will
receive and how that training will relate to their certification as
teachers;
`(4) a description of how the applicant will ensure that program
participants are placed and teach in high-poverty local educational
agencies;
`(5) a description of the teacher induction services (which may be
provided through existing induction programs) the program participants will
receive throughout at least their first year of teaching;
`(6) a description of how the applicant will collaborate, as needed,
with other institutions, agencies, or organizations to recruit, train,
place, and support program participants under this part, including evidence
of the commitment of those institutions, agencies, or organizations to the
applicant's program;
`(7) a description of how the applicant will evaluate the progress and
effectiveness of its program, including--
`(A) the program's goals and objectives;
`(B) the performance indicators the applicant will use to measure the
program's progress; and
`(C) the outcome measures that will be used to determine the program's
effectiveness; and
`(8) an assurance that the applicant will provide to the Secretary such
information as the Secretary determines necessary to determine the overall
effectiveness of programs under this part.
`USES OF FUNDS AND PERIOD OF SERVICE
`SEC. 2215. (a) AUTHORIZED ACTIVITIES- Funds under this part may be used
for--
`(1) recruiting program participants, including informing them of
opportunities under the program and putting them in contact with other
institutions, agencies, or organizations that would train, place, and
support them;
`(2) training stipends and other financial incentives for program
participants, such as moving expenses, not to exceed $5,000, in the
aggregate, per participant;
`(3) assisting institutions of higher education or other providers of
teacher training to tailor their training to meet the particular needs of
professionals who are changing their careers to teaching;
`(4) placement activities, including identifying high-poverty local
educational agencies with needs for the particular skills and
characteristics of the newly trained program participants and assisting
those participants to obtain employment in those local educational agencies;
and
`(5) post-placement induction or support activities for program
participants.
`(b) PERIOD OF SERVICE- A program participant in a program under this
subpart who completes his or her training shall serve in a high-poverty local
educational agency for at least three years.
`(c) REPAYMENT- The Secretary shall establish such requirements as the
Secretary determines appropriate to ensure that program participants who
receive a training stipend or other financial incentive under subsection
(a)(2), but fail to complete their service obligation under subsection (b),
repay all or a portion of such stipend or other incentive.
`EQUITABLE DISTRIBUTION
`SEC. 2216. To the extent practicable, the Secretary shall make awards
under this part that support programs in different geographic regions of the
Nation.
`DEFINITIONS
`SEC. 2217. As used in this part--
`(1) the term `high-poverty local educational agency' means a local
educational agency in which the percentage of children, ages 5 through 17,
from families below the poverty level is 20 percent or greater, or the
number of such children exceeds 10,000; and
`(2) the term `program participants' means career-changing professionals
who--
`(A) hold at least a baccalaureate degree;
`(B) demonstrate interest in, and commitment to, becoming a teacher;
and
`(C) have knowledge and experience that is relevant to teaching a
high-need subject area in a high-poverty local educational
agency.
`Part C--Early Childhood Educator Professional Development
`PURPOSE
`SEC. 2301. In support of the national effort to attain the first of
America's Education Goals, as set out in section 2(c)(1) of this Act, the
purpose of this part is to enhance the school readiness of young children,
particularly disadvantaged young children, and to prevent them from
encountering reading difficulties once they enter school, by improving the
knowledge and skills of early childhood educators who work in communities that
have high concentrations of children living in poverty.
`PROGRAM AUTHORIZED
`SEC. 2302. (a) ELIGIBLE PARTNERSHIPS- The Secretary shall carry out the
purpose of this part through competitive grants to partnerships consisting
of--
`(A) one or more institutions of higher education that provide
professional development for early childhood educators who work with
children from low-income families in high-need communities; or
`(B) another public or private, nonprofit entity that provides such
professional development; and
`(2) one or more public agencies (including local educational agencies,
State educational agencies, State human services agencies, and State and
local agencies administering programs under the Child Care and Development
Block Grant Act of 1990); Head Start agencies; or private, nonprofit
organizations.
`(b) PRIORITY- In selecting grantees under this part, the Secretary shall
give priority to applications from partnerships that include one or more local
educational agencies that operate early childhood education programs for
children from low-income families in high-need communities.
`(c) DURATION OF GRANTS- (1) Each grant under this part shall be for up to
four years.
`(2) No grantee may receive more than one grant under this part.
`APPLICATIONS
`SEC. 2303. (a) APPLICATIONS REQUIRED- Any eligible applicant that desires
to receive a grant under this part shall submit an application at such time,
in such manner, and containing such information as the Secretary may
require.
`(b) CONTENTS- Each such application shall include--
`(1) a description of the high-need community to be served by the
project, including such demographic and socioeconomic information as the
Secretary may request;
`(2) information on the quality of the early childhood educator
professional development program currently conducted by the institution of
higher education or other provider in the partnership;
`(3) the results of the assessment that the entities in the partnership
have undertaken to determine the most critical professional development
needs of the early childhood educators to be served by the partnership and
in the broader community, and a description of how the proposed project will
address those needs;
`(4) a description of how the proposed project will be carried out,
including--
`(A) how individuals will be selected to participate;
`(B) the types of research-based professional development activities
that will be carried out;
`(C) how research on effective professional development and on adult
learning will be used to design and deliver project activities;
`(D) how the project will coordinate with and build on, and will not
supplant or duplicate, early childhood education professional development
activities that exist in the community;
`(E) how the project will train early childhood educators to provide
services that are based on the best available research on child, language,
and literacy development and on early childhood pedagogy; and
`(F) how the program will train early childhood educators to meet the
diverse educational needs of children in the community, including children
who have limited English proficiency, disabilities, or other special
needs;
`(A) the specific objectives that the applicant will seek to attain
through the project, and how the applicant will measure progress toward
attainment of those objectives; and
`(B) how the objectives and the measurement activities align with the
performance indicators established by the Secretary under section
2306(a);
`(6) a description of the applicant's plan for institutionalizing the
activities carried out under the project, so that they continue once
Federal funding ceases;
`(7) an assurance that, where applicable, the project will provide
appropriate professional development to volunteer staff, as well as to paid
staff; and
`(8) an assurance that, in developing its application and in carrying
out its project, it has consulted with, and will consult with, relevant
agencies and organizations described in section 2302(a)(2) that are not
members of the partnership.
`SELECTION OF GRANTEES
`SEC. 2304. (a) CRITERIA- The Secretary shall select applicants to receive
funding on the basis of the community's need for assistance and the quality of
the applications.
`(b) GEOGRAPHIC DISTRIBUTION- In selecting grantees, the Secretary shall
seek to ensure that communities in different regions of the Nation, as well as
both urban and rural communities, are served.
`USES OF FUNDS
`SEC. 2305. (a) IN GENERAL- Each recipient of a grant under this part
shall use the grant funds to carry out activities that will improve the
knowledge and skills of early childhood educators who are working in early
childhood programs that are located in high-need communities and serve
concentrations of children from low-income families.
`(b) ALLOWABLE ACTIVITIES- Allowable activities include, but are not
limited to--
`(1) professional development for individuals working as early childhood
educators, particularly to familiarize those individuals with recent
research on child, language, and literacy development and on early childhood
pedagogy;
`(2) professional development for early childhood educators in working
with parents, based on the best current research on child, language, and
literacy development and parent involvement, so that they can prepare their
children to succeed in school;
`(3) professional development for early childhood educators to work with
children who have limited English proficiency, disabilities, and other
special needs;
`(4) activities that assist and support early childhood educators during
their first three years in the field;
`(5) development and implementation of early childhood educator
professional development programs that make use of distance learning and
other technologies; and
`(6) data collection, evaluation, and reporting needed to meet the
requirements of this part relating to accountability.
`ACCOUNTABILITY
`SEC. 2306. (a) PERFORMANCE INDICATORS- Simultaneously with the
publication of any application notice for grants under this part, the
Secretary shall announce performance indicators for this part, which shall be
designed to measure--
`(1) the quality of the professional development provided;
`(2) the impact of that professional development on the early childhood
education provided by the individuals who are trained; and
`(3) such other measures of program impact as the Secretary determines
appropriate.
`(b) ANNUAL REPORTS- (1) Grantees shall report annually to the Secretary
on their progress against the performance indicators.
`(2) The Secretary may terminate a grant at any time if he determines that
the grantee is not making satisfactory progress against those indicators.
`COST-SHARING
`SEC. 2307. (a) IN GENERAL- Each grantee shall provide, from other
sources, which may include other Federal sources--
`(1) at least 50 percent of the total cost of its project for the grant
period; and
`(2) at least 20 percent of the project cost in each year.
`(b) ACCEPTABLE CONTRIBUTIONS- A grantee may meet the requirement of
subsection (a) through cash or in-kind contributions, fairly valued.
`(c) WAIVERS- The Secretary may waive or modify the requirements of
subsection (a) in cases of demonstrated financial hardship.
`DEFINITIONS
`SEC. 2308. As used in this part, the following terms have the following
meanings:
`(1)(A) The term `high-need community' means--
`(i) a municipality, or portion of a municipality, in which at least
50 percent of children are from low-income families; or
`(ii) a municipality that is one of the 10 percent of municipalities
within its State having the greatest numbers of those children.
`(B) In determining which communities are described in subparagraph (A),
the Secretary shall use such data as he determines are most accurate and
appropriate.
`(2) The term `low-income family' means a family with an income 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.
`(3) The term `early childhood educator' means a person who provides
care and education to children at any age from birth through
kindergarten.
`FEDERAL COORDINATION
`SEC. 2309. The Secretary and the Secretary of Health and Human Services
shall coordinate activities under this part and other early childhood programs
administered by the two Secretaries.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 2310. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.
`Part D--Technical Assistance Programs
`FINDINGS
`SEC. 2401. The Congress finds that--
`(1) sustained, high-quality technical assistance that responds to State
and local demand, supported by widely disseminated, research-based
information on what constitutes high-quality technical assistance and how to
identify high-quality technical assistance providers, can enhance the
opportunity for all children to achieve to challenging State academic
content and student performance standards;
`(2) an integrated system for acquiring, using, and supplying technical
assistance is essential to improving programs and affording all children
this opportunity;
`(3) States, local educational agencies, tribes, and schools serving
students with special needs, such as educationally disadvantaged students
and students with limited English proficiency, have clear needs for
technical assistance in order to use funds under this Act to provide those
students with opportunities to achieve to challenging State academic content
standards and student performance standards;
`(4) current technical assistance and dissemination efforts are
insufficiently responsive to the needs of States, local educational
agencies, schools, and tribes for help in identifying their particular needs
for technical assistance and developing and implementing their own
integrated systems for using the various sources of funding for technical
assistance activities under this Act (as well as other Federal, State, and
local resources) to improve teaching and learning and to implement more
effectively the programs authorized by this Act; and
`(5) the Internet and other forms of advanced telecommunications
technology are an important means of providing information and assistance in
a cost-effective way.
`PURPOSE
`SEC. 2402. The purpose of this part is to create a comprehensive and
cohesive, national system of technical assistance and dissemination that is
based on market principles in responding to the demand for, and expanding the
supply of, high-quality technical assistance. Such a system shall support
States, local educational agencies, tribes, schools, and other recipients of
funds under this Act in implementing standards-based reform and improving
student performance through--
`(1) the provision of financial support and impartial, research-based
information designed to assist States
and high-need local educational agencies to develop and implement their own
integrated systems of technical assistance and select high-quality technical
assistance activities and providers for use in those systems;
`(2) the establishment of technical assistance centers in areas that
reflect identified national needs in order to ensure the availability of
strong technical assistance in those areas;
`(3) the integration of all technical assistance and information
dissemination activities carried out or supported by the Department of
Education in order to ensure comprehensive support for school
improvement;
`(4) the creation of a technology-based system, for disseminating
information about ways to improve educational practices throughout the
Nation, that reflects input from students, teachers, administrators, and
other individuals who participate in, or may be affected by, the Nation's
educational system; and
`(5) national evaluations of effective technical assistance.
`Subpart 1--Strengthening the Capacity of State and Local Educational
Agencies To Become Effective, Informed Consumers of Technical Assistance
`PURPOSE
`SEC. 2411. It is the purpose of this subpart to--
`(1) provide grants to State and local educational agencies in order
to--
`(A) respond to the growing demand for increased local decisionmaking
in determining technical assistance needs and appropriate technical
assistance services;
`(B) encourage States and local educational agencies to assess their
technical assistance needs, and how their various sources of funding for
technical assistance under this Act and from other sources can best be
coordinated to meet those needs (including their needs to collect and
analyze data);
`(C) build the capacity of State and local educational agencies to use
technical assistance effectively and thereby improve their ability to
provide the opportunity for all children to achieve to challenging State
academic content standards and student performance standards; and
`(D) assist State and local educational agencies in acquiring
high-quality technical assistance; and
`(2) establish an independent source of consumer information regarding
the quality of technical assistance activities and providers, in order to
assist State and local educational agencies, and other consumers of
technical assistance that receive funds under this Act, in selecting
technical assistance activities and providers for their use.
`ALLOCATION OF FUNDS
`SEC. 2412. From the funds appropriated to carry out this subpart for any
fiscal year--
`(1) the Secretary shall first allocate one percent of such funds to the
Bureau of Indian Affairs and the Outlying Areas, in accordance with their
respective needs for such funds (as determined by the Secretary) to carry
out activities that meet the purposes of this subpart; and
`(2) from the remainder of such funds, the Secretary shall--
`(A) allocate two-thirds of such remainder to State educational
agencies in accordance with the formula described in section 2413;
and
`(B) allocate one-third of such remainder to the 100 local educational
agencies with the largest number of children counted under section
1124(c), in accordance with the formula described in section
2416.
`FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES
`SEC. 2413. (a) FORMULA- Subject to subsection (b), the Secretary shall
allocate the funds under section 2412(2)(A) among the States in proportion to
the relative amounts each State would have received for Basic Grants under
subpart 2 of part A of title I of this Act for the most recent fiscal year, if
the Secretary had disregarded the allocations under such subpart to local
educational agencies that are eligible to receive direct grants under section
2416.
`(b) ADJUSTMENTS TO ALLOCATIONS- The Secretary shall adjust the
allocations under subsection (a), as necessary, to ensure that, of the total
amount allocated to States under subsection (a) and to local educational
agencies under section 2416, the percentage allocated to a State under this
section and to localities in the State under section 2416 is at least the
minimum percentage for the State described in section 1124(d) for the previous
fiscal year.
`(c) REALLOCATIONS- If the Secretary determines that any amount of any
State's allocation under subsection (a) (as adjusted, if necessary, under
subsection (b)) will not be required for such fiscal year for carrying out the
activities for which such amount has been allocated, the Secretary shall make
such amount available for reallocation. Any such reallocation among other
States shall occur on such dates as the Secretary shall establish, and shall
be made on the basis of criteria established by regulation. Any amount
reallocated to a State under this subsection for any fiscal year shall remain
available for obligation during the succeeding fiscal year, and shall be
deemed to be part of the State's allocation for the year in which the amount
is obligated.
`STATE APPLICATION
`SEC. 2414. (a) APPLICATION REQUIREMENTS- Each State desiring a grant
under this subpart shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may require.
Each such application shall describe--
`(1) the State's need for, and the capacity of the State educational
agency to provide, technical assistance in implementing programs under this
Act (including assistance on the collection and analysis of data) and in
implementing the State plan or policies for comprehensive, standards-based
education reform;
`(2) how the State will use the funds provided under this subpart to
coordinate all its sources of funds for technical assistance, including all
sources of such funds under this Act, into an integrated system of providing
technical assistance to local educational agencies, and other local
recipients of funds under this Act, within the State and implement that
system;
`(3) the State educational agency's plan for using funds from all
sources under this Act to build its capacity, through the acquisition of
outside technical assistance and other means, to provide technical
assistance to local educational agencies and other recipients within the
State;
`(4) how, in carrying out technical assistance activities using funds
provided from all sources under this Act, the State will--
`(A) assist local educational agencies and schools in providing
high-quality education to all children served under this Act to achieve to
challenging academic standards;
`(B) give the highest priority to meeting the needs of high-poverty,
low-performing local educational agencies (taking into consideration any
assistance that such local educational agencies may be receiving under
section 2416); and
`(C) give special consideration to local educational agencies and
other recipients of funds under this Act serving rural and isolated
areas.
`(b) APPROVAL- The Secretary shall approve a State's application for funds
under this subpart if it meets the requirements of subsection (a) and is of
sufficient quality to meet the purposes of this subpart. In determining
whether to approve a State's application, the Secretary shall take into
consideration the advice of peer reviewers. The Secretary shall not disapprove
any application under this section without giving the State notice and
opportunity for a hearing.
`STATE USES OF FUNDS
`SEC. 2415. (a) IN GENERAL- The State educational agency may use funds
provided under this subpart to--
`(1) build its capacity (and the capacity of other State agencies that
implement programs under this Act) to use technical assistance funds
provided under this Act effectively through the acquisition of high-quality
technical assistance, and the selection of high-quality technical assistance
activities and providers, that meet the technical assistance needs
identified by the State;
`(2) develop, coordinate, and implement an integrated system--
`(A) that provides technical assistance to local educational agencies
and other recipients of funds under this Act within the State, directly,
through contracts, or through subgrants to local educational agencies, or
other recipients of funds under this Act, for activities that meet the
purposes of this subpart; and
`(B) that uses all sources of funds provided for technical assistance,
including all sources of such funds under this Act; and
`(3) acquire the technical assistance it needs to increase opportunities
for all children to achieve to challenging State academic content standards
and student performance standards and to implement the State's plan or
policies for comprehensive standards-based education reform.
`(b) TYPES OF TECHNICAL ASSISTANCE- A State's integrated system of
providing technical assistance may include assistance on such activities as
the following:
`(1) Implementing State standards in the classroom, including aligning
instruction, curriculum, assessments, and other aspects of school reform
with those standards.
`(2) Collecting, disaggregating, and using data to analyze and improve
the implementation, and increase the impact, of educational programs.
`(3) Conducting needs assessments and planning intervention strategies
that are aligned with State goals and accountability systems.
`(4) Planning and implementing effective, research-based reform
strategies, including schoolwide reforms, and strategies for making schools
safe, disciplined, and drug-free.
`(5) Improving the quality of teaching and the ability of teachers to
serve students with special needs (including educationally disadvantaged
students and students with limited English proficiency).
`(6) Planning and implementing strategies to promote opportunities for
all children to achieve to challenging State academic content standards and
student performance standards.
`GRANTS TO LARGE LOCAL EDUCATIONAL AGENCIES
`SEC. 2416. (a) FORMULA- The Secretary shall allocate the funds under
section 2412(2)(B) among the local educational agencies described therein in
proportion to the relative amounts allocated to each such local educational
agency for Basic Grants under subpart 2 of part A of title I of this Act for
the most recent fiscal year.
`(b) REALLOCATIONS- If the Secretary determines that any amount of any
local educational agency's allocation under subsection (a) will not be
required for such fiscal year for carrying out the activities for which such
amount has been allocated, the Secretary shall make such amount available for
reallocation. Any such reallocation among other local educational agencies
described in section 2412(2)(B) shall occur on such dates as the Secretary
shall establish, and shall be made on the basis of criteria established by
regulation. Any amount reallocated to a local educational agency under this
subsection for any fiscal year shall remain available for obligation during
the succeeding fiscal year, and shall be deemed to be part of the local
educational agency's allocation for the year in which the amount is
obligated.
`LOCAL APPLICATION
`SEC. 2417. (a) APPLICATION REQUIREMENTS- Each local educational agency
described in section 2412(2)(B) that desires a grant under section 2416 shall
submit an application to the Secretary at such time, in such manner, and
containing such
information as the Secretary may require. Each such application shall
describe--
`(1) the local educational agency's need for technical assistance in
implementing programs under this Act (including assistance on the use and
analysis of data) and in implementing the State's, or its own, plan or
policies for comprehensive standards-based education reform; and
`(2) how the local educational agency will use the funds provided under
this subpart to coordinate all its various sources of funds for technical
assistance, including all sources of such funds under this Act and from
other sources, into an integrated system for acquiring and using outside
technical assistance and other means of building its own capacity to provide
the opportunity for all children to achieve to challenging State academic
content standards and student performance standards implementing programs
under this Act, and implement that system.
`(b) APPROVAL- The Secretary shall approve a local educational agency's
application for funds under this subpart if it meets the requirements of
subsection (a) and is of sufficient quality to meet the purposes of this
subpart. In determining whether to approve a local educational agency's
application, the Secretary shall take into consideration the advice of peer
reviewers. The Secretary shall not disapprove any application under this
section without giving the local educational agency notice and opportunity for
a hearing.
`LOCAL USES OF FUNDS
`SEC. 2418. (a) IN GENERAL- A local educational agency described in
section 2412(2)(B) may use funds provided under section 2416 to--
`(1) build its capacity to use technical assistance funds provided under
this Act effectively through the acquisition of high-quality technical
assistance and the selection of high-quality technical assistance activities
and providers that meet its technical assistance needs;
`(2) develop, coordinate, and implement an integrated system of
providing technical assistance to its schools using all sources of funds
provided for technical assistance, including all sources of such funds under
this Act; and
`(3) acquire the technical assistance it needs to increase opportunities
for all children to achieve to challenging State academic content standards
and student performance standards and to implement the State's, or its own,
plan or policies for comprehensive standards-based education reform.
`(b) TYPES OF TECHNICAL ASSISTANCE- A local educational agency may use
funds provided under this subpart for technical assistance activities such as
those described in section 2415(b).
`EQUITABLE SERVICES FOR PRIVATE SCHOOLS
`SEC. 2419. (a) INFORMATION AND TRAINING- If a State or local educational
agency uses funds under this subpart to--
`(1) provide professional development for teachers or school
administrators, it shall provide for such professional development for
teachers or school administrators in private schools located in the same
geographic area on an equitable basis; or
`(2) provide information about State educational goals, standards, or
assessments, it shall, upon request, provide such information to private
schools located in the same geographic area.
`(b) WAIVER- If a State or local educational agency is prohibited by law
from complying with subsection (a)(1), or the Secretary determines it has
substantially failed or is unwilling to comply with subsection (a)(1), the
Secretary shall waive subsection (a)(1) and arrange for the provision of such
professional development services for such teachers or school administrators,
consistent with applicable State goals and standards and section 11806 of this
Act.
`CONSUMER INFORMATION
`SEC. 2419A. (a) The Secretary shall, through one or more contracts,
establish an independent source of consumer information regarding the quality
and effectiveness of technical assistance activities and providers available
to States, local educational agencies, and other recipients of funds under
this Act, in selecting technical assistance activities and providers for their
use.
`(b) A contract under this section may be awarded for a period of up to
five years.
`(c) The Secretary may reserve, from the funds appropriated to carry out
this subpart for any fiscal year, such sums as he determines necessary to
carry out this section.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 2419B. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.
`Subpart 2--Technical Assistance Centers Serving Special Needs
`GENERAL PROVISIONS
`SEC. 2421. In addition to meeting the requirements of a particular
section of this subpart, all technical assistance providers that receive funds
under this subpart, all consortia that receive funds under subpart 2 of part B
of title III, and the educational laboratories, and clearinghouses of the
Educational Resources Information Center, supported under the Educational
Research, Development, Dissemination, and Improvement Act (notwithstanding any
other provision of such title or Act), shall--
`(1) participate in a technical assistance network with the Department
and other federally supported technical assistance providers in order to
coordinate services and resources;
`(2) ensure that the services they provide--
`(A) are of high quality;
`(C) reflect the best information available from research and
practice, including findings and applications such as those made available
through the Regional Educational Laboratories, Research and Development
Centers, National Clearinghouses, and other federally supported providers
of technical assistance; and
`(D) are aligned with State and local education reform
efforts;
`(3) in collaboration with State educational agencies in the States
served, educational service agencies (where appropriate), and
representatives of high-poverty, low-performing urban and rural local
educational agencies in each State served, develop a targeted approach to
providing technical assistance that gives priority to providing intensive,
ongoing services to high-poverty local educational agencies and schools that
are most in need of raising student achievement (such as schools identified
as in need of improvement under section 1116(c));
`(4) cooperate with the Secretary in carrying out activities (including
technical assistance activities authorized by other programs under this Act)
such as publicly disseminating materials and information that are produced
by the Department and are relevant to the purpose, expertise, and mission of
the technical assistance provider; and
`(5) use technology, including electronic dissemination networks and
Internet-based resources, in innovative ways to provide high-quality
technical assistance.
`CENTERS FOR TECHNICAL ASSISTANCE ON THE NEEDS OF SPECIAL POPULATIONS
`SEC. 2422. (a) Program Authority-
(1) IN GENERAL- The Secretary is authorized to award grants, contracts,
or cooperative agreements for each fiscal year to public or private
nonprofit entities, or consortia of such entities, to provide for the
operation of two technical assistance centers to provide training and
technical assistance to State educational agencies, local educational
agencies, schools, tribes, community-based organizations, and other
recipients of funds under this Act concerning--
`(A) how to address the specific linguistic, cultural, or other needs
of limited English proficient, migratory, Indian, and Alaska Native
students; and
`(B) educational strategies for enabling those students to achieve to
challenging State academic content and performance standards.
`(2) SPECIAL EXPERTISE REQUIRED- An entity may receive an award under
this section only if it demonstrates, to the satisfaction of the Secretary,
that it has expertise in the areas described in paragraphs (1) (A) and
(B).
`(b) DURATION OF AWARD- Grants, contracts, or cooperative agreements under
this section shall be awarded for a period of up to 5 years.
`(c) Center Requirements-
(1) IN GENERAL- In order to assist local educational agencies and
schools to provide high-quality education to the students described in
subsection (a)(1)(A), so that they can achieve to challenging State academic
content and performance standards, each center established under this
section shall--
`(A) maintain appropriate staff expertise; and
`(B) provide support, training, and assistance to State educational
agencies, tribes, local educational agencies, schools, and other grant
recipients under this Act in meeting the needs of the students described
in subsection (a)(1)(A), including the coordination of other Federal
programs and State and local programs, resources, and reforms.
`(2) PRIORITY- Each center assisted under this section shall give
priority to providing services to schools, including Bureau of Indian
Affairs-funded schools, that educate the students described in subsection
(a)(1)(A) and have the highest percentages or numbers of children in poverty
and the lowest student achievement levels.
`(d) ACCOUNTABILITY- To ensure the quality and effectiveness of the
centers supported under this section, the Secretary shall--
`(1) develop a set of performance indicators that assesses whether the
work of the centers assists in improving teaching and learning under this
Act for students described in subsection (a)(1)(A);
`(2) conduct surveys every two years of entities to be served under this
section to determine if such entities are satisfied with the access to, and
quality of, such services;
`(3) collect, as part of the Department's reviews of programs under this
Act, information about the availability and quality of services provided by
the centers, and share that information with the centers; and
`(4) take whatever steps are reasonable and necessary to ensure that
each center performs its responsibilities in a satisfactory manner, which
may include--
`(A) termination of an award under this part (if the Secretary
concludes that performance has been unsatisfactory) and the selection of a
new center; and
`(B) whatever interim arrangements the Secretary determines are
necessary to ensure the satisfactory delivery of services under this
section.
`(e) AUTHORIZATION OF APPROPRIATIONS- For purposes of carrying out this
section, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and for each of the four succeeding fiscal years.
`PARENTAL INFORMATION AND RESOURCE CENTERS
`SEC. 2423. (a) PROGRAM AUTHORITY-
(1) IN GENERAL- The Secretary is authorized to award grants, contracts,
or cooperative agreements for each fiscal year to nonprofit organizations
that serve parents (particularly those organizations that make substantial
efforts to reach low-income, minority, or limited English proficient
parents) to establish parental information and resource centers that--
`(A) coordinate the efforts of Federal, State, and local parent
education and family involvement initiatives; and
`(B) provide training, information, and support to--
`(i)(I) State educational agencies;
`(II) local educational agencies, particularly local educational
agencies with high-poverty and low-performing schools; and
`(III) schools, particularly high-poverty and low-performing
schools; and
`(ii) organizations that support family-school partnerships, such as
parent teacher organizations.
`(2) AWARD RULE- In making awards under this section, the Secretary
shall, to the greatest extent possible, ensure that each State is served by
at least one recipient of such an award.
(1) IN GENERAL- Each nonprofit organization that desires an award under
this section shall submit an application to the Secretary at such time, and
in such manner, as the Secretary shall determine.
`(2) CONTENTS- Each application submitted under paragraph (1) shall, at
a minimum, include--
`(A) a description of the applicant's capacity and expertise to
implement a grant under this section;
`(B) a description of how the applicant would use its award to help
State and local educational agencies, schools, and non-profit
organizations in the State, particularly those making substantial efforts
to reach a large number or percentage of low-income, minority, or limited
English proficient children--
`(i) identify barriers to parent or family involvement in schools,
and strategies to overcome those barriers; and
`(ii) implement high-quality parent education and family involvement
programs that--
`(I) improve the capacity of parents to participate more
effectively in the education of their children;
`(II) support the effective implementation of research-based
instructional activities that support parents and families in
promoting early language and literacy development; and
`(III) support schools in promoting meaningful parent and family
involvement;
`(C) a description of the applicant's plan to disseminate information
on high-quality parent education and family involvement programs to local
educational agencies, schools, and non-profit organizations that serve
parents in the State;
`(D) a description of how the applicant would coordinate its
activities with the activities of other Federal, State, and local parent
education and family involvement programs and with national, State, and
local organizations that provide parents and families with training,
information, and support on how to help their children prepare for success
in school and achieve to high academic standards;
`(E) a description of how the applicant would use technology,
particularly the Internet, to disseminate information; and
`(F) a description of the applicant's goals for the center, as well as
baseline indicators for each of the goals, a timeline for achieving the
goals, and interim measures of success toward achieving the
goals.
`(c) MATCHING REQUIREMENTS- The Federal share of the cost of any center
funded under this section shall not exceed 75 percent. The non-Federal share
of the cost of a center may be provided in cash or in kind, fairly
evaluated.
(1) IN GENERAL- Recipients of funds awarded under this section shall use
such funds to support State and local educational agencies, schools, and
non-profit organizations in implementing programs that provide parents with
training, information, and support on how to help their children achieve to
high academic standards. Such activities may include:
`(A) Assistance in the implementation of programs that support parents
and families in promoting early
language and literacy development and prepare children to enter school ready
to succeed in school.
`(B) Assistance in developing networks and other strategies to support
the use of research-based, proven models of parent education and family
involvement, including the `Parents as Teachers' and `Home Instruction
Program for Preschool Youngsters' programs, to promote children's
development and learning.
`(C) Assistance in preparing parents to communicate more effectively
with teachers and other professional educators and support staff, and
providing a means for on-going, meaningful communication between parents
and schools.
`(D) Assistance in developing and implementing parent education and
family involvement programs that increase parental knowledge about
standards-based school reform.
`(E) Disseminating information on programs, resources, and services
available at the national, State, and local levels that support parent and
family involvement in the education of their school-age children.
`(2) TARGETED ACTIVITIES- Each recipient of funds under this section
shall use at least 75 percent of its award to support activities that serve
areas with large numbers or concentrations of low-income families.
`(e) NATIONAL ACTIVITIES- For any fiscal year, the Secretary may reserve
up to 5 percent of funds appropriated to carry out this section for that
fiscal year to--
`(1) provide technical assistance to the centers funded under this
section; and
`(2) carry out evaluations of the program authorized by this part.
`(f) DEFINITIONS- For purposes of this section--
`(1) the term `parent education' includes parent support activities, the
provision of resource materials on child development, parent-child learning
activities and child rearing issues, private and group educational guidance,
individual and group learning experiences for the parent and child, and
other activities that enable the parent to improve learning in the
home;
`(2) the term `Parents as Teachers program' means a voluntary early
childhood parent education program that--
`(A) is designed to provide all parents of children from birth through
age 5 with the information and support such parents need to give their
child a solid foundation for school success;
`(B) is based on the Missouri Parents as Teachers model, with the
philosophy that parents are their child's first and most influential
teachers;
`(i) regularly scheduled personal visits with families by certified
parent educators;
`(ii) regularly scheduled developmental screenings; and
`(iii) linkage with other resources within the community in order to
provide services that parents may want and need, except that such
services are beyond the scope of the Parents as Teachers program;
and
`(3) the term `Home Instruction for Preschool Youngsters program' means
a voluntary early-learning program for parents with one or more children
between the ages of 3 through 5, that--
`(A) provides support, training, and appropriate educational materials
necessary for parents to implement a school-readiness, home instruction
program for their child; and
`(i) group meetings with other parents participating in the
program;
`(ii) individual and group learning experiences with the parent and
child;
`(iii) provision of resource materials on child development and
parent-child learning activities; and
`(iv) other activities that enable the parent to improve learning in
the home.
`(g) REPORTS- Each recipient of funds under this section shall annually
submit a report to the Secretary, on its activities under this section, in
such form and containing such information as the Secretary may reasonably
require. A report under this subsection shall include, at a minimum--
`(1) the number and types of activities supported by the recipient with
funds received under this section;
`(2) activities supported by the recipient that served areas with high
numbers or concentrations of low-income families; and
`(3) the progress made by the recipient in achieving the goals included
in its application.
`(h) GENERAL PROVISIONS- Notwithstanding any other provision of this
section--
`(1) no person, including a parent who educates a child at home, public
school parent, or private school parent, shall be required to participate in
any program of parent
education or developmental screening pursuant to the provisions of this
section;
`(2) no program assisted under this section shall take any action that
infringes in any manner on the right of a parent to direct the education of
their children; and
`(3) the provisions of section 444(c) of the General Education
Provisions Act shall apply to organizations that receive awards under this
section.
`(i) AUTHORIZATION OF APPROPRIATIONS- For purposes of carrying out this
section, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and for each of the four succeeding fiscal years.
`EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA
`SEC. 2424. (a) PROGRAM AUTHORITY-
`(A) GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS AUTHORIZED- The
Secretary, in consultation with the Director of the National Science
Foundation, is authorized to award grants, contracts, or cooperative
agreements to eligible entities to enable such entities to establish and
operate regional mathematics and science education consortia for the
purpose of--
`(i) disseminating exemplary mathematics and science education
instructional materials; and
`(ii) providing technical assistance for the implementation of
teaching methods and assessment tools for use by elementary and
secondary school students, teachers, and administrators.
`(B) NUMBER OF AWARDS- The Secretary, in accordance with the
provisions of this subsection, shall award at least one grant, contract,
or cooperative agreement to an eligible entity in each region.
`(C) SPECIAL RULE- In any fiscal year, if the amount made available
pursuant to subsection (h) is less than $4,500,000, then the Secretary may
waive the provisions of subparagraph (B) and award grants, contracts, or
cooperative agreements of sufficient size, scope, and quality to carry out
this subsection.
`(D) DESIGNATION- Each regional consortium assisted under this
subsection shall be known as an `Eisenhower regional consortium'.
`(2) PERIOD OF AWARD AND REVIEW- Grants, contracts, or cooperative
agreements under this section shall be awarded for a period of not more than
five years and shall be reviewed before the end of the 30-month period
beginning on the date the award is made.
`(3) AWARD AMOUNT- In making awards under this section, the Secretary
shall ensure that there is a relatively equal distribution of the funds made
available among the regions, except that the Secretary may award additional
funds to a regional consortium on the basis of population and geographical
conditions of the region being served.
`(b) USE OF FUNDS- Funds provided under this section may be used by a
regional consortium, under the direction of a regional board established under
subsection (d), to--
`(1) work cooperatively with the other regional consortia, the
Eisenhower National Clearinghouse for Science and Mathematics Education
established under section 2142, and federally funded technical assistance
providers, to accomplish more effectively the activities described in this
subsection;
`(2) assist, train, and provide technical assistance to classroom
teachers, administrators, and other educators to identify, implement,
assess, or adapt the instructional materials, teaching methods, and
assessment tools described in subsection (a)(1)(A);
`(3) provide for the training of classroom teachers to enable such
teachers to instruct other teachers, administrators, and educators in the
classroom use of the instructional materials, teaching methods, and
assessment tools described in subsection (a)(1)(A);
`(4) implement programs and activities designed to meet the needs of
groups that are underrepresented in, and underserved by, mathematics and
science education;
`(5) collect data on activities assisted under this section in order to
evaluate the effectiveness of the activities of the regional
consortia;
`(6) identify exemplary teaching practices and materials from within the
region and communicate such practices and materials to the Eisenhower
National Clearinghouse for Mathematics and Science Education;
`(7) communicate, on a regular basis, with entities within the region
that are delivering services to students and teachers of mathematics and
science; and
`(8) assist in the development and evaluation of State and regional
plans and activities that hold promise of bringing about systemic reform in
student performance in mathematics and science.
`(c) APPLICATION- Each eligible entity desiring a grant or contract under
this section shall submit an application to the Secretary at such time, in
such manner, and accompanied by such additional information as the Secretary
may reasonably require. Each such application shall--
`(1) demonstrate that the eligible entity has expertise in the fields of
mathematics and science education;
`(2) demonstrate that the eligible entity will implement and disseminate
mathematics and science education instructional materials, teaching methods,
and assessment tools through a consortium of the region's mathematics and
science education organizations and agencies;
`(3) demonstrate that the eligible entity will carry out the functions
of the regional consortium;
`(4) demonstrate that emphasis will be given to programs and activities
designed to meet the needs of groups that are underrepresented in, and
underserved by, mathematics and science education;
`(5) demonstrate that the business community in the region served by the
regional consortium will play an integral role in designing and supporting
the regional consortium's work; and
`(6) assure that the eligible entity will conduct its activities and
supervise its personnel in a manner that effectively ensures compliance with
the copyright laws of the United States under title 17, United States
Code.
(1) IN GENERAL- Each eligible entity receiving an award under this
section shall establish a regional board to oversee the administration and
establishment of program priorities for the regional consortium established
by such eligible entity. Such regional board shall be broadly representative
of the agencies and organizations participating in the regional
consortium.
`(2) PROHIBITION ON USE OF FEDERAL FUNDS- No Federal funds may be used
for the establishment or operation of a regional board required by paragraph
(1), except that at the discretion of a regional board, Federal funds may be
used to provide assistance such as travel and accommodations for board
members who could not otherwise afford to participate as members of the
board.
`(e) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE-
(1) PAYMENTS- The Secretary shall pay to each eligible entity having an
application approved under subsection (c) the Federal share of the cost of
the activities described in the application.
`(2) FEDERAL SHARE- For the purpose of paragraph (1), the Federal share
shall be 80 percent.
`(3) NON-FEDERAL SHARE- The non-Federal share of the cost of activities
described in the application submitted under subsection (c) may be in cash
or in kind, fairly evaluated. At least 10 percent of such non-Federal share
shall be from sources other than the Federal Government or State or local
government.
(1) EVALUATION REQUIRED- The Secretary, through the Office of
Educational Research and Improvement and in accordance with section 11911,
shall collect sufficient data on, and evaluate the effectiveness of, the
activities of each regional consortium.
`(2) ASSESSMENT- The evaluations described in paragraph (1) shall
include an assessment of the effectiveness of the regional consortium in
meeting the needs of the schools, teachers, administrators, and students in
the region.
`(3) REPORT- At the end of each award, the Secretary shall submit to the
Congress a report on the effectiveness of the programs conducted at each
regional consortium.
`(g) DEFINITIONS- For purposes of this part:
`(1) The term `eligible entity' means an entity that has demonstrated
expertise in mathematics and science education and is--
`(A) a private nonprofit organization;
`(B) an institution of higher education;
`(C) an elementary or secondary school;
`(D) a State or local educational agency;
`(E) a regional educational laboratory in consortium with the research
and development center established under section 931(c)(1)(B)(i) of the
Educational Research, Development, Dissemination, and Improvement Act of
1994; or
`(F) any combination of the entities described in subparagraphs (A)
through (E).
`(2) The terms `mathematics' and `science' include the technology
education associated with mathematics and science, respectively.
`(3) The term `region' means a region of the United States served by a
regional education laboratory that is supported by the Secretary pursuant to
section 405(d)(4)(A)(i) of the General Education Provisions Act (as such
section was in existence on the day preceding the date of enactment of the
Goals 2000: Educate America Act).
`(4) The term `regional consortium' means each regional mathematics and
science education consortium established pursuant to subsection (a).
`(5) The term `State agency for higher education' means the State board
of higher education or other agency or officer primarily responsible for the
State supervision of higher education, or, if there is no such officer or
agency, an officer or agency designated for the purpose of carrying out this
section by the Governor or by State law.
`(h) AUTHORIZATION OF APPROPRIATIONS- For purposes of carrying out this
section, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and for each of the four succeeding fiscal years.
`Subpart 3--Technology-Based Technical Assistance Information
Dissemination
`WEB-BASED AND OTHER INFORMATION DISSEMINATION
`SEC. 2431. (a) IN GENERAL- (1)(A) With funds appropriated under section
2432 for each fiscal year, the Secretary is authorized to carry out a national
system, through the Worldwide Web and other advanced telecommunications
technologies, that supports interactive information sharing and dissemination
about ways to improve educational practices throughout the Nation.
`(B) In designing and implementing the system under this subsection, the
Secretary shall create opportunities for the continuing input of students,
teachers, administrators, and other individuals who participate in, or may be
affected by, the Nation's educational system.
`(C) The Secretary may carry out the program authorized by this subsection
through the award of grants, contracts, or cooperative agreements on a
competitive basis.
`(2) The system authorized by this subsection shall include information
on--
`(A) stimulating instructional materials that are aligned with
challenging content standards; and
`(B) successful and innovative practices in--
`(ii) professional development;
`(iii) challenging academic content and student performance
standards;
`(v) effective school management; and
`(vi) such other areas as the Secretary determines are
appropriate.
`(3)(A) The Secretary may require the technical assistance providers
funded under this part, or under subpart 2 of part B of title III, or the
educational laboratories and clearinghouses of the Educational Resources
Information Center supported under the Educational Research, Development,
Dissemination, and Improvement Act (notwithstanding any other provision of
such part, subpart, or Act), to--
`(i) provide information (including information on practices employed in
the regions or States served by the providers) for use in the system
authorized by this subsection;
`(ii) coordinate their activities in order to ensure a unified system of
technical assistance; or
`(iii) otherwise participate in the system authorized by this
subsection.
`(B) The Secretary shall ensure that--
`(i) the dissemination activities authorized under this subsection are
integrated with, and do not duplicate, the dissemination activities of the
Office of Educational Research and Improvement; and
`(ii) the public has access, through the system authorized by this
subsection, to the latest research, statistics, and other information
supported by, or available from, such Office.
`(b) ADDITIONAL ACTIVITIES- The Secretary is authorized to carry out
additional activities, using advanced telecommunications technologies where
appropriate, to assist local educational agencies, State educational agencies,
tribes, and other recipients of funds under this Act in meeting the
requirements of the Government Performance and Results Act of 1993. Such
assistance may include information on measuring and benchmarking program
performance and student outcomes.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 2432. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.
`Subpart 4--National Evaluation Activities
`NATIONAL EVALUATION ACTIVITIES
`SEC. 2441. The Secretary shall conduct, directly or through grants,
contracts, or cooperative agreements, such activities as the Secretary
determines necessary to--
`(1) determine what constitutes effective technical assistance;
`(2) evaluate the effectiveness of the technical assistance and
dissemination programs authorized by, or assisted under, this part and the
educational laboratories, and clearinghouses of the Educational Resources
Information Center, supported under the Educational Research, Development,
Dissemination, and Improvement Act (notwithstanding any other provision of
such Act); and
`(3) increase the effectiveness of such programs.'.
TITLE III--TECHNOLOGY FOR EDUCATION
SHORT TITLE
SEC. 301. Section 3101 of the ESEA is amended by striking out `of
1994'.
FINDINGS
SEC. 302. Section 3111 of the ESEA is amended--
(1) by amending paragraph (1) to read as follows:
`(A) support education improvement efforts by expanding available
resources and reshaping instruction, teaching, and learning environments;
and
`(B) when used effectively and aligned with challenging State academic
content and performance standards, support teacher capacity to create
classrooms where students develop higher-order thinking and information
technology skills;';
(2) by amending paragraph (3) to read as follows:
`(3) the Federal Government--
`(A) has played an integral role in expanding and improving access to
technology as an important tool for teaching and learning; and
`(B) can continue to serve as a catalyst in bringing effective uses
for education technology to the classroom by providing support
for--
`(i) access to technology;
`(ii) the development of educational software and web-based learning
resources; and
`(iii) sustained and intensive, high- quality professional
development that is aligned with challenging State academic content and
performance standards;';
(3) by amending paragraph (5) to read as follows:
`(5) a 1996 Department of Commerce study found that, by the year 2000,
60 percent of all jobs will require computer-related skills, and other
studies show that women and some minorities are underrepresented in the
information technology workforce;
(4) by striking out paragraph (7);
(5) in paragraph (8), by striking out `acquisition and maintenance' and
inserting in lieu thereof `acquisition, maintenance, and ongoing
support';
(6) by striking out paragraphs (9) and (11);
(7) in paragraph (12), by adding `and' at the end thereof;
(8) by striking out paragraph (13);
(9) by amending paragraph (14) to read as follows:
`(14) the rapidly changing nature of technology, among other factors,
requires the Department to maintain a leadership role in developing a
national vision and strategies for bringing effective technology
applications and practices to all classrooms and all educational programs
through such activities as--
`(A) developing and carrying out a strategy for an ongoing evaluation
of existing and anticipated future uses of educational technology to
better inform the Federal role in supporting the use of educational
technology, stimulate reform and innovation in teaching and learning with
technology, and further the development of advanced technology;
`(B) evaluating and assessing technology programs;
`(C) disseminating information;
`(D) coordinating with public and private partnerships; and
`(E) convening expert panels to identify effective uses of educational
technology;';
(10) by striking out paragraph (15);
(11) by redesignating paragraphs (2), (3), (4), (5), (6), (8), (10),
(12), and (14) as paragraphs (4), (5), (9), (10), (15), (16), (17), (18),
and (19), respectively;
(12) by inserting immediately after paragraph (1) the following new
paragraphs:
`(2) the cost of processing, storing, and transmitting information
continues to plummet, making new advances in computer and telecommunications
technology more available to schools;
`(3) by providing students with a rapidly expanding educational resource
base, and a unique means of developing content knowledge, improvements in
software and other technology applications (such as high-quality video,
voice recognition, modeling and simulation, and intelligent tutoring and
virtual reality tools), have increased student opportunities for meaningful
exploration and discovery;';
(13) by inserting immediately after paragraph (5) (as redesignated by
paragraph (11)) the following new paragraphs:
`(6) poor children are less likely than their wealthier peers to have
access to a computer at home, and to attend a school in which teachers use
technology to develop technical and higher-order thinking skills;
`(7) public schools have made significant progress toward meeting the
goal of connecting every school to the Internet, with the percentage of
schools that are connected to the Internet increasing from 35 percent in
1994 to 89 percent in 1998 and nearly doubling between 1997 and 1998, but a
gap continues to exist between wealthy and poor schools in the extent to
which classrooms are connected to the Internet and the manner in which
technology is used to support instruction;
`(8) the E-Rate and other Federal education technology initiatives are
significantly increasing the number of classrooms connected to the Internet
and providing affordable access to advanced telecommunications;'; and
(14) by inserting immediately after paragraph (10) (as redesignated by
paragraph (11)) the following new paragraphs:
`(11) because girls of all ethnicities consistently rate themselves
significantly lower than boys on computer ability, and are less likely to
experiment with technology and enroll in advanced computer science courses,
the Federal Government should encourage States, local educational agencies,
and teachers to consider the needs of girls and women to obtain technical
proficiency, so that they can compete in an increasingly technological
society;
`(12) the Federal Government should support efforts to ensure the
accessibility of all educational technology, not just assistive technology,
to students with disabilities through strategies such as universal
design;
`(13) although 25 States have some requirement for computer education
for teacher licensure, only two States require teacher candidates to show
that they can use technology, and only three States require participation in
technology training, as a prerequisite for license renewal;
`(14) according to a 1998 National Center for Education Statistics
survey, only 20 percent of full-time K-12 teachers feel fully prepared to
integrate technology into classroom instruction;'.
STATEMENT OF PURPOSE
SEC. 303. Section 3112 of the ESEA is amended to read as follows:
`STATEMENT OF PURPOSE
`SEC. 3112. To help all students to develop technical and higher-order
thinking skills and to achieve to challenging State academic content and
performance
standards, as well as America's Education Goals, it is the purpose of this
title to--
`(1) help provide all classrooms with access to educational technology
through support for the acquisition of advanced multimedia computers,
Internet connections, and other technologies;
`(2) help ensure access to, and effective use of, educational technology
in all classrooms through the provision of sustained and intensive,
high-quality professional development that improves teachers' capability to
integrate educational technology effectively into their classrooms by
actively engaging students and teachers in the use of technology;
`(3) help improve the capability of teachers to design and construct new
learning experiences using technology, and actively engage students in that
design and construction;
`(4) support efforts by State educational agencies and local educational
agencies to create learning environments designed to prepare students to
achieve to challenging State academic content and performance standards
through the use of research-based teaching practices and advanced
technologies;
`(5) support technical assistance to State educational agencies, local
educational agencies, and communities to help them use technology-based
resources and information systems to support school reform and meet the
needs of students and teachers;
`(6) support the development of applications that make use of such
technologies as advanced telecommunications, hand-held devices, web-based
learning resources, distance learning networks, and modeling and simulation
software;
`(7) support Federal partnerships with business and industry to realize
more rapidly the potential of digital communications to expand the scope of,
and opportunities for, learning;
`(8) support evaluation and research on the effective use of technology
in preparing all students to achieve to challenging State academic content
and performance standards, and the impact of technology on teaching and
learning;
`(9) provide national leadership to stimulate and coordinate public and
private efforts, at the national, State, and local levels, that support the
development and integration of advanced technologies and applications to
improve school planning and classroom instruction;
`(10) support the development, or redesign, of teacher preparation
programs to enable prospective teachers to integrate the use of technology
in teaching and learning;
`(11) increase the capacity of State and local educational agencies to
improve student achievement, particularly that of students in high-poverty,
low-performing schools;
`(12) promote the formation of partnerships and consortia to stimulate
the development of, and new uses for, technology in teaching and
learning;
`(13) support the creation or expansion of community technology centers
that will provide disadvantaged residents of economically distressed urban
and rural communities with access to information technology and related
training; and
`(14) help to ensure that technology is accessible to, and usable by,
all students, particularly students with disabilities or limited English
proficiency.'.
PROHIBITION AGAINST SUPPLANTING
SEC. 304. (a) Section 3113 of the ESEA is repealed.
(b) Title III of the ESEA is further amended by inserting immediately
after section 3112 the following new section:
`SUPPLEMENT, NOT SUPPLANT
`SEC. 3113. A recipient of funds awarded under this title shall use such
funds only to supplement the amount of funds or resources that would, in the
absence of such Federal funds, be made available from non-Federal sources for
the purposes of the programs authorized under this title, and not to supplant
such non-Federal funds or resources.'.
Part A--Federal Leadership and National Activities
STRUCTURE OF PART
SEC. 311. Part A of title III of the ESEA is amended--
(1) by striking out the part heading and designation thereof;
(2) by striking out the subpart headings and designations for subparts
1, 2, and 3 thereof;
(3) by repealing subpart 4; and
(4) by inserting immediately before section 3121 the following new part
designation and heading:
`Part A--Federal Leadership and National Activities'.
NATIONAL LONG-RANGE TECHNOLOGY PLAN
SEC. 312. Section 3121 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) IN GENERAL- Not later than one year after the date of enactment of
the Educational Excellence for All Children Act of 1999, the Secretary shall
update the national long-range educational technology plan and broadly
disseminate the updated plan.'; and
(A) in the matter preceding paragraph (1), by inserting `updated'
immediately before `national';
(i) by striking out `section 3123' and inserting in lieu thereof
`section 3101'; and
(ii) by striking out `and' at the end thereof;
(C) in paragraph (8), by striking out the period at the end thereof
and inserting in lieu thereof a semicolon and `and';
(D) by redesignating paragraphs (7) and (8) as paragraphs (9) and
(10), respectively;
(E) by inserting immediately after paragraph (6) the following new
paragraphs:
`(7) how the Secretary will promote the full integration of technology
into learning, including the creation of new instructional opportunities
through access to challenging courses and information that would otherwise
not have been available, and independent learning opportunities for students
through technology;
`(8) how the Secretary will encourage the creation of opportunities for
teachers to develop, through the use of technology, their own networks and
resources for sustained and intensive, high-quality professional
development;'; and
(F) by inserting immediately after paragraph (10) (as redesignated by
subparagraph (D)) the following new paragraph:
`(11) how the Secretary will encourage the commercial development of
effective, high-quality, cost-competitive educational technology and
software.'.
FEDERAL LEADERSHIP
SEC. 313. Section 3122 of the ESEA is amended--
(1) in subsection (a), by striking out `United States National
Commission on Libraries and Information Sciences,' and inserting in lieu
thereof `White House Office of Science and Technology Policy,';
(2) in subsection (b)(1), by striking out `in accordance with' through
the end thereof and inserting in lieu thereof a period; and
(A) by striking out paragraph (4) and inserting in lieu thereof the
following new paragraph:
`(4) the development of a national repository of information on the
effective uses of educational technology, including its use for sustained
and intensive, high-quality professional development, and the dissemination
of that information nationwide;'; and
(B) in paragraph (7), by striking out `existing technology' and
inserting in lieu thereof `technology and innovative tools'.
REPEAL; REDESIGNATIONS; AUTHORIZATION OF APPROPRIATIONS
SEC. 314. (a) Sections 3114, 3115, and 3123 of the ESEA are repealed.
(b) Title III of the ESEA is further amended--
(1) by redesignating sections 3101, 3111, 3112, 3113, 3121, and 3122 as
sections 3001, 3002, 3003, 3004, 3102, and 3103, respectively; and
(2) by inserting immediately before section 3102 (as redesignated by
paragraph (1)) the following new section:
`NATIONAL EVALUATION OF EDUCATION TECHNOLOGY
`SEC. 3101. (a) National Evaluation-
`(1) IN GENERAL- In order to better inform the Federal role in
supporting the use of educational technology, in stimulating reform and
innovation in teaching and learning with technology, and in advancing the
development of more advanced and new types and applications of such
technology, the Secretary shall--
`(A) develop, within 12 months of the date of enactment of the
Educational Excellence for All Children Act of 1999, a strategy for an
ongoing evaluation of existing and anticipated future uses of educational
technology; and
`(B) carry out such an evaluation.
`(2) ACTIVITIES AUTHORIZED- From the funds reserved under subsection
(b), the Secretary may--
`(A) conduct long-term controlled studies on the effectiveness of the
uses of educational technology;
`(B) convene panels of experts to--
`(i) identify uses of educational technology that hold the greatest
promise for improving teaching and learning;
`(ii) assist the Secretary with the review and assessment of the
progress and effectiveness of projects that are funded under this title;
and
`(iii) identify barriers to the commercial development of effective,
high-quality, cost-competitive educational technology and
software;
`(C) conduct evaluations and applied research studies that
examine--
`(i) how students learn using educational technology, whether singly
or in groups, and across age groups, student populations (including
students with special needs, such as students with limited English
proficiency and students with disabilities) and settings;
and
`(ii) the characteristics of classrooms and other educational
settings that use educational technology effectively;
`(D) collaborate with other Federal agencies that support research on,
and evaluation of, the use of network technology in educational settings;
and
`(E) carry out such other activities as the Secretary determines
appropriate.
`(b) AVAILABILITY OF TITLE III FUNDS FOR EVALUATION- Notwithstanding any
other provision of this title, the Secretary may use up to 4 percent of the
funds appropriated to carry out this title for any fiscal year to carry out
the activities described in subsection (a) for that fiscal year.'; and
(3) by inserting immediately after section 3103 (as redesignated by
paragraph (1)) the following new section:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3104. For purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for fiscal year 2001 and for
each of the four succeeding fiscal years.'.
Part B--Special Projects
REPEALS; REDESIGNATIONS; NEW PART
SEC. 321. (a) Parts B and E of title III of the ESEA are repealed.
(b) Parts C and D of title III of the ESEA are redesignated as subparts 2
and 3 of part B of title III of the ESEA, respectively.
(c) Sections 3301, 3302, 3303, 3304, 3305, 3306, 3307, 3308, 3401, 3402,
and 3403 of the ESEA are redesignated as sections 3221, 3222, 3223, 3224,
3225, 3226, 3227, 3228, 3231, 3232, and 3233, respectively.
(d) Title III of the ESEA is further amended by inserting immediately
after section 3104 (as added by section 314(b)(3) of the bill) the following
new part heading and designation, and the following new subpart:
`Part B--Special Projects
`Subpart 1--Next-Generation Technology Innovation Awards
`PURPOSE; PROGRAM AUTHORITY
`SEC. 3211. (a) PURPOSE- It is the purpose of this subpart to--
`(1) expand the knowledge base about the use of the next generation of
advanced computers and telecommunications in delivering new applications for
teaching and learning;
`(2) address questions of national significance about the next
generation of technology and its use to improve teaching and learning;
and
`(3) develop, for wide-scale adoption by State educational agencies and
local educational agencies, models of innovative and effective applications
of technology to teaching and learning, such as high quality video, voice
recognition devices, modeling and simulation software (particularly
web-based software and intelligent tutoring), hand-held devices, and virtual
reality and wireless technologies, that are aligned with challenging State
academic content and student performance standards.
(1) IN GENERAL- The Secretary is authorized, through the Office of
Educational Technology, to award grants, contracts, or cooperative
agreements on a competitive basis to eligible applicants in order to carry
out the purposes of this subpart.
`(2) PERIOD OF AWARD- The Secretary may award grants, contracts, or
cooperative agreements under this subpart for a period of not more than five
years.
`ELIGIBILITY
`SEC. 3212. (a) ELIGIBLE APPLICANTS- In order to receive an award under
this subpart, an applicant shall, subject to subsection (c)(1), be a
consortium that includes--
`(1) at least one State educational agency or local educational agency;
and
`(2) at least one institution of higher education, for-profit business,
museum, library, or other public or private entity with a particular
expertise that would assist in carrying out the purposes of this
subpart.
`(b) APPLICATION REQUIREMENTS- In order to receive an award under this
subpart, an eligible applicant shall submit an application to the Secretary at
such time, and containing such information, as the Secretary may require. Such
application shall include--
`(1) a description of the proposed project, and how it would carry out
the purposes of this subpart; and
`(2) a detailed plan for the independent evaluation of the project,
which shall include benchmarks to monitor progress toward specific project
objectives.
`(c) PRIORITIES- In making awards under this subpart, the Secretary may
establish one or more priorities consistent with the objectives of this
subpart, including:
`(1) A priority for applicants, the members of which are one or more of
the particular types described in subsection (a)(2).
`(2) A priority for projects that develop innovative models of effective
use of educational technology, including the development of distance
learning networks, software (including software deliverable through the
Internet), and online-learning resources.
`(3) A priority for projects serving more than one State and involving
large-scale innovations in the use of technology in education.
`(4) A priority for projects that develop innovative models that serve
traditionally underserved populations, including low-income students,
students with disabilities, and students with limited English
proficiency.
`(5) A priority for projects in which applicants provide substantial
financial and other resources to achieve the goals of the project.
`(6) A priority for projects that develop innovative models for using
electronic networks to provide challenging courses, such as Advanced
Placement courses.
`USES OF FUNDS
`SEC. 3213. A recipient shall use funds awarded under this subpart to--
`(1) develop new applications of educational technologies and
telecommunications to support school reform efforts, such as wireless and
web-based telecommunications, hand-held devices, web-based learning
resources, distributed learning environments (including distance learning
networks), and the development of educational software and other
applications; and
`(2) carry out other activities consistent with the purposes of this
subpart, such as--
`(A) developing innovative models for improving teachers' ability to
integrate technology effectively into course curriculum, through sustained
and intensive, high-quality professional development;
`(B) developing high-quality, standards- based, digital content,
including multimedia software, digital video, and web-based resources,
such as--
`(i) new technological formats to facilitate deeper subject matter
understanding in particularly challenging learning environments in areas
such as physics, foreign language, or Advanced Placement
courses;
`(ii) computer modeling, visualization, and simulation
tools;
`(iii) new methods for assessing student performance;
`(iv) web-based and other distance learning curricula and related
materials, such as interoperable software components;
`(v) learning-focused digital libraries, information retrieval
systems, and other designs for supporting broad re-use of learning
content; and
`(vi) software that supports the development, modification, and
maintenance of educational materials;
`(C) using telecommunications, and other technologies, to make
programs accessible to students with special needs (such as low-income
students, students with disabilities, students in remote areas, and
students with limited English proficiency) through such activities as
using technology to support mentoring;
`(D) providing classroom and extracurricular opportunities for female
students to explore the different uses of technology;
`(E) promoting school-family partnerships, which may include services
for adults and families, particularly parent education programs that
provide parents with training, information, and support on how to help
their children achieve to high academic standards;
`(F) acquiring connectivity linkages, resources, distance learning
networks, and services, including hardware and software, as needed to
accomplish the goals of the project; and
`(G) collaborating with other Department of Education and Federal
information technology research and development programs.
`EVALUATION
`SEC. 3214. The Secretary is authorized to--
`(1) develop tools and provide resources for recipients of funds under
this subpart to evaluate their activities;
`(2) provide technical assistance to assist recipients of funds under
this subpart in evaluating their projects;
`(3) conduct independent evaluations of the activities assisted under
this subpart; and
`(4) disseminate findings and methodologies from evaluations of
activities assisted under this subpart, or other information obtained from
such projects that would promote the design, replication, or implementation
of effective models for evaluating the impact of educational technology on
teaching and learning.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3215. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
READY-TO-LEARN DIGITAL TELEVISION
SEC. 322. (a) Subpart 2 of part C of title III of the ESEA (as
redesignated by section 321(b) of the bill) is further amended, in the heading
thereof, by inserting `Digital' immediately before `Television'.
(b) Section 3221(a) of the ESEA (as redesignated by section 321(c) of the
bill) is amended by striking out `section 3302(b)' and `the National Education
Goals.' and inserting in lieu thereof `section 3222(b)' and `America's
Education Goals.', respectively.
(c) Section 3222(a)(2) of the ESEA (as redesignated by section 321(c) of
the bill) is amended by striking out `and those funded under the Star Schools
Act'.
(d) Section 3223(2) of the ESEA (as redesignated by section 321(c) of the
bill) is amended by striking out `part' each place it appears and inserting in
lieu thereof `subpart' in each such place.
(e) Section 3224 of the ESEA (as redesignated by section 321(c) of the
bill) is amended by striking out `section 3301 or 3303' and inserting in lieu
thereof `section 3221 or 3223'.
(f) Section 3225 of the ESEA (as redesignated by section 321(c) of the
bill) is amended--
(1) in subsection (a), by striking out `section 3201' and inserting in
lieu thereof `section 3221'; and
(A) in paragraph (1), by striking out `section 3302(a); and' and
inserting in lieu thereof `section 3222(a); and'; and
(B) in paragraph (2), by striking out `section 3303(3),' and inserting
in lieu thereof `section 3223(3),'.
(g) Section 3226 of the ESEA (as redesignated by section 321(c) of the
bill) is amended by striking out `section 3302,' and inserting in lieu thereof
`section 3222,'.
(h) Section 3228 of the ESEA (as redesignated by section 321(c) of the
bill) is amended--
(1) in subsection (a), by striking out `part, $30,000,000 for fiscal
year 1995, and such sums as may be necessary' and `section 3302.' and
inserting in lieu thereof `subpart, such sums as may be necessary for fiscal
year 2001 and' and `section 3222', respectively; and
(2) in subsection (b), by striking out `section 3303(1)(C).' and
inserting in lieu thereof `section 3223(1)(C).'.
TELECOMMUNICATIONS PROGRAM FOR PROFESSIONAL DEVELOPMENT IN THE CORE CONTENT
AREAS
SEC. 323. (a) Subpart 3 of part B of title III of the ESEA (as
redesignated by section 321(b) of the bill) is further amended by amending the
subpart heading to read as follows: `Telecommunications Program for
Professional Development in the Core Content Areas'.
(b) Section 3231 of the ESEA (as redesignated by section 321(c) of the
bill) is amended to read as follows:
`PURPOSE; PROGRAM AUTHORITY
`SEC. 3231. (a) PURPOSE- It is the purpose of this subpart to assist
elementary and secondary school teachers in preparing all students to achieve
to challenging State academic content and performance standards through a
national telecommunications-based program to improve teaching in core content
areas.
`(b) PROGRAM AUTHORITY- From funds appropriated to carry out this subpart,
the Secretary may make grants to nonprofit telecommunications entities, or
partnerships of such entities, to carry out the purposes of this subpart.'.
(c) Section 3232 of the ESEA (as redesignated by section 321(c) of the
bill) is amended--
(A) in the matter preceding paragraph (1), by striking out `part' and
inserting in lieu thereof `subpart';
(B) in paragraph (1), by striking out `existing publicly funded
telecommunications infrastructure to deliver video, voice and data' and
inserting in lieu thereof `public broadcasting infrastructure, digital
libraries, and emerging school networks to deliver video and web-based
resources'; and
(C) in paragraph (2), by striking out `State or local' through the end
thereof and inserting in lieu thereof `national, State, or local nonprofit
public communications entities, institutions of higher education, museums,
libraries, and national education professional associations that have
developed content standards in the core content areas;'; and
(A) in the heading thereof, by striking out `DEMONSTRATION' and
inserting in lieu thereof `PROJECT'; and
(B) by striking out `assure that the demonstration project authorized
by this part is' and inserting in lieu thereof `ensure that the projects
carried out under this subpart are'.
(d) Section 3233 of the ESEA (as redesignated by section 321(c) of the
bill) is amended by striking out `part, $5,000,000 for the fiscal year 1995,
and such sums as may be necessary' and inserting in lieu thereof `subpart,
such sums as may be necessary for fiscal year 2001 and'.
COMMUNITY TECHNOLOGY CENTERS
SEC. 324. Part B of Title III of the ESEA (as amended by section 321 of
the bill) is further amended by adding immediately at the end thereof the
following new subpart:
`Subpart 4--Community Technology Centers
`PURPOSE; PROGRAM AUTHORITY
`SEC. 3241. (a) PURPOSE- It is the purpose of this subpart to assist
eligible applicants to--
`(1) create or expand community technology centers that will provide
disadvantaged residents of economically distressed urban and rural
communities with access to information technology and related training;
and
`(2) provide technical assistance and support to community technology
centers.
`(1) IN GENERAL- The Secretary is authorized, through the Office of
Educational Technology, to award grants, contracts, or cooperative
agreements on a competitive basis to eligible applicants in order to assist
them in--
`(A) creating or expanding community technology centers; or
`(B) providing technical assistance and support to community
technology centers.
`(2) PERIOD OF AWARD- The Secretary may award grants, contracts, or
cooperative agreements under this subpart for a period of not more than
three years.
`ELIGIBILITY AND APPLICATION REQUIREMENTS
`SEC. 3242. (a) ELIGIBLE APPLICANTS- In order to be eligible to receive an
award under this subpart, an applicant shall--
`(1) have the capacity to expand significantly access to computers and
related services for disadvantaged residents of economically distressed
urban and rural communities (who would otherwise be denied such access);
and
`(A) an entity such as a foundation, museum, library, for-profit
business, public or private nonprofit organization, or community-based
organization;
`(B) an institution of higher education;
`(C) a State educational agency;
`(D) a local education agency; or
`(E) a consortium of entities described in subparagraphs (A), (B),
(C), or (D).
`(b) APPLICATION REQUIREMENTS- In order to receive an award under this
subpart, an eligible applicant shall submit an application to the Secretary at
such time, and containing such information, as the Secretary may require. Such
application shall include--
`(1) a description of the proposed project, including a description of
the magnitude of the need for the services and how the project would expand
access to information technology and related services to disadvantaged
residents of an economically distressed urban or rural community;
`(2) a demonstration of--
`(A) the commitment, including the financial commitment, of entities
such as institutions, organizations, business and other groups in the
community that will provide support for the creation, expansion, and
continuation of the proposed project; and
`(B) the extent to which the proposed project establishes linkages
with other appropriate agencies, efforts, and organizations providing
services to disadvantaged residents of an economically distressed urban or
rural community;
`(3) a description of how the proposed project would be sustained once
the Federal funds awarded under this subpart end; and
`(4) a plan for the evaluation of the program, which shall include
benchmarks to monitor progress toward specific project objectives.
`(c) MATCHING REQUIREMENTS- The Federal share of the cost of any project
funded under this subpart shall not exceed 50 percent. The non-Federal share
of such project may be in cash or in kind, fairly evaluated, including
services.
`USES OF FUNDS
`SEC. 3243. (a) REQUIRED USES- A recipient shall use funds under this
subpart for--
`(1) creating or expanding community technology centers that expand
access to information technology and related training for disadvantaged
residents of distressed urban or rural communities; and
`(2) evaluating the effectiveness of the project.
`(b) PERMISSIBLE USES- A recipient may use funds under this subpart for
activities, described in its application, that carry out the purposes of this
subpart, such as--
`(1) supporting a center coordinator, and staff, to supervise
instruction and build community partnerships;
`(2) acquiring equipment, networking capabilities, and infrastructure to
carry out the project; and
`(3) developing and providing services and activities for community
residents that provide access to computers, information technology, and the
use of such technology in support of pre-school preparation, academic
achievement, lifelong learning, and workforce development, such as the
following:
`(A) After-school activities in which children and youths use software
that provides academic enrichment and assistance with homework, develop
their technical skills, explore the Internet, and participate in
multimedia activities, including web page design and creation.
`(B) Adult education and family literacy activities through technology
and the Internet, including--
`(i) General Education Development, English as a Second Language,
and adult basic education classes or programs;
`(ii) introduction to computers;
`(iii) intergenerational activities; and
`(iv) lifelong learning opportunities.
`(C) Career development and job preparation activities, such
as--
`(i) training in basic and advanced computer skills;
`(ii) resume writing workshops; and
`(iii) access to databases of employment opportunities, career
information, and other online materials.
`(D) Small business activities, such as--
`(i) computer-based training for basic entrepreneurial skills and
electronic commerce; and
`(ii) access to information on business start-up programs that is
available online, or from other sources.
`(E) Activities that provide home access to computers and technology,
such as assistance and services to promote the acquisition, installation,
and use of information technology in the home through low-cost solutions
such as networked computers, web-based television devices, and other
technology.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3244. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
Part C--Preparing Tomorrow's Teachers To Use Technology
NEW PART
SEC. 331. Title III of the ESEA is further amended by adding immediately
after subpart 4 of part B of such title (as added by section 324 of the bill)
the following new part:
`Part C--Preparing Tomorrow's Teachers To Use Technology
`PURPOSE; PROGRAM AUTHORITY
`SEC. 3301. (a) PURPOSE- It is the purpose of this part to assist
consortia of public and private entities in carrying out programs that prepare
prospective teachers to use advanced technology to foster learning
environments conducive to preparing all students to achieve to challenging
State and local content and student performance standards.
`(1) IN GENERAL- The Secretary is authorized, through the Office of
Educational Technology, to award grants, contracts, or cooperative
agreements on a competitive basis to eligible applicants in order to assist
them in developing or redesigning teacher preparation programs to enable
prospective teachers to use technology effectively in their
classrooms.
`(2) PERIOD OF AWARD- The Secretary may award grants, contracts, or
cooperative agreements under this part for a period of not more than five
years.
`ELIGIBILITY
`SEC. 3302. (a) ELIGIBLE APPLICANTS- In order to receive an award under
this part, an applicant shall be a consortium that includes--
`(1) at least one institution of higher education that offers a
baccalaureate degree and prepares teachers for their initial entry into
teaching;
`(2) at least one State educational agency or local educational agency;
and
`(3) one or more of the following entities:
`(A) An institution of higher education (other than the institution
described in paragraph (1)).
`(B) A school or department of education at an institution of higher
education.
`(C) A school or college of arts and sciences at an institution of
higher education.
`(D) A private elementary or secondary school.
`(E) A professional association, foundation, museum, library,
for-profit business, public or private nonprofit organization,
community-based organization, or other entity with the capacity to
contribute to the technology-related reform of teacher preparation
programs.
`(b) APPLICATION REQUIREMENTS- In order to receive an award under this
part, an eligible applicant shall submit an application to the Secretary at
such time, and containing such information, as the Secretary may require. Such
application shall include--
`(1) a description of the proposed project, including how the project
would ensure that individuals participating in the project would be prepared
to use technology to create learning environments conducive to preparing all
students to achieve to challenging State and local content and student
performance standards;
`(2) a demonstration of--
`(A) the commitment, including the financial commitment, of each of
the members of the consortium; and
`(B) the active support of the leadership of each member of the
consortium for the proposed project;
`(3) a description of how each member of the consortium would be
included in project activities;
`(4) a description of how the proposed project would be continued once
the Federal funds awarded under this part end; and
`(5) a plan for the evaluation of the program, which shall include
benchmarks to monitor progress toward specific project objectives.
`(c) MATCHING REQUIREMENTS-
`(1) IN GENERAL- The Federal share of the cost of any project funded
under this part shall not exceed 50 percent. Except as provided in paragraph
(2), the non-Federal share of such project may be in cash or in kind, fairly
evaluated, including services.
`(2) ACQUISITION OF EQUIPMENT- Not more than 10 percent of the funds
awarded for a project under this part may be used to acquire equipment,
networking capabilities or infrastructure, and the non-Federal share of the
cost of any such acquisition shall be in cash.
`USES OF FUNDS
`SEC. 3303. (a) REQUIRED USES- A recipient shall use funds under this part
for--
`(1) creating programs that enable prospective teachers to use advanced
technology to create learning environments conducive to preparing all
students to achieve to challenging State and local content and student
performance standards; and
`(2) evaluating the effectiveness of the project.
`(b) PERMISSIBLE USES- A recipient may use funds under this part for
activities, described in its application, that carry out the purposes of this
part, such as--
`(1) developing and implementing high-quality teacher preparation
programs that enable educators to--
`(A) learn the full range of resources that can be accessed through
the use of technology;
`(B) integrate a variety of technologies into the classroom in order
to expand students' knowledge;
`(C) evaluate educational technologies and their potential for use in
instruction; and
`(D) help students develop their own technical skills and digital
learning environments;
`(2) developing alternative teacher development paths that provide
elementary and secondary schools with well-prepared, technology-proficient
educators;
`(3) developing performance-based standards and aligned assessments to
measure the capacity of prospective teachers to use technology effectively
in their classrooms;
`(4) providing technical assistance to other teacher preparation
programs;
`(5) developing and disseminating resources and information in order to
assist institutions of higher education to prepare teachers to use
technology effectively in their classrooms; and
`(6) subject to section 3302(c)(2), acquiring equipment, networking
capabilities, and infrastructure to carry out the project.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3304. For purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for fiscal year 2001 and for
each of the four succeeding fiscal years.'.
Part D--Regional, State, and Local Educational Technology Resources
NEW PART
SEC. 341. Title III of the ESEA is further amended by inserting at the end
thereof the following new part heading, subpart heading, and section:
`Part D--Regional, State, and Local Educational Technology Resources
`Subpart 1--Technology Literacy Challenge Fund
`PURPOSE
`SEC. 3411. It is the purpose of this subpart to increase the capacity of
State and local educational agencies to improve student achievement,
particularly that of students in high-poverty, low-performing schools, by
supporting State and local efforts that--
`(1) make effective use of new technologies and technology applications,
networks, and electronic learning resources;
`(2) utilize research-based teaching practices that are linked to
advanced technologies; and
`(3) promote sustained and intensive, high- quality professional
development that increases teacher capacity to create improved learning
environments through the integration of educational technology into
instruction.'.
ALLOTMENT AND REALLOTMENT
SEC. 342. Section 3131(a)(2) of the ESEA is amended--
(1) by inserting `(including, for purposes of this subpart, the Bureau
of Indian Affairs)' immediately after `State educational agency'; and
(2) by striking out the period at the end thereof and inserting a comma
and `except that such minimum shall apply to the aggregate of grants
received under this subpart by the outlying areas for a fiscal year.'.
TECHNOLOGY LITERACY CHALLENGE FUND
SEC. 343. Section 3132 of the ESEA is amended--
(1) by amending the heading thereof to read as follows:
`TECHNOLOGY LITERACY CHALLENGE FUND';
(2) by amending subsection (a)(2) to read as follows:
`(2) USE OF GRANTS- (A) Each State educational agency that receives a
grant under paragraph (1) shall use--
`(i) not less than 95 percent of the grant funds received to award, on
a competitive basis, subgrants to eligible local applicants, as defined in
section 3417, for use in creating new learning environments designed to
prepare all students, including students with disabilities or limited
English proficiency, to achieve to challenging State academic content and
performance standards through the use of research-based teaching practices
and advanced technologies; and
`(ii) subject to subparagraph (C), the remainder of the grant funds
for administrative costs and technical assistance.
`(B) In awarding subgrants under subparagraph (A)(i), a State
educational agency shall give priority to an eligible local applicant that
is a partnership that meets the requirements of section 3417(1)(B).
`(C) From the funds described in subparagraph (A)(i), a State
educational agency may use not more than 2 percent of the grant funds
received by that agency under this subpart to provide planning subgrants to
eligible local applicants in order to assist them to develop strategic
long-term local technology plans that shall be included in the application
for a subgrant under section 3416(1).'; and
(3) by amending subsection (b)(2) to read as follows:
`(2) provide eligible local applicants with assistance in--
`(A) developing applications under section 3416;
`(B) forming partnerships among the entities described in section
3417(1)(B); and
`(C) establishing performance indicators and methods for measuring
program outcomes against the indicators.'.
STATE APPLICATION
SEC. 344. Section 3133 of the ESEA is amended to read as follows:
`STATE APPLICATION
`SEC. 3133. To receive funds under this subpart, a State educational
agency shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may reasonably
require. As part of its application, a State educational agency shall submit a
new or updated statewide educational
technology plan. The plan submitted shall demonstrate how it will be
coordinated with and support the State plan or policies for comprehensive
standards-based education reform, and shall describe--
`(1) how the State educational agency will meet the national technology
goals that--
`(A) all teachers in the Nation will have the training and support
they need to help students learn using computers and the information
superhighway;
`(B) all teachers and students will have modern multimedia computers
in their classrooms;
`(C) every classroom will be connected to the information
superhighway; and
`(D) effective software and online learning resources will be an
integral part of every school's curriculum;
`(2) the State educational agency's long-term strategies for financing
educational technology in the State, including how the State educational
agency will use other sources of Federal and non-Federal funds, including
the E-Rate, for this purpose;
`(3) the State educational agency's criteria for identifying, for
purposes of section 3317(1)(A), a local educational agency as high-poverty,
serving at least one low-performing school, and having a substantial need
for technology, and how the State educational agency will report to the
public the criteria to be used and the outcome of the competition;
`(4) the State educational agency's specific goals for using advanced
technology to improve student achievement to challenging State academic
content and performance standards by--
`(A) using web-based resources and telecommunications networks to
provide challenging content and improve classroom instruction;
`(B) using research-based teaching practices and models of effective
uses of advanced technology; and
`(C) promoting sustained and intensive, high-quality professional
development that increases teacher capacity to create improved learning
environments through the integration of technology into
instruction;
`(5) the State educational agency's performance indicators for each of
the goals described in paragraphs (1), (2), and (4) and included in its
plan, baseline performance data for the indicators, a timeline for achieving
the goals, and interim measures of success toward achieving the goals;
`(6) how the State educational agency will ensure that grants to
eligible local applicants are of sufficient size, scope, and quality to meet
the purposes of this subpart effectively;
`(7) how the State educational agency will provide technical assistance
to eligible local applicants, and its capacity for providing such
assistance;
`(8) how the State educational agency will ensure that educational
technology is accessible to, and usable by, all students, including students
with special needs, such as students who have disabilities or limited
English proficiency; and
`(9) how the State educational agency will evaluate its activities under
the plan.'.
LOCAL USES OF FUNDS
SEC. 345. Section 3134 of the ESEA is amended to read as follows:
`LOCAL USES OF FUNDS
`SEC. 3134. Each eligible local applicant shall use the funds made
available under section 3413(a)(2)(i) for one or more of the following
activities:
`(1) Adapting or expanding existing and new applications of technology
to enable teachers to create learning environments designed to prepare
students to achieve to challenging State academic content and student
performance standards through the use of research-based teaching practices
and advanced technologies.
`(2) Providing sustained and intensive, high-quality professional
development in the integration of advanced technologies into curriculum and
in using those technologies to create new learning environments, including
training in the use of technology to access data and resources to develop
curricula and instructional materials.
`(3) Enabling teachers to use the Internet to communicate with other
teachers and retrieve web-based learning resources.
`(4) Using technology to collect, manage, and analyze data to inform
school improvement efforts.
`(5) Acquiring wireless telecommunications, hand-held devices, modeling
or simulation tools, distance learning networks, and other advanced
technologies with classroom applications.
`(6) Acquiring wiring and access to advanced telecommunications.
`(7) Using web-based learning resources, including those that provide
access to challenging courses such as Advanced Placement courses.
`(8) Assisting schools to use technology to promote parent and family
involvement, and support communications between family and school.'.
LOCAL APPLICATIONS
SEC. 346. Section 3135 of the ESEA is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting the subsection designation and heading `(a) IN
GENERAL- ' immediately after the section heading; and
(B) by striking out `local educational agency' and `section
3132(a)(2)' and inserting in lieu thereof `eligible local applicant' and
`section 3413(a)(2)', respectively;
(A) by amending subparagraph (A) to read as follows:
`(A) a description of how the applicant plans to improve the
achievement of all students by--
`(i) making effective use of new technologies, networks, and
electronic learning resources;
`(ii) using research-based teaching practices that are linked to
advanced technologies; and
`(iii) promoting sustained and intensive, high-quality professional
development that increases the capacity of teachers to create improved
learning environments through the integration of educational technology
into instruction.';
(B) by striking out subparagraph (B);
(C) by amending subparagraphs (C), (D), and (E) to read as
follows:
`(C) a description of the applicant's goals regarding the use of
educational technology to meet the purposes of this subpart, as well as
the applicant's baseline data, timelines, benchmarks, and indicators of
success for meeting these goals;
`(D) a description of how the applicant will ensure sustained and
intensive, high-quality professional development for teachers,
administrators, and other educational personnel to further the use of
technology in the classroom;
`(E) a description of the administrative and technical support that
the applicant will provide schools;';
(D) in subparagraph (G), by striking out `and' at the end
thereof;
(E) by amending subparagraph (H) to read as follows:
`(H) a description of the applicant's strategy for financing its
strategic, long-term local technology plan, including the use of other
Federal and non-Federal funds;'--
(F) by redesignating subparagraphs (D), (E), (F), (G), and (H) as
subparagraphs (E), (F), (G), (H), and (I), respectively;
(G) by adding at the end thereof the following new
subparagraphs:
`(J) a description of how the applicant will use advanced technology
to promote communication between teachers for activities such
as--
`(i) sharing examples of student work;
`(ii) developing instructional strategies;
`(iii) developing curricula aligned with State or local
standards;
`(iv) using data to improve teaching and learning; and
`(K) a description of how the applicant would use technology to
improve the teaching and learning of students with special needs, such as
students with disabilities or limited English proficiency.'.
(3) by amending paragraph (2) to read as follows:
`(2) describe how the applicant included parents, public libraries,
business leaders, and community leaders in the development of the strategic
long-term local technology plan described in paragraph (1);';
(4) in paragraph (3), by striking out `and' at the end thereof;
(5) in paragraph (4)(B), by striking out `National Education Goals' and
inserting in lieu thereof `America's Education Goals';
(6) by redesignating paragraph (4) as paragraph (8);
(7) by inserting immediately after paragraph (3) the following new
paragraphs:
`(4) describe how the applicant would use subgrant funds to benefit
low-performing schools;
`(5) describe how the applicant will ensure that technology is
accessible to, and usable by, all students, particularly students with
disabilities or limited English proficiency;
`(6) include an assurance that, before any funds received under this
part are used for acquiring wiring or access to advanced telecommunications,
the applicant will use all resources available to it through the
E-Rate;
`(7) if the applicant is a partnership, describe the members of the
partnership, their respective roles, and their respective contributions to
improving the capacity of the local educational agency; and';
(8) by striking out subsection (d);
(9) in subsection (e), by striking out `local educational agency' and
`under this Act or the Goals 2000: Educate America Act,' and inserting in
lieu thereof `eligible local applicant' and `under this Act,', respectively;
and
(10) by redesignating subsection (e) as subsection (b).
REPEALS; CONFORMING CHANGES; REDESIGNATIONS
SEC. 347. (a) Sections 3136 and 3137 of the ESEA are repealed.
(b)(1) Section 3131(a) of the ESEA is amended--
(A) in paragraph (1), by striking out `section 3114(a)(1)(C)' and
inserting in lieu thereof `section 3418'; and
(B) in paragraph (2), by striking out `section 3115(a)(1)(C)' and
inserting in lieu thereof `section 3418'; and
(2) Section 3132 of the ESEA is amended--
(A) in subsection (a)(1), by striking out `section 3131,' and `section
3133.' and inserting in lieu thereof `section 3412,' and `section 3414.',
respectively; and
(B) in subsection (b)(1)(B), by striking out `section 3133;' and
inserting in lieu thereof `section 3414;'.
(c) Sections 3131, 3132, 3133, 3134, and 3135 of the ESEA are redesignated
as sections 3412, 3413, 3414, 3415, and 3416, respectively.
DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS
SEC. 348. Title III of the ESEA is further amended by adding immediately
after section 3416 (as redesignated by section 347(c) of the bill) the
following new sections:
`DEFINITIONS
`SEC. 3417. For purposes of this subpart--
`(1) `eligible local applicant' means--
`(A) a local educational agency that, as determined by the State
educational agency,--
`(i) is among the local educational agencies in the State with the
highest numbers or percentages of children from households living in
poverty;
`(ii) includes one or more low-performing schools; and
`(iii) has a substantial need for assistance in acquiring and using
technology; or
`(B) a partnership that includes at least one local educational agency
that meets the requirements of subparagraph (A) and at least
one--
`(i) local educational agency that can demonstrate that teachers in
schools served by that agency are using technology effectively in their
classrooms;
`(ii) institution of higher education;
`(iii) for-profit organization that develops, designs, manufactures,
or produces technology products or services, or has substantial
expertise in the application of technology; or
`(iv) public or private non-profit organization with demonstrated
experience in the application of educational technology; and
`(2) `low-performing school' means a school--
`(A) identified by the local educational agency for school improvement
under section 1116(c) of this Act; or
`(B) in which a substantial majority of students fail to meet State
performance standards based on State or local assessments that are aligned
to the performance standards.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3418. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
REGIONAL TECHNOLOGY IN EDUCATION CONSORTIA
SEC. 349. (a) Title III of the ESEA is further amended by inserting
immediately after section 3418 (as added by section 348 of the bill) the
following new subpart designation and heading: `Subpart 2--Regional Technology
in Education Consortia'.
(b) Section 3141 of the ESEA is amended--
(A) by amending the heading thereof to read as follows: `Grants,
Contracts, and Cooperative Agreements Authorized- ';
(B) by amending paragraph (1) to read as follows:
`(1) AUTHORITY- The Secretary, through the Office of Educational
Technology, shall make grants, or enter into contracts or cooperative
agreements, in accordance with the provisions of this subpart, to consortia
that meet the requirements of paragraph (2). In making such awards, the
Secretary shall ensure, to the extent possible, that each geographic region
of the United States shall be served by a recipient of an award under this
subpart.'; and
(i) in the matter preceding subparagraph (A), by striking out `a
grant under this section' and inserting in lieu thereof `an award under
this subpart';
(ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C)
and (D), respectively; and
(iii) by inserting immediately after subparagraph (A) the following
new subparagraph:
`(B) meet the requirements of section 2421 in addition to meeting the
requirements of this subpart;'; and
(i) in the matter preceding subparagraph (A), by striking out `a
grant under this section' and inserting in lieu thereof `an award under
this subpart';
(I) by striking out `information, in coordination with information
available from the Secretary,' and inserting in lieu thereof
`information'; and
(II) by striking out `evaluate and make recommendations on
equipment and software that support the America's Education Goals and
are suited for a school's particular needs,'; and
(iii) in subparagraph (C), by striking out `to participate' through
the end thereof and inserting in lieu thereof `assistance in applying
advanced technologies and web-based resources in order to design
learning environments for the 21st Century; and';
(i) in the matter preceding subparagraph (A), by striking out `a
grant under this section' and inserting in lieu thereof `an award under
this subpart';
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking out
`technology-specific, ongoing professional development,' and inserting
in lieu thereof `sustained and intensive high-quality professional
development that prepares educators to be effective developers, users,
and evaluators of educational technology,';
(II) in clause (i), by striking out `that use' through the end
thereof and inserting in lieu thereof `for teachers, administrators,
school librarians, and other education personnel; and';
and
(aa) by striking out subclauses (II), and (V);
(bb) in subclause (III), by adding `and' at the end thereof;
(cc) in subclause (IV), by striking out `video conferences and
seminars which' and inserting in lieu thereof `the use of advanced
telecommunications and distance learning networks to'; and
(dd) by redesignating subclauses (III) and (IV) as subclauses (II)
and (III), respectively;
(iii) by striking out subparagraphs (B) and (C);
(iv) in subparagraph (F), by striking out `for students' through the
end thereof and inserting in lieu thereof a comma and `coordinated with
other programs supported under this title, that incorporate the
effective use of advanced technology into teacher preparation
courses;';
(v) in subparagraph (G)--
(I) by striking out `develop support from' and inserting in lieu
thereof `increase the involvement and support of'; and
(II) by striking out the period at the end thereof and inserting
in lieu thereof a semicolon and `and'; and
(vi) by redesignating subparagraphs (D), (E), (F), and (G) as
subparagraphs (B), (C), (D), and (E), respectively;
(i) in the matter preceding subparagraph (A), by striking out `a
grant under this section' and inserting in lieu thereof `an award under
this subpart';
(ii) in subparagraph (A), by adding `and' at the end
thereof;
(iii) in subparagraph (B), by striking out the semicolon and `and'
at the end thereof and inserting in lieu thereof a period;
(iv) by striking out subparagraph (C);
(v) by redesignating subparagraphs (A) and (B) as subparagraphs (B)
and (C), respectively; and
(vi) by inserting immediately before subparagraph (B) (as
redesignated by clause (v)) the following new subparagraph:
`(A) maintain, or contribute to, a nationally accessible repository
that contains information about effective uses of educational technology,
including for sustained and intensive, high-quality professional
development, and disseminate that information nationwide;'; and
(D) by amending paragraph (4) to read as follows:
`(4) Each consortium receiving an award under this subpart shall--
`(A) collaborate, and coordinate the services that it provides, with
appropriate regional and other entities assisted in whole or in part by
the Department;
`(B) coordinate activities and establish partnerships with
organizations and institutions of higher education that represent the
interests of the region regarding the application of technology to
teaching, learning, instructional management, dissemination, the
collection and distribution of educational statistics, and the transfer of
student information; and
`(C) collaborate with the Department and recipients of funding under
other technology programs of the Department, particularly the Technology
Literacy Challenge Fund under subpart 1, and the Next-Generation
Technology Innovation Awards program under subpart 1 of part B, to assist
the Department and those recipients as requested by the
Secretary.'.
(c) Section 3141 of the ESEA is redesignated as section 3421.
(d) Title III of the ESEA is further amended by inserting immediately
after section 3421 (as redesignated by subsection (c)) the following new
section:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 3422. For purposes of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT
SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
SEC. 401. Title IV of the ESEA is amended to read as follows:
`TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
`SHORT TITLE
`SEC. 4001. This title may be cited as the `Safe and Drug-Free Schools and
Communities Act'.
`FINDINGS
`SEC. 4002. The Congress finds that:
`(1) Safe and Drug-Free Schools and Communities Programs support
achievement of Goal One of the National Drug Control Strategy--to educate
and enable America's youth to reject illegal drugs, as well as alcohol and
tobacco--and Goal Seven of America's Education Goals--that every school in
the United States will be free of drugs, violence, and the unauthorized
presence of firearms and alcohol.
`(2) It is essential for schools to provide a drug-free, safe, and
orderly learning environment for all students, if all students are to live
healthy lives and
achieve to high academic standards.
`(3) Student drug use and school violence are serious educational and
public health concerns.
`(4) Safe and Drug-Free Schools and Communities programs are most likely
to be effective when they are based on a thorough assessment of objective
data about the drug and violence problems in schools and communities, are
designed to meet measurable goals and objectives, are based on sound
research or evaluation findings, and are evaluated regularly and held
accountable for results.
`(5) Safe and Drug-Free Schools and Communities program resources should
be targeted at the local level to projects in areas that demonstrate need
for the funds, have developed the best strategic plans for using the funds,
and are committed to being accountable for results.
`(6) Lifelong physical activity contributes to students' well-being and,
consistent with the second of America's Education Goals, it is appropriate
for the Federal government to help strengthen State and local efforts in
this area.
`PURPOSE
`SEC. 4003. DECLARATION OF PURPOSE- The purpose of this title is to
support programs for creating and maintaining drug-free, safe, and orderly
environments for learning in and around schools, by awarding Federal financial
assistance to--
`(1) State educational agencies for competitive awards to local
educational agencies with a demonstrated need for services and the highest
quality proposed programming;
`(2) Governors for competitive awards to local educational agencies, as
well as community-based organizations and other public entities and
nonprofit organizations, for programs that complement and support local
educational agency programs;
`(3) State educational agencies and Governors for capacity-building, and
technical assistance and accountability services and activities to improve
the effectiveness of, and institutionalize, State and local Safe and
Drug-Free Schools and Communities programs; and
`(4) Public and private organizations, and individuals, for training
programs, demonstrations, evaluations, research projects, direct services,
and technical assistance to schools and school systems, developing and
disseminating materials and information, drug and violence prevention
programs at the postsecondary level, and other activities related to the
purposes of this title.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 4004. There are authorized to be appropriated--
`(1) such sums as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years to carry out part A;
`(2) such sums as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years to carry out part B; and
`(3) such sums as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years to carry out part C.
`Part A--State Grants for Drug and Violence Prevention Programs
`RESERVATIONS AND ALLOTMENTS
`SEC. 4111. (a) RESERVATIONS- (1) From the amount made available under
section 4004(1) to carry out this part for each fiscal year, the
Secretary--
`(A) shall reserve 1 percent of such amount for grants under this part
to Guam, America Samoa, the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, to be allotted in accordance with the Secretary's
determination of their respective needs;
`(B) shall reserve 1 percent of such amount for the Secretary of the
Interior to carry out programs for Indian youth;
`(C) shall reserve 0.2 percent of such amount for programs for Native
Hawaiians; and
`(D) may reserve not more than $2,000,000 for evaluation activities
required by section 4117(a).
`(2)(A)(i) Funds reserved under paragraph (1)(A) may not be consolidated
under the provisions of title V of Public Law 95-134.
`(ii) The Governor of Guam, America Samoa, the Virgin Islands, or the
Commonwealth of the
Northern Mariana Islands may direct the Secretary to consolidate the
Governor's share of funds under this part with the State educational agency's
share and award the consolidated amount to the State educational agency for
administration in accordance with the requirements of this part applicable to
State educational agencies.
`(iii) Funds reserved under paragraph (1)(A) shall be used to carry out
programs and activities that--
`(I) are authorized by this part and are implemented in a manner that is
consistent with the program requirements under section 4114; and
`(II) are subject to the application requirements under section
4112(a).
`(B) Funds reserved under paragraph (1)(B) shall be used to carry out
programs and activities authorized by this part that meet the needs of Native
American youth and that are implemented in a manner that is consistent with
the program requirements under section 4114.
`(C)(i) Funds reserved under paragraph (1)(C) shall be used by the
Secretary to award grants or contracts to organizations primarily serving or
representing Native Hawaiians to carry out programs and activities authorized
by this part that meet the needs of Native Hawaiian youth and that are
implemented in a manner that is consistent with the program requirements under
section 4114.
`(ii) Recipients of funds reserved under paragraph (1)(C) shall coordinate
their programs and activities with programs and activities under this part
carried out by the State educational agency of Hawaii.
`(iii) For the purposes of this section, the term `Native Hawaiian' has
the same meaning as the term is provided in section 9212 of the Elementary and
Secondary Education Act of 1965.
`(b) STATE ALLOTMENTS- (1) Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the States--
`(A) one-half of the remainder not reserved under subsection (a)
according to the ratio between the school-aged population of each State and
the school-aged population of all the States; and
`(B) one-half of such remainder according to the ratio between the
amount each State received under section 1122 of part A of title I of the
Act for the preceding year and the sum of such amounts received by all the
States.
`(2) MINIMUM- For any fiscal year, no State shall be allotted under this
subsection an amount that is less than one-half of one percent of the total
amount allotted to all the States under this subsection.
`(3) REALLOTMENT- The Secretary may reallot any amount of any allotment to
a State if the Secretary determines that the State will be unable to use such
amount within two years of such allotment. Such reallotments shall be made on
the same basis as allotments are made under paragraph (1).
`(4) DEFINITIONS- For the purposes of this part--
`(A) the term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico; and
`(B) the term `local educational agency' includes educational service
agencies and consortia of such agencies.
`STATE APPLICATIONS
`SEC. 4112. (a) STATE APPLICATION. In order to receive an allotment under
section 4111(b) for any fiscal year, a State shall submit to the Secretary, at
such time and in such manner as the Secretary may require, a 5-year
application that--
`(1) is submitted jointly by the Governor and the State educational
agency of the State;
`(2) contains a description of how funds under this part will be
coordinated with other programs under this Act and with other Federal
education and drug prevention programs;
`(3) contains a comprehensive plan for the use of funds by the State
educational agency and the Governor to provide safe, orderly, and drug-free
school environments that includes--
`(A) the results of the State's needs assessment for drug and
violence-prevention programs, which shall be based on the results of
ongoing State evaluation activities and include data on the prevalence of
drug use and violence by youth in schools and communities in the
State;
`(B) a list of the State's results-based performance measures for drug
and violence prevention, which shall--
`(i) be focused on student behavior and attitudes and derived from
the needs assessment;
`(ii) be selected from a core set of
indicators that the Secretary shall develop in consultation with State and
local officials;
`(iii) include targets and due dates for the attainment of these
indicators;
`(iv) include a description of the procedures the State will use to
inform local educational agencies of the State's results-based
performance measures for drug and violence prevention for assessing and
publicly reporting progress toward meeting these indicators, or revising
them as needed; and
`(v) include a description of how the procedures described in
subparagraph (C) and subparagraph (D) will support the achievement of
the State's results-based performance measures;
`(C) a description of the procedures the State educational agency will
use for reviewing applications and awarding funds to local educational
agencies on a competitive basis under section 4113(c),
including--
`(i) the objective criteria the State educational agency will use
for determining which local educational agencies are eligible to compete
for these funds;
`(ii) the criteria the State educational agency will use to assess
the relative quality of applications and demonstrated need for funding
by these local educational agencies;
`(iii) the peer review process the State educational agency will use
to review applications;
`(iv) how the State educational agency will ensure that the
geographical distribution of awards reflects the diversity of local
educational agencies in the State; and
`(v) how the State educational agency and the Governor will
coordinate these programs;
`(D) a description of the procedures, including objective criteria,
the State educational agency will use for reviewing any applications and
awarding any funds to local educational agencies on a non-competitive
basis under section 4113(c)(3);
`(E) a description of the procedures the Governor will use to award
funds to eligible applicants on a competitive basis consistent with
section 4115(c), including--
`(i) the criteria the Governor will use to assess the relative
quality of applications and demonstrated need for funding of eligible
applicants;
`(ii) the peer review process the Governor will use to review
applications;
`(iii) how those funds will be used for community resources and
activities that support local educational agency programs to create
drug-free, safe, and disciplined learning environments in, and
passageways to and from schools; and
`(iv) how the Governor will ensure that the geographic distribution
of awards reflects the diversity of local educational agencies in the
State;
`(F) a description of how the State educational agency and Governor
will use the funds reserved under sections 4113(b) and 4115(b) for
coordinated capacity-building and technical assistance and program
accountability services and activities at the State and local levels,
including how the State educational agency and Governor will coordinate
their activities with law enforcement, health, mental health, and
education programs and officials at the State and local levels;
`(G) a description of how the State educational agency and the
Governor will monitor local programs; and
`(H) a description of how the State educational agency will ensure
that local educational agencies not receiving funds under this part will
be provided technical assistance to improve their programs;
`(4) contains assurances that the application was developed in
consultation and coordination with appropriate State officials, including
the head of the State alcohol and drug abuse agency, the heads of the State
health and mental health agencies, the head of the State criminal justice
planning agency, the head of the State child welfare agency, the head of the
State board of education, or their designees, and representatives of
parents, students, and community-based organizations; and
`(5) contains assurance that the State will cooperate with, and assist,
the Secretary in conducting the national impact evaluation of programs
required by section 4117(a).
`(b) PEER REVIEW- The Secretary shall use a peer review process in
reviewing State applications under this section.
`STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
`SEC. 4113. (a) ALLOCATION OF FUNDS- In each fiscal year, 80 percent of
the total amount allocated to the State under section 4111(b) shall be used by
the State educational agency and local educational agencies in the
State to carry out programs and activities in accordance with this section
that are designed to create and maintain drug-free, safe, and orderly
environments for learning in and around schools in the State.
`(b) STATE LEVEL ACTIVITIES- (1) A State educational agency shall reserve
not more than 20 percent of the amount described in subsection (a) for
State-level activities described in paragraphs (2) and (4).
`(2) A State educational agency may use not more than 5 percent of the
amount described in subsection (a) for the costs of carrying out its
administrative responsibilities under this part.
`(3) The State educational agency shall reserve the remainder of the
amount described in paragraph (1) after application of paragraph (2), but not
less than 10 percent of the amount described in subsection (a), for
State-level activities described in paragraph (4).
`(4)(A) The State educational agency and the Governor shall jointly use
the amounts reserved under paragraph (3) and section 4115(b)(3) to plan,
develop, and implement capacity building, technical assistance, and
accountability services that are designed to support the effective
implementation of local drug and violence prevention activities throughout the
State and promote program accountability and improvement.
`(B)(i) The State educational agency and Governor may carry out the
services and activities described in subparagraph (A) directly, or through
subgrants or contracts with public and private organizations, as well as
individuals.
`(ii) Except as provided under clause (iii), the State educational agency
and Governor shall, to the extent practicable, use funds under this paragraph
to provide capacity building and technical assistance and accountability
services and activities to all local educational agencies in the State,
including those that do not receive funds under this part.
`(iii) The State educational agency and the Governor may use funds under
this paragraph to provide emergency intervention services to schools and
communities following a traumatic crisis, such as a shooting, major accident,
or drug-related incident that has disrupted the learning environment.
`(C) For the purpose of this paragraph--
`(i) `capacity building' means activities to improve the knowledge,
skills, and expertise of State and local program staff needed to plan,
implement, and improve effective research-based programs; and
`(ii) `technical assistance and accountability services' means
activities designed to improve State and local programs and activities under
this part, including dissemination of information and curricula, program
evaluation, demonstration programs, peer review of local educational agency
applications, and evaluation assistance, such as collecting, monitoring, and
reporting program indicator data.
`(c) LOCAL LEVEL ACTIVITIES- (1) A State educational agency shall use not
less than 80 percent of the amount described in subsection (a) for local-level
activities described in paragraphs (2) and (3).
`(2)(A) A State educational agency shall use at least 70 percent of the
amount described in subsection (a) to make competitive subgrants, consistent
with subparagraph (C)(i), to local educational agencies (or consortia of local
educational agencies) that the State educational agency determines, based on
objective data, need assistance under this part.
`(B) In determining which local educational agencies (or consortia) need
assistance under this part, the State educational agency may consider such
factors as--
`(i) high rates of alcohol, tobacco, or drug use among youth;
`(ii) high rates of victimization of youth by violence and crime;
`(iii) high rates of arrest and adjudication of youth for violent or
drug- or alcohol-related delinquency;
`(iv) high rates of bullying, hate-related incidents, racial harassment,
sexual harassment, or sexual abuse;
`(v) high rates of referrals of youths to drug and alcohol abuse
treatment and rehabilitation programs;
`(vi) high rates of referrals of youths to juvenile court;
`(vii) high rates of expulsions and suspensions of students from
schools;
`(viii) high rates of reported cases of child abuse and domestic
violence;
`(ix) the extent of illegal gang activity;
`(x) local fiscal capacity to fund such programs without Federal
assistance;
`(xi) the incidence of drug paraphernalia in schools;
`(xii) high rates of drug-related emergencies or deaths; and
`(xiii) high rates of drug distribution or sales on, or around, school
grounds.
`(C)(i) The State educational agency shall base the competition it
conducts under subparagraph (A) on the quality of the applicant's proposed
program and how closely it is aligned with the principles of effectiveness
described in clause (ii).
`(ii) For the purpose of this subsection, the State educational agency
shall use the following principles of effectiveness:
`(I) The applicant's program is based on a thorough assessment of
objective data about the drug and violence problems in the schools and
communities to be served.
`(II) The applicant has established a set of measurable goals and
objectives aimed at ensuring that all schools served by the local
educational agency have a drug-free, safe, and orderly learning environment,
and has designed its programs to meet those goals and objectives.
`(III) The applicant has designed and will implement its programs for
youth based on research or evaluation that provides evidence that the
program to be used will prevent or reduce drug use, violence, delinquency,
or disruptive behavior among youth.
`(IV) The applicant will evaluate its program periodically to assess its
progress toward achieving its goals and objectives, and will use evaluation
results to refine, improve, and strengthen its program, and refine its goals
and objectives, as needed.
`(D) A State educational agency may make subgrants under this paragraph to
not more than 50 percent of the local educational agencies in the State,
unless the State demonstrates in its application under section 4112 that the
State educational agency can make subgrants to more than 50 percent of the
local educational agencies in the State and still comply with subparagraph
(E).
`(E) Subgrants under this paragraph shall be of sufficient size to support
high-quality, effective programs and activities that are designed to create
safe, disciplined, and drug-free learning environments in schools and that are
consistent with the needs, goals, and objectives identified in the State's
plan under section 4112.
`(3)(A) A State educational agency may use not more than 10 percent of the
amount described in subsection (a) to make non-competitive subgrants to local
educational agencies (or consortia of local educational agencies) with the
greatest need for assistance as described in paragraph (2)(B) that did not
receive a subgrant under subparagraph (2)(A). A local educational agency may
not receive more than one subgrant under this paragraph.
`(B) A State educational agency shall not make a subgrant to a local
educational agency under this paragraph unless it--
`(i) assists the local educational agency in meeting the information
requirements under section 4116(a) pertaining to local educational agency
needs assessment, results-based performance measures, comprehensive safe and
drug-free schools plan, evaluation plan, and assurances; and
`(ii) provides continuing technical assistance to the local educational
agency to build its capacity to develop and implement high-quality,
effective programs consistent with the principles of effectiveness in
subsection (c)(2)(C)(ii).
`(d) PROJECT PERIODS AND REALLOCATION- (1)(A) Subgrants under subsection
(c) shall be for project periods not to exceed three years.
`(B) In order to receive funds under this section for the second or third
year of the project, a local educational agency shall demonstrate to the
satisfaction of the State educational agency that the local educational
agency's project is making reasonable progress toward its performance measures
under section 4116(a)(3)(C).
`(2) A State educational agency may require local educational agencies to
return funds awarded to them under this section that they have not expended
within one year of the date of the subgrant, and may award such recovered
funds to other local educational agencies with the greatest need for them--
`(A) through a new competition;
`(B) by funding high-quality applications that were not funded in a
previous competition; or
`(C) by making supplemental awards to current subgrant recipients.
`LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
`SEC. 4114. (a) PRINCIPLES OF EFFECTIVENESS- Each local educational agency
that receives a subgrant under section 4113(c) shall use those funds to
support research-based, drug- and violence-prevention services and activities
that are consistent with the principles of effectiveness described in section
4113(c)(2)(C)(ii).
`(b) OTHER AUTHORIZED ACTIVITIES- (1) Each local educational agency that
receives a subgrant under section 4113(c) may also use those funds to carry
out, in a manner that is consistent with the most recent relevant research,
other services and activities that are consistent with the purposes of this
title, such as--
`(A) staff training and development;
`(B) parental involvement and training;
`(C) community involvement activities;
`(D) law enforcement and security activities that are related to school
safety and drug use;
`(E) creating and maintaining safe zones of passage to and from school
to prevent violence and drug trafficking;
`(F) counseling, mentoring, and referral services, and other student
assistance programs;
`(G) before- and after-school programs;
`(H) alternative education programs for those students who have been
expelled from their regular education programs;
`(I) programs to assist students to reenter the regular education
program upon return from treatment or alternative education settings;
`(J) services and activities that reduce the need for suspension and
expulsion in maintaining classroom order and school discipline;
`(K) services and activities to prevent and reduce truancy;
`(L) teaching students about the risks and consequences associated with
handling firearms and that enables them to make safe choices and avoid
injuries to themselves and others; and
`(M) activities designed to prevent hate crimes.
`(2) A local educational agency may not use more that 20 percent of its
subgrant for the acquisition or use of metal detectors and security personnel
unless it demonstrates in its application under section 4116 to the
satisfaction of the State educational agency that it has a compelling need to
do so.
`GOVERNOR'S PROGRAMS
`SEC. 4115. (a) ALLOCATION OF FUNDS- In each fiscal year, 20 percent of
the total amount allocated to the State under section 4111(b) shall be used by
the Governor to support community efforts that directly complement the efforts
of local educational agencies to foster drug-free, safe, and orderly learning
environments in and around schools.
`(b) STATE-LEVEL ACTIVITIES- (1) A Governor shall reserve not more than 20
percent of the amount described in subsection (a) for State-level activities
described in paragraph (2) and section 4113(b)(4).
`(2) A Governor may use not more than 5 percent of the amount described in
subsection (a) for costs, direct or indirect, of carrying out the Governor's
administrative responsibilities under this part.
`(3) The Governor shall reserve the remainder of the amount described in
paragraph (1), after application of paragraph (2), but not less than 10
percent of the amount described in subsection (a), for State-level activities
that are administered jointly with the State educational agency, as described
in section 4113(b)(4).
`(c) LOCAL-LEVEL ACTIVITIES- (1)(A) A Governor shall use not less than 80
percent of the amount described in subsection (a) to make competitive
subgrants to, or contracts with, community-based organizations, local
educational agencies, and other public entities and private non-profit
organizations, or consortia thereof, to support community efforts that
directly complement the efforts of local educational agencies to foster
drug-free, safe, and orderly learning environments in and around schools.
`(B) To be eligible for a subgrant under this subsection, an applicant
(other than a local educational agency applying on its own behalf) shall
include in its application its written agreement with one or more local
educational agencies, or one or more schools within a local educational
agency, to provide services and activities in support of such local
educational agencies or schools, as well as an explanation of how those
services and activities will complement or support the local educational
agencies' or schools' efforts to provide a drug-free, safe, and orderly school
environment.
`(C) The Governor shall base the competition conducted under subparagraph
(A)--
`(i) on the quality of the applicant's proposed program and how closely
it is aligned with the principles of effectiveness described in section
4113(c)(2)(C)(ii); and
`(ii) on the needs of the schools or local educational agencies to be
served, based on the objective criteria determined by the Governor.
`(D) Subgrants under this subsection may support community efforts on a
Statewide, regional, or local basis and may support the efforts of local
educational agencies and schools that do not receive funds under this part.
`(2)(A) Each recipient of a subgrant under this subsection shall use those
funds to support research-based services and activities that are consistent
with the principles of effectiveness described in section
4113(c)(2)(C)(ii).
`(B) Each recipient of a subgrant under this subsection may also use those
funds to carry out, in a manner that is consistent with the most recent
relevant research, other services and activities that are consistent with the
purposes of this title, such as--
`(i) counseling and mentoring services;
`(ii) the support of school resource officers, and other partnerships
with law enforcement;
`(iii) after-school programs;
`(iv) activities designed to prevent hate crimes; and
`(v) alternative education programs for students removed from their
regular educational programs.
`LOCAL APPLICATIONS
`SEC. 4116. APPLICATION CONTENTS- (a)(1) Applicants for subgrants under
section 4113(c)(2), section 4113(c)(3), and section 4115(c) shall submit an
application at such time and including such information as the State
educational agency or the Governor, as applicable, requires, consistent with
paragraph (3).
`(2)(A) Applications from local educational agencies for subgrants under
section 4113(c)(2), section 4113(c)(3), and section 4115(c) shall be developed
in consultation with a local or regional advisory council that includes, to
the extent possible, representatives of local government, business, parents,
students, teachers, pupil services personnel, mental health service providers,
appropriate State agencies, private schools, law enforcement, community-based
organizations, and other groups interested in, and knowledgeable about, drug
and violence prevention.
`(B) Applications from entities other than local educational agencies for
subgrants under section 4115(c) shall be developed in consultation with the
schools or local educational agencies to be served and, to the extent
practicable, with the representatives described in subparagraph (A).
`(3) Each application for a subgrant described in subsection (a) shall
contain--
`(A) the results of the applicant's needs assessment concerning the
creation and maintenance of a drug-free, safe, and orderly school
environment and include data on the prevalence of drug use and violence by
youth in the schools and communities to be served;
`(B) a description of how the applicant will target services and
activities on the communities, schools, and students with the greatest need
for assistance in creating and maintaining drug-free, safe, and orderly
learning environments;
`(C) the applicant's results-based performance measures for creating and
maintaining a drug-free, safe, and orderly learning environment, which shall
be focused on student behavior and attitudes, and include annual targets for
each performance measure;
`(D) a description of the procedures the applicant will use to assess
and publicly report progress toward meeting its performance
indicators;
`(E) a description of how--
`(i) the applicant will use the funds to be awarded and how the
activities it will support with those funds address the needs identified
under subparagraph (A) and the performance measures identified in
subparagraph (C); and
`(ii) if the applicant is a local educational agency, how those
activities are consistent with the Safe and Drug-Free Schools plan under
paragraph (4)(F) or another existing school plan related to safe,
disciplined, and drug-free environments;
`(F) a description of how the applicant will coordinate its activities
with local, State, and Federal law enforcement, health, mental health, and
education officials;
`(G) a description of how the applicant will coordinate its activities
under this part with those implemented under the Drug-Free Communities Act,
if any;
`(H) a description of the applicant's plan for evaluating its project;
and
`(I) any other information the State educational agency or Governor, as
applicable, may require to review applications, and award subgrants, based
on the applicant's need for assistance and the quality of the
application.
`(4) Each applicant for a subgrant under section 4113(c)(2) or 4113(c)(3)
shall also include in its application an assurance that it--
`(A) has a policy, consistent with State law and the Gun-Free Schools
Act, that requires the expulsion of students who possess a firearm at
school;
`(B) has, or will have, a full- or part-time program coordinator whose
primary responsibility is planning, designing, implementing, and evaluating
the applicant's programs (unless the applicant demonstrates in its
application, to the satisfaction of the State educational agency, that such
a program coordinator is not needed);
`(C) will evaluate its program every two years to assess its progress
toward meeting its goals and objectives, and will use the results of its
evaluation to improve its program and refine its goals and objectives, as
needed; and
`(D) has, or the schools to be served have, a comprehensive Safe and
Drug-Free Schools plan that includes--
`(i) appropriate and effective discipline policies that prohibit
disorderly conduct, the possession of firearms and other weapons, and the
illegal use, possession, distribution, and sale of tobacco, alcohol, and
other drugs by students, and that mandate predetermined consequences,
sanctions, or interventions for specific offenses;
`(ii) security procedures at school and while students are on the way
to and from school, which may include the use of metal detectors and the
development and implementation of formal agreements with law enforcement
officials;
`(iii) early intervention and prevention activities of demonstrated
effectiveness designed to create and maintain safe, disciplined, and
drug-free environments;
`(iv) school readiness and family involvement activities;
`(v) improvements to classroom management and school environment, such
as efforts to reduce class size or improve classroom discipline;
`(vi) procedures to identify and intervene with troubled students,
including establishing linkages with, and referring students to, juvenile
justice, community mental health, and other service providers;
`(vii) activities that connect students to responsible adults in the
community, including activities such as after-school or mentoring
programs; and
`(viii) a crisis management plan for responding to violent or
traumatic incidents on school grounds, which provides for addressing the
needs of victims, and communicating with parents, the media, law
enforcement officials, and mental health service providers.
`(5) Each applicant for a subgrant under section 4115(c) shall also
include in its application--
`(A) a description of how the services and activities to be supported
will be coordinated with relevant programs under this part that are
supported by State educational agencies, including how recipients will share
resources, services, and data;
`(B) a description of how the applicant will coordinate its activities
under this part with those implemented under the Drug-Free Communities Act,
if any; and
`(C)(i) an assurance that it will evaluate its program every two years
to assess its progress toward meeting its goals and objectives, and will use
the results of its evaluation to improve its program and refine its goals
and objectives as needed, if the applicant is not a local educational
agency; or
`(ii) the assurances under paragraph (4) if the applicant is a local
educational agency.
`(b) REVIEW OF APPLICATION- To review applications under this section--
`(1) State educational agencies shall use a peer review process;
and
`(2) Governors may use a peer review process or other methods that
ensure that applications are funded on the basis of need and quality.
`NATIONAL EVALUATIONS AND DATA COLLECTIONS
`SEC. 4117. (a) NATIONAL EVALUATIONS- (1) The Secretary shall provide for
periodic national evaluations, at least every two years, of the quality and
impact of programs under this title and other programs designed to prevent
drugs and violence in schools and submit a report of the findings of such
evaluations to the President and Congress.
`(2)(A) The National Center for Education Statistics shall collect data to
determine the frequency, seriousness, and incidence of violence in elementary
and secondary schools in the States. The Secretary shall collect the data
using, wherever appropriate, data submitted by the States pursuant to
subsection (b)(1)(B).
`(B) The Secretary shall report to Congress on the data collected under
this paragraph, together with such recommendations as the Secretary determines
appropriate.
`(3) The Secretary of Education and the Attorney General shall publish
annual reports on school safety.
`(b) STATE REPORTS- (1) The Governor and State educational agency of each
State shall annually report to the Secretary, in such form as the Secretary
may require, on the State's progress toward attaining its performance
indicators, required under section 4112(a)(1)(c)(ii), for achieving drug-free,
safe, and orderly learning environments in its schools. Annual reports
shall--
`(A) be based on the State's ongoing evaluation activities;
`(B) include data on the prevalence and incidence of drug use and
violence by youth in schools and communities;
`(C) address the implementation and outcomes of State and local programs
under this part, as well as their effectiveness; and
`(D) be made readily available to the public.
`(2) Each State shall report to the Secretary, in such form as the
Secretary, in consultation with the Secretary of Health and Human Services,
may require, all school-related suicides and homicides within the State within
30 days of the incident.
`(c) LOCAL REPORTS- (1)(A) Each local educational agency that receives a
subgrant under section 4113(c)(2) or section 4113(c)(3) shall report annually
to the State educational agency and the public on--
`(i) the local educational agency's progress toward meeting its
results-based performance indicators for its program;
`(ii) the results of its on-going evaluation of its program; and
`(iii) any problems the local educational agency has encountered in
implementing its program that warrant the provision of technical assistance
by the State educational agency.
`(B) The State educational agency shall review the annual reports
described under paragraph (1) and shall not provide funding for the second or
third year of a local educational agency's program unless it determines that
the local educational agency is making reasonable progress toward meeting its
objectives.
`(2)(A) Each recipient of funds under section 4115(c) shall report
annually to the Governor and to the public on--
`(i) its progress toward meeting its results-based performance measures
for its program;
`(ii) the results of its on-going evaluation of its program; and
`(iii) any problems it encountered in implementing its program that
warrant the provision of technical assistance by the Governor.
`(B) The Governor shall review the annual reports described under
subparagraph (A), and shall not provide funding for subsequent years of a
multi-year program unless the Governor determines that the recipient is making
reasonable progress toward meeting its objectives.
`Part B--National Programs
`NATIONAL ACTIVITIES
`SEC. 4211. (a) PROGRAM AUTHORIZED- From funds appropriated to carry out
this part for each fiscal year under section 4004(2), the Secretary shall
carry out--
`(1) programs designed to promote drug-free, safe, and orderly learning
environments for students at all educational levels, from preschool through
the postsecondary level; and
`(2) programs for such students that promote lifelong physical
activity.
`(b) DRUG-FREE, SAFE, AND ORDERLY LEARNING ENVIRONMENTS- (1) The Secretary
may carry out the programs described in subsection (a)(1) directly, or through
grants, contracts, or cooperative agreements with public and private agencies,
organizations, and individuals, or through agreements with other Federal
agencies, and shall coordinate with other Federal agencies, as appropriate.
`(2) Programs under this subsection may include, but are not limited
to--
`(A) one or more centers to provide training and technical assistance
for teachers, school administrators and staff, and others on the
identification and implementation of effective strategies to promote safe,
orderly, and drug-free learning environments;
`(B) programs to train teachers in innovative techniques and strategies
of effective drug and violence prevention;
`(C) research and demonstration projects to test innovative approaches
to drug and violence prevention;
`(D) evaluations of the effectiveness of programs funded under this
title, or other programs designed to create safe, disciplined, and drug-free
environments;
`(E) direct services and technical assistance to schools and school
systems, including those afflicted with especially severe drug and violence
problems;
`(F) developing and disseminating drug and violence prevention materials
and information in print, audiovisual, or electronic format, including
information about effective research-based programs, policies, practices,
strategies, and curriculum and other relevant materials to support drug and
violence prevention education;
`(G) recruiting, hiring, and training program coordinators to assist
school districts in implementing high-quality, effective, research-based
drug and violence prevention programs;
`(H) the development and provision of education and training programs,
curricula, instructional materials, and professional training for preventing
and reducing the incidence of crimes or conflicts motivated by bullying,
hate, prejudice, intolerance, or sexual harassment and abuse;
`(I) programs for youth who are out of the education mainstream,
including school dropouts, students who have been suspended or expelled from
their regular education program, and runaway or homeless children and
youth;
`(J) programs implemented in conjunction with other Federal agencies
that support local educational agencies and communities in developing and
implementing comprehensive programs that create safe, disciplined, and
drug-free learning environments and promote healthy childhood
development;
`(K) services and activities that reduce the need for suspension and
expulsion in maintaining classroom order and discipline;
`(L) services and activities to prevent and reduce truancy;
`(M) programs to provide counseling services to troubled youth,
including support for the recruitment and hiring of counselors and the
operation of telephone help lines; and
`(N) other activities that meet emerging or unmet national needs
consistent with the purposes of this title.
`(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS- (1) The Secretary may carry out
the programs described in subsection (a)(2) directly, or through grants,
contracts, or cooperative agreements with public and private agencies,
organizations, and individuals, or through agreements with other Federal
agencies, and shall coordinate with the Centers for Disease Control and
Prevention, the President's Council on Physical Fitness, and other Federal
agencies, as appropriate.
`(2) Programs under this subsection may include, but are not limited
to--
`(A) the conduct of demonstrations of school-based programs that promote
lifelong physical activity, with a particular emphasis on physical education
programs that are part of coordinated school health programs, that promote
healthy, drug-free lifestyles;
`(B) training, technical assistance, and other activities to encourage
States and local educational agencies to implement sound school-based
programs that promote lifelong physical activity and healthy lifestyles;
and
`(C) activities designed to build State capacity to provide leadership
and strengthen schools' capabilities to provide school-based programs that
promote lifelong physical activity and healthy lifestyles.
`(d) PEER REVIEW- The Secretary shall use a peer review process in
reviewing applications for funds under this section.
`Part C--School Emergency Response to Violence
`PROJECT SERV
`SEC. 4311. (a) PROJECT SERV- (1) From funds appropriated to carry out
this part for each fiscal year under section 4004(3), the Secretary is
authorized to carry out a program of providing education-related services to
local educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis, such as a shooting or major
accident. Such program may be referred to as `Project SERV-
`(2) The Secretary may carry out Project SERV directly, or through grants,
contracts, or cooperative agreements with public and private organizations,
agencies, and individuals, or through agreements with other Federal
agencies.
`(b) AUTHORIZED ACTIVITIES- (1) Project SERV may provide--
`(A) assistance to school personnel in assessing a crisis situation,
including--
`(i) assessing the resources available to the local educational agency
and community to respond to the situation; and
`(ii) developing a response plan to coordinate services provided at
the Federal, State, and local level;
`(B) mental health crisis counseling to students and their families,
teachers, and others in need of such services;
`(C) increased school security;
`(D) training and technical assistance for State and local educational
agencies, State and local mental health agencies, State and local law
enforcement agencies, and communities to enhance their capacity to develop
and implement crisis intervention plans;
`(E) services and activities designed to identify and disseminate the
best practices of school- and community-related plans for responding to
crises; and
`(F) other needed services and activities that are consistent with the
purposes of this part.
`(2) The Secretary, in consultation with the Attorney General, the
Secretary of Health and Human Services, and the Director of the Federal
Emergency Management Agency--
`(A) shall establish such criteria and application requirements as may
be needed to select which local educational agencies are assisted under this
part; and
`(B) may establish such reporting requirements as may be needed to
collect uniform data and other information from all local educational
agencies assisted under this part.
`(c) COORDINATING COMMITTEE- (1) There shall be established a Federal
coordinating committee on school crises comprised of the Secretary, the
Attorney General, the Secretary of Health and Human Services, the Director of
the Federal Emergency Management Agency, the Director of the Office of
National Drug Control Policy, and such other members as the Secretary shall
determine. The Secretary shall serve as chair of the Committee.
`(2) The Committee shall coordinate the Federal responses to crises that
occur in schools or directly affect the learning environment in schools.
`Part D--Related Provisions
`GUN-FREE SCHOOLS ACT
`SEC. 4411. (a) SHORT TITLE- This section may be cited as the `Gun-Free
Schools Act'.
`(b) REQUIREMENTS- (1) Each State receiving Federal funds under the
Elementary and Secondary Education Act of 1965 shall have in effect a State
law requiring local educational agencies to expel from school, for a period of
not less than one year, a student who is determined to have possessed a
firearm at school under the jurisdiction of a local educational agency in that
State, except that such State law shall allow the chief administering officer
of that local educational agency to modify the expulsion requirement for a
student on a case-by-case basis.
`(2) For the purpose of this section, the term `firearm' has the same
meaning given that term in section 921 of title 18, United States Code (which
includes bombs).
`(c) SPECIAL RULE- This section shall be construed in a manner consistent
with the Individuals with Disabilities Education Act.
`(d) REPORT TO STATE- Each local educational agency requesting assistance
from the State educational agency under this Act shall provide to the State in
its application--
`(1) an assurance that such local educational agency is in compliance
with the State law required by subsection (b);
`(2) a description of the circumstances surrounding any expulsions
imposed under the State law required by subsection (b), including--
`(A) the name of the school concerned;
`(B) the number of students expelled from such school (disaggregated
by gender, race, ethnicity, and educational level); and
`(C) the type of weapons concerned; and
`(A) students referred to the criminal justice or juvenile justice
system as required in section 4412(a)(1); and
`(B) instances in which the chief administering officer of a local
educational agency modified the expulsion requirement described in
subsection (b)(1) on a case-by-case basis.
`(e) REPORTING- Each State shall report the information described in
subsection (d) to the Secretary on an annual basis.
`LOCAL POLICIES
`SEC. 4412. (a) REQUIRED POLICIES- No funds shall be made available under
the Elementary and Secondary Education Act of 1965 to any local educational
agency unless that agency has a policy ensuring--
`(1) that any student who possesses a firearm at school served by such
agency is referred to the criminal justice or juvenile justice system;
`(2) that a student described in paragraph (1) is referred to a mental
health professional for assessment as to whether he or she poses an imminent
threat of harm to himself, herself, or others and needs appropriate mental
health services before readmission to school; and
`(3) that a student under paragraph (1) who has been determined by a
mental health professional to pose an imminent threat of harm to himself,
herself, or others receive, in addition to appropriate services under
section 11206(9) of this Act, appropriate mental health services before
being permitted to return to school.
`(b) SPECIAL RULE- This section shall be construed in a manner consistent
with the Individuals with Disabilities Education Act.
`(c) DEFINITIONS- For the purposes of this section, the terms `firearm'
and `school' have the same meaning given those terms in section 921(a) of
title 18, United States Code.
`MATERIALS
`SEC. 4413. (a) `WRONG AND HARMFUL MESSAGE'- Drug prevention programs
supported under this title shall convey a clear and consistent message that
the illegal use of alcohol and other drugs is wrong and harmful.
`(b) CURRICULUM- The Secretary shall not prescribe the use of particular
curricula for programs under this title, but may evaluate and disseminate
information about the effectiveness of such curricula and programs.
`PROHIBITED USES OF FUNDS
`SEC. 4414. No funds under this title may be used for--
`(1) construction (except for minor remodeling needed to accomplish the
purposes of this part); and
`(2) medical services or drug treatment or rehabilitation, except for
pupil services or referral to treatment for students who are victims of, or
witnesses to, crime or who use alcohol, tobacco, or drugs.'
`DRUG-FREE, ALCOHOL-FREE, AND TOBACCO-FREE SCHOOLS
`SEC. 4415. (a) REQUIRED POLICY- Each State educational agency and local
educational agency that receives funds under this title shall have a policy
that prohibits the possession or use of tobacco, and the illegal possession or
use of drugs and alcohol, in any form, at any time, and by any person, in
school buildings, on school grounds, or at any school-sponsored event.
`(b) ASSURANCE- Each local educational agency requesting assistance under
this title from the State educational agency shall include in its application
an assurance that it is in compliance with the requirements of this
section.
`(c) STATE REPORTING- Each State educational agency shall report to the
Secretary on an annual basis if any local educational agency is not in
compliance with the requirements of subsection (a).
`PROHIBITION ON SUPPLANTING
`SEC. 4416. Funds under this title shall be used to increase the level of
State, local, and other non-Federal funds that would, in the absence of funds
under this title, be made available for programs and activities authorized
under this title, and in no case to supplant such State, local, and other
non-Federal funds.
`DEFINITIONS OF TERMS
`SEC. 4417. As used in this title--
`(1) the term `drug and violence prevention' means--
`(A) with respect to drugs, prevention, early intervention,
rehabilitation, referral, or education related to the illegal use of
alcohol and the use of controlled, illegal, addictive, or harmful
substances, including inhalants and anabolic steroids;
`(B) prevention, early intervention, smoking cessation activities, or
education related to the use of tobacco by children and youth eligible for
services under this title; and
`(C) with respect to violence, the promotion of school safety, such
that students and school personnel are free from violent and disruptive
acts, including sexual harassment and abuse and victimization associated
with prejudice and intolerance, on school premises, going to and from
school, and at school-sponsored activities, through the creation and
maintenance of a school environment that is free of weapons and fosters
individual responsibility and respect for the rights of others;
`(2) the terms `drug treatment' and `drug rehabilitation' include
activities to assist regular users of drugs to become drug-free, but do not
include alternative education programs for students expelled from school,
student assistance programs, or programs to help students who have been
expelled to re-enter and succeed in their regular education program;
`(3) the term `hate crime' means a crime described in section 1(b) of
the Hate Crime Statistics Act of 1990; and
`(4) the term `medical services' includes, but is not limited to, the
diagnosis and treatment of disease, illness, or injury, but does not include
assessments by mental health professionals to determine whether a student
poses an imminent threat of harm to himself or others.'.
TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE
RENAMING THE TITLE
SEC. 501. The heading for Title V of the ESEA is amended to read as
follows: `TITLE V--PROMOTING EQUITY, EXCELLENCE, AND PUBLIC SCHOOL CHOICE'.
AMENDMENTS TO THE MAGNET SCHOOLS ASSISTANCE PROGRAM
SEC. 502. (a) FINDINGS- Section 5101 of the ESEA is amended to read as
follows:
`FINDINGS
`SEC. 5101. The Congress finds as follows:
`(1) Magnet schools are a significant part of our Nation's effort to
achieve voluntary desegregation in our Nation's schools.
`(2) It is in the national interest to desegregate and diversify those
schools in our Nation that are racially, economically, linguistically, or
ethnically segregated. Such segregation exists between minority and
non-minority students as well as among students of different minority
groups.
`(3) Desegregation can help increase rates of high school graduation and
college attendance, and can promote better occupational prospects for
students who have attended integrated schools.
`(4) Desegregation can provide students with valuable experience that
prepares them to function in a diverse society and can help break down
longstanding patterns of racial isolation in adult social
relationships.
`(5) Despite ongoing desegregation efforts in the Nation--
`(A) almost one-third of our elementary and secondary schools continue
to be schools with 50 percent or more minority students;
`(B) more than two-thirds of minority students attend schools with 50
percent or more minority students, and almost half of minority students
attend schools with 75 percent or more minority students;
`(C) almost one-third of non-minority students attend schools with
less than 10 percent minority students;
`(D) almost one-quarter of African-American students attend schools
with 90 percent or more African-American students; and
`(E) almost one-third of Hispanic students attend schools with 75
percent or more Hispanic students.
`(6) Local educational agencies' use of magnet schools has increased
dramatically since the enactment of the Magnet Schools Assistance program,
thus increasing public school options for the approximately two million
students nationwide now attending such schools, of which more than 65
percent of the students are minority.
`(7) Magnet schools offer a wide range of distinctive programs that have
served as models for school improvement efforts.
`(8) In administering the Magnet Schools Assistance program, the Federal
Government has learned that--
`(A) where magnet programs are implemented for only a portion of a
school's student body, special efforts must be made to discourage the
isolation of--
`(i) magnet school students from other students in the school;
and
`(ii) students by racial characteristics;
`(B) local educational agencies can maximize their effectiveness in
achieving the purposes of the Magnet Schools Assistance program if they
have more flexibility in the administration of the program in order to
serve students attending a school who are not enrolled in the magnet
program;
`(C) local educational agencies must be creative in designing magnet
schools for students at all academic levels, so that those schools do not
serve only the highest-achieving students;
`(D) consistent with desegregation guidelines, local educational
agencies must seek to enable participation in magnet school programs by
students who reside in the neighborhoods where the programs
operate;
`(E) in order to ensure that magnet schools are sustained after
Federal funding ends, the Federal Government must assist school districts
to improve their capacity to continue operating magnet schools at a high
level of performance; and
`(F) magnet schools and interdistrict magnet programs have provided
poor and minority students opportunities to succeed academically and
continue with college or productive employment.
`(9) It is in the best interest of the Federal Government to--
`(A) continue Federal support of school districts implementing
court-ordered desegregation plans and school districts seeking to foster
meaningful interaction among students of different racial and ethnic
backgrounds, beginning at the earliest stage of their education;
`(B) help ensure that all students have equitable access to
high-quality education that will prepare them to function well in a
culturally diverse, technologically oriented, and highly competitive
global community; and
`(C) help maximize the ability of local educational agencies to plan,
develop, implement and continue effective and innovative magnet schools
that contribute to State and local systemic reform.'.
(b) PURPOSE- Section 5102(3) of the ESEA is amended to read as follows:
`(3) the development and design of innovative educational methods and
practices that promote diversity and increase choices in public elementary
and secondary schools and educational programs; and'.
(c) APPLICATION REQUIREMENTS- Section 5106(b)(1)(D) of the ESEA is amended
by--
(1) striking out `under this Act, the Goals 2000: Educate America Act,'
and inserting in lieu thereof `under this Act,'; and
(2) striking out `section 14306' and inserting in lieu thereof `section
14307'.
(d) PRIORITY- Section 5107 of the ESEA is amended by--
(1) striking out paragraphs (1) and (5);
(2) redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2),
and (3), respectively; and
(3) adding a new paragraph (4) to read as follows:
`(4) propose activities, which may include professional development,
that will build local capacity to operate the magnet program once Federal
assistance has ended.'.
(e) USES OF FUNDS- Section 5108(a) of the ESEA is amended--
(1) by amending paragraph (3) to read as follows:
`(3) for the payment, or subsidization of the compensation, of--
`(A) elementary and secondary school teachers who are certified or
licensed by the State; and
`(B) instructional staff who have--
`(i) expertise and professional skills necessary for the conduct of
programs in magnet schools; or
`(ii) demonstrate knowledge, experience, or skills in the relevant
field of expertise, such as expertise in the performing arts, the
medical sciences, or the field of law;';
(2) in paragraph (4), by striking out the period and inserting in lieu
thereof a semicolon and `and'; and
(3) by adding a new paragraph (5) to read as follows:
`(5) for activities, which may include professional development, that
will build the applicant's capacity to operate the magnet program once
Federal assistance has ended.'.
(f) REPEAL- Section 5111 of the ESEA is repealed.
(g) EVALUATION, TECHNICAL ASSISTANCE, AND DISSEMINATION- Section 5112 of
the ESEA is--
(1) redesignated as section 5111; and
(2) amended, as redesignated by paragraph (1), to read as follows:
`EVALUATION, TECHNICAL ASSISTANCE, AND DISSEMINATION
`SEC. 5111. The Secretary may reserve not more than five percent of the
funds appropriated under section 5112(a) for any fiscal year--
`(1) for evaluations of magnet school programs assisted under this part,
which, at a minimum, shall address--
`(A) how, and the extent to which, magnet school programs lead to high
educational quality and improvement;
`(B) the extent to which magnet school programs enhance student access
to high-quality education;
`(C) the extent to which magnet school programs lead to the
elimination, reduction, or prevention of minority group isolation in
elementary and secondary schools with substantial proportions of minority
students;
`(D) the extent to which magnet school programs differ from other
school programs in terms of organizational characteristics and resource
allocations; and
`(E) the extent to which magnet school programs continue once grant
assistance under this part ends;
`(2) to provide technical assistance to applicants and grantees;
and
`(3) to collect and disseminate information on successful magnet school
programs.'.
(h) AUTHORIZATION OF APPROPRIATIONS- (1) Section 5113(a) of the ESEA is
amended to read as follows:
`(a) AUTHORIZATION- For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
(2) Section 5113 of the ESEA, as amended by paragraph (1), is redesignated
as section 5112.
AMENDMENTS TO AND REDESIGNATION OF THE WOMEN'S EDUCATIONAL EQUITY
PROGRAM
SEC. 503. (a) AMENDMENTS TO THE WOMEN'S EDUCATIONAL EQUITY PROGRAM- (1)
Section 5201 of the ESEA is amended--
(A) in subsection (a), by striking out `of 1994'; and
(B) in subsection (b)(3)--
(i) in paragraph (B), by striking out `do not' and inserting in lieu
thereof `continue not to'; and
(ii) by amending paragraph (C) to read as follows:
`(C) girls lose confidence in their mathematics and science ability as
they move through adolescence, girls do not take as many upper-level
mathematics and science courses as boys, and girls are dramatically
underrepresented in higher-level computer science courses;'.
(2) Section 5204 of the ESEA is amended--
(A) by striking out `section 5203(b)(1)' each place it appears and
inserting in lieu thereof `section 5403(b)(2)(A)' in each such place;
(B) in paragraph (2), by striking out `the National Education Goals' and
inserting in lieu thereof `America's Education Goals';
(C) by striking out paragraph (4); and
(D) by redesignating paragraphs (5) through (7) as paragraphs (4)
through (6), respectively.
(3) Section 5205(a)(1) of the ESEA is amended by striking out `section
5203(b)' and inserting in lieu thereof `section 5403(b)'.
(4) Section 5206 of the ESEA is repealed.
(5) Section 5207 of the ESEA is amended--
(A) by striking out subsection (a); and
(B) in subsection (b), by striking out the subsection designation and
heading.
(6) Section 5208 is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 5208. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years.'.
(b) REDESIGNATION- (1) Part B of title V of the ESEA is redesignated as
part D.
(2) Sections 5201, 5202, 5203, 5204, 5205, 5207, and 5208 of the ESEA are
redesignated as sections 5401, 5402, 5403, 5404, 5405, 5406, and 5407,
respectively.
REPEAL OF THE ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS PROGRAM
SEC. 504. Part C of title V of the ESEA is repealed.
REDESIGNATION OF THE PUBLIC CHARTER SCHOOLS PROGRAM
SEC. 505. (a) REDESIGNATION- (1) Part C of title X of the ESEA is
redesignated as part B of title V of the ESEA.
(2) The heading for Part B of Title V of the ESEA, as redesignated by
paragraph (1), is amended to read as follows:
`Part B--Public Charter Schools'.
(3) Sections 10301 through 10311 of the ESEA are redesignated as sections
5201 through 5211 of title V of the ESEA, respectively.
(b) CONFORMING AMENDMENTS- (1) Section 5202 of the ESEA, as redesignated
by subsection (a)(3), is amended--
(A) in subsection (a), by striking out `section 10303' and inserting in
lieu thereof `section 5203';
(B) in subsection (b), by--
(i) striking out `section 10303' and inserting in lieu thereof
`section 5203'; and
(ii) striking out `section 10303(c)' and inserting in lieu thereof
`section 5203(c)';
(C) in subsection (c)(2)(C), by striking out `section 10304(f)(6)(B)'
and inserting in lieu thereof `section 5204(f)(6)(B)'; and
(D) in subsection (e)(1), by striking out `section 10311' each place it
appears and inserting in lieu thereof `section 5211'.
(2) Section 5203 of the ESEA, as redesignated by subsection (a)(3), is
amended--
(A) in subsection (b)(3)(L), by striking out `section 10302(c)(2)(C)'
and inserting in lieu thereof `section 5202(c)(2)(C)';
(B) in subsection (c), by striking out `section 10302(e)(1) or 10302(b)'
and inserting in lieu thereof `section 5202(b)'; and
(C) in subsection (d)(2)(B), by striking out `section 10304(e)' and
inserting in lieu thereof `section 5204(e)'.
(3) Section 5204 of the ESEA, as redesignated by subsection (a)(3), is
amended--
(i) in the matter before paragraph (1), by striking out `section
10303(b)' and inserting in lieu thereof `section 5203(b)'; and
(ii) in paragraph (7), by striking out `section 10302(c)(2)(C)' and
inserting in lieu thereof `section 5202(c)(2)(C)';
(B) in subsection (b)(7), by striking out `section 10302(c)(2)(C)' and
inserting in lieu thereof `section 5202(c)(2)(C)'; and
(C) in subsection (e), by striking out `section 10310(1)' and inserting
in lieu thereof `section 5210(1)'.
OPTIONS: OPPORTUNITIES TO IMPROVE OUR NATION'S SCHOOLS
SEC. 506. Title V of the ESEA is further amended by adding a new part C to
read as follows:
`Part C--Options: Opportunities To Improve Our Nation's Schools
`FINDINGS; PURPOSE
`SEC. 5301. (a) FINDINGS- The Congress finds that--
`(1) a wide variety of educational opportunities and options in the
public school system is needed to help all children achieve to high
standards;
`(2) high-quality public school choice programs that are genuinely open
and accessible to all students (including poor, minority, limited English
proficient, and disabled students) broaden educational opportunities and
promote excellence in education;
`(3) current research shows that--
`(A) students learn in different ways, benefiting from different
teaching methods and instructional settings; and
`(B) family involvement in a child's education (such as helping choose
what courses to take) is a key factor supporting student
achievement;
`(4) public school systems have begun to develop a variety of innovative
programs that offer expanded choices to parents and students; and
`(5) the Federal Government should support and expand efforts to give
students and parents the high-quality public school choices they seek, to
help eliminate barriers to effective public school choice, and to
disseminate the lessons learned from high-quality choice programs so that
all public schools can benefit from these efforts.
`(b) PURPOSE- It is the purpose of this part to identify and support
innovative approaches to high-quality public school choice by providing
financial assistance for the demonstration, development, implementation, and
evaluation of, and dissemination of information about, public school choice
projects that stimulate educational innovation for all public schools and
contribute to standards-based school reform efforts.
`GRANTS
`SEC. 5302. (a) IN GENERAL- From funds appropriated under section 5305(a)
and not reserved under section 5305(b), the Secretary is authorized to make
grants to State and local educational agencies to support programs that
promote innovative approaches to high-quality public school choice.
`(b) DURATION- Grants under this part shall not exceed three years.
`USES OF FUNDS
`SEC. 5303. (a) USES OF FUNDS- (1) Funds under this part may be used to
demonstrate, develop, implement, evaluate, and disseminate information on
innovative approaches to broaden 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) Examples of such approaches at the school, district, and State levels
are--
`(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 shall--
`(1) supplement, and not supplant, non-Federal funds expended for
existing programs;
`(2) not be used for transportation; and
`(3) not be used to fund projects that are specifically authorized under
part A or B of this title.
`GRANT APPLICATION; PRIORITIES
`SEC. 5304. (a) APPLICATION REQUIRED- A State or local educational agency
desiring to receive a grant under this part shall submit an application to the
Secretary, in such form and containing such information, as the Secretary may
require.
`(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 its 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.
`(c) PRIORITIES- (1) The Secretary shall give a priority to applications
for projects that would serve high-poverty local educational agencies.
`(2) The Secretary is authorized to give a priority to applications
demonstrating that the applicant will carry out its project in partnership
with one or more public and private agencies, organizations, and institutions,
including institutions of higher education and public and private
employers.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 5305. (a) AUTHORIZATION OF APPROPRIATION- For the purpose of
carrying out this part, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2001 and for each of the four succeeding
fiscal years.
`(b) RESERVATION FOR EVALUATION, TECHNICAL ASSISTANCE, AND DISSEMINATION-
From the amount appropriated under subsection (a) for any fiscal year, the
Secretary may reserve not more than five percent to carry out evaluations
under subsection (c), to provide technical assistance, and to disseminate
information.
`(c) EVALUATIONS- The Secretary may use funds reserved under subsection
(b) to carry out one or more evaluations of programs assisted under this part,
which shall, at a minimum, address--
`(1) how, and the extent to which, the programs supported with funds
under this part promote educational equity and excellence; and
`(2) the extent to which public schools of choice supported with funds
under this part are--
`(A) held accountable to the public;
`(B) effective in improving public education; and
`(C) open and accessible to all students.'.
TITLE VI--CLASS-SIZE REDUCTION
CLASS-SIZE REDUCTION
SEC. 601. Title VI of the ESEA is amended to read as follows:
`FINDINGS
`SEC. 6001. The Congress finds as follows:
`(1) Rigorous research has shown that students attending small classes
than students in larger classes, and that these achievement gains persist
through at least the 8th grade.
`(2) The benefits of smaller classes are greatest for lower-achieving,
minority, poor, and inner-city children. One study found that urban
fourth-graders in smaller-than-average classes were three-quarters 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 on other
tasks, and cover more material effectively, and are better able to work with
parents to further their children's education.
`(4) Smaller classes allow teachers to identify and work sooner with
students who have learning disabilities, thereby potentially reducing those
students' need 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 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, on-going professional development.
`(7) Several States and school districts have begun a serious effort to
reduce class sizes in the early elementary grades, but these actions may be
impeded by financial limitations or difficulties in hiring highly qualified
teachers.
`(8) The Federal Government can assist in this effort by providing
funding for class-size reductions in grades one through three, and by
helping to ensure that both new and current teachers who are moving into
smaller classrooms are well prepared.
`PURPOSE
`SEC. 6002. The purpose of this title is to help States and local
educational agencies recruit, train, and hire 100,000 additional teachers in
order to--
`(1) reduce class sizes nationally, in grades 1 through 3, to an average
of 18 students per regular classroom; and
`(2) improve teaching in the early grades so that all students can learn
to read independently and well by the end of the third grade.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 6003. For the purpose of carrying out this title, there are
authorized to be appropriated such sums as may be necessary for each of the
fiscal years 2001 through 2005.
`ALLOCATIONS TO STATES
`SEC. 6004. (a) RESERVATION FOR THE OUTLYING AREAS AND THE BUREAU OF
INDIAN AFFAIRS- Of the amount appropriated under section 6003 for any fiscal
year, the Secretary shall reserve a total of not more than 1 percent to make
payments, on the basis of their respective needs, to--
`(1) American Samoa, Guam, the Virgin Islands, and the Commonwealth of
the Northern Mariana Islands for activities, approved by the Secretary,
consistent with this Act; and
`(2) the Secretary of the Interior for activities approved by the
Secretary, consistent with this Act, in schools operated or supported by the
Bureau of Indian Affairs.
`(b) ALLOCATIONS TO STATES- (1) After reserving funds under subsection
(a), the Secretary shall allocate to each State the percentage of the
remaining amount that is the greater of the percentage it received for the
preceding fiscal year of the total amount allocated to the States under
section 1122 of this Act or section 2202(b) of this Act, as it was in effect
before enactment of the Educational Excellence for All Children Act of 1999,
or under section 2121 of this Act, as the case may be.
`(2) The Secretary shall ratably reduce the allocations determined under
paragraph (1) as necessary.
`(3) If any State chooses not to participate in the program under this
Act, or fails to submit an approvable application, the Secretary shall
reallocate its allocation to the remaining States, in accordance with
paragraph (1).
`APPLICATIONS
`SEC. 6005. (a) APPLICATION REQUIRED- The State educational agency of each
State desiring to receive a grant under this title shall submit an application
to the Secretary at such time, in such form, and containing such information
as the Secretary may require.
`(b) CONTENTS- Each application shall include--
`(1) the State's goals for using funds under this title to reduce
average class sizes in regular classrooms in grades 1 through 3, including a
description of current class sizes in those grades in the local educational
agencies of the State;
`(2) a description of the State educational agency's plan for allocating
program funds within the State;
`(3) a description of how the State will use other funds, including
other Federal funds, to reduce class sizes and improve teacher quality and
reading achievement within the State; and
`(4) an assurance that the State educational agency will submit such
reports and information as the Secretary may reasonably require.
`(c) APPROVAL OF APPLICATIONS- The Secretary shall approve a State's
application if it meets the requirements of this section and holds reasonable
promise of achieving the purposes of this Act.
`WITHIN-STATE ALLOCATIONS
`SEC. 6006. (a) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- Each State that
receives funds under this title for any fiscal year may reserve not more than
1 percent of those funds for the cost of administering this title, and shall
distribute all remaining funds to local educational agencies, of which--
`(1)(A) 80 percent shall be allocated to local educational agencies in
proportion to the relative numbers of children, aged 5 through 17, who
reside in the school districts served by those agencies and who are 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)) applicable to a
family of the size involved for the most recent fiscal year for which
satisfactory data are available; except that
`(B) a State may adjust the data described in subparagraph (A), or use
alternative child-poverty data, if it demonstrates to the Secretary's
satisfaction that such adjusted or alternative data more accurately reflect
the incidence of children living in poverty in local educational agencies in
the State; and
`(2) 20 percent shall be allocated in accordance with the relative
enrollments of children, aged 5 through 17, in public and private nonprofit
elementary and secondary schools within the boundaries of those
agencies.
`(b) REALLOCATION- If any local educational agency chooses not to
participate in the program under this title, or fails to submit an approvable
application, the State educational agency shall reallocate its allocation to
the remaining local educational agencies, in accordance with subsection
(a).
`LOCAL APPLICATIONS
`SEC. 6007. Each local educational agency that wishes to receive a
subgrant under section 6006 shall submit an application to the State
educational agency that contains a description of its program to reduce class
size by hiring additional highly qualified teachers.
`USES OF FUNDS
`SEC. 6008. (a) ADMINISTRATIVE EXPENSES- Each local educational agency
receiving a subgrant under section 6006 may use not more than 3 percent of the
subgrant funds for any fiscal year for the costs of administering this
title.
`(b) TEACHER TESTING AND PROFESSIONAL DEVELOPMENT- Each local educational
agency may use not more than a total of 15 percent of the funds it receives
under this title for any fiscal year to--
`(1) assess new teachers for their competency in content knowledge and
teaching skills;
`(2) assist new teachers to take any tests required to meet State
certification requirements; and
`(3) provide professional development to teachers (including teachers of
children with disabilities and teachers of children with limited English
proficiency), which it shall coordinate with activities carried out under
titles II and VII of this Act, title II of the Higher Education Act of 1965,
and the Individuals with Disabilities Education Act, if it is participating
in programs funded under those statutes.
`(c) RECRUITING, HIRING, AND TRAINING TEACHERS- Each local educational
agency shall use any funds not expended under subsection (a) or (b) to
recruit, hire, and train certified teachers (which may include teachers
certified through State and local alternative routes), for the purpose of
reducing class size to 18, which may include hiring special education teachers
to team-teach with regular classroom teachers.
`(d) LIMITATION- No local educational agency may use funds made available
under this title to increase the salary of, or to provide benefits (other than
participation in professional development and enrichment programs) to, any
teacher who is, or has been, employed by the agency.
`(e) ADDITIONAL USES- A local educational agency that has already reduced
class size in grades 1 through 3 to 18 or fewer children may use funds
received under this title to--
`(1) make further class-size reductions in grades 1 through 3;
`(2) reduce class size in kindergarten or other grades; or
`(3) carry out activities to improve teacher quality, including
professional development.
`(f) SMALL LEAS- Notwithstanding any other provision of this section
(except for subsection (d)), a local educational agency that receives a
subgrant under this section in an amount less than the starting salary for a
new teacher in that agency may use the subgrant funds--
`(1) to form a consortium with one or more other local educational
agencies for the purpose of reducing class size;
`(2) to help pay the salary of a full or part-time teacher hired to
reduce class size; or
`(3) for professional development related to teaching in smaller
classes, if the amount of the subgrant is less than $10,000.
`COST-SHARING REQUIREMENT
`SEC. 6009. (a) FEDERAL SHARE- (1) The Federal share of the cost of
activities carried out under this title may be up to 100 percent in local
educational agencies with child-poverty levels greater than 50 percent, but
shall be no more than 65 percent in local educational agencies with
child-poverty rates of less than 50 percent.
`(2) In determining the child-poverty rates and Federal share of
individual local educational agencies under paragraph (1), each State shall
use the most recent census data that the Secretary finds satisfactory.
`(b) LOCAL SHARE- A local educational agency shall provide the non-Federal
share of a project under this Act through cash expenditures from non-Federal
sources, except that if an agency has allocated funds under section 1113(c) of
this Act to one or more schoolwide programs under section 1114, it may use
those funds for the non-Federal share of activities under this program that
benefit those schoolwide programs, to the extent consistent with section
1120A(c) and notwithstanding section 1114(a)(3)(B).
`NONSUPPLANTING
`SEC. 6010. A local educational agency shall use funds it receives under
this title to supplement the level of funds that, in the absence of funds
under this title, would be spent for the combination of--
`(1) teachers in regular classrooms in schools receiving assistance
under this title;
`(2) assessing new teachers in their competency in content knowledge and
teaching skills, and to assist new teachers to take any tests required to
meet State certification standards; and
`(3) professional development for teachers.
`ANNUAL STATE REPORTS
`SEC. 6011. Each State receiving funds under this title shall submit to
the Secretary an annual report on its activities under this title, in such
form and containing such information as the Secretary may reasonably
require.
`PARTICIPATION OF PRIVATE SCHOOL TEACHERS
`SEC. 6012. (a) IN GENERAL- Each local educational agency receiving funds
under this title shall, in accordance with sections 11803 through 11806,
provide for the equitable participation of private school teachers in the
professional development activities the agency and its schools carry out with
those funds.
`(b) LIMITATION- Sections 11803 through 11806 do not apply to other
activities under this title.
`DEFINITION
`SEC. 6013. As used in this title, the term `State' means each of the 50
States, the District of Columbia, and Puerto Rico.'.
TITLE VII--BILINGUAL EDUCATION ACT
FINDINGS, POLICY, AND PURPOSE
SEC. 701. Section 7102 of the Act is amended--
(1) by amending subsection (a) to read as follows:
`(a) FINDINGS- The Congress finds that--
`(1) as the Nations of the world become increasingly interdependent and
as international communication becomes a daily occurrence in government,
business, commerce, and family life, multilingual skills constitute an
important national resource that deserves protection and development;
`(2) the presence of language-minority Americans is related to Federal
immigration policies;
`(3) language-minority Americans speak virtually all languages,
including many that are indigenous to the United States;
`(4) many language-minority Americans are limited in their English
proficiency, and many have limited education and income;
`(5) there are large, and growing, numbers of children and youth of
limited English proficiency, many of whom have a cultural heritage that
differs from that of their English proficient peers;
`(6) limited English proficient students and their families are
increasingly moving into school districts that do not have appropriate
services in place to serve them;
`(7) limited English proficient students arrive at their schools at
various age levels and often with little or no prior formal schooling;
`(8) 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) segregated education programs;
`(B) disproportionate and improper placement in special education and
other special programs, due to the use of inappropriate evaluation
procedures;
`(C) 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 at least half of all
students were eligible for free or reduced-price meals;
`(D) the limited English proficiency of their parents, which hinders
parents' ability to participate fully in the education of their children;
and
`(E) a shortage of teachers and other staff who are professionally
trained and qualified to serve such children and youth;
`(9) school districts and schools find it challenging to include limited
English proficient students in their reform efforts;
`(10) a 1999 National Center for Education Statistics survey found that
teachers are less likely to participate in professional development designed
to address the needs of limited English proficient students than to take
part in any other kind of professional development activity;
`(11) institutions of higher education can assist in preparing teachers,
administrators, and other school personnel to understand and build upon the
educational strengths and needs of language-minority and culturally diverse
student enrollments;
`(12) high-quality bilingual education programs enable children and
youth to learn English and meet high academic standards;
`(13) a 1998 National Research Council report, Preventing Reading
Difficulties in Young Children, found that limited English proficient
students should be taught to read first in their native language and that,
if such an approach is not possible due to lack of materials and resources,
limited English proficient students should attain some fluency in oral
English before they receive formal reading instruction in English;
`(14) the use of a child's or youth's native language and culture in
classroom instruction can--
`(A) promote self-esteem and contribute to academic achievement and
learning English by limited English proficient children and
youth;
`(B) benefit children and youth who are proficient in English and also
participate in such programs; and
`(C) develop our Nation's national language resources, thus promoting
our Nation's competitiveness in the global economy;
`(15) research, evaluation, and data collection capabilities in the
field of bilingual education need to be strengthened so that educators and
other staff can better identify and promote programs, program implementation
strategies, and instructional practices that result in effective education
of limited English proficient children;
`(16) parent and community participation in bilingual education programs
contributes to program effectiveness;
`(17) educational technology has the potential for improving the
education of language-minority and limited English proficient students and
their families, and the Federal Government should foster development of that
technology;
`(18) the Federal Government, as reflected in title VI of the Civil
Rights Act of 1964 and section 204(f) of the Equal Education Opportunities
Act of 1974, has a special and continuing obligation to ensure that States
and local school districts take appropriate action to provide equal
educational opportunities to children and youth of limited English
proficiency;
`(19) the Federal Government also, as exemplified by programs authorized
under this title, has a special and continuing obligation to assist States
and local school districts to develop the capacity to provide programs of
instruction that offer limited English proficient children and youth an
equal educational opportunity; and
`(20) Native Americans and Native American languages (as such terms are
defined in section 103 of the Native American Languages Act), including
native residents of the outlying areas, have a unique status under Federal
law that requires special policies within the broad purposes of this
Act.';
(2) by amending subsection (b) to read as follows:
`(b) POLICY- The Congress declares it to be the policy of the United
States--
`(1) in order to ensure equal educational opportunity for all children
and youth and to promote educational excellence, that the Federal Government
should assist State and local educational agencies, institutions of higher
education, and community-based organizations to build their capacity to
establish, implement, and sustain programs of instruction for children and
youth of limited English proficiency; and
`(2) in order to ensure that school districts are providing effective
instruction to limited English proficient students that enable students to
achieve to challenging State standards and are providing programs under
subtitle 1 of part A of this title that are consistent with the requirements
under section 1111(b)(2)(F)(v) of title I of this Act, that--
`(A) those students should be included in State assessments of
academic performance;
`(B) those students should be assessed, to the extent practicable, in
the language and form most likely to yield accurate and reliable
information on what those students know, and can do, in subjects other
than English, including using tests written in Spanish for
Spanish-speaking students with limited English proficiency, if those tests
are more likely than tests written in English to yield accurate and
reliable information on what those students know, and can do, in subjects
other than English; and
`(C) those students who have been in United States schools (not
including Puerto Rico) for three consecutive years or more should be
tested in reading and language arts using tests written in English.';
and
(A) in the matter before paragraph (1), by striking out `to educate
limited English proficient children and youth to' and inserting in lieu
thereof `to help ensure that limited English proficient students master
English and'; and
(B) by amending paragraph (1) to read as follows:
`(1) promoting systemic improvement and reform of, and developing
accountability systems for, educational programs serving students with
limited English proficiency.'.
AUTHORIZATION OF APPROPRIATIONS FOR PART A
SEC. 702. Section 7103(a) of the ESEA is amended to read as follows:
`(a) IN GENERAL- For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for each of fiscal
years 2001 through 2005.'.
PROGRAM DEVELOPMENT AND ENHANCEMENT GRANTS
SEC. 703. Section 7113 of the ESEA is amended--
(1) by amending the section heading to read as follows: `PROGRAM
DEVELOPMENT AND ENHANCEMENT GRANTS';
(2) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to provide grants to eligible
entities to carry out innovative instructional programs for limited English
proficient students.';
(A) in paragraph (1)(B), by striking out `two' and inserting in lieu
thereof `three'; and
(B) by amending paragraph (2) to read as follows:
`(2) AUTHORIZED ACTIVITIES- (A) Grants under this section shall be used
for--
`(i) developing and implementing comprehensive, preschool, elementary,
or secondary education programs for children and youth with limited
English proficiency, that are aligned with standards-based State and local
school reform efforts and coordinated with other relevant programs and
services to meet the full range of educational needs of such children and
youth;
`(ii) providing high-quality professional development to classroom
teachers, administrators, and other school or community-based organization
personnel to improve the instruction and assessment of limited English
proficient students; and
`(iii) annually assessing the English proficiency of all limited
English proficient students served by the program.
`(B) Grants under this section may be used for--
`(i) implementing programs to upgrade the reading and other academic
skills of limited English proficient students;
`(ii) developing accountability systems to track the academic progress
of limited English proficient and formerly limited English proficient
students;
`(iii) implementing family education programs and parent outreach and
training activities designed to assist parents to become active
participants in the education of their children;
`(iv) improving the instructional program for limited English
proficient students by identifying, acquiring, and applying effective
curriculum, instructional materials, assessments, and educational
technology aligned with State and local standards;
`(v) providing tutorials and academic or career counseling for
children and youth who are limited English proficient; and
`(vi) such other activities, consistent with the purposes of this
part, as the Secretary may approve.'; and
(4) by adding at the end thereof the following new subsection:
`(d) PRIORITY- The Secretary is authorized to give priority to applicants
that have a total district enrollment that is less than 10,000 students and
have limited or no experience in serving limited English proficient
students.'.
COMPREHENSIVE SCHOOL GRANTS
SEC. 704. Section 7114 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to implement school-wide
education programs, in coordination with title I, for children and youth with
limited English proficiency--
`(1) to assist such children and youth to learn English and achieve to
challenging State content and performance standards; and
`(2) to improve, reform, and upgrade relevant programs and operations,
in schools with significant concentrations of such students or that serve
significant numbers of such students.';
(2) by amending subsection (b)(2) to read as follows:
`(2) PROGRAM IMPROVEMENT PLAN- (A) The Secretary, before making a
continuation award for the fourth year of a program under this section,
shall determine if the program is making continuous and substantial progress
in assisting children and youth with limited English proficiency to learn
English and achieve to challenging State content and performance standards.
The Secretary shall base the determination on--
`(i) the indicators established under section 7118(d) and the data and
information collected under section 7118; and
`(ii) such other data and information as the Secretary may
require.
`(B)(i) If the Secretary determines that a recipient requesting a
fourth-year continuation award under this section is not making continuous
and substantial progress under subparagraph (A), the recipient shall
promptly develop and submit to the Secretary a program improvement plan for
its program.
`(ii) The Secretary shall approve a program improvement plan under
clause (i) only if he or she determines that it holds reasonable promise of
enabling students with limited English proficiency participating in the
program to learn English and achieve to challenging State content and
performance standards.
`(iii) If the Secretary determines that the recipient is not making
substantial progress in implementing the program improvement plan under
clause (i), the Secretary shall deny a continuation award.';
(3) by amending paragraphs (3) and (4) to read as follows:
`(3) AUTHORIZED ACTIVITIES- (A) Grants under this section shall be used
to improve the education of limited English proficient students and their
families by--
`(i) coordinating the program with district policies and practices, as
well as other relevant programs and services, and aligning the program
with school reform efforts to meet the full range of educational needs of
limited English proficient students;
`(ii) providing training to all, or virtually all, school personnel
and participating community-based organization personnel to improve the
instruction and assessment of limited English proficient
students;
`(iii) developing or improving accountability systems to track the
academic progress of limited English proficient and formerly limited
English proficient students; and
`(iv) annually assessing the English proficiency of all limited
English proficient students served by the program.
`(B) Grants under this section may also be used for--
`(i) implementing programs to upgrade the reading and other academic
skills of limited English proficient students;
`(ii) developing and using educational technology, including
interactive technology, to improve learning, assessments, and
accountability;
`(iii) implementing and adapting research-based models for meeting the
needs of limited English proficient students;
`(iv) developing and implementing programs to meet the needs of
limited English proficient students with disabilities;
`(v) implementing family education programs and parent outreach and
training activities designed to assist parents to become active
participants in the education of their children;
`(vi) improving the instructional program for limited English
proficient students by identifying, acquiring, and upgrading curriculum,
instructional materials, educational software and assessment
procedures;
`(vii) providing tutorials and academic or career counseling for
children and youth of limited English proficiency;
`(viii) developing and implementing programs to help all students
become proficient in more than one language; and
`(ix) carrying out such other activities, consistent with the purposes
of this part, as the Secretary may approve.
`(4) SPECIAL RULES- A grant recipient--
`(A) before carrying out a program assisted under this section, shall
plan, train personnel, develop curriculum, and acquire or develop
materials, but shall not use funds under this section for planning
purposes for more than 90 days; and
`(B) shall not carry out a program under this section in more than two
schools for each grant it receives under this section.'.
SYSTEMWIDE IMPROVEMENT GRANTS
SEC. 705. Section 7115 of the ESEA is amended--
(1) in subsection (a), by striking out `bilingual education programs or
special alternative instruction programs to' and inserting in lieu thereof
`instructional programs for children and youth with limited English
proficiency';
(2) by amending subsection (b)(2) to read as follows:
`(2) PROGRAM IMPROVEMENT PLAN- (A) The Secretary, before making a
continuation award for the fourth year of a program under this section,
shall determine if the program is making continuous and substantial progress
in assisting children and youth with limited English proficiency to learn
English and achieve to challenging State content and performance standards.
The Secretary shall base the determination on--
`(i) the indicators established under section 7118(d) and the data and
information collected under section 7118; and
`(ii) such other data and information as the Secretary may
require.
`(B)(i) If the Secretary determines that a recipient requesting a
fourth-year continuation award under this section is not making continuous
and substantial progress under subparagraph (A), the recipient shall
promptly develop and submit to the Secretary a program improvement plan for
its program.
`(ii) The Secretary shall approve a program improvement plan under
clause (i) only if he or she determines that it holds reasonable promise of
enabling students with limited English proficiency participating in the
program to learn English and achieve to challenging State content and
performance standards.
`(iii) If the Secretary determines that the recipient is not making
substantial progress in implementing the program improvement plan under
clause (i), the Secretary shall deny a continuation award.';
(3) by amending paragraph (4) to read as follows:
`(4) AUTHORIZED ACTIVITIES- (A) Grants under this section shall be used
for--
`(i) aligning programs for limited English proficient students in the
district with school, district, and State reform efforts and coordinating
the program with other relevant programs, such as title I, and services to
meet the full range of educational needs of limited English proficient
students throughout the district;
`(ii) providing high-quality professional development that is aligned
with high standards to classroom teachers, administrators, and other
school or community-based organization personnel to improve the
instruction and assessment of limited English proficient
students;
`(iii) developing and implementing a plan, coordinated with programs
under title II of Higher Education Act of 1965 where applicable, to
recruit teachers trained to serve limited English proficient
students;
`(iv) annually assessing the English proficiency of all limited
English proficient students served by the program; and
`(v) developing or improving accountability systems that are
consistent with the State's accountability system to measure limited
English proficient students' academic progress in a valid and reliable
manner.
`(B) Grants under this section may also be used for--
`(i) developing and implementing programs to help all students become
proficient in more than one language;
`(ii) developing content and performance standards for learning
English as a second language, as well as for learning other
languages;
`(iii) developing assessments tied to State performance
standards;
`(iv) developing performance standards for students with limited
English proficiency that are aligned with challenging State content
standards;
`(v) redesigning programs for limited English proficient students to
meet the needs of changing population of such students;
`(vi) coordinating assessments with State accountability
systems;
`(vii) implementing policies and procedures to ensure that limited
English proficient students have access to all district programs, such as
gifted and talented, vocational education, and special education programs;
and
`(viii) integrating technology into all aspects of educating limited
English proficient students, including data management systems and the
delivery of instructional services to limited English proficient
students.'.
APPLICATIONS FOR AWARDS UNDER SUBPART 1
SEC. 706. Section 7116 of the ESEA is amended--
(A) in paragraph (1), by striking out `such application' and inserting
in lieu thereof `its written comments on the application'; and
(B) by amending paragraph (2)(B) to read as follows:
`(B) For purposes of this subpart, such comments shall
address--
`(i) how the grant activities will further the academic achievement
and English proficiency of limited English proficient students served
under a grant received under this subpart; and
`(ii) how the grant application is consistent with the State plan,
especially with regard to State assessments, required under section
1111.';
(2) by amending subsection (f) to read as follows:
`(f) REQUIRED DOCUMENTATION- Such application shall include documentation
that--
`(1) the applicant has the qualified personnel required to develop,
administer, and implement the proposed program; and
`(2) the leadership of each participating school has been involved in
the development and planning of the program in the school.';
(3) in subsection (g)(1)--
(A) by amending subparagraph (A) to read as follows:
`(A) A description of the need for the proposed program, including
data on the number of children and youth of limited English proficiency in
the schools or school districts to be served and the characteristics of
such children and youth, including--
`(i) the native languages of the students to be served;
`(ii) student proficiency in English and the native
language;
`(iii) current achievement data of the limited English proficient
students to be served by the program (and in comparison to their English
proficient peers) in--
`(I) reading or language arts (in English and in the native
language, if applicable); and
`(iv) reclassification rates for limited English proficient students
in the district;
`(v) the previous schooling experiences of participating
students;
`(vi) the professional development needs of the instructional
personnel who will provide services for limited English proficient
students, including the need for certified teachers; and
`(vii) how the grant would supplement the basic services provided to
limited English proficient students.';
(B) in subparagraph (B)--
(i) by amending clause (ii) to read as follows:
`(ii) is coordinated with other programs under this Act, and other
Acts as appropriate, such as the Individuals with Disabilities Education
Act and the Carl D. Perkins Vocational and Technical Education Act, in
accordance with section 11505;';
(ii) by redesignating clauses (ii) through (v) as clauses (iii)
through (vi), respectively; and
(iii) by inserting a new clause (ii) to read as follows:
`(ii) will supplement the basic services the applicant provides to
limited English proficient students;'; and
(C) by amending subparagraph (E) to read as follows:
`(E) An assurance that the applicant will employ teachers in the
proposed program who individually, or in combination, are proficient
in--
`(i) English, including written, as well as oral, communication
skills; and
`(ii) the native language of the majority of students they teach, if
instruction in the program is also in the native language.';
and
(A) by amending paragraphs (1) and (2) to read as follows:
`(1) PRIORITY- The Secretary is authorized to give priority to
applicants that--
`(A) experience a dramatic increase in the number of limited English
proficient students enrolled;
`(B) demonstrate that they have a proven record of success in helping
children and youth with limited English proficiency learn English and
achieve to high academic standards; or
`(C) propose programs that provide for the development of bilingual
proficiency both in English and another language for all participating
students.
`(2) LIMITATION- Grants for programs under this subpart that do not use
the students' native language shall not exceed 25 percent of the funds
provided for any type of grant under that section, or of the total funds
provided under this subpart, for any fiscal year.'; and
(B) in paragraph (3), by striking out `special alternative
instructional programs' and inserting in lieu thereof `programs that do
not use the students' native language'.
EVALUATIONS UNDER SUBPART 1
SEC. 707. Section 7123 of the ESEA is amended--
(1) in subsection (a), by striking out `every two years' and inserting
in lieu thereof `every year';
(2) by amending subsection (c) to read as follows:
`(c) EVALUATION COMPONENTS- (1) In preparing evaluation reports, the
recipient shall--
`(A) use the data provided in the application as baseline data against
which to report academic achievement and gains in English proficiency for
students in the program;
`(B) report on the validity and reliability of all instruments used to
measure student progress; and
`(C) enable results to be disaggregated by relevant factors, such as a
student's grade, gender, and language group, and whether the student has a
disability.
`(2) Evaluations shall include--
`(A) data on the project's progress in achieving its objectives;
`(B) data showing the extent to which all students served by the program
are achieving to the State's student performance standards,
including--
`(i) data comparing limited English proficient children and youth with
English proficient students with regard to grade retention and academic
achievement in reading and language arts, in English and in the native
language if the project develops native language proficiency, and in
math;
`(ii) gains in English proficiency, including speaking, comprehension,
reading, and writing, as developmentally appropriate, and such gains in
native language proficiency if the project develops native language
proficiency; and
`(iii) reclassification rates (including average duration in a
program) for limited English proficient students by grade, and data on the
academic achievement of redesignated students for two years after
redesignation;
`(C) program implementation indicators that address each of the
program's objectives and components, including the extent to which
professional development activities have resulted in improved classroom
practices and improved student achievement;
`(D) a description of how the activities funded under the grant are
coordinated and integrated with the overall school program and other
Federal, State, or local programs serving limited English proficient
children and youth; and
`(E) such other information as the Secretary may require.'; and
(3) by adding a new subsection (d) to read as follows:
`(d) PERFORMANCE MEASURES- The Secretary shall establish performance
indicators to determine if programs under sections 7113 and 7114 are making
continuous and substantial progress, and may establish performance indicators
to determine if programs under section 7112 are making continuous and
substantial progress, toward assisting children and youth with limited English
proficiency to learn English and achieve to challenging State content and
performance standards.'.
RESEARCH
SEC. 708. Section 7132 of the ESEA is amended--
(1) in subsection (a), by--
(A) inserting the paragraph designation `(1)' before `The Secretary
shall';
(B) striking out `through the Office of Educational Research and
Improvement in coordination and collaboration with the Office of Bilingual
Education and Minority Language Affairs'; and
(C) adding a paragraph (2) to read as follows:
`(2) Such research may include--
`(A) collecting data needed for compliance with the Government
Performance and Results Act;
`(B) improving data collection procedures and the infrastructure for
data collection on limited English proficient students, for purposes of
improving instruction and accountability;
`(C) developing research-based models for serving limited English
proficient students of diverse language backgrounds and in diverse
educational settings;
`(D) identifying technology-based approaches that show effectiveness
in helping limited English proficient students reach challenging State
standards; and
`(E) other research, demonstration, and data collection activities
consistent with the purpose of this title.';
(A) in paragraph (1), by inserting `and ` at the end thereof;
(B) by striking out paragraphs (2) and (3); and
(C) by redesignating paragraph (4) as paragraph (2);
(A) in paragraph (1), by--
(i) striking out `(1) IN GENERAL.'; and
(ii) by striking out `under subpart 1 or 2' and inserting in lieu
thereof `under subpart 1, section 7124, or subpart 3'; and
(B) striking out paragraph (2); and
(4) by striking out subsection (e).
ACADEMIC EXCELLENCE AWARDS
SEC. 709. Section 7133 of the ESEA is amended to read as follows:
`ACADEMIC EXCELLENCE AWARDS
`SEC. 7133. (a) AUTHORITY- The Secretary is authorized to make grants to
State educational agencies to assist them in recognizing local educational
agencies and other public and non-profit entities whose programs have--
`(1) demonstrated significant progress in assisting limited English
proficient students to learn English within three years; and
`(2) demonstrated significant progress in assisting limited English
proficient students to meet, within three years, the same challenging State
content standards expected of all children and youth.
`(b) APPLICATIONS- A State educational agency desiring a grant under this
section shall include an application for such grant in its application
required under section 7124(e).'.
STATE GRANT PROGRAM
SEC. 710. Section 7134(c) of the ESEA is amended to read as follows:
`(c) USES OF FUNDS- A State educational agency shall use funds awarded
under this section to--
`(1) assist local educational agencies in the State with program design,
capacity building, assessment of student performance, program evaluation,
and development of data collection and accountability systems for limited
English proficient students that are aligned with State reform efforts;
and
`(2) collect data on limited English proficient populations in the State
and the educational programs and services available to such
populations.'.
NATIONAL CLEARINGHOUSE ON THE EDUCATION OF CHILDREN AND YOUTH WITH LIMITED
ENGLISH PROFICIENCY
SEC. 711. Section 7135 of the ESEA is amended to read as follows:
`NATIONAL CLEARINGHOUSE ON THE EDUCATION OF CHILDREN AND YOUTH WITH LIMITED
ENGLISH PROFICIENCY
`SEC. 7135. The Secretary shall establish and support the operation of a
National Clearinghouse on the Education of Children and Youth with Limited
English Proficiency, which shall collect, analyze, synthesize, and disseminate
information about programs related to the education of children and youth with
limited English proficiency and coordinate its activities with Federal data
and information clearinghouses and dissemination networks and systems.'.
INSTRUCTIONAL MATERIALS DEVELOPMENT
SEC. 712. Section 7136 of the ESEA is amended to read as follows:
`INSTRUCTIONAL MATERIALS DEVELOPMENT
`SEC. 7136. (a) AUTHORITY- The Secretary may award grants for the
development, publication, and dissemination of high-quality instructional
materials--
`(1) in Native American and Native Hawaiian languages;
`(2) in the language of Native Pacific Islanders and other natives of
the outlying areas for whom instructional materials are not readily
available;
`(3) in other low-incidence languages in the United States and for which
instructional materials are not readily available; and
`(4) on standards and assessments, and instructional programs related to
the education of children and youth with limited English proficiency, for
dissemination to parents of such children and youth.
`(b) PRIORITIES- The Secretary shall give priority to applications that
provide for--
`(1) developing instructional materials in languages indigenous to the
United States or the outlying areas; and
`(2) developing and evaluating instructional materials, including
technology-based application, that reflect challenging State and local
content standards, in collaboration with activities assisted under subpart 1
and section 7124.'.
PURPOSE OF SUBPART 3
SEC. 713. Section 7141 of the ESEA is amended to read as follows:
`PURPOSE
`SEC. 7141. The purpose of this subpart is to assist in preparing
educators to improve educational services for children and youth with limited
English proficiency by supporting professional development programs for such
educators.'.
TRAINING FOR ALL TEACHERS PROGRAM
SEC. 714. Section 7142 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to assist eligible applicants
under subsection (b)(1) to develop and provide ongoing professional
development to teachers and other educational personnel with a baccalaureate
degree to improve their provision of services to limited English proficient
students or to become certified as a bilingual or English as a second language
teacher.';
(A) by amending paragraph (1) to read as follows:
`(1) AUTHORITY- The Secretary is authorized to award grants under this
section to local educational agencies or to one or more local educational
agencies in consortium with one or more State educational agencies,
institutions of higher education, or nonprofit organizations.'; and
(B) in paragraph (2), by striking out `five' and inserting in lieu
thereof `three'; and
(3) by amending subsection (c) to read as follows:
`(c) ACTIVITIES- (1) Funds under this section shall be used to conduct
high-quality, long-term professional development activities.
`(2) Funds under this section may be used to--
`(A) design and implement induction programs for new teachers, including
mentoring and coaching by trained teachers, team teaching with experienced
teachers, time for observation of, and consultation with, experienced
teachers, and additional time for course preparation;
`(B) implement school-based collaborative efforts among teachers to
improve instruction in reading and other core academic areas for students
with limited English proficiency, including programs that facilitate teacher
observation and analyses of fellow teachers' classroom practice;
`(C) support long-term collaboration among teachers and outside experts
to improve instruction of limited English proficient students;
`(D) coordinate project activities with other programs such as those
under the Head Start Act and titles I and II of the Act;
`(E) implement programs that support effective teacher use of education
technologies to improve instruction and assessment;
`(F) establish and maintain local professional networks;
`(G) develop curricular materials and assessments for teachers that are
aligned with State and local standards and the needs of the limited English
proficient students to be served;
`(H) develop education technology to enhance professional development;
and
`(I) such other activities as are consistent with the purpose of this
section.'.
BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS
SEC. 715. Section 7143 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to support preservice
professional development to improve the preparation of prospective teachers
who are preparing to teach children and youth of limited English
proficiency.';
(2) by amending subsection (c) to read as follows:
`(c) AUTHORITY- (1) The Secretary is authorized to make grants to
institutions of higher education for preservice professional development in
order to improve preparation for prospective teachers who are preparing to
teach children and youth of limited English proficiency.
`(2) Each grant under this section shall be awarded for a period of not
more than five years.
`(3) A recipient of a grant under this section shall coordinate its grant
program activities with other programs under this Act and other Acts as
appropriate.'; and
(3) by adding a new subsection (d) to read as follow:
`(d) ACTIVITIES- (1) Funds under this section shall be used to--
`(A) put in place a course of study that prepares teachers to serve
limited English proficient students;
`(B) integrate course content relating to meeting the needs of limited
English proficient students into all programs for prospective
teachers;
`(C) assign tenured faculty to train teachers to serve limited English
proficient students;
`(D) incorporate State content and performance standards into the
institution's coursework; and
`(E) expand clinical experiences for participants.
`(2) Funds under this section may be used to--
`(A) support partnerships with local educational agencies that include
placing participants in intensive internships in local educational agencies
that serve large numbers of limited English proficient students;
`(B) restructure higher education course content, including improving
coursework and clinical experiences for all prospective teachers regarding
the needs of limited English proficient students and preparation for teacher
certification tests;
`(C) assist other institutions of higher education to improve the
quality of professional development programs for limited English proficient
students;
`(D) expand recruitment of students who will be trained to serve limited
English proficient students;
`(E) improve the skills and knowledge of faculty related to the needs of
limited English proficient students;
`(F) coordinate project activities with activities under title II of the
Higher Education Act of 1965; and
`(G) use technology to enhance professional development.'.
BILINGUAL EDUCATION CAREER LADDER PROGRAM
SEC. 716. Section 7144 of the ESEA is amended--
(1) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to assist eligible consortia
to develop and implement high-quality bilingual education career ladder
programs.';
(2) by amending subsection (b)(1) to read as follows:
`(a) IN GENERAL- (1)(A) The Secretary is authorized to award grants to
consortia of one or more institutions of higher education and one or more
State educational agencies or local educational agencies to develop and
implement bilingual education career ladder programs.
`(B) For purposes of this section, a `bilingual education career ladder
program' means a program that--
`(i) is designed to provide high-quality, pre-baccalaureate coursework
and teacher training to educational personnel who do not have a
baccalaureate degree; and
`(ii) leads to timely receipt of a baccalaureate degree and
certification or licensure of program participants as bilingual education
teachers or other educational personnel who serve limited English proficient
students.
`(C) Recipients of grants under this section shall--
`(i) coordinate with programs under title II of the Higher Education Act
of 1965, and other relevant programs, for the recruitment and retention of
bilingual students in postsecondary programs to train them to become
bilingual educators; and
`(ii) make use of all existing sources of student financial aid before
using grant funds to pay tuition and stipends for participating
students.';
(i) by striking out `consortium'; and
(ii) at the end thereof, by inserting `and' after the
semicolon;
(B) in paragraph (2), by striking out `teachers; and' and inserting in
lieu thereof `teachers.'; and
(C) by striking out paragraph (3); and
(4) by amending subsection (d) to read as follows:
`(d) SPECIAL CONSIDERATION- The Secretary shall give special consideration
to applications under this section that provide training in English as a
second language, including developing proficiency in the instructional use of
English and, as appropriate, a second language in classroom contexts.'.
GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM
SEC. 717. Section 7145(a) of the ESEA is amended--
(1) in paragraph (1), by striking out `masters, doctoral, and
post-doctoral' and inserting in lieu thereof `masters and doctoral';
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
APPLICATIONS FOR AWARDS UNDER SUBPART 3
SEC. 718. Section 7146 of the ESEA is amended--
(1) in subsection (a)(4), by inserting `and applicants for grants under
section 7145' after `Bureau of Indian Affairs'; and
(i) by striking out `of such application copy' and inserting in lieu
thereof `an application under sections 7132, 7133, or 7134';
and
(ii) by inserting `the written review of' after `and transmit';
and
(B) in paragraph (2), by striking out `this subpart' and inserting in
lieu thereof `sections 7132, 7133, and 7134'.
EVALUATIONS UNDER SUBPART 3
SEC. 719. Section 7149 of the ESEA is amended to read as follows:
`PROGRAM EVALUATIONS
`SEC. 7149. Each recipient of funds under this subpart shall provide the
Secretary with an evaluation of its program every year. Such evaluations shall
include--
`(1) the number of participants served, the number of participants who
have completed program requirements, and the number of participants who have
taken positions in an instructional setting with limited English proficient
students;
`(2) the effectiveness of the program in imparting the professional
skills necessary for participants to achieve the objectives of the program;
and
`(3) the teaching effectiveness of graduates or other persons who have
completed the training program.'.
TRANSITION
SEC. 720. Subpart 4 of part A of title VII of the ESEA is amended to read
as follows:
`Subpart 4--Transition
`TRANSITION
`SEC. 7161. Notwithstanding any other provision of law, a recipient of a
grant under subpart 1 of part A of this title that is in its third or fourth
year of that grant on the day preceding the date of enactment of Educational
Excellence for All Children Act of 1999 shall be eligible to receive
continuation funding under the terms and conditions of the original
grant.'.
FINDINGS OF THE EMERGENCY IMMIGRANT EDUCATION PROGRAM
SEC. 721. Section 7301(a) of the ESEA is amended--
(1) in paragraph (3), by striking out `and' at the end thereof;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by adding at the end thereof the following new paragraph:
`(4) an increasing number of immigrant children are entering United
States' schools with interrupted or little previous schooling; and'.
STATE ADMINISTRATIVE COSTS
SEC. 722. Section 7302 of the ESEA is amended by inserting a comma and `or
2 percent if the State educational agency distributes funds received under
this part to local educational agencies on a competitive basis,' after `1.5
percent of the amount'.
COMPETITIVE STATE GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 723. Section 7304(e)(1) of the ESEA is amended, in the matter before
subparagraph (A), by striking out `if the amount appropriated to carry out
this part exceeds $50,000,000 for a fiscal year, a State educational agency
may reserve not more than 20 percent' and inserting in lieu thereof `a State
educational agency may reserve any portion'.
AUTHORIZATION OF APPROPRIATIONS FOR PART C
SEC. 724. Section 7309 of the ESEA is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 7309. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for each of fiscal
years 2001 through 2005.'
DEFINITIONS
SEC. 725. Section 7501 of the ESEA is amended by striking out paragraph
(15) and inserting in lieu thereof a new paragraph to read as follows:
`(15) RECLASSIFICATION RATE- The term reclassification rate means the
annual percentage of limited English proficient students who have met the
State criteria for no longer being considered limited English
proficient.'.
REGULATIONS, PARENTAL NOTIFICATION, AND USE OF PARAPROFESSIONALS
SEC. 726. Section 7502 of the ESEA is amended by--
(1) amending the section heading to read as follows:
`REGULATIONS, PARENTAL NOTIFICATION, AND USE OF PARAPROFESSIONALS';
(i) in the matter before subparagraph (A), by striking out `youth
participating in' and inserting in lieu thereof `youth who will
participate in'; and
(ii) in subparagraph (C)--
(I) in the matter before clause (i), by striking out `goals of the
bilingual education or special alternative instructional program' and
inserting in lieu thereof `goals of the program related to the
education of children and youth with limited English proficiency';
and
(II) in clause (i), by striking out `results of the bilingual
educational program and of the instructional alternatives' and
inserting in lieu thereof `results of the instructional programs
related to the education of children and youth with limited English
proficiency'; and
(i) by amending the paragraph heading to read `OPTION TO WITHDRAW.';
and
(ii) by amending subparagraph (A) to read as follows:
`(A) A recipient of funds under subpart 1 of part A shall also provide
a written notice to parents of children who will participate in the
programs under that subpart, in a form and language understandable to the
parents, that informs them that they may withdraw their child from the
program at any time.'; and
(3) adding a new subsection (c) to read as follows:
`(c) USE OF PARAPROFESSIONALS- The provisions of section 1119(c) of this
Act shall apply to all new staff hired to provide academic instruction in
programs supported under subpart 1 of part A of this title on or after the
date of enactment of the Educational Excellence for All Children Act of
1999.'.
TERMINOLOGY
SEC. 727. (a) PART A- Subparts 1 and 2 of part A of title VII of the ESEA
are amended by striking out `bilingual education or special alternative
instruction programs' and `bilingual education or special alternative
instructional programs' each place they appear and inserting in lieu thereof
`instructional programs'.
(b) PART E- Section 7501(6) of the ESEA is amended by striking out `a
bilingual education and special alternative instructional program' and
inserting in lieu thereof `an instructional program'.
REPEALS
SEC. 728. (a) REPEALS IN PART A- Sections 7112, 7117, 7119, 7120, 7121,
and 7147 of the ESEA are repealed.
(b) REPEAL OF PART B- Part B of title VII of the ESEA is repealed.
REDESIGNATIONS AND CONFORMING AMENDMENTS
SEC. 729. (a) PART REDESIGNATIONS- Parts C, D, and E of title VII of the
ESEA are redesignated as parts B, C, and D, respectively.
(b) SECTION REDESIGNATIONS- Sections 7113, 7114, 7115, 7116, 7118, 7122,
7123, 7124, 7131, 7132, 7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7145,
7146, 7148, 7149, 7150, 7161, 7301, 7302, 7303, 7304, 7305, 7306, 7307, 7308,
7309, 7401, 7402, 7403, 7404, 7405, 7501, and 7502 of the ESEA are
redesignated as sections 7112, 7113, 7114, 7115, 7116, 7117, 7118, 7119, 7121,
7122, 7123, 7124, 7125, 7126, 7131, 7132, 7133, 7134, 7135, 7136, 7137, 7138,
7139, 7141, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7301, 7302,
7303, 7304, 7305, 7401, and 7402 of the ESEA, respectively.
(c) CONFORMING AMENDMENTS- (1) Section 7111 of the ESEA is amended by
striking out `7114, and 7115' and inserting in lieu thereof `and 7114'.
(2) Section 7112(b)(1)(A) of the ESEA, as redesignated by subsection (b),
is amended by striking out `section 7116' and inserting in lieu thereof
`section 7115'.
(3) Section 7113(b)(1)(A) of the ESEA, as redesignated by subsection (b),
is amended by striking out `section 7116' and inserting in lieu thereof
`section 7115'.
(4) Section 7114(b)(1)(A) of the ESEA, as redesignated by subsection (b),
is amended by striking out `section 7116' and inserting in lieu thereof
`section 7115'.
(5) Section 7115(g) of the ESEA, as redesignated by subsection (b), is
amended--
(A) in paragraph (1)(B)(ii), by striking out `section 14306' and
inserting in lieu thereof `section 11505'; and
(B) in paragraph (2), by striking out `section 7114 or 7115' and
inserting in lieu thereof `section 7113 or 7114'.
(6) Section 7135(a)(3) of the ESEA, as redesignated by subsection (b), is
amended by striking out `section 7149' and inserting in lieu thereof `section
7138'.
(7) Section 7202 of the ESEA, as redesignated by subsection (b), is
amended by striking out `section 7304' and inserting in lieu thereof `section
7204'.
(8) Section 7204 of the ESEA, as redesignated by subsection (b), is
amended--
(A) in subsection (a), by striking out `section 7301(b)' and inserting
in lieu thereof `section 7201(b)'; and
(B) in subsection (e)(2), by striking out `section 7307' and inserting
in lieu thereof `section 7207'.
(9) Section 7205(a) of the ESEA, as redesignated by subsection (b), is
amended--
(A) in paragraph (2), by striking out `sections 7301 and 7307' and
inserting in lieu thereof `sections 7201 and 7207';
(B) in paragraph (4), by--
(i) striking out `section 7304(e)' and inserting in lieu thereof
`sections 7204(e)'; and
(ii) striking out `section 7304(b)(1)' and inserting in lieu thereof
`section 7204(b)(1)'; and
(C) in paragraph (8), by striking out `section 7304' and inserting in
lieu thereof `section 7204'.
(10) Section 7206 of the ESEA, as redesignated by subsection (b), is
amended--
(i) by striking out `section 7305' and inserting in lieu thereof
`section 7205'; and
(ii) by striking out `section 7305' and inserting in lieu thereof
`section 7205'; and
(B) in subsection (b), by striking out `section 7305(a)(7)' and
inserting in lieu thereof `section 7205(a)(7)'.
(11) Section 7208 of the ESEA, as redesignated by subsection (b), is
amended by striking out `section 14701' and inserting in lieu thereof `section
11911'.
(12) Section 7305(d)(2) of the ESEA, as redesignated by subsection (b), is
amended by striking out `section 7134' and inserting in lieu thereof `section
7124'.
TITLE VIII B IMPACT AID
PURPOSE
SEC. 801. Section 8001 of the ESEA is amended to read as follows:
`PURPOSE
`SEC. 8001. The purpose of this title is to provide assistance to certain
local educational agencies that are financially burdened as a result of
activities of the Federal Government carried out in their jurisdictions, in
order to help those agencies provide educational services to their children,
including federally connected children, so that they can meet challenging
State standards.'.
PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY
SEC. 802. (a) ELIGIBILITY- Section 8002(a) of the ESEA is amended--
(1) in the matter preceding paragraph (1), by striking out `for a fiscal
year ending prior to October 1, 1999' and inserting in lieu thereof `for any
fiscal year'; and
(A) in subparagraph (B), by striking out `and' at the end
thereof;
(B) in subparagraph (C), by striking out `value of' and all that
follows through the end thereof and inserting in lieu thereof `value of
all real property in the local educational agency (similarly determined as
of the time or times when the Federal property was so acquired); and';
and
(C) by adding at the end thereof a new subparagraph (D) to read as
follows:
`(D) has a current aggregate assessed value, determined under
subsection (b)(3), that is at least 10 percent of the total current
assessed value of all real property in the local educational agency;
and'.
(b) REPEAL OF SPECIAL-INTEREST PROVISIONS- Section 8002 of the ESEA is
further amended by--
(1) striking out subsections (d), (e), (f), (g), (i), (j), and (k);
and
(2) redesignating subsection (h) as subsection (d).
(c) HOLD-HARMLESS AMOUNTS- Subsection (d) of section 8002 of the ESEA, as
redesignated by subsection (b)(2), is amended to read as follows:
`(d) HOLD-HARMLESS AMOUNTS- Notwithstanding any other provision of this
section, the Secretary shall make the following minimum payments for the
following fiscal years under this section to each local educational agency
that was eligible for, and received, a payment under this section for fiscal
year 1999 but that, as a result of subsection (a)(1)(D), is no longer eligible
for a payment under this section:
`(1) For fiscal year 2001, 75 percent of the amount it received for
fiscal year 1999.
`(2) For fiscal year 2002, 50 percent of the amount it received for
fiscal year 1999.
`(3) For fiscal year 2003, 25 percent of the amount it received for
fiscal year 1999.'.
(d) TECHNICAL AMENDMENTS- Section 8002(b)(1) of the ESEA is amended--
(1) in subparagraph (B), by striking out `section 8014(a)' and inserting
in lieu thereof `section 8014(a)(1)'; and
(2) in subparagraph (C), by striking out `section 8003(b)(1)(C)' and
inserting in lieu thereof `section 8003(b)(1)(B)'.
PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN
SEC. 803. (a) COMPUTATION OF PAYMENTS- Section 8003(a) of the ESEA is
amended--
(A) in subparagraph (B), by inserting `or' after the semicolon at the
end thereof;
(B) in subparagraph (C), by striking out the semicolon at the end
thereof and inserting in lieu thereof a period; and
(C) by striking out subparagraphs (D) through (G);
(2) in paragraph (2), by striking out subparagraphs (C) through (E);
and
(3) by striking out paragraphs (3) and (4).
(b) BASIC SUPPORT PAYMENTS- Section 8003(b) of the ESEA is amended--
(A) in subparagraph (A)--
(i) by striking out `section 8014(b)' and inserting in lieu thereof
`section 8014(a)(2)'; and
(ii) by striking out `eligible';
(B) by striking out subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
(D) in subparagraph (B), as so redesignated--
(i) by striking out `greater' and inserting in lieu thereof
`greatest';
(ii) by striking out clauses (i) and (ii);
(iii) by redesignating clauses (iii) and (iv) as clauses (i) and
(ii);
(iv) in clause (i), as so redesignated, by striking out `or' at the
end thereof;
(v) in clause (ii), as so redesignated, by striking out the period
at the end thereof and inserting a semicolon and `or'; and
(vi) by adding a new clause (iii) to read as follows:
`(iii) the average per-pupil expenditure of all of the States,
multiplied by the local contribution percentage for the State.';
and
(E) by adding at the end thereof a new subparagraph (C) to read as
follows:
`(C)(i) In determining the items described in clauses (i) through
(iii) of subparagraph (B), the Secretary shall use data for the third year
preceding the fiscal year for which the calculation of maximum payment
amounts under that subparagraph is being made, except as provided in
clauses (ii) and (iii) of this subparagraph.
`(ii) If the State does not provide all necessary data for the item
described in clause (i) of subparagraph (B) by September 30 of the fiscal
year preceding the year for which the payments are made, the Secretary
shall use the greater of the items described in clauses (ii) and (iii) of
that subparagraph.
`(iii) If satisfactory data from the third preceding fiscal year are
not available for any of the items described in clauses (i) through (iii)
of subparagraph (B), the Secretary shall use data from the most recent
fiscal year for which data that are satisfactory to the Secretary are
available.';
(A) in subparagraph (A), by striking out `section 8014(b) and
inserting in lieu thereof `section 8014(a)(2)';
(B) in subparagraph (B)--
(i) by striking out clauses (ii) and (iii);
(I) by striking out the clause designation `(i)';
and
(II) by redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively;
(iii) by striking out `paragraph (1)(C)' and inserting in lieu
thereof `paragraph (1)(B)';
(iv) in clause (i), as redesignated by clause (ii)(II), by inserting
`one-half of' before `the percentage'; and
(v) by amending clause (ii), as redesignated by clause (ii)(II), to
read as follows:
(C) by amending subparagraph (C) to read as follows:
`(C) RATABLE DISTRIBUTIONS- For each fiscal year described in
subparagraph (A), the Secretary shall--
`(i) make payments as a ratable distribution based on the
computation made under subparagraph (B); and
`(ii) ratably increase those payments when the amount available
exceeds the total of the amounts determined under subparagraph (B),
except that no local educational agency shall receive a payment under
this paragraph that exceeds the maximum payment for which it is eligible
under paragraph (1)(B).'; and
(3) by striking out paragraph (3).
(c) TECHNICAL AMENDMENT- Section 8003(c)(1) of the ESEA is amended by
striking out `paragraph (2)' and inserting in lieu thereof `subsection
(b)(1)(C), paragraph (2) of this subsection, and'.
(d) CHILDREN WITH DISABILITIES- Section 8003(d) of the ESEA is
amended--
(A) by striking out `section 8014(c)' and inserting in lieu thereof
`section 8014(a)(3)';
(B) by striking out `determined' and all that follows through the
subparagraph designation `(A)' and inserting in lieu thereof `determined
by'; and
(C) by striking out `factor of 1.0' and all that follows through the
period at the end thereof and inserting in lieu thereof `factor of 1.0.';
and
(2) in paragraph (2), by striking out `a free appropriate public
education' and inserting in lieu thereof `services'.
(e) HOLD-HARMLESS AMOUNTS- Section 8003 of the ESEA is further amended by
striking out subsection (e).
(f) HEAVILY IMPACTED LEAS- Section 8003(f) of the ESEA is amended--
(1) in paragraph (1), by striking out `section 8014(b)' and inserting in
lieu thereof `section 8014(a)(2)'; and
(2) by amending paragraphs (2) through (4) to read as follows:
`(2) ELIGIBILITY- A local educational agency is eligible to receive
additional assistance under this subsection only if the Secretary determines
that--
`(A)(i)(I) federally connected children described in subsection (a)(1)
constitute at least 40 percent of the agency's average daily attendance;
and
`(II) it has a tax rate for general-fund purposes that is at least 100
percent of the average tax rate for those purposes of comparable local
educational agencies in the State; or
`(ii) its boundaries are the same as those of a military
installation;
`(B) it is exercising due diligence to obtain State and other
financial assistance; and
`(C) the agency's eligibility under State law for State aid with
respect to the free public education of children described in subsection
(a)(1), and the amount of that aid, are determined on a basis no less
favorable to it than the basis used in determining the eligibility of
local educational agencies for State aid, and the amount of that aid, with
respect to the free public education of other children in the
State.
`(3) MAXIMUM PAYMENTS- The Secretary shall determine the maximum amount
that a local educational agency may receive under this subsection as
follows:
`(A) PER-PUPIL COST FACTOR- The local educational agency shall choose
either--
`(i) the average per-pupil expenditure of the State in which the
agency is located; or
`(ii) the average per-pupil expenditure of at least 10 generally
comparable local educational agencies in the State.
`(B) TOTAL COST FACTOR- The Secretary shall multiply the amount chosen
by the agency under subparagraph (A) by the average daily attendance in
the agency's schools of children described in subsection (a)(1).
`(C) UNMET NEED- The Secretary shall--
`(I) the amount of funds available to the agency for current
expenditures (determined in accordance with subparagraph (D));
by
`(II) the percentage of the agency's average daily attendance
comprised of children described in subsection (a)(1);
`(ii) subtract the amount determined under clause (i) from the
amount determined under subparagraph (B); and
`(iii) subtract the amount of any payments to the agency for that
fiscal year under subsections (b) and (d) of this section.
`(D) AMOUNT AVAILABLE FOR CURRENT EXPENDITURES- In determining the
amount of funds available in any fiscal year to a local educational agency
for current expenditures (as defined in section 8013(4)) under
subparagraph (C)(i)(I), the Secretary shall also include, with respect to
the local educational agency's opening cash balance for that fiscal year,
the portion of that balance that is the greater of--
`(i) the amount that exceeds the maximum amount of funds for current
expenditures that the agency was allowed by State law to carry over from
the prior fiscal year, if State restrictions on those amounts were
applied uniformly to all local educational agencies in the State;
or
`(ii) the amount that exceeds 30 percent of the agency's operating
costs for the prior fiscal year.
`(4) DATA- In determining a local educational agency's eligibility for,
and the amount of, any payment under this subsection for any fiscal year,
the Secretary shall use--
`(A) student, revenue, expenditure, tax, and other necessary data from
the second preceding fiscal year, if the agency (or the State educational
agency) provides the Secretary those data within 60 days of being
requested in writing to do so; and
`(B) if any of those data are not provided by that deadline, such data
from the most recent preceding fiscal year for which data that are
satisfactory to the Secretary are available.'.
(g) CHILDREN WITH SEVERE DISABILITIES- Section 8003 of the ESEA is further
amended by striking out subsection (g).
(h) OTHER FEDERAL FUNDS- Section 8003(h) of the ESEA is amended to read as
follows:
`(h) OTHER FEDERAL FUNDS- Notwithstanding any other provision of law, a
local educational agency may not receive a payment under this section for
children claimed in its application if Federal funds (other than funds under
this title) provide a substantial portion of the educational program for those
children.'.
(i) MAINTENANCE OF EFFORT- Section 8003 of the ESEA is further amended by
striking out subsection (i).
POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON INDIAN LANDS
SEC. 804. Section 8004 of the ESEA is amended--
(1) by amending the heading to read `INDIAN COMMUNITY
PARTICIPATION.';
(2) by amending subsection (a) to read as follows:
`(a) IN GENERAL- (1) Any local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under section 8003
shall ensure that those children participate in programs and activities
supported by those funds on an equal basis with all other children.
`(2)(A) Any local educational agency described in paragraph (1) shall
ensure that the parents of Indian children and Indian tribes are afforded an
opportunity to present their views and make recommendations on the unique
educational needs of those children and how those children may realize the
benefits of the educational programs and activities of the local educational
agency, including the benefits of programs and activities assisted under this
Act.
`(B)(i) A local educational agency that receives a grant under subpart 1
of part A of title IX of this Act shall comply with subparagraph (A) through
activities planned and carried out by the parent committee established under
that subpart.
`(ii) A local educational agency that does not receive such a grant may
form an Indian parent committee to implement subparagraph (A).
`(iii) Subject to clause (i), a local educational agency may meet the
requirements of subparagraph (A) by carrying out the parental-involvement
requirements of section 1118 of this Act for all children it claims who reside
on Indian lands.
`(C) A local educational agency that provides services under part A of
title I of this Act for any children residing on Indian lands that it claims
for the purpose of receiving funds under section 8003 shall ensure that it
complies with section 1118 with respect to those children and their
parents.
`(3) A local educational agency may use funds provided under section 8003
(other than under section 8003(d)), for activities designed to increase tribal
and parental involvement in the education of Indian children, including, but
not limited to, parent education, professional development related to the
unique educational needs of Indian children, and implementing model
educational programs that are proven to be effective for Indian children.';
(3) by amending subsection (b) to read as follows:
`(b) RECORDS- Each local educational agency described in subsection (a)
shall maintain records demonstrating its compliance with that subsection.';
(4) by striking out subsection (c);
(5) by redesignating subsections (d) through (f) as subsections (c)
through (e), respectively; and
(6) by amending subsection (c), as so redesignated, to read as
follows:
`(c) TECHNICAL ASSISTANCE AND ENFORCEMENT- The Secretary shall--
`(1) provide technical assistance, as the Secretary finds necessary, to
local educational agencies, parents, and Indian tribes to enable them to
carry out this section;
`(2) recommend activities for local educational agencies to carry out
using funds provided under section 8003 to increase tribal and parental
involvement; and
`(3) enforce this section through such action (which may include the
withholding of funds) as the Secretary finds appropriate, after affording
the agency, parents, and affected Indian tribes an opportunity to present
their views.'.
APPLICATIONS FOR PAYMENTS UNDER SECTIONS 8002 AND 8003
SEC. 805. Section 8005 of the ESEA is amended--
(1) in subsection (b)(2), by striking out `children residing on Indian
lands' and inserting in lieu thereof `Indian community participation';
and
(A) in paragraph (2), by striking out `except that, notwithstanding
section 8003(e),' and inserting in lieu thereof `except that';
and
(B) by striking out paragraph (4).
PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF MILITARY
DEPENDENTS
SEC. 806. Section 8006 of the ESEA is repealed.
CONSTRUCTION
SEC. 807. Section 8007 of the ESEA is amended to read as follows:
`CONSTRUCTION
`SEC. 8007. (a) PAYMENTS AUTHORIZED- From the amount appropriated for each
fiscal year under section 8014(a)(4), the Secretary shall make a payment, to
assist in the construction of school facilities, to each local educational
agency--
`(1) that receives a basic payment under section 8003(b);
`(2) in which the number of children described in section 8003(a)(1)(C)
is at least 50 percent of the number of children who were in average daily
attendance in the agency's schools; and
`(3) that meets the requirements of this section.
`(b) APPLICATION- Each local educational agency that wishes to receive a
payment under this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as the Secretary
may require, including--
`(1) a description of the agency's assessment of its school-construction
needs and the results of that assessment; and
`(2) the agency's plan for the use of the funds for which it is
applying.
`(c) AMOUNT OF PAYMENTS- The amount of a local educational agency's
payment under this section shall bear the same ratio to the amount available
for all such payments as the number of children described in section
8003(a)(1)(C) for that agency bears to the total number of those children for
all agencies eligible for such a payment.
`(d) FEDERAL SHARE- (1) The Federal share of a project under this section
may not exceed 50 percent.
`(2) The Secretary shall not obligate funds under this section with
respect to an eligible local educational agency until the Secretary is
satisfied that the agency will provide the non-Federal share of the cost of
the project.
`(3) Any funds that are not obligated with respect to a local
educational agency within three years of the approval of its application
under this section shall be reallocated to other eligible agencies.
`(e) USE OF FUNDS- A local educational agency shall use funds received
under this section only for--
`(1) construction, as defined in section 8013(3); and
`(2) minimum initial equipment necessary for the operation of a new or
renovated school facility.'.
FACILITIES
SEC. 808. Section 8008(a) of the ESEA is amended by striking out `section
8014(f)' and inserting in lieu thereof `section 8014(a)(5)'.
STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID
SEC. 809. Section 8009 of the ESEA is amended--
(1) in subsection (a)(1), by striking out `or under' and all that
follows through `of 1994)';
(2) by amending subsection (b)(1) to read as follows:
`(1) IN GENERAL- A State may reduce State aid to a local educational
agency that receives a payment under section 8002 or section 8003(b) (except
the amount calculated in excess of 1.0 under section 8003(a)(2)(B)) for any
fiscal year only if the Secretary determines, and certifies under subsection
(c)(3)(A), that--
`(A) the State has in effect a program of State aid that equalizes
expenditures for free public education among local educational agencies in
the State; and
`(B) the average per-pupil expenditure in the State is at least 80
percent of the average such expenditure in the 50 States and the District
of Columbia.'; and
(i) by striking out `or under' and all that follows through `of
1994)'; and
(ii) in subparagraph (B), by striking out `or under' and all that
follows through `of 1994)'; and
(B) in paragraph (2), by striking out `or under' and all that follows
through `of 1994)'.
FEDERAL ADMINISTRATION
SEC. 810. Section 8010 of the ESEA is amended by striking out subsection
(c).
ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW
SEC. 811. Section 8011(a) of the ESEA is amended by striking out `or
under' and all that follows through `of 1994)' and inserting in lieu thereof
`or under its predecessor authorities'.
FORGIVENESS OF OVERPAYMENTS
SEC. 812. Section 8012 of the ESEA is amended by striking out `under the'
and all that follows through `of 1994)' and inserting in lieu thereof `under
its predecessor authorities'.
DEFINITIONS
SEC. 813. Section 8013 of the ESEA is amended--
(1) in paragraph (4), by striking out `and title VI';
(A) in subparagraph (A)--
(i) by striking out `subparagraphs (B) through (F)' and inserting in
lieu thereof `subparagraphs (B) through (D)';
(ii) in clause (ii)(V), by striking out `as described in paragraph
(10)' and inserting in lieu thereof `as described in clause (iii)';
and
(iii) by amending clause (iii) to read as follows:
`(iii)(I) part of a low-income housing project assisted under the
United States Housing Act of 1937; or
`(II) affordable housing assisted under the Native American Housing
Assistance and Self-Determination Act of 1996; or'; and
(B) by striking out subparagraphs (B) and (F) and redesignating
subparagraphs (C) through (E) as subparagraphs (B) through (D),
respectively;
(3) in paragraph (7), by striking out `or (5)(F)';
(4) in paragraph (8)(B), by striking out `all States' and inserting in
lieu thereof `the 50 States and the District of Columbia';
(5) in paragraph (9)(B)(i), by striking out `or the Act' and all that
follows through `of 1994)' and inserting in lieu thereof `(or under its
predecessor authority)';
(6) by striking out paragraphs (10) and (11); and
(7) by redesignating paragraph (12) as paragraph (10).
AUTHORIZATION OF APPROPRIATIONS
SEC. 814. Section 8014 of the ESEA is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 8014. (a) There are authorized to be appropriated such sums as may
be necessary for fiscal year 2001 and for each of the four succeeding fiscal
years to carry out each of the following provisions of this title:
`(1) Section 8002, payments for Federal acquisition of real
property.
`(2) Section 8003(b), basic payments; and section 8003(f), payments for
heavily impacted local educational agencies.
`(3) Section 8003(d), payments for children with disabilities.
`(4) Section 8007, construction.
`(5) Section 8008, facilities maintenance.
`(b) Funds appropriated to carry out sections 8007 and 8008 shall be
available to the Secretary until expended.'.
TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Part A--Indian Education
FINDINGS AND PURPOSE
SEC. 901. Sections 9101(1)(C), 9102(a), and 9102(b)(1) of the ESEA are
each amended by striking out `special' and inserting in lieu thereof
`unique'.
GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 902. Section 9112(b)(2) of the ESEA is amended by inserting a comma
and `except that any such tribe is not subject to section 9114(c)(4) (parent
committee), section 9117(c) (maintenance of effort), or section 9118 (State
review of applications)' before the period at the end thereof.
AMOUNT OF GRANTS
SEC. 903. Section 9113 of the ESEA is amended--
(1) in subsection (b)(2), by striking out `Act' and inserting in lieu
thereof `subpart'; and
(2) by amending subsection (d) to read as follows:
`(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS- (1) In
addition to the grants awarded under subsection (a), and subject to subsection
(e), the Secretary shall allocate to the Secretary of the Interior an amount
equal to the product of--
`(A) the total number of Indian children enrolled in schools that are
operated by--
`(i) the Bureau of Indian Affairs; or
`(ii) an Indian tribe, or an organization controlled or sanctioned by
an Indian tribal government, for the children of that tribe under a
contract with, or grant from, the Department of the Interior under the
Indian Self-Determination Act or the Tribally Controlled Schools Act of
1988; and
`(i) the average per-pupil expenditure of the State in which the
school is located; or
`(ii) 80 percent of the average per-pupil expenditure in the United
States.
`(2) Any school described in paragraph (1) that wishes to receive an
allocation under this subpart shall submit an application in accordance with
section 9114, and shall otherwise be treated as a local educational agency for
the purpose of this subpart, except that it shall not be subject to section
9114(c)(4) (parent committee), section 9117(c) (maintenance of effort), or
section 9118 (State review of applications).'.
APPLICATIONS
SEC. 904. Section 9114 of the ESEA is amended--
(1) in subsection (b)(2), by amending subparagraph (A) to read as
follows:
`(A) is consistent with State and local plans under other provisions
of this Act; and';
(2) by amending subsection (c)(3)(A) to read as follows:
`(A) is based on a comprehensive local assessment and prioritization
of the unique educational and culturally related academic needs of the
American Indian and Alaska Native students to whom the local educational
agency is providing an education;' and
(A) by amending subparagraph (B) to read as follows:
`(B) a majority of whose members are parents of Indian children;'
and
(B) in subparagraph (D)(ii), by striking out `will not diminish' and
inserting in lieu thereof `will enhance'.
AUTHORIZED SERVICES AND ACTIVITIES
SEC. 905. Section 9115(b) of the ESEA is amended--
(1) in paragraph (5), by striking out `Applied Technology Education Act'
and inserting in lieu thereof `Technical Education Act of 1998';
(2) in paragraph (6), by striking out `and' at the end thereof;
(3) in paragraph (7), by striking out the period at the end thereof and
inserting in lieu thereof a semicolon and `and'; and
(4) by adding at the end thereof paragraphs (8) through (11) to read as
follows:
`(8) activities that promote the incorporation of culturally responsive
teaching and learning strategies into the educational program of the local
educational agency;
`(9) activities that incorporate American Indian- and Alaska
Native-specific curriculum content, consistent with State standards, into
the curriculum used by the local educational agency;
`(10) activities to promote coordination and collaboration between
tribal, Federal, and State public schools in areas that will improve
American Indian and Alaska Native student achievement; and
`(11) activities that addresses the special needs of American Indian and
Alaska Native students who are gifted and talented.'.
STUDENT ELIGIBILITY FORMS
SEC. 906. Section 9116 of the ESEA is amended--
(A) in the second sentence of paragraph (1)(A), by inserting `the'
before `size'; and
(B) in paragraph (3), by striking out `subsection (d)' and inserting
in lieu thereof `subsection (a)';
(2) by amending subsection (g) to read as follows:
`(g) TRIBAL GRANT AND CONTRACT SCHOOLS- Notwithstanding any other
provision of this section, the Secretary, in awarding funds under this subpart
to a tribal school that receives a grant or contract from the Bureau of Indian
Affairs, shall use only one of the following, as selected by the school:
`(1) A count of the number of students in those schools certified by the
Bureau.
`(2) A count of the number of students for whom the school has
eligibility forms that comply with this section.'; and
(3) by adding at the end thereof a new subsection (h) to read as
follows:
`(h) TIMING OF CHILD COUNTS- For purposes of determining the number of
children to be counted in calculating the amount of a local educational
agency's grant under this subpart (other than in the case described in
subsection (g)(1)), the local educational agency shall--
`(1) establish a date on, or a period not longer than 31 consecutive
days during which, the agency counts those children, so long as that date or
period occurs before the deadline established by the Secretary for
submitting an application under section 9114; and
`(2) determine that each such child was enrolled, and receiving a free
public education, in a school of the agency on that date or during that
period, as the case may be.'.
PAYMENTS
SEC. 907. Section 9117(b) of the ESEA is amended by striking out `(or
under subpart 1 of the Indian Education Act of 1988)'.
STATE EDUCATIONAL AGENCY REVIEW
SEC. 908. Section 9118 of the ESEA is amended to read as follows:
`STATE EDUCATIONAL AGENCY REVIEW
`SEC. 9118. Before submitting an application to the Secretary under
section 9114, a local educational agency shall submit it to the State
educational agency, which may comment on it. If the State educational agency
comments on the application, it shall comment on all applications submitted by
local educational agencies in the State and shall provide those comments to
the respective local educational agencies, with an opportunity to
respond.'.
IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 909. Section 9121(d)(2) of the ESEA is amended--
(1) in subparagraph (A), by striking out `subsection' and inserting in
lieu thereof `section'; and
(2) in subparagraph (B)--
(A) by inserting a comma and `other than an application for a
dissemination grant under paragraph (1)(D),' after `subparagraph
(A)';
(B) in clause (ii), by striking out `and' at the end thereof;
(C) by redesignating clause (iii) as clause (v); and
(D) by inserting new clauses (iii) and (iv) to read as
follows:
`(iii) information demonstrating that the proposed program is either
a research-based program or such a program that has been modified to be
culturally appropriate for the students who will be served;
`(iv) a description of how the applicant will incorporate the
proposed services into the ongoing school program once the grant period
is over; and'.
PROFESSIONAL DEVELOPMENT
SEC. 910. Section 9122 of the ESEA is amended--
(A) by striking out paragraph (2); and
(B) by striking out the subsection designation `(e)' and all that
follows through `Each' and inserting in lieu thereof `(e) APPLICATION-
Each';
(2) in subsection (h)(1), by inserting `preservice' after `receives';
and
(3) by adding at the end thereof a new subsection (i) to read as
follows:
`(i) IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN-
`(1) GRANTS AUTHORIZED- In addition to the grants authorized by
subsection (c), the Secretary may make grants to either of the following, in
order to provide high-quality in-service training to teachers in local
educational agencies with substantial numbers of Indian children enrolled in
their schools:
`(A) A consortium of a tribal college and an institution of higher
education that awards a degree in education.
`(B) A consortium of a tribal college or an institution of higher
education that awards a degree in education, or both, and one or more
elementary or secondary schools operated by an Indian tribe or funded by
the Bureau of Indian Affairs, local educational agencies serving Indian
children, or tribal educational agencies.
`(2) USE OF FUNDS- (A) A consortium that receives a grant under
paragraph (1) shall use the grant funds only to provide high-quality
in-service training to teachers, including teachers who are not Indian, in
local educational agencies with substantial numbers of Indian children
enrolled in their schools, in order to better meet the unique educational
needs of those children.
`(B) The training described in subparagraph (A) shall include such
activities as preparing teachers to use the best available research-based
practices and learning strategies, and to make the most effective use of
curriculum and materials, that respond to the unique needs of Indian
children in their classrooms.
`(3) SPECIAL RULE- Subsection (d) of this section shall not apply to
grants made under this subsection.
`(4) PREFERENCE FOR INDIAN APPLICANTS- In applying section 9153 to this
subsection, the Secretary shall give a preference to any consortium that
includes one or more of the entities described in that section.'.
REPEAL OF AUTHORITIES
SEC. 911. Part A of title IX of the ESEA is further amended--
(1) by striking out sections 9123, 9124, and 9125;
(2) by striking out subpart 3; and
(3) by redesignating subparts 4, 5, and 6 as subparts 3, 4, and 5,
respectively.
FEDERAL ADMINISTRATION
SEC. 912. (a) PEER REVIEW- Section 9152 of the ESEA is amended by striking
out `subpart 2, 3, or 4' and inserting in lieu thereof `subpart 2 or 3'.
(b) PREFERENCE FOR INDIAN APPLICANTS- Section 9153 of the ESEA is amended
by striking out `subpart 2, 3, or 4' and inserting in lieu thereof `subpart 2
or 3'.
(c) MINIMUM GRANT CRITERIA- Section 9154 of the ESEA is amended by
striking out `subpart 2 or 3' and inserting in lieu thereof `subpart 2'.
AUTHORIZATION OF APPROPRIATIONS
SEC. 913. Section 9162 of the ESEA is amended to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 9162. (a) SUBPART 1- For the purpose of carrying out subpart 1 of
this part, there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2001 through 2005.
`(b) Subparts 2 and 3- For the purpose of carrying out subparts 2 and 3 of
this part, there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2001 through 2005.'.
Part B--Native Hawaiian Education
NATIVE HAWAIIAN EDUCATION
SEC. 921. Part B of title IX of the ESEA is amended--
(1) by amending the heading thereof to read as follows: `Part B--Native
Hawaiian Education';
(2) in section 9202(17), by inserting after the first sentence the
following: `Subsequent reports by the Kamahameha School Bishop Estate and
other organizations have generally confirmed those findings.';
(3) in section 9203(2), by striking out `on Native Hawaiian education,'
and everything that follows through the end thereof and inserting in lieu
thereof `on Native Hawaiian education;';
(4) by repealing sections 9204 through 9210 and inserting in lieu
thereof a new section 9204 to read as follows:
`PROGRAM AUTHORIZED
`SEC. 9204. (a) GENERAL AUTHORITY-
`(1) PROGRAM AUTHORIZED- The Secretary is authorized to make grants to,
or enter into contracts with, Native Hawaiian educational organizations;
Native Hawaiian community-based organizations; public and private nonprofit
organizations, agencies, or institutions with experience in developing or
operating Native Hawaiian programs or programs of instruction in the Native
Hawaiian language; and consortia of such organizations, agencies, or
institutions to carry out programs that meet the purposes of this
part.
`(2) PERMISSIBLE ACTIVITIES- Programs under this part may
include--
`(A) the operation of one or more councils to coordinate the provision
of educational and related services and programs available to Native
Hawaiians;
`(B) the operation of family-based education centers that provide such
services as--
`(i) programs for parents and their infants from prenatal through
age three;
`(ii) preschool programs; and
`(iii) research on, development of, and assessment of family-based,
early childhood, and preschool programs for Native
Hawaiians;
`(C) activities to enable Native Hawaiians to enter and complete
programs of postsecondary education, including--
`(i) full or partial scholarships for undergraduate or graduate
study that are awarded to students based on their academic promise and
financial need, with a priority, at the graduate level, given to
professions in which Native Hawaiians are underrepresented;
`(ii) counseling and support services for students receiving
scholarship assistance;
`(iii) counseling and guidance for Native Hawaiian secondary
students who have the potential to receive scholarships; and
`(iv) faculty development activities designed to promote the
matriculation of Native Hawaiian students;
`(D) activities that address the special needs of Native Hawaiian
students who are gifted and talented, including--
`(i) educational, psychological, and developmental activities
designed to assist in the educational progress of those students;
and
`(ii) activities that involve the parents of those students in a
manner designed to assist in the students' educational
progress;
`(E) activities to meet the special needs of Native Hawaiian students
with disabilities, including--
`(i) the identification of such students, and of their
needs;
`(ii) the provision of support services to the families of those
students; and
`(iii) other activities consistent with the requirements of the
Individuals with Disabilities Education Act.
`(F) the development of academic and vocational curricula to address
the needs of Native Hawaiian children and adults, including curriculum
materials in the Hawaiian language and mathematics and science curricula
that incorporate Native Hawaiian tradition and culture;
`(G) professional development activities for educators,
including--
`(i) the development of programs to prepare prospective teachers to
address the unique needs of Native Hawaiian students within the context
of Native Hawaiian culture, language, and traditions;
`(ii) in-service programs to improve the ability of teachers who
teach in schools with concentrations of Native Hawaiian students to meet
those students' unique needs; and
`(iii) recruiting and preparing Native Hawaiians, and other
individuals who live in communities with a high concentration of Native
Hawaiians, to become teachers;
`(H) the operation of community-based learning centers that address
the needs of native Hawaiian families and communities through the
coordination of public and private programs and services,
including--
`(ii) after-school programs; and
`(iii) vocational and adult education programs;
`(I) research and data-collection activities to determine the
educational status and needs of Native Hawaiian children and
adults;
`(J) other research and evaluation activities related to programs
under this part; and
`(K) other activities, consistent with the purposes of this part, to
meet the educational needs of Native Hawaiian children and
adults.
`(3) PRIORITIES- In awarding grants or contracts to carry out activities
described in paragraphs (2)(F) and (2)(G), the Secretary shall give priority
to projects that--
`(A) focus on the needs of at-risk youth; and
`(B) use the Hawaiian language in instruction.
`(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years 2001
through 2005 to carry out this part.';
(5) in section 9211, by amending subsection (b) to read as
follows:
`(b) SPECIAL RULE- Each applicant for a grant or contract under this part
shall submit its application for comment to each local educational agency
serving students who will participate in the project and include those
comments, if any, with its application to the Secretary.';
(6) in section 9212, by--
(A) striking out paragraphs (3) and (5); and
(B) redesignating paragraphs (4) and (6) as paragraphs (3) and (4),
respectively; and
(7) by redesignating section 9211 and section 9212 as section 9205 and
section 9206, respectively.
Part C--Alaska Native Education
ALASKA NATIVE EDUCATION
SEC. 931. Part C of title IX of the ESEA is amended--
(1) by repealing sections 9304 through 9306 and inserting in lieu
thereof a new section 9304 to read as follows:
`PROGRAM AUTHORIZED
`SEC. 9304. (a) GENERAL AUTHORITY-
`(1) PROGRAM AUTHORIZED- The Secretary is authorized to make grants to,
or enter into contracts with, Alaska Native organizations, educational
entities with experience in developing or operating Alaska Native programs
or programs of instruction conducted in Alaska Native languages, and
consortia of such organizations and entities to carry out programs that meet
the purpose of this part.
`(2) PERMISSIBLE ACTIVITIES- Programs under this part may
include--
`(A) the development and implementation of plans, methods, and
strategies to improve the education of Alaska Natives;
`(B) the development of curricula and educational programs that
address the educational needs of Alaska Native students,
including--
`(i) curriculum materials that reflect the cultural diversity or the
contributions of Alaska Natives;
`(ii) instructional programs that make use of Native Alaskan
languages; and
`(iii) networks that introduce successful programs, materials, and
techniques to urban and rural schools;
`(C) professional development activities for educators,
including--
`(i) programs to prepare teachers to address the cultural diversity
and unique needs of Alaska Native students;
`(ii) in-service programs to improve the ability of teachers to meet
the unique needs of Alaska Native students; and
`(iii) recruiting and preparing teachers who are Alaska Natives,
reside in communities with high concentrations of Alaska Native
students, or are likely to succeed as teachers in isolated, rural
communities and engage in cross-cultural instruction;
`(D) the development and operation of home instruction programs for
Alaska Native preschool children, the purpose of which is to ensure the
active involvement of parents in their children's education from the
earliest ages;
`(E) the development and operation of student enrichment programs in
science and mathematics that--
`(i) are designed to prepare Alaska Native students from rural
areas, who are preparing to enter high school, to excel in science and
math; and
`(ii) provide appropriate support services to the families of such
students that are needed to enable such students to benefit from the
program;
`(F) research and data-collection activities to determine the
educational status and needs of Alaska Native children and
adults;
`(G) other research and evaluation activities related to programs
under this part; and
`(H) other activities, consistent with the purposes of this part, to
meet the educational needs of Alaska Native children and adults.
`(3) HOME INSTRUCTION PROGRAMS- Home instruction programs for Alaska
Native preschool children under paragraph (2)(D) may include--
`(A) programs for parents and their infants, from prenatal through age
three;
`(B) preschool programs; and
`(C) training, education, and support for parents in such areas as
reading readiness, observation, storytelling, and critical
thinking.
`(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years 2001
through 2005 to carry out this part.';
(A) by amending subsection (b) to read as follows:
`(b) APPLICATIONS- State and local educational agencies may apply for an
award under this part only as part of a consortium involving an Alaska Native
organization. This consortium may include other eligible applicants.';
(B) by amending subsection (d) to read as follows:
`(d) LOCAL EDUCATIONAL AGENCY COORDINATION- Each applicant for an award
under this part shall inform each local educational agency serving students
who would participate in the project about its application.';
(C) by striking out subsection (e); and
(3) by redesignating section 9307 and section 9308 as section 9305 and
section 9306, respectively.
TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE
FUND FOR THE IMPROVEMENT OF EDUCATION
SEC. 1001. Part A of title X of the ESEA is amended--
(i) by striking out `National Education Goals' and inserting in lieu
thereof `America's Education Goals'; and
(ii) by inserting `elementary and secondary' immediately after
`improve the quality of';
(B) by amending subsection (b) to read as follows:
`(b) USE OF FUNDS- Funds under this section may be used for--
`(1) development, evaluation, and other activities that are designed
to--
`(A) improve the quality of elementary and secondary
education;
`(B) assist all students to meet challenging State standards;
and
`(C) contribute to the achievement of America's Education
goals;
`(2) the development, implementation, and evaluation of programs that
are designed to foster student community service, encourage responsible
citizenship and improve academic learning, and give students the opportunity
to apply what they learn in the classroom to meet actual community
needs;
`(3) the identification and recognition of exemplary schools and
programs, such as Blue Ribbon Schools;
`(4) activities to study and implement strategies for creating smaller
learning communities;
`(5) programs under section 10102 and section 10103;
`(6) activities to promote family involvement in education; and
`(7) other programs and projects that meet the purposes of this
section.';
(C) by amending subsection (c) to read as follows:
`(c) AWARDS- (1) The Secretary may--
`(A) make awards under this section on the basis of competitions
announced by the Secretary; and
`(B) support meritorious unsolicited proposals.
`(2) An applicant for an award under this section, shall--
`(A) establish clear goals and objectives for its project under this
part; and
`(B) describe the activities it will carry out in order to meet the
goals and objectives of its project.
`(3) A recipient of an award under this section shall evaluate the
effectiveness of its project's activities in achieving the goals and
objectives stated in its application.
`(4) A recipient of an award under this section shall report to the
Secretary such information as may be required, including evidence of its
progress towards meeting the goals and objectives of its project, in order to
determine the effectiveness of its project under this section.
`(A) require recipients of awards under this section to provide matching
funds from non-Federal sources; and
`(B) limit competitions to particular types of entities, such as State
or local educational agencies.
`(6) The Secretary shall use a peer review process in reviewing
applications for assistance under this section and may use funds appropriated
under subsection (d) for the cost of such peer review.'; and
(D) by amending subsection (d) to read as follows:
`(d) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out
this section, there are authorized to be appropriated such sums as may be
necessary for fiscal year 2001 and each of the four succeeding fiscal
years.';
(E) by redesignating subsection (d), as amended by subparagraph D, as
subsection (e) and inserting a new subsection (d) to read as
follows:
`(d) EVALUATION AND PROGRAM DEVELOPMENT- (1) Each recipient of a grant
under this section shall submit to the Secretary a comprehensive evaluation of
the effects of its program assisted under this part, including its impact on
students, teachers, administrators, parents and others--
`(A) at the mid-point of the program; and
`(B) not later than one year after completion of the program.
`(2) Evaluations under this subsection shall focus on the effectiveness of
the program in achieving its goals and objectives.';
(2) by repealing section 10102;
(3) by amending section 10103 to read as follows:
`STATE AND LOCAL CHARACTER EDUCATION PROGRAM
`SEC. 10103. (a) PROGRAM AUTHORIZED- (1) The Secretary may make grants to
State educational agencies, local educational agencies, or consortia of such
educational agencies for the design and implementation of character education
programs.
`(2) Each grant under this section shall be awarded for a period not to
exceed five years, of which the recipient shall use not more than one year for
planning and program design.
`(b) APPLICATIONS- (1) Each applicant desiring a grant under this section
shall submit an application to the Secretary at such time and in such manner
as the Secretary may require.
`(2) Each application under this section shall include--
`(A) a description of any partnerships and other collaborative efforts
between the applicant and other educational agencies;
`(B) a description of the program's goals and objectives;
`(C) a description of the activities the applicant will carry out, and
how these activities are designed to meet the program's goals and objectives
under subparagraph (B), including--
`(i) how parents, students, and other members of the community,
including members of private and nonprofit organizations, will be involved
in the design and implementation of the program;
`(ii) the curriculum and instructional practices that will be used or
developed; and
`(iii) the methods of teacher training and parent education that will
be used or developed;
`(D) a description of how the program will be linked to other efforts to
improve educational outcomes, including--
`(i) broader educational reforms that are being instituted by the
applicant or its partners; and
`(ii) applicable State and local standards for student
performance;
`(E) a description of how the applicant will evaluate the progress of
its program in meeting the goals and objectives under subparagraph (B),
including the performance indicators that will be used to measure progress;
and
`(F) such other information as the Secretary may require.
`(c) DIVERSITY OF PROJECTS- The Secretary shall make awards under this
section that, to the extent practicable, support programs that serve different
geographic areas of the Nation, including urban, suburban, and rural
areas.';
(4) by redesignating section 10103, as amended by paragraph (3), as
section 10102 and adding a new section 10103 to read as follows:
`CHARACTER EDUCATION RESEARCH, DISSEMINATION, AND EVALUATION
`SEC. 10103. (a) PROGRAM AUTHORIZED- The Secretary is authorized to make
grants, or enter into contracts or cooperative agreements with, State
educational agencies, local educational agencies, institutions of higher
education, tribal organizations, and other public or private agencies or
organizations to carry out research, development, dissemination, technical
assistance, and evaluation activities that support or inform character
education programs under section 10102.
`(b) USE OF FUNDS- Consistent with subsection (a), funds under this
section may be used--
`(1) to conduct research and development activities that focus on such
matters as--
`(A) the effectiveness of instructional models;
`(B) materials and curricula that can be used by programs in character
education;
`(C) models of professional development in character education;
and
`(D) the development of outcome measures for character education
programs;
`(2) to provide technical assistance to the agencies receiving awards
under section 10102, particularly on matters of program evaluation;
`(3) to conduct a national evaluation of programs under section 10102;
and
`(4) to compile and disseminate, through various approaches, such as a
national clearinghouse--
`(A) information on model character education programs;
`(B) character education materials and curricula;
`(C) research findings in the area of character education and
character development; and
`(D) any other information that will be useful to character education
program participants and other educators and administrators, nationwide.';
and
(5) by repealing section 10104, section 10105, section 10106, and
section 10107.
GIFTED AND TALENTED CHILDREN
SEC. 1002. Part B of title X of the ESEA is amended--
(1) in section 10201, by striking out `of 1994';
(2) in section 10204(c), by adding at the end thereof a new paragraph
(3) to read as follows:
`(3) DISSEMINATION- The National Center shall focus the dissemination of
the results of its activities under subsection (b)(7) to schools with high
percentages of economically disadvantaged students.';
(3) by amending section 10206(b) to read as follows:
`(b) REVIEW AND DISSEMINATION- The Secretary--
`(1) shall use a peer review process in reviewing applications under
this part;
`(2) shall ensure that the information on the activities and results of
programs and projects funded under this part is disseminated to appropriate
State and local agencies and other appropriate organizations, including
private nonprofit organizations; and
`(3) may evaluate the effectiveness of programs under this part in
accordance with section 11801 of this Act.'; and
(4) by amending section 10207 to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 10207- For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.'.
INTERNATIONAL EDUCATION PROGRAM
SEC. 1003. Title VI of Goals 2000: Educate America Act (P.L. 103-227) is
amended--
(1) in section 601(c)(6) to read as follows:
`(6) DEFINITIONS- For the purposes of this subsection, the term
`eligible country' means a Central European country, an Eastern European
country, Lithuania, Latvia, Estonia, Georgia, the Republic of Ireland, the
province of Northern Ireland in the United Kingdom of Great Britain, the
Commonwealth of Independent States, any country that formerly was a republic
of the Soviet Union whose political independence is recognized by the United
States, and any other emerging democracy in a developing country. For the
purpose of this definition, the term `developing country' shall have the
same meaning given it in the Education of the Deaf Act.';
(2) by amending section 601(d) to read as follows:
`(d) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out
this part, there are authorized to be appropriated such sums as may be
necessary for fiscal year 2001 and each of the four succeeding fiscal years.';
and
(3) by redesignating such title and section as part C of title X of the
ESEA and section 10301, respectively.
ARTS IN EDUCATION
SEC. 1004. Part D of title X of the ESEA is amended--
(1) by striking out the heading and designation of subpart 1;
(i) by redesignating paragraphs (9) and (10) as paragraphs (10) and
(11), respectively; and
(ii) by inserting immediately after paragraph (8) the following new
paragraph:
`(9) supporting model arts and cultural programs for at-risk children
and youth, particularly programs that use arts and culture to promote
students' academic progress;'; and
(B) by amending subsection (f) to read as follows:
`(f) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this
part, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and each of the four succeeding fiscal years.'; and
(3) by repealing subpart 2.
INEXPENSIVE BOOK DISTRIBUTION PROGRAM
SEC. 1005. Section 10501(e) of the ESEA is amended by striking out
`$10,300,000 for fiscal year 1995 and such sums as may be necessary' and
inserting in lieu thereof `such sums as may be necessary for fiscal year 2001
and'.
CIVIC EDUCATION
SEC. 1006. Part F of title X of the Elementary and Secondary Education Act
of 1965 is amended--
(1) by repealing section 10602;
(2) by amending section 10603 to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 10603. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.'; and
(3) by redesignating section 10603, as amended by paragraph (2), as
section 10602.
ALLEN J. ELLENDER FELLOWSHIP PROGRAM
SEC. 1007. Part G of title X of the Elementary and Secondary Education Act
of 1965 is repealed.
21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 1008. Part I of title X of the ESEA is amended--
(1) in section 10902(2), by striking out `should collaborate' and
inserting in lieu thereof `must collaborate';
(A) by amending subsection (a) to read as follows:
`(a) GRANTS BY THE SECRETARY- (1) The Secretary is authorized, in
accordance with paragraph (2), to award grants to community-based
organizations and local educational agencies, on behalf of public elementary
or secondary schools in inner-cities, small cities, and rural areas, that
serve communities with a substantial need for expanded learning opportunities
because--
`(A) they have a high proportion of low-achieving students;
`(B) they lack resources to establish or expand after-school centers
that benefit the educational, health, social service, cultural, and
recreational needs of the community; or
`(C) they have other needs consistent with the purposes of this
part.
`(2) The Secretary may reserve up to 10 percent of the funds appropriated
to carry out this part for any fiscal year to make grants to community-based
organizations to carry out projects, consistent with the purposes of this part
and with subsection (c).';
(B) by amending subsection (b) to read as follows:
`(b) EQUITABLE DISTRIBUTION- In awarding grants under this part, the
Secretary shall ensure an equitable distribution of assistance among the
States and among urban and rural areas of the United States.'; and
(C) in subsection (c), by striking out `3 years' and inserting in lieu
thereof `5 years';
(i) in the matter preceding paragraph (1), by striking out `an
elementary or secondary school or consortium' and inserting in lieu
thereof `a local educational agency, on behalf of one or more elementary
or secondary schools, or a community-based organization';
(ii) in paragraph (1), by striking out `the school or consortium'
and inserting in lieu thereof `the applicant';
(iii) in paragraph (2), by striking out `and' at the end
thereof;
(aa) by inserting `schools,' immediately after `undertaken by';
and
(bb) by inserting a comma and `in order to promote community
involvement in the planning and implementation of services provided under this
part' immediately after `appropriate organizations';
(II) in subparagraph (D), by striking out `the school or
consortium' and inserting in lieu thereof `the applicant';
and
(III) in subparagraph (E), by--
(aa) striking out `the school or consortium' and inserting in lieu
thereof `the applicant'; and
(bb) striking out the period at the end thereof and inserting in lieu
thereof a semi-colon; and
(v) by adding, at the end thereof, the following new paragraphs (4),
(5), and (6):
`(4) information demonstrating that the applicant will provide at least
50 percent of the cost of the project from other sources, which may include
other Federal funds and may be provided in cash or in-kind, fairly
evaluated;
`(5) an assurance that the applicant will, in each year of the project,
expend, from non-Federal sources, at least as much for the services under
this part as it expended for the preceding year; and
`(6) information demonstrating how the applicant will continue the
project after completion of the grant.';
(B) by amending subsection (b) to read as follows:
`(b) PRIORITY- The Secretary shall give priority to applications that
describe projects that--
`(1) offer a broad selection of services that address the needs of the
community; and
`(2) offer significant, expanded learning opportunities for children and
youth in the community.'; and
(C) by further amending section 10904 by adding at the end thereof a
new subsection (c), to read as follows:
`(c) SPECIAL RULE- An application submitted by a community-based
organization shall contain evidence that affected local educational agencies
concur with the proposed project.';
(4) in section 10905, by striking out `may be used to plan, implement,
or expand community learning centers which include not less than four' and
inserting in lieu thereof `shall be used to establish or expand community
learning centers that provide activities that offer significant expanded
learning opportunities, such as before and after school, for children and
youth in the community, and that may also include any';
(5) by amending section 10906 to read as follows:
`SEC. 10906. (a) COMMUNITY LEARNING CENTER- For the purpose of this part,
the term `community learning center' means an entity that--
`(1) provides expanded learning opportunities, and may also provide
services that address health, social service, cultural, and recreational
needs of the community; and
`(2) is operated in conjunction with local governmental agencies,
businesses, vocational education programs, institutions of higher education,
community colleges, and cultural, recreational, and other community and
human service entities.
`(b) SPECIAL RULE- In the case of a community learning center operated by
a local educational agency, the center shall be located within a public
elementary or secondary school building.';
(6) by amending section 10907 to read as follows:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 10907. For the purposes of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.';
(7) by adding at the end thereof the following new section 10908:
`CONTINUATION AWARDS
`SEC. 10908. The Secretary may use funds under this part to make
continuation awards for projects that were funded with fiscal year 1999 and
2000 funds, under the terms and conditions that applied to the original awards
for those projects.'; and
(A) part I as part G; and
(B) sections 10901 through 10908, as amended by this section, as
sections 10701 through 10708, respectively.
URBAN AND RURAL EDUCATION ASSISTANCE
SEC. 1009. Part J of title X of the Elementary and Secondary Education Act
of 1965 is repealed.
HIGH SCHOOL REFORM
SEC. 1010. Title X of the ESEA is further amended by inserting after part
G, as redesignated by section 1008(8)(A), a new part H to read as follows:
`Part H--High School Reform
`FINDINGS AND PURPOSES
`SEC. 10801. (a) FINDINGS- The Congress finds as follows:
`(1) All high school students must obtain the academic foundations
needed for further education and training, and to succeed in an economy that
is increasingly characterized by global competition, evolving technologies,
and high demands for a skilled, literate, and adaptable workforce.
`(2) To be effective, high schools must not only prepare students
academically, they must also ensure that students are connecting with adults
and are receiving the necessary supports to continue their personal and
interpersonal growth during this critical transition stage.
`(3) Effective high schools are places where students feel safe, the
school is free of drugs, and the classrooms are disciplined environments
where all students can learn. High schools are increasingly larger places
where students feel increasingly disconnected from adults and often from
their peers, particularly in urban and suburban areas. Research shows that
when students feel connected to school and to their parents, they are less
likely than other adolescents to suffer from emotional distress, have
suicidal thoughts and behaviors, use violence, and smoke cigarettes, drink
alcohol, or smoke marijuana.
`(4) Research and national data collections indicate that many high
schools do not succeed in meeting both the academic and developmental needs
of students. For example--
`(A) more than 20 percent of Americans, ages 25 through 29, do not
have a regular high school diploma;
`(B) on the most recent international assessment of mathematics and
science knowledge, the Third International Mathematics and Science Study
(TIMSS), American 12th-graders outperformed students from only two of the
21 other participating Nations. A comparison of these assessment results
with 4th-grade and 8th-grade TIMSS scores indicates that American students
lose ground during the high school years;
`(C) recent results from National Assessment of Educational Progress
reading assessments for 12th-graders indicate improvement in the
performance of higher-achieving students, but no improvement in the scores
for the lowest-achieving students;
`(D) the problems facing high schools are particularly prevalent in
schools that enroll concentrations of minority students and students from
low-income families; and
`(E) relatively few high schools are undertaking serious,
standards-based educational reforms. For instance, most of the initiatives
carried out through the Comprehensive School Reform Demonstrations program
have been at the elementary level.
`(5) Because of changes made by the Improving America's Schools Act of
1994, high schools now receive significantly more title I funding than was
the case before, and the number of high schools operating title I schoolwide
programs has increased. However, evaluations indicate that title I, by
itself, has not yet resulted in significant reforms in high schools. High
schools now have the opportunity to use title I funds to leverage Federal,
State, and local funds to implement education reforms.
`(6) High school reforms can be effective. For example, schools
participating in the Southern Regional Education Board `High Schools that
Work' program, a whole-school, research-based reform initiative, have shown
significant improvement in reading and mathematics scores. The Johns Hopkins
University Talent Development model has demonstrated promising results at
its initial implementation site. The schools implementing locally based
reforms and participating in the Department of Education's `New American
High Schools' initiative have generally achieved improved outcomes in
graduation, attendance, and achievement.
`(7) A variety of approaches to high school reform, geared to local
conditions and needs, can be effective. These approaches include `schools
within schools' and other innovations that create smaller learning
environments and involve adults more fully in the lives of students, `career
academies' and other approaches that structure learning around careers,
partnerships that pair schools with businesses or institutions of higher
education, and reforms that reorganize the school day. In addition, most
successful reforms include a strong focus on the professional development of
participating educators and provision of in-depth academic, career, and
college counseling.
`(b) PURPOSES- The purposes of this part are to--
`(1) support the planning and implementation of educational reforms in
high schools, particularly in urban and rural high schools that educate
concentrations of students from low-income families, in order to--
`(A) meet the needs of students at risk of failing to achieve to
challenging standards, by strengthening curriculum and instruction,
offering extended learning opportunities, and providing professional
development opportunities to school staff; and
`(B) improve title I schoolwide programs in high schools;
`(2) support the further development of educational reforms, designed
specifically for high schools, that--
`(A) help students meet challenging State standards; and
`(B) increase connections between students and adults and provide safe
learning environments;
`(3) create positive incentives for serious change in high schools, by
offering rewards to participating schools that achieve significant
improvements in student achievement;
`(4) increase the national knowledge base on effective high school
reforms by identifying the most effective approaches and disseminating
information on those approaches so that they can be adopted nationally;
and
`(5) support the implementation of reforms in at least 5,000 American
high schools by the year 2007.
`GRANTS TO LOCAL EDUCATIONAL AGENCIES
`SEC. 10802. (a) GRANTS AUTHORIZED- The Secretary may make grants to local
educational agencies, on a competitive basis, for activities, consistent with
this part, carried out in their high schools.
`(b) DURATION- Each grant under this section shall be for a period of up
to three years.
`(c) LIMITATION- The Secretary shall not provide assistance under this
part to any high school under more than one grant.
`APPLICATIONS
`SEC. 10803. (a) APPLICATIONS REQUIRED- A local educational agency that
desires to receive a grant under this part shall submit an application at such
time, in such manner, and containing such information as the Secretary may
determine.
`(b) CONTENTS- Each such application shall, for each high school for which
assistance is sought--
`(1) identify the school and describe its need for assistance under this
part;
`(A) a preliminary plan for grades above 8th grade in the school that
describes the educational reforms that will take place, as well as the
specific activities to be carried out with grant funds; and
`(B) an assurance that the local educational agency will have a final
plan for those reforms and activities within six months of receiving a
grant under this part; and
`(3) demonstrate that a substantial percentage of administrators,
teachers, and students at the school, as well as parents of students and
other members of the community, were (and will be) involved in developing
and carrying out that plan.
`SELECTION OF GRANTEES
`SEC. 10804. (a) IN GENERAL- The Secretary shall select grantees, using a
peer-review process, on the basis of--
`(1) the relative need of each high school for which assistance is
sought, considering such factors as the percentage of students who are from
low-income families, student achievement data, dropout rates, and attendance
rates; and
`(2) the quality of applications, including the likelihood that the
proposed reforms will succeed.
`(b) APPLICATIONS FOR MORE THAN ONE HIGH SCHOOL- In case of a meritorious
application that requests assistance for more than one high school, the
Secretary may approve the application for any number of those schools.
`(c) SPECIAL RULES- In approving applications under this section, the
Secretary shall--
`(1) to the extent possible, award a majority of grants under this part
to assist high schools that participate in programs under part A of title I
of this Act or serve high-poverty school attendance areas; and
`(2) equitably distribute grants among the geographic regions of the
Nation and among urban and rural local educational agencies.
`PRINCIPLES AND COMPONENTS OF EDUCATIONAL REFORMS
`SEC. 10805. (a) PRINCIPLES- Each grantee under this part shall ensure
that the reforms it carries out under this part are designed so that that each
assisted high school--
`(1) is a place where students receive individual attention and support,
through such strategies as creating smaller learning environments, such as
`schools within schools' and career academies and providing students with
counselors and mentors;
`(2) provides all students in the school with challenging coursework,
aligned with State content and performance standards, through such
strategies as the use of technology to enhance academic instruction and the
establishment or expansion of international baccalaureate programs or
advanced placement programs;
`(3) is a place where students are motivated to learn, through such
strategies as applied learning and linking the arts, music, and cultural
opportunities with the school, both during and after the normal school
day;
`(4) enables students to receive an education that is continuous and
integrated, through such strategies as partnerships with middle schools and
institutions of higher education;
`(5) helps students achieve their educational and career goals, through
such strategies as integrated academic and vocational instruction that
connects students with career opportunities; and
`(6) functions as a center for the community, through such strategies as
increasing the involvement of parents, employers, and others in the
community.
`(b) REQUIRED COMPONENTS- In order to institutionalize the principles
described in subsection (a), each grantee under this part shall use funds that
are provided on behalf of a high school to implement (and, if necessary, to
use not more than six months to complete the planning and development of)
research-based educational reform strategies throughout the entire school
that--
`(1) in the case of a school with a schoolwide program under part A of
title I, build on and improve the schoolwide reform program;
`(2) address the needs of students who are at risk of failing to be
promoted to the next grade or to graduate, including--
`(A) covering material that students need to master in order to pass
State-mandated exit exams; and
`(B) strengthening curriculum, instruction, and assessments and by
offering extended learning opportunities such as after-school, weekend,
and summer programs;
`(3) are implemented at the school level, but include strong support and
assistance from the local educational agency, as documented in its
application;
`(4) make full and effective use of the resources that the school
receives under other Federal programs;
`(5) make use of outside experts in high-school reform, unless the local
educational agency demonstrates in its application, to the Secretary's
satisfaction, that the school's reform strategy can be implemented
effectively without outside assistance;
`(6) include professional development of school staff, including
development of the skills needed to use student achievement and other
outcome data to refine and improve the educational reform strategy;
and
`(7) provide for collecting data on, and evaluating, the reforms and for
reporting to the Secretary on the results of those evaluations.
`PRIVATE SCHOOLS
`SEC. 10806. (a) PROFESSIONAL DEVELOPMENT- Each grantee under section
10804 shall, in accordance with sections 11803 through 11806, provide for the
equitable participation of private school personnel in the professional
development activities it carries out with grant funds.
`(b) INFORMATION- If a grantee uses grant funds to develop curricular
materials, it shall make information about those materials available to
private schools at their request.
`ADDITIONAL ACTIVITIES
`SEC. 10807. From the amount available to carry out this part for any
fiscal year under section 10809, the Secretary shall reserve the amount he
finds appropriate to carry out one or more of the following:
`(1) INCENTIVE AWARDS- (A)(i) The Secretary shall select a random sample
of schools from each of the first two years' cohorts of grantees, along with
a similarly selected control group of comparable schools, to participate in
an incentive-based experiment, under which the Secretary makes incentive
payments to teachers and administrators in the grantee schools if, after
three years of program participation, their students demonstrate significant
gains in student educational outcomes compared to the gains made in the
schools in the control group.
`(ii) If those significant gains continue, the Secretary may make
further incentive payments to those teachers and administrators for up to
two additional years.
`(B) The Secretary shall base determinations of student educational
outcomes on multiple measures, including scores on State assessments.
`(C) The maximum amount of an incentive award under this paragraph is
$3,000 per teacher and administrator per year, which may be used by those
individuals for any purpose.
`(2) RECOGNITION, DISSEMINATION, NETWORKS, AND PEER REVIEW- The
Secretary may--
`(A) recognize high schools and high school reforms that show
outstanding results;
`(B) disseminate information on those schools and reforms;
`(C) carry out other activities to encourage the spread and adoption
of successful high school reform strategies;
`(D) facilitate the creation of networks among participating schools
and local educational agencies, which may include schools and local
educational agencies interested in meeting the purpose of this part;
and
`(E) pay the costs of the peer review of applications under this
part.
`(3) EVALUATION- The Secretary may reserve funds, consistent with
section 11911, to evaluate activities carried out under this part.
`DEFINITION
`SEC. 10808. For the purpose of this part, the term `high school' means
any school that serves students in 12th grade.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 10809. For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the four succeeding fiscal years.'.
FOREIGN LANGUAGE ASSISTANCE PROGRAM
SEC. 1011. Title X of the ESEA is further amended by inserting after part
H, as added by section 1010, a new part I to read as follows:
`Part I--Foreign Language Assistance Program
`FINDINGS; PURPOSE
`SEC. 10901. (a) FINDINGS- The Congress finds that:
`(1) Increased fluency in languages other than English is necessary if
the United States is to compete effectively in a global economy.
`(2) Four out of five new jobs in the United States are created from
foreign trade.
`(3) The optimum time to begin learning a second language is in
elementary school, when children have the greatest ability to learn and
excel in foreign languages.
`(4) Foreign language study can increase children's capacity for
critical and creative thinking, and children who study a second language
show greater cognitive development in such areas as mental flexibility,
creativity, tolerance, and higher-order thinking skills.
`(5) Children who have studied a foreign language in elementary school
score higher on standardized tests of reading, language arts, and
mathematics than children who have not studied a foreign language.
`(6) The United States lags behind other developed countries in offering
foreign language study to elementary and secondary school students.
`(7) While research suggests that students more easily acquire foreign
languages when instruction begins in the early grades, fewer than one-third
of elementary schools in the United States offer foreign language
instruction.
`(8) Of those elementary schools that do offer foreign language
instruction, most offer only an introductory exposure to the foreign
language.
`(9) Few elementary school foreign language programs are coordinated
with secondary school foreign language
programs to promote transitions that build on student knowledge of the
foreign language.
`(10) Foreign language teachers have a continuing need for professional
development that provides opportunities to improve their language competence
and their teaching skills in the language they teach. This need is
particularly important for elementary school teachers, most of whom have no
specialized training or certification to teach languages at that
level.
`(11) The next generation of advanced computers and telecommunications
technology has a tremendous potential for improving access to foreign
language instruction and the quality of that instruction at the elementary
level.
`(12) It is a national goal that 25 percent of all public elementary
schools offer high-quality, comprehensive foreign language programs by 2005,
and that 50 percent offer such programs by 2010. Such programs should be
designed to achieve language proficiency, aligned with State foreign
language standards, and available to all students (including students with
limited English proficiency and students with disabilities), and should
ensure effective coordination between elementary and secondary school
foreign language instruction.
`(b) PURPOSE- It is the purpose of this part to expand, improve the
quality of, and enhance foreign language programs at the elementary school
level, including programs that recruit and train qualified elementary school
foreign language teachers, by supporting--
`(1) State efforts to encourage and support such programs;
`(2) local implementation of innovative programs that meet local needs;
and
`(3) the identification and dissemination of information on best
practices in elementary school foreign language education.
`ELEMENTARY SCHOOL FOREIGN LANGUAGE ASSISTANCE PROGRAM
`SEC. 10902. (a) AUTHORITY- (1) From funds appropriated under subsection
(g) for any fiscal year, the Secretary is authorized to make grants to State
educational agencies and to local educational agencies for the Federal share
of the cost of the activities set forth in subsection (b).
`(2) Each grant under paragraph (1) shall be awarded for a period of three
years.
`(3) A State educational agency may receive a grant under paragraph (1) if
it--
`(A) has established, or is establishing, State standards for foreign
language instruction; or
`(B) requires the public elementary schools of the State to provide
foreign language instruction.
`(4) A local educational agency may receive a grant under paragraph (1) if
the program proposed in its application under subsection (c)--
`(A) shows promise of being continued beyond the grant period;
`(B) would demonstrate approaches that can be disseminated to, and
duplicated by, other local educational agencies;
`(C) would include performance measurements and assessment systems that
measure students' proficiency in a foreign language; and
`(D) would use a curriculum that is aligned with State standards, if the
State has such standards.
`(b) AUTHORIZED ACTIVITIES- (1) Grants to State educational agencies under
this section shall be used to support programs that promote the implementation
of high-quality foreign language programs in the elementary schools of the
State, which may include--
`(A) developing foreign language standards and assessments that are
aligned with those standards;
`(B) supporting the efforts of institutions of higher education within
the State to develop programs to prepare the elementary school foreign
language teachers needed in schools within the State and to recruit
candidates to prepare for, and assume, such teaching positions;
`(C) developing new certification requirements for elementary school
foreign language teachers, including requirements that allow for alternative
routes to certification;
`(D) providing technical assistance to local educational agencies in the
State in developing, implementing, or improving elementary school foreign
language programs, including assistance to ensure effective coordination
with, and transition of students among, elementary, middle, and secondary
schools;
`(E) disseminating information on promising or effective practices in
elementary school foreign language instruction and supporting educator
networks that help improve that instruction;
`(F) stimulating the development and dissemination of information on
instructional programs that use educational technologies and technology
applications (including such technologies and applications as multimedia
software, web-based resources, digital television, and virtual reality and
wireless technologies) to deliver instruction or professional development,
or to assess students' foreign language proficiency; and
`(G) collecting data on and evaluating the elementary school foreign
language programs in the State and activities carried out with the
grant.
`(2) Grants to local educational agencies under this section shall be used
for activities to develop and implement high-quality, standards-based
elementary school foreign language programs, which may include--
`(A) curriculum development and implementation;
`(B) professional development for teachers and other staff;
`(C) partnerships with institutions of higher education to provide for
the preparation of the teachers needed to implement programs under this
section;
`(D) efforts to coordinate elementary school foreign language
instruction with secondary-level foreign language instruction, and to
provide students with a smooth transition from elementary to secondary
programs;
`(E) implementation of instructional approaches that make use of
advanced educational technologies; and
`(F) collection of data on, and evaluation of, the activities carried
out under the grant, including assessment, at regular intervals, of
participating students' proficiency in the foreign language studied.
`(3) SPECIAL RULE- Efforts under paragraph (2)(D) may include support for
the expansion of secondary school instruction, so long as that instruction is
part of an articulated elementary-through-secondary school foreign language
program that is designed to result in student fluency in a foreign
language.
`(c) APPLICATIONS- (1) Any State educational agency or local educational
agency desiring to receive a grant under this section shall submit an
application to the Secretary at such time, in such form, and containing such
information and assurances, as the Secretary may require.
`(2) Each application shall include descriptions of--
`(A) the goals that the applicant intends to accomplish through the
project, including--
`(i) for applications submitted by State educational agencies, the
goal of ensuring the availability of qualified elementary school foreign
language teachers throughout the State; and
`(ii) for applications submitted by local educational agencies, the
goal of enabling all participating students to become proficient in a
foreign language;
`(B) the activities to be carried out through the project; and
`(C) how the applicant will determine the extent to which its project
meets its goals.
`(d) PRIORITIES- In awarding grants under this section, the Secretary may
establish one or more priorities consistent with the purpose of this part,
including priorities for projects carried out by local educational agencies
that--
`(1) provide immersion programs in which instruction is in the foreign
language for a major portion of the day; or
`(2) promote the sequential study of a foreign language for students,
beginning in elementary schools.
`(e) REPORTS- (1) A State educational agency or local educational agency
that receives a grant under this section shall submit to the Secretary an
annual report that provides information on the project's progress in reaching
its goals.
`(2) A local educational agency that receives a grant under this section
shall include in its report under paragraph (1), information on students'
gains in comprehending, speaking, reading, and writing a foreign language, and
shall compare such educational outcomes to the State's foreign language
standards, if such State standards exist.
`(f) FEDERAL SHARE- (1) The Federal share for each fiscal year of a
program under this section shall be not more than 50 percent.
`(2) The Secretary may waive the requirement of paragraph (1) for any
local educational agency that the Secretary determines does not have adequate
resources to pay the non-Federal share of the cost of the activities assisted
under this section.
`(g) AUTHORIZATION OF APPROPRIATIONS- (1) For the purpose of carrying out
this section, there are authorized
to be appropriated such sums as may be necessary for fiscal year 2001 and for
each of the four succeeding fiscal years.
`(2) For any fiscal year, the Secretary may reserve up to five percent of
the amount appropriated under paragraph (1) to--
`(A) conduct independent evaluations of the activities assisted under
this section;
`(B) provide technical assistance to recipients of awards under this
section; and
`(C) disseminate findings and methodologies from evaluations required
by, or funded under, this section and other information obtained from such
programs.'.
NATIONAL WRITING PROJECT
SEC. 1012. Part K of title X of the ESEA is amended--
(i) by striking `154 regional sites' and inserting in lieu thereof
`157 regional sites'; and
(ii) by striking `45 States' and inserting in lieu thereof `46
States';
(B) in paragraph (17) by adding `and' at the end thereof;
(C) in paragraph (18) by striking out at the end thereof the semicolon
and `and' and inserting in lieu thereof a period; and
(D) by striking out paragraph (19);
(A) by striking out subsection (e);
(B) by amending subsection (g) to read as follows:
`(g) EVALUATION- The Secretary may conduct an independent evaluation, by
grant or contract, of the program administered pursuant to this part.'; and
(C) by amending subsection (i) to read as follows:
`(i) AUTHORIZATION OF APPROPRIATIONS- For the purposes of carrying out
this part, there are authorized to be appropriated such sums as may be
necessary for fiscal year 2001 and each of the four succeeding fiscal years.';
and
(A) part K, as amended by this section, as part J; and
(B) section 10991 and section 10992 as section 10951 and section
10952, respectively.
TITLE XI--GENERAL PROVISIONS, DEFINITIONS AND ACCOUNTABILITY
DEFINITIONS
SEC. 1101. Part A of title XIV of the ESEA is amended--
(A) in paragraphs (5), (6), (7), and (8), by striking out `section
14302' and inserting in lieu thereof `section 11502';
(B) by amending paragraph (10) to read as follows:
`(10) COVERED PROGRAM- The term `covered program' means each of the
programs authorized by--
`(D) subpart 1 of part D of title III;
`(E) part A of title IV (other than section 4115);
`(F) the Comprehensive School Reform Demonstration Program;
and
(C) in paragraph (11)(B), by striking out `and title VI';
(D) in paragraph (24), by striking out `section 602(a)(17)' and
inserting in lieu thereof `section 602(22)';
(E) by redesignating paragraphs (15) through (29) as paragraphs (16)
through (30), respectively; and
(F) by inserting after paragraph (14) a new paragraph (15) to read as
follows:
`(15) FAMILY LITERARY SERVICES- The term `family literacy services'
means services provided to eligible participants on a voluntary basis that
are of sufficient intensity, both in hours and duration, to make sustainable
changes in a family, and that integrate all of the following
activities:
`(A) Interactive literacy activities between parents and their
children.
`(B) Training for parents on how to be the primary teachers for their
children and full partners in the education of their children.
`(C) Parent literacy training that leads to economic
self-sufficiency.
`(D) An age-appropriate education to prepare children for success in
school and life experiences.'; and
(2) in section 14102, by striking out `Parts B, C, D, E, and F' and
inserting in lieu thereof `Parts D, E, F, and G'.
ADMINISTRATIVE FUNDS
SEC. 1102. Part B of title XIV of the ESEA is amended--
(A) by amending subsection (a)(2) to read as follows:
`(2) APPLICABILITY- This section applies to--
`(A) programs under title I and those programs described in
subparagraphs (C), (D), and (E) of section 11101(10);
`(B) the Comprehensive School Reform Demonstration Program;
`(D) the Carl D. Perkins Vocational and Technical Education Act of
1998; and
`(E) such other programs as the Secretary may designate.';
(B) by amending subsection (b)(2) to read as follows:
`(2) ADDITIONAL USES- A State educational agency may also use the funds
available under this section for administrative activities designed to
enhance the effective and coordinated use of funds under the programs
included in the consolidation under subsection (a), such as--
`(A) State-level activities designed to carry out this title,
including part B;
`(B) the coordination of those programs with other Federal and
non-Federal programs;
`(C) the establishment and operation of peer-review mechanisms under
this Act;
`(D) collaborative activities with other State educational agencies to
improve administration under this Act;
`(E) the dissemination of information regarding model programs and
practices;
`(F) technical assistance under the programs specified in subsection
(a)(2);
`(G) training personnel engaged in audit and other monitoring
activities; and
`(H) implementation of the Cooperative Audit Resolution and Oversight
Initiative.'; and
(C) by striking out subsection (f);
(A) in subsection (b), by striking out `Improving America's Schools
Act of 1994' and inserting in lieu thereof `Educational Excellence for All
Children Act of 1999'; and
(B) in subsection (d), by striking out `the uses described in section
14201(b)(2)' and inserting in lieu thereof `for uses, at the school
district and school levels, comparable to those described in section
11401(b)(2)';
(3) by repealing section 14204;
(4) in section 14205(a)(2)(B)(i), by striking out `National Education
Goals' and inserting in lieu thereof `America's Education Goals'; and
(A) by amending the section heading to read: `most effective use of
program funds.';
(B) by amending subsection (a) to read as follows:
`(a) MOST EFFECTIVE USE- With the approval of its State educational
agency, a local educational agency that determines for any fiscal year that
funds under a covered program (other than part A of title I) would be more
effective in helping all its students achieve the State's challenging
standards if used under another covered program, may use those funds, not to
exceed five percent of the local educational agency's total allotment for that
fiscal year, to carry out programs and activities under that other covered
program.'; and
(C) in subsection (b), by striking out `title XI of this Act' and
inserting in lieu thereof `part I of this title'.
COORDINATION OF PROGRAMS
SEC. 1103. Part C of title XIV of the Act is amended--
(1) in the heading thereof, by striking out `and applications';
(2) by amending section 14302 to read as follows:
`OPTIONAL CONSOLIDATED STATE PLANS
`SEC. 14302. (a) GENERAL-
(1) PURPOSE AND AUTHORITY- In order to promote continuing,
standards-based education reform, encourage the integration and coordination
of resources, and simplify application requirements and reduce burden for
State educational agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under which a State
educational agency may submit a
consolidated State plan meeting the requirements of this section for any or
all of--
`(A) the covered programs in which the State participates;
and
`(B) the additional programs described in paragraph (2).
`(2) ADDITIONAL PROGRAMS- A State educational agency may also include in
its consolidated State plan--
`(A) the Even Start program under part B of title I;
`(B) the State Agency Programs for Children and Youth Who Are
Neglected or Delinquent under part D of title I;
`(C) programs under part A of title II of the Carl D. Perkins
Vocational and Technical Education Act of 1998; and
`(D) such other programs as the Secretary may designate.
`(3) STATE DEVELOPMENT AND SUBMISSION- (A) A State educational agency
desiring to receive a grant under two or more of the programs to which this
section applies may submit a consolidated State plan for those programs that
satisfies the procedures and criteria established under this section.
`(B) A State educational agency that submits a consolidated State plan
shall not be required to submit separate State plans or applications for the
programs included in the consolidated State plan.
`(C) A State educational agency that submits a consolidated State plan
shall comply with all the requirements applicable to the programs in the
consolidated State plan as if it had submitted separate State plans.
`(4) CONSOLIDATED STATE PLANS- A State educational agency that desires
to receive funds under a program to which this section applies for the
fiscal year 2001 and the succeeding four fiscal years shall submit to the
Secretary a new consolidated plan that meets the requirements of this
section within the time specified by the Secretary.
`(1) COLLABORATIVE PROCESS- (A) In establishing criteria and procedures
under this section, the Secretary shall collaborate with State educational
agencies and, as appropriate, with other State agencies, local educational
agencies, public and private nonprofit agencies, organizations, and
institutions, private schools, and representatives of parents, students, and
teachers.
`(B)(i) Through the collaborative process described in paragraph (1),
the Secretary shall establish, for each program under the Act to which this
section applies, the descriptions and information that must be included in a
consolidated State plan.
`(ii) In carrying out clause (i), the Secretary shall ensure that a
consolidated State plan contains, for each program included in the plan, the
descriptions and information needed to ensure proper and effective
administration of that program in accordance with its purposes.
`(2) INTEGRATION AND COORDINATION OF RESOURCES- In its consolidated plan
under this section, a State educational agency shall describe how--
`(A) funds under the programs included in the plan will be integrated
to best serve the students and teachers intended to benefit from those
programs; and
`(B) those programs will be coordinated at the State, school district,
and school levels with--
`(i) other covered programs not included in the plan;
and
`(ii) related programs, such as programs under the Reading
Excellence Act under part E of title I, the 21st Century Community
Learning Centers program and the High School Reform program under parts
G and H of title X, respectively, and the Teacher Quality Enhancement
Programs, and the Gaining Early Awareness and Readiness for
Undergraduate Programs under title II and chapter 2 of subpart 2 of part
A of title IV, of the Higher Education Act of 1965,
respectively.
`(c) INDICATORS- In order to evaluate its performance under its
consolidated State plan, a State educational agency shall include in its
plan--
`(1) any information required by the Secretary under section 11912
regarding performance indicators, benchmarks, and targets; and
`(2) any other indicators or measures the State determines are
appropriate for evaluating its performance under its consolidated State
plan.
`(d) MONITORING AND DATA INTEGRITY- A State educational agency shall
include in its consolidated State plan a description of the strategies it will
use to meet the requirements of section 11503(a)(4) and (5).
`(e) PEER REVIEW AND SECRETARIAL APPROVAL- (1) The Secretary shall--
`(A) establish a peer-review process to assist in the review, and
provide recommendations for the revision, of consolidated State plans under
this section; and
`(B) to the extent practicable, appoint individuals to the peer-review
process who--
`(i) are knowledgeable about the programs, and the populations they
serve, included in the plans;
`(ii) are representative of State educational agencies, local
educational agencies, teachers, and parents of students served under those
programs; and
`(iii) have expertise on educational standards, assessments, and
accountability.
`(2)(A) Following such peer review, the Secretary shall approve a
consolidated State plan if the Secretary determines that the plan meets the
requirements of this section.
`(B) The Secretary may accompany such approval with one or more conditions
that the State educational agency shall meet.
`(3) If the Secretary determines that the plan does not meet the
requirements of this section, the Secretary shall notify the State of that
determination and the reasons for it.
`(4) The Secretary shall not finally disapprove a consolidated State plan
before--
`(A) offering the State an opportunity to revise its plan;
`(B) providing technical assistance to assist the State to meet the
requirements; and
`(C) providing a hearing.
`(f) REVISION AND AMENDMENT- A State educational agency shall periodically
review its consolidated State plan to ensure that it accurately reflects its
strategies and activities under the programs covered by the plan. If the State
educational agency makes significant changes to its strategies and activities,
it shall submit an amendment to its plan to the Secretary for approval in
accordance with this section.';
(3) in section 14303(a)--
(A) in the matter before paragraph (1)--
(i) by striking out `or consolidated State application';
and
(ii) by striking out `section 14302' and inserting in lieu thereof
`section 11502';
(B) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs
(6), (7), (8), and (9), respectively; and
(C) by inserting after paragraph (3) the following new
paragraphs:
`(4) the State will monitor performance by local educational agencies to
ensure compliance with the requirements of this Act and--
`(A) maintain proper documentation of monitoring activities;
`(B) provide technical assistance when appropriate and undertake
enforcement activities when needed; and
`(C) systematically analyze the results of audits and other monitoring
activities to identify trends in funding and to develop strategies to
correct problems;
`(5) the data used by the State to measure its performance (and that of
its local educational agencies) under this Act are complete, reliable, and
accurate, or, if not, that the State will take such steps as are necessary
to make those data complete, reliable, and accurate.';
(4) by repealing section 14304;
(5) by amending section 14305 to read as follows:
`CONSOLIDATED LOCAL PLANS
`SEC. 14305. (a) GENERAL AUTHORITY- A local educational agency receiving
funds under more than one covered program may submit plans to the State
educational agency under such programs on a consolidated basis.
`(b) CONSOLIDATED PLANS- A State educational agency that has an approved
consolidated State plan under section 11502 may require local educational
agencies that receive funds under more than one program included in the
consolidated State plan to submit consolidated local plans for such
programs.
`(c) COLLABORATION- A State educational agency shall collaborate with
local educational agencies in the State in establishing criteria and
procedures for the submission of the consolidated local plans under this
section.
`(d) CONTENTS- For each program under this Act that may be included in a
plan under this section, the Secretary may designate the descriptions and
information that must be included in a local consolidated plan, to ensure that
each such program is administered in a proper and effective manner in
accordance with its purposes.';
(6) in section 14306, by striking out `section 14304' and inserting in
lieu thereof `section 11504';
(7) by repealing section 14307; and
(8) by adding at the end thereof a new section to read as follows:
`CONSOLIDATED REPORTING
`SEC. 14307. In order to encourage integration and coordination of
resources, simplify reporting requirements,
and reduce reporting burden, the Secretary shall establish procedures and
criteria under which a State educational agency must submit a consolidated State
annual performance report. Such a report shall contain information about the
programs included in the report, including the State's performance under those
programs, and other matters, as the Secretary determines, such as information
regarding monitoring activities under part I and section 11503(a)(4). Such a
report shall take the place of individual annual performance reports for the
programs subject to it.'.
WAIVERS
SEC. 1104. Part D of title XIV of the Act is amended--
(1) in section 14401(a), by inserting a comma and `the Carl D. Perkins
Vocational and Technical Education Act of 1998, or subtitle B of title VII
of the Stewart B. McKinney Homeless Assistance Act' immediately after
`requirement of this Act';
(2) in section 14401(b), by amending paragraph (1) to read as
follows:
`(1) IN GENERAL- A State educational agency, local educational agency,
or Indian tribe that desires a waiver shall submit an application to the
Secretary at such time, in such manner, and containing such information as
the Secretary may reasonably require. Each such application shall--
`(A) identify each Federal program affected and the statutory or
regulatory requirement requested to be waived;
`(B) describe the purpose and expected results of waiving each such
requirement;
`(C) describe for each school year specific, measurable, educational
goals for the State educational agency and for each local educational
agency, Indian tribe, or school that would be affected by the waiver;
and
`(D) explain why the waiver would assist the State educational agency
and each affected local educational agency, Indian tribe, or school in
reaching those goals.';
(3) in section 14401(c)--
(A) in paragraph (8) by--
(i) striking out `part C of title X' and inserting in lieu thereof
`part B of title V'; and
(ii) by striking out `or' at the end thereof;
(i) by striking out `section 14502' and `section 14507' and
inserting in lieu thereof `section 11702' and `section 11707',
respectively; and
(ii) at the end thereof, by striking out the period and inserting in
lieu thereof a semi-colon and `and'; and
(C) by adding at the end thereof a new paragraph to read as
follows:
`(10) health and safety.'; and
(4) in section 14401(e)(4), by--
(A) striking out `fiscal year 1997' and inserting in lieu thereof
`fiscal year 2001'; and
(B) striking out `the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate' and inserting in lieu thereof `the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate'.
UNIFORM PROVISIONS
SEC. 1105. Part E of title XIV of the Act is amended--
(1) in section 14501(a), by inserting `(except part C of title I)'
immediately after `covered program';
(A) in subsection (a)(1), by inserting `that address their needs'
immediately before the period;
(B) by amending subsection (b)(1) to read as follows:
`(1) IN GENERAL- This section applies to programs under--
`(C) subpart 2 of part A of title II;
`(E) part A of title IV, other than section 4115; and
`(F) part A of title VII.'; and
(I) in subparagraph (C), by striking out `and' at the end
thereof;
(II) in subparagraph (D), by striking out the period and inserting
a semi-colon; and
(III) by adding at the end thereof the following new
subparagraphs:
`(E) to the extent applicable, the amount of funds received by such
agency that are attributable to private school children; and
`(F) how and when such agency will make decisions about the delivery
of services to these children.'; and
(ii) by amending paragraph (2) to read as follows:
`(2) TIMING- Such consultation shall include meetings of agency and
private school officials, shall occur before the local educational agency
makes any decision that affects the opportunities of eligible private school
children, teachers, or other educational personnel to participate in
programs under this Act, and shall continue throughout the implementation
and assessment of activities under this section.';
(3) in section 14504, by striking out `section 14503' and `sections
14503, 14505, and 14506' and inserting in lieu thereof `section 11703' and
`sections 11703, 11705, and 11706', respectively;
(A) in subsection (a)(1)(A), by striking out `section 14504' and
inserting in lieu thereof `section 11704';
(B) in subsection (b), by striking out `section 14503' and inserting
in lieu thereof `section 11703'; and
(C) in subsection (d), by striking out `Improving America's Schools
Act of 1994' and inserting in lieu thereof `Educational Excellence for All
Children Act of 1999'; and
(5) by repealing section 14513 and section 14514.
REPEAL
SEC. 1106. Part F of title XIV of the Act is repealed.
EVALUATION AND INDICATORS
SEC. 1107. Part G of title XIV of the Act is amended--
(1) by amending the heading thereof to read as follows:
`Evaluation and Indicators';
(I) by redesignating subparagraphs (B) and (C) as subparagraphs
(C) and (D), respectively;
(II) by inserting the following new subparagraph
(B):
`(B) conduct evaluations that carry out the purposes of the Government
Performance and Results Act of 1993 with respect to programs under this
Act;';
(III) in subparagraph (C), as redesignated by clause (i), by
striking out `and' at the end thereof;
(IV) in subparagraph (D), as redesignated by clause (i), by
striking out the period and inserting in lieu thereof a semi-colon and
`and'; and
(V) by adding at the end thereof the following new subparagraph
(E):
`(E) to work in partnership with the States to develop information
relating to program performance that can be used to help achieve
continuous program improvement at the State, school district, and school
levels.';
(B) by striking out subsections (b) and (c); and
(C) by inserting after subsection (a) the following new
subsections:
`(b) NATIONAL EVALUATION- The Secretary shall use funds reserved under
subsection (a) to conduct independent studies of programs under this Act and
the effectiveness of those programs in achieving their purposes, to determine
whether those programs (or the administration of those programs) are--
`(1) contributing to improved student academic performance;
`(2) supporting the development of challenging standards and aligned
assessments that guide other elements of school reform, including teacher
certification, curriculum frameworks, instruction, and professional
development;
`(3) assisting efforts in schools and classrooms to improve teaching and
the climate for learning, particularly in high-poverty schools, including
efforts related to technology, professional development, school violence and
drug prevention, and public school choice;
`(4) promoting flexibility with accountability;
`(5) supporting efforts to strengthen family and community involvement
in education;
`(6) targeting their resources effectively;
`(7) contributing to reform efforts and continuous improvement;
and
`(8) achieving other goals consistent with the purposes of this
Act.
`(c) INDEPENDENT PANEL- The Secretary shall establish an independent panel
to review studies under subsection (b) to advise the Secretary on their
progress, and to comment, if the panel chooses, on the final report described
in subsection (d).
`(d) REPORTS- The Secretary shall submit an interim report on the
evaluation described in subsection (b) within three years of enactment of the
Educational Excellence for All Children Act of 1999 and a final report within
four years of its enactment to the Committee on Education and the Workforce of
the House of Representatives and to the Committee on Health, Education, Labor
and Pensions of the Senate.
`(e) PARTNERSHIPS TO STRENGTHEN PERFORMANCE INFORMATION FOR IMPROVEMENT-
The Secretary may provide technical assistance to recipients of assistance
under this Act in order to strengthen the collection and assessment of
information relating to program performance and quality assurance at the State
and local levels. Such technical assistance shall be designed to promote the
development, measurement, use, and reporting of data on valid, reliable,
timely, and consistent performance indicators, within and across programs, and
may include one-time grants, from funds reserved under subsection (a), to
recipients to develop their data systems with the goal of helping recipients
make continuous program improvement.'; and
(3) by adding at the end thereof the following new section:
`PERFORMANCE MEASURES
`SEC. 14702. (a) IN GENERAL- The Secretary is authorized to establish
performance indicators, benchmarks, and targets for each program under this
Act and subtitle B of title VII of the Stewart B. McKinney Homeless Assistance
Act, to assist in measuring program performance. Indicators, benchmarks, and
targets under this section shall be consistent with the Government Performance
and Results Act of 1993 (and strategic plans adopted by the Secretary under
that Act) and section 11501.
`(b) COLLABORATION- The Secretary shall collaborate with State educational
agencies, local educational agencies, and other recipients under this Act in
establishing performance indicators, benchmarks, and targets under this
section.
`(c) PLANS AND APPLICATIONS- The Secretary may require any applicant for
funds under this Act or subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act to--
`(1) include in its plan or application information relating to how it
will use performance indicators, benchmarks, and targets under this section
to improve its program performance; and
`(2) report data relating to such performance indicators, benchmarks,
and targets to the Secretary.'.
COORDINATED SERVICES
SEC. 1108. (a) REPEALS AND REDESIGNATIONS- The ESEA is further amended
by--
(1) repealing sections 11003 and 11007; and
(A) title XI of the ESEA as part I of title XI of the ESEA;
and
(B) sections 11001, 11002, 11004, 11005, and 11006 as sections 11901,
11902, 11903, 11904, and 11905, respectively.
(b) MISCELLANEOUS- Part I of title XI of the ESEA, as redesignated by
subsection (a)(2), is amended--
(1) by amending section 11903, as redesignated by subsection (a)(2)(B),
to read as follows:
`PROJECT DEVELOPMENT AND IMPLEMENTATION
`SEC. 11903. (a) APPLICATIONS- Each eligible entity desiring to use funds
made available under section 11405(b) shall submit an application to the
appropriate State educational agency at such time, in such manner, and
accompanied by such information as that agency may reasonably require.
`(b) PROJECT ACTIVITIES- An eligible entity that wishes to conduct a
coordinated services project shall--
`(i) the results of its assessment of the economic, social, and health
barriers to educational achievement experienced by children and families,
including foster children and their foster families, in the community, and
of the local, State, Federal, and privately funded services available to
meet those needs;
`(ii) a description of the entities operating the coordinated services
project;
`(iii) a description of its coordinated services project, the
objectives of that project, where the project will be located, the
community-wide partnership that will link public and private agencies
providing services to children and their families, the staff that
will be used to carry out the project, and how the project will meet the
requirements in this part; and
`(iv) an annual budget that indicates the sources and amounts of funds
under this Act that will be used for the project, consistent with section
11405(b), and the purposes, by budget category, for which those funds will
be used;
`(2) evaluate annually the success of the coordinated services project
under this section in meeting its goals and objectives;
`(3) train teachers and appropriate personnel on the purposes,
activities, and services of the coordinated services project, and how
children and families may obtain those activities and services; and
`(4) ensure that the coordinated services project addresses the health
and welfare needs of migratory families.
`(c) SPECIAL RULE- A State educational agency need not require eligible
entities to submit an application under subsection (a) in order to permit them
to carry out coordinated services projects under this section.';
(2) in section 11904(a)--
(A) in paragraph (1), by striking out `section 14206(b)' and `section
11004(b)(1)' and inserting in lieu thereof `section 11405(b) for a
coordinated services project' and `section 11903(b)(1)(i)', respectively;
and
(B) in paragraph (2), by striking out `section 14206(b)' and inserting
in lieu thereof `section 11405(b)'; and
(A) by striking out `Secretary' each place it appears and inserting in
lieu thereof `State educational agency'; and
(B) by striking out `section 14206(b)' and inserting in lieu thereof
`section 11405(b)'.
REDESIGNATIONS
SEC. 1109. Title XIV of the ESEA is further amended--
(1) by redesignating such title as title XI;
(2) by redesignating sections 14101, 14102, and 14103 as sections 11101,
11102, and 11103, respectively;
(A) part B as part D; and
(B) sections 14201, 14202, 14203, 14205, and 14206 as sections 11401,
11402, 11403, 11404, and 11405, respectively;
(A) part C as part E; and
(B) sections 14301, 14302, 14303, 14305, 14306, and 14307 as sections
11501, 11502, 11503, 11504, 11505, and 11506, respectively;
(A) part D as part F; and
(B) section 14401 as section 11601;
(A) part E as part H; and
(B) sections 14501, 14502, 14503, 14504, 14505, 14506, 14507, 14508,
14509, 14510, 14511, and 14512 as sections 11801, 11802, 11803, 11804,
11805, 11806, 11807, 11808, 11809, 11810, 11811, and 11812,
respectively;
(A) part G as part J; and
(B) sections 14701 and 14702 as sections 11911 and 11912,
respectively; and
(B) sections 14801 and 14802 as sections 11921 and 11922,
respectively.
ED-FLEX PARTNERSHIPS
SEC. 1110. (a) IN GENERAL- The Education Flexibility Partnership Act of
1999 (P.L. 106-25) is amended--
(1) by striking out everything before section 1;
(A) striking out `Act' and inserting in lieu thereof `part';
and
(B) striking out `of 1999';
(A) striking out paragraph (5);
(B) redesignating paragraphs (6) and (7) as paragraphs (5) and (6),
respectively; and
(C) in paragraph (5), as redesignated by subparagraph (B),
by--
(i) striking out `Expansion of waiver authority will allow for the
waiver of' and inserting `States should be allowed to waive';
and
(ii) striking out the comma after `affected programs' and everything
that follows through `and maintaining' and inserting `and
maintaining';
(4) by amending section 3 to read as follows:
`DEFINITIONS
`SEC. 3. As used in this part, the terms `eligible school attendance area'
and `school attendance area' have the meanings given those terms in section
1113(a)(2) of this Act.';
(I) in the matter before subparagraph (A), by inserting a comma
after `section';
(II) by amending subparagraph (A) to read as
follows:
`(A) has an approved educational accountability plan under section
11208 of this Act and is making satisfactory progress, as determined by
the Secretary, in implementing its policies under sections 11204 and 11205
of this Act;'; and
(III) by amending subparagraph (B) to read as
follows:
`(B) has developed and implemented challenging State content
standards, challenging State student performance standards, and aligned
assessments described in section 1111(b) of this Act; and';
(ii) in paragraph (3)(B)--
(I) in the matter before clause (i), by striking out `such
application' and inserting `it'; and
(II) in clause (iv)(I), by striking out `have the ability to' and
inserting `can';
(iii) in paragraph (4)(A)--
(I) in the matter before clause (i), by inserting a comma
immediately after `paragraph (1)(A)' and immediately after `regulatory
requirement', the second time that phrase appears, respectively;
and
(II) in clause (iv), by striking out `why' and inserting
`how';
(I) in subparagraph (B)(ii), by striking out `each such State' and
inserting in lieu thereof `it'; and
(II) in subparagraph (C), by striking out `2 years after the date
of the enactment of this Act' and inserting `May 1,
2001';
(v) in paragraph (6), by amending subparagraph (A) to read as
follows:
`(A) IN GENERAL- The Secretary shall not approve the application of a
State educational agency under paragraph (3) for a period exceeding 5
years, except that the Secretary may, in accordance with subparagraph (C),
extend that period if the Secretary determines that--
`(i) the State educational agency's authority to grant waivers has
been effective in enabling that State or affected local educational
agencies or schools to carry out their State or local reform plans and
to continue to meet the accountability requirement described in
paragraph (2)(B); and
`(ii) the State has made significant statewide gains in student
achievement and in closing the achievement gap between low- and
high-performing students.'; and
(vi) in paragraph (7), by striking out `1999' and inserting
`2000';
(B) by amending subsection (b) to read as follows:
`(b) INCLUDED PROGRAMS- The statutory and regulatory requirements referred
to in subsection (a)(1)(A) are any requirements for programs carried out under
the following provisions:
`(1) Title I of this Act (other than subsection (a) and (c) of section
1116).
`(2) Part A of title II of this Act.
`(3) Subpart 1 of part D of title III of this Act.
`(4) Part A of title IV of this Act.
`(5) Title VI of this Act.
`(6) Part B of title VII of this Act.
`(7) The Carl D. Perkins Vocational and Technical Education Act of
1998.
`(8) Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act.';
(i) in subparagraph (G), by striking out `such Act' and inserting
`this Act';
(ii) by redesignating subparagraphs (H) and (I) as subparagraphs (I)
and (J), respectively; and
(iii) by inserting a new subparagraph (H) to read as
follows:
`(H) the eligibility of a school for a schoolwide program under
section 1114 of this Act, except that a State educational agency may grant
a waiver to allow a local educational agency to conduct a schoolwide
program in a school that serves an attendance area in which not less than
40 percent of the children are from low-income families or in which not
less than 40 percent of the children enrolled are from such
families;';
(i) in paragraph (1), by striking out `the waiver authority' and
inserting `that waiver authority'; and
(ii) in paragraph (4), by--
(I) striking out `date of the enactment of this Act' and inserting
`effective date of this part'; and
(II) striking out `subpart 2 of part A of title III of the
Elementary and Secondary Education Act of 1965 (other than section
3136 of such Act)' and inserting `subpart 1 of part D of title III of
this Act'; and
(E) at the end thereof, by adding a new subsection (f) to read as
follows:
`(f) TRANSITION- Waivers granted under applicable ED-Flex authority prior
to the effective date of this part shall remain in effect in accordance with
the terms and conditions that applied to those waivers when they were granted.
Waivers granted on or after the effective date of this part shall be subject
to the provisions of this part.';
(6) by striking out `the Elementary and Secondary Education Act of 1965'
each place it appears and inserting `this Act'; and
(7) by repealing sections 5 and 6.
(b) REDESIGNATIONS- Title XI of the ESEA is further amended--
(1) by redesignating the Education Flexibility Partnership Act, as
amended by subsection (a), as part G of title XI; and
(2) by redesignating sections 1, 2, 3, and 4 as sections 11701, 11702,
11703, and 11704, respectively.
ACCOUNTABILITY
SEC. 1111. Title XI of the ESEA, as redesignated by section 1109, is
further amended by inserting a new part B to read as follows:
`Part B--Improving Education Through Accountability
`SHORT TITLE
`SEC. 11201. This part may be cited as the `Education Accountability Act
of 1999'.
`PURPOSE
`SEC. 11202. It is the purpose of this part to improve academic
achievement for all children, assist in meeting America's Education Goals
under section 3 of this Act, promote the incorporation of challenging State
academic content and student performance standards into classroom practice,
enhance the accountability of State and local officials for student progress,
and improve the effectiveness of programs under this Act and the educational
opportunities of the students that they serve.
`TURNING AROUND FAILING SCHOOLS
`SEC. 11203. Consistent with section 1111(b)(3)(B) of this Act, a State
that receives assistance under this Act shall develop and implement a
statewide system for holding its local educational agencies and schools
accountable for student performance that includes--
`(1) a procedure for identifying local educational agencies and schools
in need of improvement;
`(2) intervening in those agencies and schools to improve teaching and
learning; and
`(3) implementing corrective actions, if those interventions are not
effective.
`STUDENT PROGRESS AND PROMOTION POLICY
`SEC. 11204. (a) IN GENERAL- (1) A State that receives assistance under
this Act shall, at the time it submits its accountability plan under section
11208, have in effect a State policy that is designed to--
`(A) ensure that students progress through school on a timely basis,
having mastered the challenging material needed for them to reach high
standards of performance; and
`(B) end the practices of social promotion and retention.
`(2) As used in this part, the term--
`(A) `social promotion' means the unsound educational practice of
promoting students who have not demonstrated mastery of challenging State
academic standards without affording those students continuing intensive and
comprehensive interventions by educational authorities to enable them to
master such standards; and
`(B) `retention' means the unsound educational practice of requiring
students who have not demonstrated mastery of challenging academic standards
to repeat a grade or part of a grade rather than placing such students in
age-appropriate settings and affording them continuing intensive and
comprehensive interventions by educational authorities to enable them to
master such standards.
`(b) POLICY- In order to ensure that students will progress through school
and graduate having mastered the
challenging material needed for them to meet high standards of performance, a
State policy under subsection (a) shall--
`(A) its local educational agencies to implement continuing, intensive
and comprehensive educational interventions as may be necessary to ensure
that all students can meet the challenging academic performance standards
required under section 1111(b)(1)(A) of this Act; and
`(B) whatever steps are necessary by States, local educational
agencies, parents and students to ensure that all students will meet the
challenging academic performance standards required under section
1111(b)(1)(A) at three key transition points as determined by the state,
consistent with section 1111(b)(2)(D) so that students will progress
through school and graduate having mastered the challenging material
needed for them to meet high standards of performance.
`(2) require the State educational agency to determine, through the
collection of appropriate data, whether local educational agencies and
schools are ending the practices of social promotion and retention;
`(3) require its local educational agencies to provide to all students
educational opportunities in classrooms with qualified teachers who use
proven instructional practices that are aligned with the State's challenging
standards and who are supported by high-quality professional
development;
`(4) require its local educational agencies to use effective,
research-based prevention and early intervention strategies to identify and
support students who need additional help to meet those promotion
standards;
`(5) provide, with respect to students who have not demonstrated mastery
of challenging State academic standards on a timely basis--
`(A) for continuing, intensive, and age-appropriate interventions,
including extended instruction and learning time, such as after-school and
summer programs that are designed to help students master such
material;
`(B) for other specific interventions, with appropriate instructional
strategies, to enable students with limited English proficiency and
students with disabilities to master such material;
`(C) for the identification of the knowledge and skills in particular
subject areas that students have not mastered, in order to facilitate
remediation in those areas;
`(D) for the development, by schools, of plans to provide
individualized attention to students who have not mastered such
material;
`(E) for full communication between the school and parents, including
a description and analysis of the students' performance, how it will be
improved, and how parents will be involved in the process; and
`(F) in cases in which significant numbers of students have failed to
master such material, for a State review of whether corrective action
under section 1116 of this Act with respect to the school or local
educational agency is needed;
`(6) require its local educational agencies to disseminate widely their
policies under this subsection in language and in a format that is concise
and that parents can understand; and
`(7) ensure that any assessments used by a State, local educational
agency, or school for the purpose of implementing a policy under this
subsection--
`(A) are aligned with the State's challenging content and performance
standards and provide coherent information about student progress towards
attainment of those standards;
`(B) include multiple measures, including teacher evaluations, no one
of which may be assigned determinative weight in making adverse decisions
about individual students;
`(C) offer multiple opportunities for students to demonstrate that
they meet the standards;
`(D) are valid and reliable for the purposes for which they are used
and must fairly and accurately measure what students have been
taught;
`(E) provide reasonable adaptations and accommodations for students
with disabilities and students with limited English proficiency;
`(F) provide that students with limited English proficiency are
assessed, to the greatest extent practicable, in the language and form
most likely to yield accurate and reliable information about what those
students know and can do; and
`(G) provide that Spanish-speaking students with limited English
proficiency are assessed using tests written in Spanish, if
Spanish-language assessments are more likely than English-language tests
to yield accurate and reliable information on what those students know and
can do.
`(c) PLAN CONTENT- A State shall include in its accountability plan under
section 11208 a detailed description of--
`(1) its policy under subsection (b), in accordance with paragraph
(2);
`(2) the strategies and steps (including
timelines and performance indicators) that the State will take to ensure that
its policy is fully implemented no later than four years from the date of the
approval of its accountability plan; and
`(3) the steps that the State will take to ensure that the policy is
disseminated to all local educational agencies and schools in the State and
to the general public.
`ENSURING TEACHER QUALITY
`SEC. 11205. (a) IN GENERAL- A State that receives assistance under this
Act shall, at the time it submits its accountability plan under section 11208,
have in effect a policy that--
`(1) is designed to ensure that there are qualified teachers in every
classroom in the State; and
`(2) meets the requirements of this section.
`(b) POLICY- A policy to ensure teacher quality under this section shall
include the strategies that the State will carry out to ensure that, within
four years from the date of the approval of its accountability plan--
`(1) not less than 95 percent of the teachers in public schools in the
State are certified or--
`(A) have a baccalaureate degree and are enrolled in a program, such
as an alternative certification program, leading to full certification in
their field within three years; or
`(B) have full certification in another State and are establishing
certification where they are teaching;
`(2) not less than 95 percent of the teachers in public secondary
schools in the State have academic training or demonstrated competence in
the subject area in which they teach;
`(3) there is no disproportionate concentration in particular school
districts of teachers who are not described in paragraphs (1) or (2);
and
`(4) its certification process for new teachers includes an assessment
of content knowledge and teaching skills that is aligned with State
standards.
`(c) PLAN CONTENT- (1) A State shall include in its accountability plan
under section 11208 the performance indicators by which it will annually
measure its progress in--
`(A) decreasing the percentage of teachers in the State teaching without
full licenses or credentials; and
`(B) increasing the percentage of secondary school classes in core
academic subject areas taught by teachers who--
`(i) have a postsecondary-level academic major or minor in the subject
area they teach or a related field; or
`(ii) otherwise demonstrate a high level of competence through
rigorous tests in their academic subject.
`(2) In its accountability plan under section 11208, a State shall assure
that, in carrying out this policy, it will not decrease the rigor or quality
of its teacher certification standards.
`SOUND DISCIPLINE POLICY
`SEC. 11206. (a) IN GENERAL- A State that receives assistance under this
Act shall, at the time it submits its accountability plan under section 11208,
have in effect a policy that requires its local educational agencies and
schools to have in place and implement sound and equitable discipline
policies, in order to ensure a safe, orderly, and drug-free learning
environment in every school.
`(b) POLICY- A State discipline policy under this section shall require
local educational agencies and schools to have in place and implement
disciplinary policies that--
`(1) focus on prevention and are coordinated with prevention strategies
and programs under title IV of this Act;
`(2) apply to all students and are enforced consistently and
equitably;
`(3) are clear and understandable;
`(4) are developed with the participation of school staff, students, and
parents;
`(5) are broadly disseminated;
`(6) ensure that due process is provided;
`(7) are consistent with applicable Federal, State and local laws,
including the Individuals With Disabilities Education Act;
`(8) ensure that teachers are adequately trained to manage their
classrooms effectively; and
`(9) in case of students who are suspended or expelled from school,
provide for appropriate supervision, counseling, and educational services
that will help those students continue to meet the State's challenging
standards.
`(c) PLAN CONTENT- A State shall include in its accountability plan under
section 11208 an assurance that
it has in effect a policy that meets the requirements of this section.
`EDUCATION REPORT CARDS
`SEC. 11207. (a) IN GENERAL- (1) A State that receives assistance under
this Act shall, at the time it submits its accountability plan under section
11208, have in effect a policy that requires the development and dissemination
of annual report cards, regarding the status of education and educational
progress in the State and in its local educational agencies and schools, that
meet the requirements of this section.
`(2) Report cards under this section shall--
`(B) be disseminated in a format and manner that parents can understand;
and
`(C) focus on educational results.
`(b) CONTENT OF STATE-LEVEL REPORT CARD- (1) The State shall, at a
minimum, include in the annual State-level report card information
regarding--
`(A) student performance on statewide assessments, set forth on an
aggregated basis, in both reading (or language arts) and mathematics, as
well as any other subject area for which the State requires
assessments;
`(B) attendance and graduation rates in the public schools of the
State;
`(C) average class size in each of the school districts in the
State;
`(D) school safety, including the incidence of school violence and drug
and alcohol abuse and the number of instances in which a student has
possessed a firearm at school, subject to the Gun-Free Schools Act;
and
`(E) the professional qualifications of teachers in the State, including
the number of teachers teaching with emergency credentials and the number of
teachers teaching out of their field of expertise.
`(2) Student achievement data in the report card shall contain
statistically sound, disaggregated results for the following categories:
`(B) Racial and ethnic group.
`(D) Students with disabilities, as compared to students who are not
disabled.
`(E) Economically disadvantaged students, as compared to students who
are not economically disadvantaged.
`(F) Students with limited English proficiency, as compared to students
who are proficient in English.
`(3) A State may include in such report cards any other information it
determines appropriate to reflect school quality and student achievement, such
as information on--
`(A) longitudinal achievement scores from the National Assessment of
Educational Progress or State assessments;
`(B) parent involvement, as determined by such measures as the extent of
parental participation in school parental involvement activities;
`(C) participation in extended learning time programs, such as
after-school and summer programs; and
`(D) the performance of students in meeting physical education
goals.
`(c) CONTENT OF LOCAL EDUCATIONAL AGENCY AND SCHOOL REPORT CARDS- (1) The
State shall ensure that each local educational agency and each school in the
State includes in its annual report card, at a minimum--
`(A) the information described in subsections (b)(1) and (b)(2);
and
`(B)(i) in the case of a local educational agency--
`(I) the number of schools identified as low-performing schools, such
as schools identified as in need of improvement under section 1116(c)(1)
of this Act; and
`(II) information that shows how students in its schools performed on
statewide assessments compared to students in the rest of the State
(including such comparisons over time, if the information is available);
or
`(ii) in the case of a school--
`(I) whether it has been identified as a low-performing school;
and
`(II) information that shows how its students performed on statewide
assessments compared to students in the rest of the local educational
agency and the State (including such comparisons over time, if the
information is available).
`(2) Local educational agencies and schools may include in their annual
report cards the information described in subsection (b)(3) and any other
appropriate information.
`(d) DISSEMINATION AND ACCESSIBILITY OF REPORT CARDS- (1) State-level
report cards under subsection (b) shall be posted on the Internet,
disseminated to all schools and local educational agencies in the State, and
made broadly available to the public.
`(2) Local educational agency report cards under subsection (c) shall be
disseminated to all schools in the school district and to all parents of
students attending these schools, and made broadly available to the public,
through such means as posting on the Internet.
`(3) School report cards under subsection (c) shall be disseminated to all
parents of students attending that school and be made broadly available to the
public, through such means as posting on the Internet.
`(e) PLAN CONTENT- A State shall include in its accountability plan under
section 11208 an assurance that it has in effect a policy that meets the
requirements of this section.
`EDUCATION ACCOUNTABILITY PLANS
`SEC. 11208. (a) IN GENERAL- Each State that receives assistance under
this Act on or after July 1, 2000, shall have on file with the Secretary an
approved accountability plan that meets the requirements of this section.
`(b) CONTENT- An accountability plan under subsection (a) shall
include--
`(1) a description of the State's system under section 11203;
`(2) a description of the steps the State will take to ensure that all
local educational agencies have the capacity needed to ensure compliance
with this part;
`(3) the information or assurances called for by sections 11204(c),
11205(c), 11206(c), and 11207(e);
`(4) information indicating that the Governor and the State educational
agency concur with the plan; and
`(5) any other information that the Secretary may reasonably require to
ensure the proper and effective administration of this part.
`(c) REPORTS- (1) A State shall report annually to the Secretary, in such
form and containing such information as the Secretary may require, on its
progress in carrying out the requirements of this part, and shall include such
report in its consolidated State performance report under section 11506.
`(2) In reporting on its progress in implementing its student progress and
social promotion policy under section 11204, a State shall assess the effect
of its policy, and its implementation, in improving academic achievement for
all children and otherwise carrying out the purpose specified in section
11202.
`(d) RELATIONSHIP TO CONSOLIDATED PLAN- (1) If a State submits a
consolidated State plan under section 11502, it shall include in that plan its
accountability plan under this section.
`(2) If a State does not submit a consolidated State plan, it shall submit
a separate accountability plan under this section to receive assistance under
this Act.
`(e) APPROVAL- (1)(A) The Secretary shall approve an accountability plan
under this section if the Secretary determines that it complies substantially
with the requirements of this part.
`(B) The Secretary may accompany the approval of a plan with conditions
that are consistent with the purpose of this part.
`(2) In reviewing accountability plans under this part, the Secretary
shall employ the peer-review procedures under section 11502(e).
`(3) If a State does not submit a consolidated State plan under section
11502, the Secretary shall, in considering that State's separate
accountability plan under this section, employ such procedures, comparable to
those set forth in section 11502(e), as the Secretary may determine.
`AUTHORITY OF SECRETARY TO ENSURE ACCOUNTABILITY
`SEC. 11209. (a) REMEDIES FOR SUBSTANTIAL FAILURE- If the Secretary
determines that a State has failed substantially to carry out a requirement of
this part or a provision in its approved accountability plan under section
11208, or that its performance has failed substantially to meet a performance
indicator in such plan, the Secretary shall take, consistent with applicable
due process procedures, one or more of the following steps to ensure that the
purpose of this part is carried out promptly:
`(1) Providing, or arranging for the provision of, technical assistance
to the State educational agency in question.
`(2) Requiring a plan for corrective action.
`(3) Suspending or terminating authority to grant waivers under
applicable ED-Flex authority.
`(4) Suspending or terminating eligibility to participate in competitive
programs under this Act.
`(5) Withholding, in whole or in part, State administrative funds
available under this Act.
`(6) Withholding, in whole or in part, program funds available to such
State under the Act.
`(7) Imposing one or more conditions upon the Secretary's approval of a
State plan or application under this Act.
`(8) Taking other action authorized under part D of the General
Education Provisions Act, such as a cease-and-desist order or compliance
agreement.
`(9) Taking any other appropriate accountability step that is consistent
with this Act, including referral to the Department of Justice for
enforcement.
`(b) EFFECTIVE ENFORCEMENT- If remedial steps taken by the Secretary under
subsection (a) fail to correct the State's non-compliance, the Secretary shall
take one or more additional steps under subsection (a) to bring the State into
compliance.
`RECOGNITION AND REWARDS
`SEC. 11210. (a) IN GENERAL- If the Secretary determines that a State has
demonstrated significant, statewide achievement gains in core subjects, as
measured by the National Assessment of Educational Progress for three
consecutive years, is closing the achievement gap between low- and
high-performing students, and has in place strategies for continuous
improvement, including improvement in reducing the practices of social
promotion and retention, the Secretary shall, in light of all the
circumstances, including the size of those gains, recognize and reward the
State, as described under subsection (b).
`(b) REWARDS- The Secretary shall establish, through regulation, a system
for recognizing and rewarding States described under subsection (a). Such
rewards may include--
`(1) conferring priority in competitive programs under this Act;
`(2) increased flexibility in administering programs under this Act,
consistent with maintaining accountability; and
`(3) supplementary grants or administrative funds to carry out the
purposes of this Act.
`(c) AUTHORIZATION- There are authorized to be appropriated for fiscal
year 2001 and each of the four succeeding fiscal years, such sums as may be
necessary to carry out subsection (b)(3).
`BEST PRACTICES AND MODELS
`SEC. 11211. In implementing this part, the Secretary shall, after
consulting with State and local educational agencies and other agencies,
institutions, and organizations with experience or information relevant to the
purpose of this part, disseminate information about best practices, models,
and other forms of technical assistance.
`CONSTRUCTION
`SEC. 11212. Nothing in this part shall be construed as affecting home
schooling or the application of the civil rights laws or the Individuals with
Disabilities Education Act.'.
AMERICA'S EDUCATION GOALS PANEL
SEC. 1112. Title XI of the ESEA, as redesignated by section 1109, is
further amended by adding a new part C to read as follows:
`Part C--America's Education Goals Panel
`PURPOSE
`SEC. 11301. It is the purpose of this part to establish a bipartisan
mechanism for--
`(1) building a national consensus for education improvement; and
`(2) reporting on progress toward achieving America's Education
Goals.
`AMERICA'S EDUCATION GOALS PANEL
`SEC. 11302. (a) ESTABLISHMENT- There is established an America's
Education Goals Panel (hereinafter in this part referred to as the `Goals
Panel') to advise the President, the Secretary, and the Congress.
`(b) COMPOSITION- The Goals Panel shall be composed of 18 members
(hereinafter in this part referred to as `members'), including--
`(1) 2 members appointed by the President;
`(2) 8 members who are Governors, 3 of whom shall be from the same
political party as the President and 5 of whom shall not be from the same
political party as the President, appointed by the Chairperson and Vice
Chairperson of the National Governors' Association, with
the Chairperson and Vice Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political party, in consultation
with each other;
`(3) 4 Members of the Congress, of whom--
`(A) 1 member shall be appointed by the Majority Leader of the Senate
from among the Members of the Senate;
`(B) 1 member shall be appointed by the Minority Leader of the Senate
from among the Members of the Senate;
`(C) 1 member shall be appointed by the Majority Leader of the House
of Representatives from among the Members of the House of Representatives;
and
`(D) 1 member shall be appointed by the Minority Leader of the House
of Representatives from among the Members of the House of Representatives;
and
`(4) 4 members of State legislatures appointed by the President of the
National Conference of State Legislatures, of whom 2 shall be of the same
political party as the President of the United States.
`(c) SPECIAL APPOINTMENT RULES-
(1) IN GENERAL- The members appointed pursuant to subsection (b)(2)
shall be appointed as follows:
`(A) If the Chairperson of the National Governors' Association is from
the same political party as the President, the Chairperson shall appoint 3
individuals and the Vice Chairperson of such association shall appoint 5
individuals.
`(B) If the Chairperson of the National Governors' Association is not
from the same political party as the President, the Chairperson shall
appoint 5 individuals and the Vice Chairperson of such association shall
appoint 3 individuals.
`(3) REPRESENTATION- To the extent feasible, the membership of the Goals
Panel shall be geographically representative and reflect the racial, ethnic,
and gender diversity of the United States.
`(d) TERMS. The terms of service of members shall be as follows:
`(1) PRESIDENTIAL APPOINTEES- Members appointed under subsection (b)(1)
of this section shall serve at the pleasure of the President.
`(2) GOVERNORS- Members appointed under paragraph (2) of subsection (b)
of this section shall serve for 2-year terms, except that the initial
appointments under such paragraph shall be made to ensure staggered terms
with one-half of such members' terms concluding every 2 years.
`(3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS- Members appointed
under paragraphs (3) and (4) of subsection (b) shall serve for 2-year
terms.
`(e) VACANCIES- A vacancy on the Goals Panel shall not affect its powers,
but shall be filled in the same manner as the original appointment.
`(f) TRAVEL- Each member may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703 of title 5 of the
United States Code for each day the member is engaged in the performance of
duties for the Goals Panel away from the home or regular place of business of
the member.
(1) IN GENERAL. Subject to paragraph (3), the members shall select a
Chairperson from among themselves.
`(2) TERM- The Chairperson of the Goals Panel shall serve a 1-year
term.
`(3) POLITICAL AFFILIATION. The duties of the Chairperson shall
alternate between political parties.
`(h) CONFLICT OF INTEREST. A member of the Goals Panel who is an elected
official of a State that has developed content or student performance
standards may not participate in Goals Panel consideration of that State's
standards.
`(i) EX OFFICIO MEMBER- If the President has not appointed the Secretary
as 1 of the 2 members the President appoints pursuant to subsection (b)(1),
then the Secretary shall serve as a nonvoting ex officio member of the Goals
Panel.
`DUTIES
`SEC. 11303. (a) IN GENERAL- The Goals Panel shall--`(1) report to the
President, the Secretary, and the Congress regarding the progress the Nation
and the States are making toward achieving America's Education Goals
established under section 2 of this Act, including issuing an annual
report;
`(2) report on promising or effective actions being taken at the national,
State, and local levels, and in the public and private sectors, to achieve
America's Education Goals; and
`(3) help build a nationwide, bipartisan consensus for the reforms
necessary to achieve America's Education Goals.
(1) IN GENERAL. The Goals Panel shall annually prepare and submit to the
President, the
Secretary, the appropriate committees of Congress, and the Governor of each
State a report that shall--
`(A) report on the progress of the United States toward achieving
America's Education Goals; and
`(B) identify actions that should be taken by Federal, State, and
local governments to enhance progress toward achieving America's Education
Goals and to provide all students with a fair opportunity to
learn.
`(2) FORM; DATA- Reports under this subsection shall be presented in a
form, and include data, that is understandable to parents and the general
public.
`POWERS OF THE GOALS PANEL
`SEC. 11304. (a) HEARINGS-
`(1) IN GENERAL- The Goals Panel shall, for the purpose of carrying out
this part, conduct such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Goals Panel considers
appropriate.
`(2) REPRESENTATION- In carrying out this part, the Goals Panel shall
conduct hearings to receive reports, views, and analyses of a broad spectrum
of experts and the public on the establishment of voluntary national content
standards, voluntary national student performance standards, and State
assessments.
`(b) INFORMATION- The Goals Panel may secure directly from any department
or agency of the United States information necessary to enable the Goals Panel
to carry out this part. Upon request of the Chairperson of the Goals Panel,
the head of a department or agency shall furnish such information to the Goals
Panel to the extent permitted by law.
`(c) POSTAL SERVICES- The Goals Panel may use the United States mail in
the same manner, and under the same conditions, as other departments and
agencies of the United States.
`(d) USE OF FACILITIES- The Goals Panel may, with or without
reimbursement, and with the consent of any agency or instrumentality of the
United States, or of any State or political subdivision thereof, use the
research, equipment, services, and facilities of such agency, instrumentality,
State, or political subdivision, as the case may be.
`(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT-
`(1) IN GENERAL- The Secretary shall provide to the Goals Panel, on a
reimbursable basis, such administrative support services as the Goals Panel
may request.
`(2) CONTRACTS AND OTHER ARRANGEMENTS- The Secretary, to the extent
appropriate, and on a reimbursable basis, shall make contracts and other
arrangements that are requested by the Goals Panel to help it compile and
analyze data or carry out other functions necessary to the performance of
its responsibilities.
`(f) GIFTS- The Goals Panel may accept, administer, and utilize gifts or
donations of services, money, or property, whether real or personal, tangible
or intangible.
`ADMINISTRATIVE PROVISIONS
`SEC. 11305. (a) MEETINGS- The Goals Panel shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Goals Panel or a majority
of its members.
`(b) QUORUM- A majority of the members shall constitute a quorum for the
transaction of business.
`(c) VOTING AND FINAL DECISIONS-
`(1) VOTING- No individual may vote, or exercise any of the powers of a
member, by proxy.
`(2) FINAL DECISIONS- (A) In making final decisions of the Goals Panel
with respect to the exercise of its duties and powers, the Goals Panel shall
operate on the principle of consensus among the members of the Goals
Panel.
`(B) Except as otherwise provided in this part, if a vote of the
membership of the Goals Panel is required to reach a final decision with
respect to the exercise of its duties and powers, then such final decision
shall be made by a three-fourths vote of the members of the Goals Panel who
are present and voting.
`(d) PUBLIC ACCESS- The Goals Panel shall ensure public access to its
proceedings (other than proceedings, or portions of proceedings, relating to
internal personnel and management matters) and make available to the public,
at reasonable cost, transcripts of such proceedings.
`DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS
`SEC. 11306. (a) DIRECTOR- The Chairperson of the Goals Panel, without
regard to the provisions of title 5 of the United States Code relating to the
appointment and compensation of officers or employees of the United States,
shall appoint a Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
`(b) APPOINTMENT AND PAY OF EMPLOYEES-
`(1) IN GENERAL- (A) The Director may appoint not more than 4 additional
employees to serve as staff to the Goals Panel without regard to the
provisions of title 5 of the United
States Code governing appointments in the competitive service.
`(B) The employees appointed under subparagraph (A) may be paid without
regard to the provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay rates, but
shall not be paid a rate that exceeds the maximum rate of basic pay payable
for GS-15 of the General Schedule.
`(2) ADDITIONAL EMPLOYEES- The Director may appoint additional employees
to serve as staff to the Goals Panel in accordance with title 5 of the
United States Code.
`(c) FEDERAL EMPLOYEES- Any individual appointed to serve as the Director
of, or as staff to, the Goals Panel on or after March 31, 1994, is an
`employee' within the definition of section 2105 of title 5, United States
Code.
`(d) EXPERTS AND CONSULTANTS- The Goals Panel may procure temporary and
intermittent services of experts and consultants under section 3109(b) of
title 5 of the United States Code.
`(e) STAFF OF FEDERAL AGENCIES- Upon the request of the Goals Panel, the
head of any department or agency of the United States may detail any of the
personnel of such agency to the Goals Panel to assist the Goals Panel in its
duties under this part.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 11307. For purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for fiscal year 2001 and for
each of the four succeeding fiscal years.'.
REPEAL
SEC. 1113. Title XII of the ESEA is repealed.
TITLE XII--AMENDMENTS TO OTHER LAWS; REPEALS
Part A--Amendments to Other Laws
AMENDMENTS TO THE STEWART B. MCKINNEYHOMELESS ASSISTANCE ACT
SEC. 1201. (a) POLICY- Section 721(3) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.; hereinafter referred to in this
section as `the Act') is amended by striking out `should not be' and inserting
in lieu thereof `is not'.
(b) GRANTS TO STATES FOR STATE AND LOCAL ACTIVITIES- Section 722 of the
Act is amended--
(A) in paragraph (2)(A)--
(i) by inserting `and' before `the Commonwealth of'; and
(ii) by striking out `and Palau (until the effective date of the
Compact of Free Association with the Government of Palau),';
and
(i) by inserting `and' before `the Commonwealth of'; and
(ii) by striking out `, or Palau';
(2) in subsection (e), by adding at the end thereof the following new
paragraph:
`(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS- In providing a free,
appropriate public education to a homeless child or youth, no State
receiving funds under this subtitle shall segregate such child or youth,
either in a separate school, or in a separate program within a school, based
on such child or youth's status as homeless, except in accordance with
section 723(a)(2)(B)(ii).';
(A) by striking out paragraph (1);
(B) by amending paragraph (4) to read as follows:
`(4) collect and transmit to the Secretary, at such time and in such
manner as the Secretary may require, such information as the Secretary deems
necessary to assess the educational needs of homeless children and youth
within the State;';
(C) by amending paragraph (6) to read as follows:
`(6) in order to improve the provision of comprehensive education and
related services to homeless children and youth and their families,
coordinate and collaborate with--
`(A) educators, including child development and preschool program
personnel;
`(B) providers of services to homeless and runaway children and youth
and homeless families (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and homeless youth
centers, and transitional living programs for homeless youth);
`(C) local educational agency liaisons for homeless children and
youth; and
`(D) community organizations and groups representing homeless children
and youth and their families.'; and
(D) by redesignating paragraphs (2) through (6) as paragraphs (1)
through (5), respectively; and
(A) by amending paragraph (1)(H) to read as follows:
`(H) contain assurances that--
`(i) State and local educational agencies will adopt policies and
practices to ensure that homeless children and youth are not segregated
on the basis of their status as homeless or stigmatized; and
`(ii) local educational agencies in which homeless children and
youth reside or attend school will--
`(I) post public notice of the educational rights of such children
and youth where such children and youth receive services under this
Act (such as family shelters, and soup kitchens); and
`(II) designate an appropriate staff person, who may also be a
coordinator for other Federal programs, as a liaison for homeless
children and youth.';
(B) by amending paragraph (3)(B) to read as follows:
`(B) In determining the best interest of the child or youth under
subparagraph (A), the local educational agency shall--
`(i) to the extent feasible, keep a homeless child or youth in his
or her school of origin, except when doing so is contrary to the wishes
of his or her parent or guardian; and
`(ii) provide a written explanation to the homeless child or youth's
parent or guardian when the local educational agency sends such child or
youth to a school other than the school of origin or a school requested
by the parent or guardian.';
(C) by amending paragraph (6) to read as follows:
`(6) COORDINATION- (A) Each local educational agency serving homeless
children and youth that receives assistance under this subtitle shall
coordinate the provision of services under this part with local services
agencies and other agencies or programs providing services to homeless
children and youth and their families, including services and programs
funded under the Runaway and Homeless Youth Act.
`(B) Where applicable, each State and local educational agency that
receives assistance under this subtitle shall coordinate with State and
local housing agencies responsible for developing the comprehensive housing
affordability strategy described in section 105 of the Cranston-Gonzales
National Affordable Housing Act to minimize educational disruption for
children and youth who become homeless.
`(C) The coordination required in subparagraphs (A) and (B) shall be
designed to--
`(i) ensure that homeless children and youth have access to available
education and related support services; and
`(ii) raise the awareness of school personnel and service providers of
the effects of short-term stays in a shelter and other challenges
associated with homeless children and youth.';
(D) in paragraph (7)(A)--
(i) in the matter before clause (i), by striking out `local
educational agency that receives assistance under this subtitle shall
designate a homelessness liaison to ensure that' and inserting in lieu
thereof `local liaison for homeless children and youth, designated
pursuant to subsection (g)(1)(H)(ii)(II), shall ensure
that';
(ii) by amending clause (i) to read as follows:
`(i) homeless children and youth enroll in, and have a full and
equal opportunity to succeed in, schools of that agency;';
(iii) in clause (ii), by striking out the period at the end thereof
and inserting in lieu thereof a semicolon and `and';
(iv) by adding a new clause (iii) to read as follows:
`(iii) the parents or guardians of homeless children and youth are
informed of the education and related opportunities available to their
children and are provided with meaningful opportunities to participate
in the education of their children.'; and
(v) by adding a new subparagraph (C) to read as follows:
`(C) Local educational agency liaisons for homeless children and youth
shall, as a part of their duties, coordinate and collaborate with State
coordinators and community and school personnel responsible for the
provision of education and related services to homeless children and
youth.'; and
(E) by striking out paragraph (9).
(c) LOCAL EDUCATIONAL AGENCY GRANTS- Section 723 of the Act is
amended--
(1) by amending subsection (a)(2) to read as follows:
`(2) SERVICES- (A) Services under paragraph (1)--
`(i) may be provided through programs on school grounds or at other
facilities;
`(ii) shall, to the maximum extent practicable, be provided through
existing programs and mechanisms that integrate homeless individuals with
non-homeless individuals; and
`(iii) shall be designed to expand or improve services provided as
part of a school's regular academic program, but not replace that
program.
`(B) Where services under paragraph (1) are provided on school grounds,
schools--
`(i) may use funds under this Act to provide the same services to
other children and youth who are determined by the local educational
agency to be at risk of failing in, or dropping out of, schools, subject
to the requirements of clause (ii) as applied to such other children and
youth; and
`(ii) shall not provide services in settings within a school that
segregate homeless children and youths from other children and youths,
except as is necessary for short periods of time--
`(I) because of health and safety emergencies; or
`(II) to provide temporary, special, supplementary services to meet
the unique needs of homeless children and youth.'; and
(A) by redesignating paragraphs (1) through (4) as paragraphs (2)
through (5), respectively; and
(B) by adding a new paragraph (1) to read as follows:
`(1) an assessment of the educational and related needs of homeless
children and youth in their district (which may be undertaken as a part of
needs assessments for other disadvantaged groups);'; and
(A) by amending paragraph (1) to read as follows:
`(1) IN GENERAL- The State educational agency shall, in accordance with
the requirements of this subtitle and from amounts made available to it
under section 726, make competitive subgrants to local educational agencies
that submit applications under subsection (b). Such subgrants shall be
awarded on the basis of the need of such agencies for assistance under this
subtitle and the quality of the applications submitted.';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting immediately after paragraph (2) the following new
paragraph:
`(3) QUALITY- In determining the quality of applications under paragraph
(1), the State educational agency shall consider--
`(A) the applicant's needs assessment under subsection (b)(1) and the
likelihood that the program presented in the application will meet those
needs;
`(B) the types, intensity, and coordination of the services to be
provided under the program;
`(C) the involvement of parents or guardians;
`(D) the extent to which homeless children and youth will be
integrated within the regular education program;
`(E) the quality of the applicant's evaluation plan for the
program;
`(F) the extent to which services provided under this subtitle will be
coordinated with other available services; and
`(G) such other measures as the State educational agency deems
indicative of a high-quality program.'.
(d) COLLECTION AND DISSEMINATION OF INFORMATION; REPORT- Section 724 of
the Act is amended--
(1) by striking out subsection (f); and
(2) adding at the end thereof the following new subsections:
`(f) INFORMATION- (1) From funds appropriated under section 726, the
Secretary shall, either directly or through grants, contracts, or cooperative
agreements, periodically collect and disseminate data and information on:
`(A) the number and location of homeless children and youth;
`(B) the education and related services such children and youth
receive;
`(C) the extent to which such needs are being met; and
`(D) such other data and information as the Secretary deems necessary
and relevant to carry out this subtitle.
`(2) The Secretary shall coordinate such collection and dissemination with
the other agencies and entities that receive assistance and administer
programs under this subtitle.
`(g) REPORT- Not later than four years after the date of the enactment of
the Educational Excellence for All Children Act of 1999, the Secretary shall
prepare and submit to the President and appropriate committees of the
House of Representatives and the Senate a report on the status of education
of homeless youth and children, which may include information on--
`(1) the education of homeless children and youth; and
`(2) the actions of the Department and the effectiveness of the programs
supported under this subtitle.'.
(e) Section 726 of the Act is amended to read:
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 726. For the purpose of carrying out this subtitle, there are
authorized to be appropriated such sums as may be necessary for each of the
fiscal years 2001 through 2005.'.
AMENDMENTS TO OTHER LAWS
SEC. 1202. (a) PERKINS ACT- Section 116(a) of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2326(a)) is amended
by striking out paragraph (5).
(b) HIGHER EDUCATION ACT OF 1965- Section 317(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b)(10)) is amended by striking out
`9308' and inserting in lieu thereof `9306'.
(c) PRO-CHILDREN ACT OF 1994- The Pro-Children Act of 1994 (20 U.S.C. 6081
et seq.) is amended--
(A) by striking out `education'; and
(B) in subparagraph (A)(i), by striking out `or the Secretary of
Education'; and
(A) in subsection (a), by striking out `kindergarten, elementary, or
secondary education or'; and
(I) in the heading thereof, by striking out `KINDERGARTEN,
ELEMENTARY, OR SECONDARY EDUCATION OR'; and
(II) by striking out kindergarten, elementary, or secondary
education or'; and
(ii) in paragraph (3), by striking out `kindergarten, elementary, or
secondary education or'.
Part B--Repeals
REPEALS
SEC. 1211. (a) Title XIII of the ESEA is repealed.
(b) The Goals 2000: Educate America Act (Public Law 103-227) is
amended--
(1) by repealing titles I, II, III, IV, VII, and VIII; and
(2) in title X, by repealing part B.
(b) The Educational Research, Development, Dissemination, and Improvement
Act of 1994 (title IX of Public Law 103-227) is amended by repealing parts F,
G, and H.
(c) Title III of the Education for Economic Security Act (20 U.S.C 3901 et
seq.) is repealed.
END