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103D CoNGRESS }
2d Session
HOUSE OF REPRESENTATIVES
.{ ",. REPO~-------==
103-446
GOALS 2000: EDUCATE AMERICA ACT
MARCH 21. 1994.-Ordered to be printed
Mr. FORD of Michigan, from the committee of conference,
submitted the following
. CONFERENCE REPORT
'";'·.-'r,·
;',
(To accompany H.R. 1804)
The co~mittee' of conference on the disagreeing votes of the
two Houses on the amendment of the House to the amendment of
the Senate to the bill (H.R. 1804), to improve learning and ~aching
by providing a national framework for education reform; to promote
the research, consensus building, and systemic changes needed to
ensure equitable educational opportunities and high levels. of edu
cational achievement for all students; to provide a framework for
reauthorization of all Federal education programs; to promote the
development and adoption of a voluntary national system of skill
standards and certifications; and for other purposes, having met,
after full and free conference, have agreed to recomme.nd ·and do
recommend to their respective Houses as follows:'
That the Senate recede from .its disagreement to· the amend
ment of the House to the amendment of the Senate and agree to
the same with an amendment as follows:
In lieu of the matter proposed to he inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.-This Act (other than titles V and IX) may be
. cited as the "Goals 2000: Educate America Act".
(b) TABLE OF CONTENTS.-Thetable of contents is as follows:
Sec. I; Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definition.~.
TITLE I-NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
77-574
",._.,,,.
~
....,
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2
3
TI1'LE ll-·NATIONAL ElJl1C,tl'WN W.'FORM U';A/Jr:1I81fl/', S1'AN/JAlWS,
AN!) ASS!,:SSMENTS
!'MiT A·-·N,I1'ltI.VAI. EIIIJt:ATUI;\' GUM.S
:lot
20;1,
Sec. 204,
Sec. 20:'.
Sec, 206,
S<!c. 207,
.'i."',
flO/' Slwl't ,itl(',
8.,('. 50'.!. l'urjJost'
Se<', 50:1, J.:"I"blish",.,nl
N"ti",,,,l E.'dumt"'" Go"/s I',,"d,
/)IIli"$,
'
Powers of the Gval,~ Pand.
Administratil!e provisiol1.',
Director and staff: eXp"rls and Ctlll.'l.tltallts.
Earl,y childhood. ass.'ssml!"t,
PAR'!' 1J,--NAn()N.~/. EIJU' .....TWN STANIIAIWS ANt! IMI'RO\'I-:-.\fl-:S)'
Sec. 211, l'urposc,
Sec, 212. Nutiollal Edacation Standards and ["'prow,w'nt COUI/ci/,
•~..c,
8ec,
Sec,
Se,':
S"c.
CO/lNt:II.
2/5. POlwrs uf th., CIIIII/(:i/.
2 IIi. Pltbli"utioll for public comment.
2/7, Adm illistmlil '.. pm!'isions,
'~'·c. 2~1J.
uf Natiunal B,,(trt/,
8.,.:, !i04, /<',,,,('ti,,,,,, uf the National Boord,
SOS, Deadlillt's,
Se.-, /i06, Reports,
Set'. S07, Aathorizatiull af appropriatiofls,
SI!C, :'OH. f)cfillitioIlS,
SI!", 509, Sunset prot'isioll,
s.,,·.
¥13. Duties,
214. AllImal r''1wrt,;,
Sec, :!lH,
Sec, 219,
Sec, 220.
S,'c, '22/,
'40H, Authuri2ation of appru"riatiuIIS,
nnE V·-NATIONAL SKILL STANDARDS IWARD
PANf'I.
Se.-. :!Q I" I'u rpOSj',
.'i"t',
S..c,
S.·,·,
Director lind staff:' eXl,('rts and consultanls,
Opportilni/y,to·iRarn Del'clopnumt Grallt:
Assessment tlel'e/opmt?fl/ Gild eualuation Ifrtlllts.
E'mlllulil>ll.
I , .'C' L'
"
E ' .,
'1' , ,
•
AlI1 .- I-.Al)!RSIIII'IN J)lJ(,,,-I/ONAI. ,I-.I IINot.O(,Y
TITLE VI-INTERNATIONAL EDUCATION PROGRAM
SI!C, 601, Interflatjallal Edu('Qtioll Program.
TITLE VIl~<;AFr: SCHOOLS.
S,'C. 701, Short title; stat,'f)Jent of l'arpoSI!,
Sec, 702. Sufi' schools program aUlhori2ed.
Sec. 70:t, Eligible appliCtlnts,
8 ...:. 704. Appli..'utjolls amI plans.
Sec, 70.5. Use "ffuntls,
s.'c. 706. Nutiwwl "fli"ili,'s.
,,'
St''-. 707. National"'JOp"raliue ..tlucation statistiCS system.
Se(', 708. Reports.
,
Sa, 709. Coordinatioll of Federal assistance.
.
""'ec. 2. I:!, l:urpoSI's,
federal leUlwr.•h,p,
Src. 233, Of
lin' oj' ,'dumtiottal technology,
St'C, 2:14. U.",'S of(turd.,.
SC(', 236, Nun·redt'rat ,,/tare,
Se(', 23.S. Offi"e uf truining
TITl•• VIIl-MINORITY.FOCUSED CIVICS EDUCATION
F
.
, ' , .
Sf'/', lill:!, Grunts authori2ed; al.thuri2ation of approl'rlGtwns.
Sec, 241. Authorizatiun of appropriati'JIIs.
"
,
."I",', 80.5. Applicatiuns,
11
L
•
.. TL r..' IX- I >
L'DUCATIONAL RESEARCH AND IMPROVEMENT
S'-".
HOI. Short trlle.
.'I."" H02, Purp'>ses.
TITLE IlI-STATE' AND LOCAL EDUCATION SYSTf;MIC IMPROVEMENT
~ec
pr'indil/~s,
302
' ec. ' 0 1. urpost.
Sec. 303.. Authorization of appropriatwns.
,~ec. ~04., A,Uotment of f,,;nds.
.
Sec, 30.5, Slate appilco/UIIIS.
s.ec. ~06. s,tate imp!'ovement plans,.
,
s,ec. 307. s,ecrl:tarys revieW of applu:atwns; paymellls,
SI'C. 308, 8tate use of {t1l1<1.,.
Sec. 309. Suhgrants for local reform alld professional dRveiopment.
Sec. 310. Availabilil)' of information and training.
Sec, 312. Wail'<'rs 01 statutory and regulatory requirements.
Sec. 31 I. Prol(rcss reports.
Sec.
s,ec.
Sec.
Sec.
St:c.
Tt:chllical and other assistance regarding school fillllnce equity,
Nationa/leadership, ,
' "
ASSistance to the oatlYlng areas and to the Secretary of the InterIOr"
,
Clarificatioll regarding State standards and assessments,
.
State planning for improving stadRnt a("hieuement through integratwII of
' technology into the curriculum.
Sec. 318. Prohibition on FedRral mandates, direction, and control.
Sec. 319. State and local government control af educatiun.
31:1.
314:
315.
316.
317,
TITLA' IV-PARENTAL ASSISTANCE
Sec. 401. Parelllal informo.tion and resource centers.
~::::g~:tf::i~f'lJ::i.s:-'''':
Sec.
Sec.
Sec.
Sec.
404. Technical assistance.
405. Definitions,
406. Reports.
407, General provision.
.....~,~: ":'
-:'.
.'_C.':-
-
Se.., 9(11. Short title.
Sec, 902. FlIldlllI(S,
I'AlIT A---GI:Nf:HAJ. PROVtSIUNS RI:(;AlWINO VHMKN1'
THI-: 01-'1-'10; m' ElJI1CATIUNM. R/>:SI-:AACiI
!
, A N i ) MPHU •
S,'C. 9 Jl. ll"p"al.
'
~" 912 Of/icf' of Edllcatiollal Research and Impro/lement.
:'i~::: 913: Assistullt SI'Crt'tary for Educationa/ Research and improuf'mellt.
St'e, 914, S{wil/g~ provision,
Sec 91.5 Existinl( grants and ('ol/tracts.
•.
.
,
.. "
PART B-NATiUNAI. ElJIlCA1'1ONAl. R",·....MHCJl J>OLJ<. Y ANN PHWHllll-.S IJo.4.H/)
<"
9"1 E.t a bl' 'hI 11 ellt within Office of E(/ucational Research and improvelllent,
.x'C.
"'.
Ii
IS
,
.'
II/t'lIt,
PAm' C-NATWNAI. Rf;S~:A}{CIlINS'I'I1'IIT1-:S
' , h Orr. 0 f Ed uce: tiona! Research and Improl1e.
"Ice
'
SI".,. 9.11. Establishment WIt/lin t e
P....WI' D-NA1'/()NAI. f;nUCA'I'I(.jN DtSSI-:MINA'I'WN SYS'I'I-:M
S'T, 941. Establishment within Office of Educational R..search and Impr"'.>l/It'''t.
PART E'-NATmNAl. /.J1l1tAH}' O/>· EI)/iCATWN
SeC, 951. f..'stablishmcllt withill Office ,of Educatiunal Research and Improvement.
. j>AATF--:,s.f'.w SeH!)(H.':;
-=-.
St'c. 96/. Star schools,
PA1I1'-G-On'/CI: IW Ct)MPRI-:II~:N.'iN/>: SClwot. 1l1-:A1.TII EllfJCATION
Sec. 971. Office of Comprehensive School Heal/h Educatioll.
...........
�5
4
PIIHT H-FI~;w
REAm:RS
Sec. 981. Field readers.
PART I-AMf:N/}M~;NTS TO Till'; CARI_ D. Pf:RKINS VO€:ATWNAI.
lIN/) Al'l'UtW
Tf:CHNOUXi..,· /<;OUCAT/ON A •.'T
Sec. 991. National Occltpational Jnformation Coordmating Commillee.
TITLE X-MISCELLANEOUS
PART A-MISCf;lJ.AN~;(llIS PHOVISIONS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
lOll, S('hool pra.yer.
10 12. Funding for the Individuals u·ith Disabilities Educalion Act.
101:1. National Boord for professional leaching standards.
1014.. Forgilll'l/ess of certain oflerpaYlllents.
1015. Study ofgoals 2000 and students wilh disabilitirs.
1016. Amelldlllents 10 SUlllllwr youth employment and training program.
1017. Protl'dion uf pupils.
101H. Contraceptive devices.
.
S.~. UJl9. Assessments.
Sec. 1020. Pub/i<' schools.
Sec. U)21. Assessment of..ducational progress activities.
Sec. 1022. Sel/s" of the Congress.
PAHT B--GIIN·f·Hf:f: SCHOOl.';
&c. 1031. Short lit/c.
&c. lO:l2. CUI/Iree requirements in elementary ali<I secondary schools.
PAUT C-ENVII«INMf:N1'A1. TOIIM'CO SMOKf:
Sec.
Sec.
Sec.
Sec.
1041.
1042.
1043.
1044.
Short title.
Definiliolls.
N01lsmoking palicy for children's sallic"s.
Preemptioll.
PART D·-M/lJNW/lT RASKf:7'IIAl.I.
Lf:AI;m:
TIUlININ(; ANIlI'AHTNf:USlfl/'
S,'C. 1051. Short tit/e.
Sec. 1052. Grants for midnight basketball league trailling and partnershIp pro
graIns.
Sec. 1Or.:r Public housing mi,lnight basketball league pmJ:rams.
SEC. 2. PURPOSE.
supporting new initiatives at the federal, State, local,
and school levels to provide equal educational opportunity for
all students to meet high academic and occupational skill
standards alld to succeed in the world of emplayment and civic
participation;
(6) providing a framework for the reauthorization of all
Federal education programs by
. (A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content arid student perform
ance standards .and strategies that ali students. will be ex
pected to achieve;
(e) providing for the establishment of high quality,
internationally competitive opportunity-lo-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational
agencies and local educational agencies to develop com
prehensive improvement plans that will provide a coherent
framework for the implementation of reauthorized Federal
education and related programs in an integrated fashion
that effectively educates all children to prepare them to par
ticipatefully as workers, parents, and citizens;
.
(E) providing resources to help individual schools, in
cluding those serving students with high needs, develop
and implement comprehensive improvement plans; and
(F) promoting the use of technology to· enable all stu
dents to achieve the National Education Goals;
(7) stimulating the development and adoption of a vol·
untary national system of skill standards and certification to
serve as a cornerstone of the national strategy to enhance
workforce skills; and
(8) assisting every elementary and secondary school that re
ceives funds under this Act to actively involve parents and fam
ilies in supporting the academic work of their children at home
.and in providing parents with skills to advocate for their chil
dren at school.
The purpose of this Act is to provide a framework for mer.tillJ:.
the National Education Goals established by title I of this Ad by-
(1) pr01;wting coherent, nationwid(~, systemic education re
form;
~~
(2) improving the quality of learning and '('ueliiTl/.! in the
SEC. 3. DEFINITIONS.
classroom and in the workplace;
.
(a) TITLES I, II, III, AND X-As used in titles I, II, III, and X
(3) defining appropriate and coherent Federal, State. (ITld
of this Act.
local ·roles and responsibilities for.edUt:ation reform and life/on/.!
(J)the terms "all students" and "all children" mean stu
learning;
.
.
dents 'or children from a broad range of backgrounds and cir
(4) establishing ualid and reliable mechanisms for
cumstances, including disadvantaged students .and children,
fA) building a broad national consensus 011 AmericlllI
students or children with diverse racial, ethnic, and cultural
education reform;
backgrounds, American Indians, Alaska Natives, Native Ha
(B) assisting in the development and certification
waiians, students or children with disabilities, students or chil
high-quality, internationally competitive conteltt elml slu
dren with limited-English proficiency, school-aJ:ed students or
dent performance standards;
.
children who have dropped out of school, migratory students or
(e) assisting in .tIte development and certification of op
childrell. and academically talented students and children;
porttwity-to-learn standards; and
(2) the term "Bureau n, unless otherwise provided, means
(D) assisting in the delil'l()p'l!f~nt and cerli/ication of
the Bureau of Indian Affairs; .
high-quality assessment measun's that ref7ect the illter
(3) the terms "community", "public", and "advocacy group"
nationally competitive content alld student performance
include representatives of organizations advocating for the edu
standards;
or
."
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7
(3) the term "Secretary", unless otherwise provided, means
cation of American Imlian, Alaska Naliue, ami Native Hawai
the Secretary of Education
ian children aTIII Indian tribes;
(4) the terlll "content standards" means broud descriptions
TITLE I-NATIONAL EDUCATION GOALS
of the krwwledlI(' and skills students should (lCtluir.' ill a particular suhject area;
"
(5) the term "Gol/anor" flllfans the chief executive of the
SEC. 101. PURPOSE.
State; the terms ''locnl ed cat'
" T . ' h e purpose 0 f t h' tlt e tS to esta bl' h aattOna I Ed ucattOn
.. r '
'
(6)
I
" d "St t "d
tS 'I '
IS
, . "
U
LOna agency all
a e e /lGoals
catlOnal agency" have the meaning given such terllls ill section
.
1471 of the Elementary and Secondary Education Act of 19(;5;
SEC. 102. NATIONAL EDUCATION GOALS.
(7) the tam "opportunity-to-leam standards" meaus the cri-
The Congress declares that the National Education Goals are
teria for, and the basis 0(, assessing tize sufficiency or quality
the following:
,
of the resources, practices, and collditions necessary at each
,
(1) ~CH0t?L READINESS.-{A) By the year 2000, all chtldren
I~vel of the educatLOn system (schools, local eduwtiollai alIell tit Amenca wtll st~rt school :eady to learn.
ctes, and States) to proUlde all students with an opportunity to
(m T'.te obJec~LUes for ~hls goal are that-.
.'
learn tlie !fIatenal l1I 100luntary national content standards or
(l) all chtldren wtll have access to hlgh-quahty and de·
State content s t a n d a r d s ; ·
velopmentally appropriate preschool programs that help
(8) the term "outlying areas" means Guam, Americall
prepare children for school;
. .
Samoa, the Virgin Islands, the Commonwealth of the Northern
(ii) every parent in the United States will be a child's
Mariana Jsla~tds, Palau (unti! th(~ effective date of the Compm:t
firs,t teacher and c!evote time each day to ~elping such parof Free Assoctatwn wtth the Government of Palau), the Republic
ent s pres.chool chtld learn, and parents wlll have access to
o( the Marshall Islands, and the Federated States of MicrOllethe tr~~nml{and support parents need[ ';lnd
,
. "
sw;'
.
(m) chtldren wtll recewe the nutntlon, phYSICal actwlly
- - - -___ (9Ltb.e_t~R£rl2rm(mce standards" means concrete exall/'
experiences, and health care needed to arrive at school with
pies and explicit definitions of wJiat stuaents Ji7ifJinfrkfWI1rand
healthy minds and bodies, and to maintain the mental
be able to do to demonstrate that such students art! proficient
alifttness-necessary-to-be-prepared-to-lear.n,_and_the,~n=uT-m"'b""e:;r;--_ _~_
in the skills and knowledge framed by cOlltent standards;
of low-birthweight babies will be significantly reduced
(10) the term "re~ated services" has tlte same meaning given
through enhanced prenatal health systems.
.
such term under sect LOn 602 9f the Individuals with Disabilities
(2) SCHOOL COMPLETJON_-{A) By the year 2000, the hlgh
Education Act;
school graduation rate will increase to at least 90 percent.
(11) the terr~ "S~ate assessment" means measures of student
(B) The objective~ for this goal are that.
performance whICh mclude at least 1 instrument of evaluation,
(t) the Natton must dramatlcally reduce ltS school
and ,may mclude other measu,res of student performance, for a
dropol~t rate, and 75 percent of th~ students who do dr?p
speclfic purpose and use whtch are intended to evaluate the
out WIll successfully complete a hlgh school degree or ltS
p:og:ess of aU students in the State toward learning the mateequivc:.lent; and,
,
'
nalm State content standards in 1 or more subject areas;
(u) the gap m "hlgh school graduatIOn rates between
(12) the term "school" means a public school that is under
American students from minority backgrounds and their
the. authority of the State educational agency or a'local edunon,minority counterparts will be eliminated.
catLOnal agency or, for the purpose of carrying out section
(3) STUDf:NT AClIIEVEMl>'NT AND CI1'IZENSIIIP.-{A) By the
315(b), a school that is operated or funded by the Bureau;
year 2000, all students will leave grades 4, 8, and 12 haviilg
(13) the term "Secretary", unless otherwise provided meafls
demonstrated competency over challenging subject matter inthe Secretary of Education; a n d '
eluding English, mathematics, science, foreign languages, civics
(14) the term "State", u,nless otherwise provided, means
and govalwu!nt: econ.omics, arts, history, alld geography, ami
each of the 50 States, the Dtstnct of Columbia; the Commonevery school m Amenca wlll ensure that all students learn to
wealth of Puerto Rico. and each of the outlying areas.
use their minds well, so they may be prepared for responsible
__ .. _ (b)T~TLES N, V, VI, VII, VIII, AND IX.-For the purpose of ti.
citizen~htp, further learning, and productive employment in our
. - ties -N, V,VI, eVIl; VIII"and IX-:-_-.:.: _ . : : ' . _
_
Natton s modern economy.
, (1) except as provided in paragraph
and unless othir-::--c~.
:-.-(B).TIf£!.objectivesl?oltis g~Lare_th!!t~ . '
Wlse provlded, the terms used in such titles have the same
'
(l) the academlc performance of allstudentsat:theoele-,=.--:-.:=.---:.·
meanings given such terms in section 1471 of the Elementary
mentary and secondary ~eve{ wi!l increa~e s~gnificantly ~n
and Secondary Education Act of 1965;
every quart~le, a,!-d the d,stnbutLOn of.mmonty students m
,
(2) the term "Bureau", unless otherwise provided means
each quarttle wtll more closely reflect the student popu·
'the. Bureau of Indian Affairs; a n d '
lation as a whole; .
�8
(ii) the percentage of all students who demonstrate tlte
ability to reason, solve problems, apply knowLedJ.iI!, and
write and communicate effectivdy will increase substall'
tiaLly;
.
(iii) all studlmts will be invoilled in activities that pro·
mole and demonstrate good citizenship, good health, com
munity 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 t/zedi
verse cultural heritage of this Nation and about the world
community.
,.
.
'
(4) ,TEACHER EDUCATION AND PROI:?ESSIONAI. /)EVJ.:LOJ'·
MENT.-'·
'
(A) By the ,year 2000, the Nation's teaching force will
have' access to programs for the continued improvement of
their professional skills. and the opportunity to acquire tlw
.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 teach
er education and continuing professional·deveLcJJ)fnent
activities that will provide such teachers with the
knowledge and skills needed to teach to an increasingLy
diverse student popuLation with a variety of edu
cational. 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 ifUe
grated strategies to attract, recruit, prepare. rl'l ra in.
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 pos
sible, among local educationaL agencies, institutions of
/tigher education. parents. and Local labor, business,
and professional associations to provide and support
programs for: the professional development of edl~'
cators.
(5) MATIlEMATICS AND SCI/<':NCE,-{A) By the year 20()O,
Unite'd States students will be first in the world in mathematics
and science achievement.
(B) The objectives for this goal are thal- .
(i) mathematics and science education; includinM the
metric syste~l of meaSlln!ment, will be strl'TlMthened
throughout the system, espl~cially in the early grades;
(ii) the number of teachers with a substantive hack·
ground in mathematics and science, including the metric
system of measurement, will increase by 50 percent; and
9
(iii) the number of United States undergraduate and
graduate students, especially women and minorities. who
complete degrees in mathematics, science, and engineering
will illcrease significantly.
(6) AiJUI.T LlTERAc}' AND LIFELONG LEARNING.-{A) By the
year 2000, every adult American will be literate and will pos
sess the knowledge and skills necessary to compete iTt a global
economy and exercise the rights and responsibilities ol citizen
~~
.
The objectives for this goal-are that
(i) every major American business will be iallolved in
strengthening the connection between educatiiJU aTid work;
(ii) all workers will have the opportunity to acquire the
knowledMe (l1Id skills, from basic to highly technical; need
ed to adapt to emerging new technologies. work methods,
and markets through ·public and private educational, voca'
tional, technical, {i}orkplace. or other programs;
(iii) th(! number of lJuaLity programs.' including those at
liiJraries, that are designed to serve more effectively the
needs of the growing number of part-time and "iidcafeer
students will increase substantially;
(iu) the proportion of the qualified students. especially
minorities, who enter college, who complete a't least two,
years, and lvho complete their degree programs will in-,
crease ,substantially;·
(v) the proportion of college graduates'who deTllonstrate
an advaitced ability to, think critically. communicate -effec
til.eiy, and solve problems will increase substantially; and
(vi) schools, in implementing comprehensive parent in
volvement 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 DRlJG-/<'REE
SCJlOOL8.
(A) By the year 2000. every school in the' United, States
will bl! free of drugs; violence. and the unauthorized pres·
ence of firearms and alcohol and will offer a disciplined en·
lJironment conducive to learning.
(R)The objectives {or this goal are that:-
(i) every school will implement a firm and fair pol
icy on use, possession. and distribution of drugs and,
alcohol;
(ii) parents. businesses._ goverrzmental and commu·
nity organizations will work together to ensure the
rights of students to study in a safe and secure envi
ronment that is free of drugs and crime. and that
schools provide a heaLthy environment and are a safe
haven {tir 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 weap
ons;
(B)
�10
(iv) every local educational agem;y will develop a
sequential,
comprehensive kindergarten through
twelfth grade drug and alcohol preventioll education
program;.
.
.'
.
(v) drug and alcohol curriculum should be taught
as an integral part of sequential, comprehensive health
education;
.
(vi) community-based teams should be organized to
provide students and teachers with needed #>upport;
and
(vii) every school should work to eliminate sexual
harassment.
(8) PARENTAL PARTICIPA1'JON.
(A) By the year 2000, every school will promote part
nerships that will increase parental involvement and par
ticipation in promoting the social, emotional, and academic
growth of children_
(B) The objectives for this Goal are thatm every State will develop policies to assist local
schools and local educational agencies to establish pro
grams for increasing partnerships that respond to the
varying needs of parents and the home, including par
ellts of children who are disadvantaged or bilingual, or·
parents of children with disabilities;
(iO every school will actively engage parents and·
families_in_a.par.tner:ship.which.suppor.ts-the-academiG
work of children at home and shared educational deci
sionmaking 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 a.ccountability.
TITLE II-NATIONAL EDUCATION RE
FORM LEADERSHIP, STANDARDS, AND
ASSESS:MENTS
PART A-NATIONAL EDUCATION GOALS PANEL.
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan mecha
nism for
(1) building a national consensus for education improve
ment;
(2) reporting on progress toward achieving the National
Education Goals; and
(3) reviewing the voluntary national content standards, vol
untary na~ional_ s~u4e.nt ~r:forrnaneestaTJ.dards. and,.voluntary.
=-= naiionoloiJj:Joriunity-to-learn 'standaras certified -by the Na:
tional Education Standards and Improvemeflt Council: as well
as the criuria for the certification of such standards. and the
criteria for the certification of State assessments certified by the
National Education Standards and Improvement Council, with
11
the option of disapproving such standards and criteria not later
than 90 days after receipt from such Council.
.
SEC. 202. NATIONAl. EDUCATION GOALS PANEL'
(a) ESTABL/.SHMENT.-There is established in the executive
branch a National Education Goals Panel (hereafter in this title re
ferred to as the "Goals Panel'') to advise' the President, the Sec
retary, and the Congress.
.
(b) COMPOSITJON.-The Goals Panel shall be composed of 18
members (hereafter in this part referred to as "members''),
including
(lj 2 members appointed by the President; .
(2) 8 members who are Governors, 3 of whom shall be from
the same political party as the President and 5 of whom shall
be from the opposite political party of the President, appointed
by the. Chairperson and Vice Chairperson of the National Gov-·
ernors' Association, with the Chairperson and Vice Chairperson
each appointiflg 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 Lead
er of the Senate from among the Members of the Senate;
.
(B) 1 member shall be appointed by the Minority Lead
er of the Senate from among the Members of the Senate;
(C) 1 member shall be appointed by the Majority Lead
·------------er·o{-the-House-of-Representatives-from-among-the-Members·--~-
of the House of Representatives; and
.
(D) 1 member shall be appointed by the Minority Lead
er of the House of Representatives from among the Members
of the House of Representatives; and
.
(4) 4 members of State legislatures appointed by the Presi
dent of the Natiollal 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 sub
.
section (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors' Asso
ciation is from the same politicaL party as the President,
the Chairperson shall appoint 3 inditJiduals and the Vice
Chairperson of such association shall appoint 5 individ
uals.
(8) If the Chairperson of the National Governors' Asso·
ciation is {rom the opposite political party as the President,
the Chairperson shall appoint 5 individuals and the Vice
Chairperson of such association shall appoint 3 individ
uals.
(2) SPECIAl. RUI.E.-lf the National Governors' Association
.:::has._ appointed:-a:paneLthal:.c meets·.·the requirements,oFsub-- =';.:;.'-=
sections (b) alld (e), except for the requirements of paragraph (4)
of subsection (b), prior to the date of enactment of this Act, then
the members serving on such panel shall be deemed to be in
compliance with the provisions of such subsections and shall
not be required to be reappointed pursuant to such subsections.
�13
12
(3) REPRESENTATION.-To the extent feasible, the member
ship of the Gools 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 fol;
lows:
(1) PRESIDENTIAL APPOINTEES.~Members appointed under
subsection (b)(1) .shall-serve at the pleasure of the President.
(2) GOVERNORS.-Meinbers appointed under paragraph (2)
of subsection (b) shall serve for 2-year terms, except that the ini
tial appointments under such paragraph shall· be made to en-.
sure staggered terms with one-half of such members' terms can:'
cluding every 2 years.
.. ' (3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS.
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
.'
(e) DATE OF AppoiNTMENT.-.:..The initial members shall be ap
pointed not later than 60 days after the date of enactment 'of this
Act.
. "
'.
((J INITIATION.-The Goals Pane/may begin to carry out its du
ties. under this part whim 10 members of the Goals Panel have been'
appointed.. .
. .
' .
. (g) VACANCIES.-A vacancy on the Gools Panel shall not affect
the powers of the Goals Panel, but shall be filled in the same man: '
.. ner as the original.dppointment.
.
;.'
. .
. '. .
(h) TIl.t\vEL.-:-Each member may be allowed travel expenses, in·
cluding per 'diem in lieu of subsistence, as authorized by sectilin
5703 of title 5, United States Code~ for each day the member is 1'11
gaged in the performance of duties for the Goals Panel away from
the home or regular place o{business ofihe member.
(i) CIIAIRPERSON.-':"
'
(l)IN G/i:NERAL.-The members shall select· a Chairperson
from among the members.
(2) TERM'ANDPOUTICAL AFFILlATlON.-The Chairperson()f
the Goals Panel shall serve a I-year ter111 and sha'll alternate
between political parties:
"
_.
.
(j) CONf'DlCT OF INTEHEST.~A member of the Goals Panel u.ho
is an elected official of a State which has developed cOlltent, student
performance;'or opportunity-to-learn standards may !lot participate
in Goals Panel cOflhideration of such standards.
(kl Ex Of'nCIO MEMIWR.-I{ the Presidellt .has flot app()inted
the Secretary as 1 of the 2 members the Pn~sid{'tlt appoints pursuant,
to subsectic)fl (b)( I), then the Secretary shall serm! as a nOlllloting ex .
officio member. of the Goals Panel.
SEC. 203. DVTIBS.
.
(a) IN GENf:IiAI..-The GOllis J>anell>hall~
(1) report to the Presiflent, the Secrdary, ami the COllgresl>
rel:arding tlie pnigress the Natiof! artd tll/; 8taiel> are makilll:
toward achieving the' National Education Goals established
. unda title I of this Act, including iSiuiing aTl annual report;
(2) report on Stale opportltnity-to-Ieam stanciardl> ami
stratel:ies and the pnwress of States thai are'impll'mentiflR
such standards and stmtel:ies to help all st/ldentl> med State'
content standards and State student performance standards;
..
(3) submit to the President nominations for appointment to
the National Education Standards and Improvement CQuncil
in accordance with subsections (b) and (c) of section 212;
(4) after taking into consideration the public comments re
ceived pursuant to section 216 and not later than 90 days after
receipt, review the.,
(A) criteria developed by the National Education
Standards and Improvement Council for the certification of
State content standards, State student performance stand·
ards. State assessments, and State opportunity-to-learn
standards; and
' . .
(B) voluntary national content standards, voluntary.
national student performance standards and voluntary na
tional opportunity-Io-learn standards certified by the Na-'
tional Education·Standards and Improvement Council,
except that the Goals Panel shall have the option of disapprov
ing such criteria and standards by a two-thirds majority. v(}te ,
of the ·membership of the Goals Panel not later than 90. days
after receipt of such criteria and standards;
(5) report on promising or effective actions being taken at.
the national, State, and local levels, and in the public and pri
vate sectors, to achieve the National Education Goals; and
, (6) help build a nationwide, bipartisan consensus for the'
reforms necessary to achieve the National Education Goals.
.
(b) REPORT.
(1) IN GENERAL-'-The Goals Panel shall annually prepare
and submit .to the President, the Secretary. the appropriate com·
mittees of Congress, and the Governor of each State a report
that shall. .
..
(A) report on the progress of the United States toward
achieving the National Education Goals;
..
. .
(B) ide;ltify actions that should be taken bi Federal,
Staie, alld local I:overnments to enhance progress to'ward
achievinl: the National Education Goals and to prollide all
students with a fair opportunity-to-learn; and
(C) report on. State opportunity-to-learn standards and
strategies and the progn!ss of States that are implementing.
such standards and stratel:ies to help all students meet
State content standards and Stdte student performance
standards.
(2) FUJiM; lJATA.,-Reports shall be pr!!l>ented in a form, alld
include data, that is understcindable to parents and the general
public.
'
SBC. 204. POWERS Of' TilE GOALS PANEL.
led Hf:tV{}NOS,.
(J) IN (;J·:Nf.:RAI•. -The Goals Pallell>hall, for the IJUrpmi('o{
c(lrryinl: out this part, mf/dud sllch hearings, sit and act at
such times (111£1 places.. take sllch testimony, and receive such
I!videfl(·('. as the Goals Pand considers appropriate.
(2] !?J.:I'Rf:.'1f:NTJlTiON.-.[n carryinN olltthis part, the Goall>
Pallel I>hall conduct heari1lgs to receive reports. I'lews, ami
(lllal.Vlies of a broad spectrum of experts and the puhlic on the
establishment of {lOlllfltary lIatiof/al contellt standards. vol
untary national student performance I>tam/ards, 110illTlta r y lIa
�Itl
15
tiolla' oPIJOrtllll/ty-tld('arn stant/ards, and Statl! (lSSI'ssT/H'nls
cil'scrilwt/ ill slT/j,m :! l:ll/i_
(bi INfo'OUMt1'/'1ON. ,-TJw (;lIals IJund mlly SI'Clln' dm'l'lly /i'Ofli
lilly dl'jJ(/rtm,'nt IIr Ilgl'm-y III the Unill'd States in/l)rIlWlioll fWe
cs;-;ary to ella hie til .. (~()(/Is Paue! 10 carry out this part. Upon r('(/lIl'sl
0/ tlte C/Hllrpersoll 11/ Ihl', Goals HU/I'/. the head of CI cll'partllll'lIt or
IIgl'l/l:y shall furnish such informalilln to the Coals Pallel tu the ex
tent permitted hy law.
,
,
(e) POSTAL Sr:I{V{('J.:S.- The Goals Panel 1IIay lise the Ulllted
States mail in th.. same lIIaTUwr al/d under tile same cOl/ditions as
other departmellts lllld llgem:il'sof Ihl' Unitl'd State~.'
(d) lJ.<w OJ.' FACIUTlJ.:S.·--1'1w Goals Pallet lIlay. with ClIn:->t'nt of
any agency or instrumentality of the United Stutes. or of any Stale
. ur /lolitical slllJ(liuisiun thl'reo{, use the re,~(!(lrch. equipment. senJ
it:es, alld facilitit!s of slll.:h agf'llcy, instrumentality. State. ur subdivi
. :->1011. respedilJel,Y.
(e) A/)MINIS'f'l~t\TlVJ.: AHRANGJ.:MJ.;NTS ANli Slil'I'OUT.
)
(I) IN GJ.:Nj.;U/i/_-The Sl!ctetary shall pmvidl' tu tlie Gools
I auel. on 1I rl'imhursahle basis, such administrative :->upport
:->ervi('{'S as the Goals Panel may reqlwst.
(2) CONTRACTS .ANIi, O1'IIEI( MW.I\Nm:MJ.:N'r,'i.. --The Sec
rt'lafY, to the extent appropriate, and un a I'l'imlwI'sahh; hasis.
shall make COli tracts 1111(1 other arrallgl'ltH'lIts that are rl'qlll'.-;ted
by tlw Goals Punel to help the Goals Paw'l compill' and wwlyze
~_ _-----.:(~iala or carry.....!!!.'i other functiolls necessary to thl' /lerforl1la~/(:e
uf such respollsibilities.
----
L'C
S .. . 205. ADMINISTRATIVE PROVISIONS.
1" Goa I S ralle' I II' flied UII (/ n'guIhasls.
(a . " ,
) M L,vT1N("
,.":l.- Ile
Stu
ar '
as necessary ,~
at Ille "all,(){ the Ch alrperSOIl 0 f th e (' Is I)aliI''I or
.
loa
a majority of its members.
'
(h) Q'UOHUM
A ilia' 't {a
hi/I
.
.. Ijon y (). ll! litem ers s LU COl/stllute (I
quorum for the transactwn ofhuslIwss.
(e) VOTINO AN/) FINAL DJ.;c/SION _
'.
,..,...
. .
( J) ~OTIN(,.-lVO In<iwuiual . mayvut('. or exerCise allY of the
1)
pow~~~
l'I~AI,DEU8ION.'i.~)roxy.,
ml'l1I.b,er:by
. .
.
(A) In makmg I}nal deCISIOns of tlte Guals Pall!'1 Wltlt
r~spect tu Ihl' exercIse of Its. dU.'les alld po/Ilers Ihe Gou/s
I and shall operate Oft the.prmclple of cunsensils amoTlg tilt!
~nembers ,uf the Goals Pallel.
.
'.
.
(B) Except as ulherWlse prol'u/l'd III tillS part. If a Ilote
of the memhershlp of the Goals Pallel is rl'ljuirl'd 10 r(!ach
a final dl'l'lswn With respect. to the exercise
ils dlltit~s (II/(I
powers. Olen sitch final declstull shall he m(/(h~ by a three·
fourth~ /lotI' or. the members uf the Goals Panel who are
present alld votmg.
'
(qXJ?V.llUG: A~,:Cf::ss.:--.Th~-Gu.cil.'ieanelshall;:ellsure.::puhhcac,_:::=
cess to Itsproceedtng~ (oliler thall proceedings, or portions of pro.
ceedmgs, re/atmg to tnternal persunnel and management matters) ,
and make available to the public, at reasonable cost transcripts of
such proceedings.
'
w
or
SEC. 206. DIRECTOR AND STAFF; l!.'XPERTS AND CONSULTANTS.
(a) DIHHCTOH.-The Chairperson uf Ihe Goals Panel, withuut rt!·
gard to lite provisiuns of title 5, United States Cude. relating tu the
appoinlment and compensation of officers or employees of tlte Unit·
ed States. shall appoint a Director to be paid at a rate not to exceed
the rate of basic pay payahle for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.
(1), IN OENERAL.---{A) The Director may appoint not more
than 4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States Code,
governing appointments in the· competitive service.
(8) The employees appointed under subparagraph (A) riwy
be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification
and General Schedu~e pay rates, but .shall not be paid a rate
that exceeds the maxtmum rate of bastc pay payable for GS-15
of the General Schedule.
,
.. (2) ADDITIONAL EMPWYEES.-The Director may appoi'!t ad
dllwnal emploY,ees to se,:ve as staff to the Goals Panel m ac
cordanee wllh ttile 5, Untted States Code.
(c) EXPERTS AND Co.NSULTANT?-The Goals Panel may procure,
tempora,? and mtermtt~ent servt.ces of experts a,nd consultants
under sedton 3109(b) of tLlle 5, Untted States Code,
. (d) STAFF OF FEDERAL AOENCIES.-Upon the request of .the
Goals Panel, the. head of any department or agency of the Untled
States-lT)ay-c!etatLany-of-the-pe!so.nneLo(..such_agen.t;Y_t.Q....lhg Goa~l,,-s_ _ _ __
Panel to asslst the Goals Panel ,m lis dutles under thls part.
'
,
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
'G
'h G I P,
I h II
h
k f' ,
R (a) IN ENERAL.-~ Ie PIoa sane s a support t e wor d' lis
d T. h .
.
G
's~h 00l . R' 0
esource I!-n . ec n~ca
annmg
roup'~ on
" eamess
(hereafter tnthts sectwn referred to as the Groups:> to tmprove the
methods o{assessing the readiness of children for school that would
.
I h' h
,.
,
lead to alternatwes to currently used ear y c lid Dod assessments.
(b) ACTIVITIES.-The Groups shall- .
.
(1) develop a model of elements of schoal readiness that ad
dress a broad range of early ch~ldho?cJ de'!e.loP11l.ental needs, in
dudtng the needs ofchtldren wtth dtsahlittws;'
.,
(2) create dear guidelines regarding the nature, functions,
alld uses of early childhood assessments, inc/uding assessmellt
furmats that are appropriate for use in culturally and linguis.
lically diverse communities, based on model elements of school
readiness;
,
, .
(3) mOllitor and evaluate early childhood assessments, ili
duding the ahility of t{xisting assessme'lts to provide valid in
formation on the readilless of children for school; and
(4) monitor and report on the'lollg-term coliection of data
Oil the status of young children to improve policy 'and pr(l(:ti(:e,
_-=- __ .__ Jllduding, the Jleed for '?-~U!. §oYr:.ce~<!{Aa~f! !1*!Ci!SS~.ry to asse~
' --the br(iiid rail/leof earlji'i.:h'ildliooo developmentl}hweds-'- -- =--, __:-_:c:."
(d AVVICE.-The Groups shall adVIse and assIst the Congress,
the Secretary, the Goals Panel, ami ()thers regarding how to ill!
prO/Ie the assesl:iment of young children and how such assessments
can improve services to children.
�17
16
(ii) 1 shall be from the category described in clause
of subsection (c)(1)(A) .
. (B) The President shall appoint 12 individuals to the
Council, of whom-·
. .
(i) 4. individuals shall be from nominations re
PART B-NATIONAL EDUCATION STANDARDS
ceived (rom the Speaker of the House of Representa·
ANDIMPROVE~NTCOUNCIL
tives, of whom 1 individual shall be from each of the
categories described in clauses (i) through (iv) of sub·
section (c)( 1)(A);
SEC. 211. PURPOSE..
(ii) 4 individuals shall be from nominations reo
It is the purpose of this part to establish a T1U!chanism to
ceived from the Majority Leader of the Senate,. of whom
(1) . certify and periodically review voluntary national con·
1 individual shall be from each of the categories de·
tent standards and voluntary national student Performance
. scribed in clauses· (i) through (iv) of subsection
standards that define what all students should know and be
(c)(1)(A); and
.
able to do;
(iii) 4 individuals shall be from nominations re
(2) certify State. content. 'standards and State student per
ceived from the Goals Panel, of whom 1 individual
formance standards submitted by States on a 1J0luntary basis,
shall be from each of the categories described in
if such standards are comparable or higher in rigor and quality
clauses (i) through (iv) of subsection (c)(1)(A).
to the 'voluntary national content standards and voluntary na
(2) SPECIAL RULES.-From among nominations received
tional student performance standards certified by the National
pursllan{ to subparagraphs (A) and (8) of paragraph (1) the
Education Standards and Improvement Council;
President shall appoint to the Council
(3) certify and periodically review voluntary national op
.(A) 1 individual representative of post·secondary edu·
portunity-to-learn standards that describe the conditions of
cational institutions;
teaching and learning necessary for all students to have a fair
(B) 1 individual representative of organized labor; and
opportunity to achieve the knowledge and skills described in the
(C) 1 individual who is representative of business and
voluntary national content standards and the voluntary na
is a member of the National Skill Standards Board estab·
tional student performance standards certified by the National
lished under title V.
Education Standards and Improvement Council; .
(c) ApPOINTMENT RULES AND QUALIFICATIONS.
(4) certify opportunity-to-learn standards submitted by
.
(1) APPOINTMENT CATEGORIES.-(A) The members of the
States on a voluntary basis, if such standards are comparable
Council shall be appointed from among the following categories
or higher in rigor and quality to the voluntary national oppor
~~&~~~
..
.
tuni(y-to-learn standards certifieiJ by the National Education
(i) Professional educators, including elementary and
Stanc;iards ahd Improvement Council; and
I>econdary classroom teachers, preschool educators, related
(5) certify State assessments submitted by States or groups
services personnel, and other school-based professionals;·
of States on a voluntary basis, if such assessments-:
State or local educational agency administrators, and other
(A) are aligned with and support State content stand
educators.
ards cer.tified by such Council; and
. (ii) Representatives of business and industry, organized
(B) are valid, reliable, and consistent with relevant. na- .
labor, and postsecondary educational illstitutioTls.
tionally_ recognized. professional and technical standards
(iii) Representatives of the public, including representa
for asses~ment when used for their intended purposestives of advocacy, civil rights and disability groups, par·
ents, civic leaders, State or local education polieymakers
SEC.. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
(including members of State, locul, or tribal school boards).
.
COUNCIL.
(iv) Education experts, including experts in measure·
(a) ESTAlJUSHMENT_-There is established in the executive
ment and assessment, ·curriculum, school finance and eq·
branch a National Education Standards and Improvement Council
uity, and school reform.
(hereafter in this part referred to as the "Council").
(B)(i) Tlte Secretary shall nominate 21 individuals for
(b) COMPOSITION..
membership on the Council, of whom
(J) IN a'ENERAL.-The Council shall be composed of 19
.
(/) :1 individuals shall be nominated (rom the category
members (hereafter in this part referred to as "members") who
described in subparagraph (A)(i); and
shall be appoihted as follows:
(II) 6 individuals shall be nominated from each of the
(A) The President shall appoint 7 individuals to the
categories described in clauses (ii) through (iv) of subparti·
Council from among nominations received from the Sec
graph ( A ) . .
.
retary under subsection (c)( 1)(8)(i); of whom
(ii) The Speaker of the House of Representatives, in con·
(i) 2 shall be from each of the categories described
sultation with the Majority Leader and Minority Leadffr of the
in clause (i), (iii), or (iv) of subsection (c)( l)(A); and
(d) REPORT.-The Goals Panel shall provide reports on the
. work of the Groups to the appropriate committees of the Congress,
the Secretary, and the public.
(ii)
�18
House IIf Repres(,lltatil (!s. shall Ilominale 12 im/il1iduals /ilr,
mpllbersltip OTt the C()IIlH"il. of whom ."J indillidllals shall be
nominated from each of tlw categories described in clauses (i)
through (iv) of subparagraph (A).
(iii) The Majority Leader of Ihe Senate, in consultation
with the Minority Leader of the Semite. shall nominate 12 indi
viduals for membership on the Council, of UJhom 3 individuals
shall be nominated from each of the categories described ill
clauses (i) and (iv) of subparagraph (A).
(iv) The Goals Panel shall nominate 12 individuals for
membership on the Council, of whom 3 .individuals shall be
nominated from each of the categories described in clauses (i)
and (iv) of subparagraph (A),
,
(2) REPRESENTA'rION.-To ihe extent feasible, the member·
ship of the Council shall be geographically representative of the
United States and reflect the diversity of the United States with
regard to race, ethnicity. gender, and disability characteristics.
. (3) EXPERTISE OR BACKGROUND.-Not less than one-third of
the individuals nominated and appointed under subsection (b)
,shall have expertise or background in the educational needs of
children who are from low-income families, from minority back
grounds, have limited-English proficiency, or have disabilities.
(4) DIVISION BE1Wf;EN POLITICAL PARTIES.-To the extent
feasible, the individuals nominated and the .individuals ap
______pointed_to the Council shall be equally divided between the 2
major political parties.
(d) TERMS.-'.,
'
(1) IN GENERAL-Members shall be appointed for .1-year
terms, with ItO member serving more than 2 consecutive lerms.
(2) STAGGERING.--(A) The Council shall establish initial
termsfor members of I, 2, or 3 years in order to establish a ro
tation in which one-third of the members are selected each year.
(8) The Secretary shall determine, pursuant to a lottery,
which members serve terms of 1, 2, or 3 years under. subpara
graph (A).
(e) DATE OF ApPOINTMENT.-.:..-The initial members shall he ap·
pointed not later than 120 days after the date of enactment of this.
Act.
(/) INITIATION.-The Council shall begin 10 carry out Ihe duties
of the Council under this part when all 19 members have bl'en ap
pointed.
(g) RBTf:NTION.-ln order to retain an.appoinlment to'lIw CO/Ill
cil, a member shall attend at least two·thirds of the scheduled mec/·
ings of Ihe Council itt any given year.
(h) VACANCY.-A lIacancy OTI the Council shall not affect Ihe
powers of Ihe Council, but shall be fille(i in the same manner as the
original appointment.
.
,
- ,.'7'(i)-COMPI.:NSNI'ION.--Members of the ,Council :who:.ar:e" 1I!)~_-r:l'gu: ,
lar full· time clII/Jlo,Vees of the United States- may, while attending'
meelings or hearings of the Council, be provided compensation at (l
rate fixed by the Secretary, but not exceeding the maximum rate of
basic pay payable for GS-15 of the General Schedule.
. lj) CONFLICT OF '/NTf:REST..
J
19
(1) IN GENlalAL.-A member of till! Council may not concur
rently serve as II memb(~r of the Goals Palie/.·
.
(2) PIWIIWITJON.-A memher of Ihl~ Council who resides in
a State which has developed State COIl tent standards, Stale stu·
dent perjilrmance standards, State opportunity-to. learn stand
ards or State assessments that are submitted to the Coullcil for
certification may 1I0t participate in Council consideration of
such standards and assessments.
(:1) SPfXIAI, IWLES.--(A) Notwithstanding any other provi
sion of law, before an individual is appointed to the Council,
the official reswmsible for issuing waivers under section
208(b)(3) ()f title 18, United States Code, shall submit to the
Committee on Education and Labor of the House of Representa
tives and the Committee on Labor and Human Resources of the
Senate a copy of the waiver required by that section. Informa
tiolt contained in the waiver that would not otherwise be pub
licly available under section 208(d)(]) of title 18, United States
Codl', shall be provided to such committees, but shall he noted
as Iwnpublic in/c)rmation.
.'.
,
(B) The Counc,il shall develop, consistent with the provi
siuns of and regulations promulgated pursuant to section
208(b)(.1) of title 18, United States Code, and submit to the
Committe!' on Education and Labor of the House of Representa
tives and the Committee on Labor and Human Resources of the
Senate procedures governing the participation of members in
alLY matter that affects the financial interests of the members or
-----'-o{ a person or entity whose interests(Ire-imputed-to-the-member.
(h) TRAvEI,,-Eac/t member of the Council may be allowed trav
d expenses, ineluding per diem in lieu of subsistence, as authorized
by section 570:1 of title 5, United States Code, for each day the mem
her is engaged in the performance of duties away from the home or
regular place of business of the member.
(/) On'/Ch:lls.-The members of the Council shall select officers
from among its members. The officers of the Council shall serve for
one-year terms.
.
SEC. 213. DU1'IES.
(a) VfjUlNTARY NATIONAL CONTENT STANDARDS; VOLUNTARY
NATION,tL STUUlmT P/!.,'RFORMANCE STANDARJ)S.
(/J IN GENf:HAL.-'-The Council, which may consult with out
side experts, shall'
(A) identify areas in which voluntary national content
standards need to he developed;
, (B) certify voluntary national content standards and
voluntary national student performance' standards using
the criteria developed under paragraph (2)(A)(i), that define
what all students should know and be ahle to do;
([') forward such voluntary national content standards
and voluntary national student performance stanaards to
-the-'Goals' Panel Io~,--r:eviewi· _except .-t.hat~p!i!, .Qog{fJ. _paReL __ ,
.o;hall have the option of disapproving such standards by"a"- .
two·thirds majority vote of the full membership of the Goals
Panel not later than 90 days after receipt of such stand
, ards; and
�20
(D) develop a process for periodically reviewing any·
(Joluntary national content standards, voluntary national
student jJerformance standards, and 'voluntary "ational up-.
portunity-to-leam standards that have been eertifie(i,
(2) CllrrERIA.--{A) The Council, which may conslIlt with
outside experts, shall- , .
.
(i) identify and develop criteria to be used for certifying
the voluntary national content standards and voluntary na
tional student performance standards; and
(ii) before apply~ng such criteria, forward such criter.ia
to fhe Goals Panel for review, except that the Goals Panel
shall have the option of disapproving such criteria by a
two·thirds majority vote of the full membership of the Goals
Panel not later than 90 days after receipt of such criteria,
. (8) The criteria developed by the Council shall address-,
. . (i) the extent to' which the proposed standards are
internationally competitive and comparable to the best in
the w o r l d ; . .
.
. . (ii) the extent to which the proposed voluntary national
content standard!:i and voluntary national stud(mt perform
ance standards reflect the best available knowledge about
how all students learn and about how the content area can
be most effectively taught;
, ,(iii) the extent to which the proposed, volf,mtary na·
tional content standards and. .voluntary national student
performance standards have been developed through an
open and public pr.ocess thatprolJides for input and in
volvemerlt of all relevant parties, including teachers" relat
ed services personnel, and other professional educators, em
ployers and postsecondary education institutions, curricu
lum .and subject maiter specialists, parents, advocacy
groups, secondary school students, and the public; and
(iv) other factors that the Council deems appropriate:
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed, content
and student performance standards, and any other entities that
the Couricil deems appropriate, to identify appropriate certifi·
cation criteria.
(b) STATE CONTENT STANDARDS; STATE STUDE,NT PERFORM
ANCE STANDARDS._The Council may certify State content standards
and State studerit performance standards presented on a volul/tary
basis by a Statl! or group of States, UI:;iTl~ the criteria developl'd
under subsection (a)(2)(A)(i), if such standards are comparable or
higher in rigor an'd quality to the voluntary 'national content stand-.
ards and voluntary national student performance standards cer
tified by the Council.'
' . .
(c) VOLUNTARY' NATIONAL O/'PORTUNITY-TO-LEAIlN StANDARDS.'
(1) IN GENERAL.-The Council, which may consult with Ollt
side experts, shall certify exemplary, voluntary. national oppor·
tunity-to-learn standards that will establish a basis for prollid·
ing all students a fair opportunity to achieve the knowL('d~e aml
skills set out in the voluntary natjOllal content standards cer
tified'by the Council. In carrying 011/ the precedin~ sentence the
21
Council is authorized to consider proposals for voluntary na
tional opportunity·to~/earn standards from groups other than
groups that receive grants under section 219..
(2) ELEMENTS ADDRESSlw,-The voluntary national oppor
tunity-to.-learn standards certified by the' Council shall
address
(A) the quality and avail~bility to all students of cur
ricula. instructional materials, and technologies, including
distance learning;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area to all students;
(C) the extent to which teachers, principals, and ad
ministrators have ready and continuing access to profes
sional dellelopment, including .the best knowledge about
teaching, learning, and school improvement;
.
(D) the extent to wlI.ich curriculum. instructional prac
tices, and assessments are aligned to voluntary national
content standards;
(E) the extent to which school facilities provide a safe
. and secure environment. for learning and instruction and
have the requisite libraries, laboratOries, and other reo
sources necessary to provide an opport!mity-to-Iearn;
(ft') the extent to which schools utilize policies, curric
ula, and· instructional practices which ensure non
discrimination on the basis of ~ender; and
(G) other factors that the Council deems appropriate tv
ensure that. all students receive a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national stu
dent performance standards certified by the Council. .
'
(3) ADDITiONAL DUTIEs,-In carrying out this subsection,
the Council .';hall
.
(A) identify what vther countries with rigorous content
standards do. to-.
(i) provide their chihlren with opportunities tv
learn;
(ii) prepare their teachers; and '
(iii)- provide continuing prvfessional development
. .
o/Jportunities for tlteir teachers; and
(8) develop criteria to be uscd for certilying the ['01
untary national opportunity-to-learn standards and Slate
opportunity-tu-learn standards and:bef()re applying such
criteria, forward such criteria to the Goals Panel /(11' re
vil'w, except that tlte Goals Panel shall have the option of
disapproving such criteria by a two-thirds majority (mte' of
the full membership of the Goals Panel not later thun 90
days after receipt of such criteria,
(4) RECOMMENDATIONS ANI) COOIWINATION,-The Council
shall assist in thede('c/opment of the uoluntary nationaloppor
tunity-to-learn standards' developed by eaeh consortium uTider
section 219 by
�22
23
,
"
' (ii) such assessments will not be used to make decisions
,
(A) mc:kmg recommendat!olls to the Secretary regard
regarding graduation, grade promotion, or reterttion of stu
dents for a period of 5 years from the date of enactment of
tng prwrlt~es and se/eelLOn crlterw for each grant awarded
under sect LOll 219; and
this Act, and
, (B) coordinating with each consortium recewl1lg
(iii) the State has submitted to the Council
awards under section 219 to i!nsure that the opportunity~to·
(I) a description of the purposes for which the
learn standards the consarttum devel?ps are approprwte
State aSSessments have been designed;
(II) the methodologies and process used to develop,
for t~e need~ of all s~udents, are of hIgh qualtty, .and are
conslstent WIth the Crtterta developed by the CouncIL for the
select, validate, and use such State assessments;
.
certification of such standan!s,
(III) a copy of the test instrument, as appropriate;
(5) APPRovAL.-The CouncIL shall forward the voluntary
(N) a description of the other measures the State
national opportunity.to-l~arn standards the Council certifies to
will use to evaluate student performance; and
the Goals Panel for' rCVlew, except that the Goals Panel shall
(V) evidence that the test or tests which are part of
have the option of disapproving such standards by a two-thirds
the State assessments are valid, reliable measures of
majority vote of the full. membership of the Goals Panel not
their intended purposes, are aligned with the State
later. than 90 days after receipt of such standards.
content standards, are capable of assessing the'
(d) STATE OPPORTUNITY-TO-LEARN S1·ANDARDS.-The Council
progress of all students toward learning the material
may certify State opportunity-to-Iearn standards submitted volun
tn the State content standards, and are consistent with
tarily by a State, using the criteria developed under subsection
relevant nationally recognized professional and, tech·
(C)(3)(B), if·such standards are comparable or higher in rigor and
meal standD;rds.
,
quality to the voluntary national opportunity-to-learn standards.
(D) The Council, at the request of a State prior to the
(e) GENERAL PROVISION REGARDING VOLUNTARY Nil:nONAL
,
State's submission to the Council of a State assessment for a
proposed use, shall review and provide guidance to such State
STANVARDS,-The Council may certify volunlary national ('ontent
f!n a pro~sed package of measures, including tests that will be
standards, voluntary national student performance standards, and
_____ oluntaryjl.qtional opportunity-to-Iearn standards if such standards
v
tncluded tn such a system.
~rg.! CRITERIA.--{A) The Council shall develop and, not soan
are sufficiently general to be usecrby any StateiiJith'di2rrestricting
er than three ye~rs nor later tlia,n, our ye,ars, after-tlfe-date~of'-----State and local control of curriculum and prerogatives regarding in·
structioTlal methods to be employed,
'
enactment of thiS Act" begtn utllLZtng ,Crlterta for the certtfi
(() STATE ASSESSMI.;NTS,
catlOn of State assessmentsfor the purposes described in para
graph (1)(B),
"
"
.
,
'
(1) IN GENERAL.--{A) The Council may certify for a period
(B) EJ.efore UStng such crlterta, t~e Counctl shall forward
1I0t to exceed 5 years, State assessments that are submitted uol.
the crtlerta to the Goals F!anel fo~ reUlew" except that, the. Goals
untarily by a State, using the criteria developed under para
Panel ~hall ha!Jt! the optwn of d,sapprovmg such crtterlaby a
graph (2)(A), if such assessments are aligned with the Statp's
content standards certified by the Council,
two-thirds maJortty vote of the full ".,embershlp o.f t~e Goals
(B) State assessments shall be certified by the Council for
Panel not later than 90 days after receipt of such Crtterta,
the purposes of-
, ' (C) The certification, criteria ,developed by the Council shall
(i) informing students, parents, teachers, and related
address t~e exten~ to whlc.h the Stat~ aKsessments,',
services personnel about the progress of all students toward
(,) are aligned wtl~ a State s or a gr'!up of States State
the s t a n d a r d s ; ,
conte,!,~ standards certIfied by the Council; and, '
(ii) improving classroom instruction and improving the
,(lL) are to be used for '! Plfrf!ose, for which they ,!re
ualld, .reltable. and free of dlscrtmma,twn, and a~e consIst- '
learning outcomes for all students; ,
(iii) exemplifying for students parents unci teachers
ent w.,th relevant, natIOnally recogmzed professIOnal and
' d
d l
" h 'ld b
d
[Pchmcal standards for assessment.
'
that. s vu
(D) In det r ;n;ng
,
t ' r.
tIIe II
'f k 1ft sdan . eoels of achIevement'fi
' l t'
I 'd
fS e expecte
'd
, e m..
approprta te cert I'fi ca t"
Ion crl' erta ,or
o a. slu ents, tnC U( mg t Ie I entl IcatlOn () tate stu ellt
State assessments, the Council shall
perfor:mance s.tand~rds;
,'"
,
,
,
(i) cOllsider'standards and criteria being developed by
(IV) ,~ea~urtn~ and motwatlftg l~dwldLl;al students,
other nattonal organizations, research on assessment, and
schools, d,stncts, States, and the NattOn to Improve edu
emerging new State and local assessments'
.
"-:cattoTial perfor;mallce;.and- =_.0-':_,:'
_ ':..::.' ---::--C~7",-," :cc:::c- -:-_: ::, _:-
_JjP,!.e.(:_Q.~_mend needed research;
,
.
(U) asslstmg edllcatwn po!tcymakers tri makmg decl
(iiirencourage-the 'deiJeloprififitrand field -testingote
State assessments; and
'
stons, about educatIOn prol?r:ams"
(C) 1he Counctl shall certlty Stale assessments only If
(iu) provide a public forum for discussing, debating,
, (,) a State can demonstrate to the Council ,that all stu·
and building consensus for the criteria to be used for the
certification of State assessments.
dents have been prepared m the content for which such stu
dents are hemg assessed;
r
�24
25
SEC. 215. POWERS OF THE COUNCIL.
Prior to determining the certification criteria. the Coun
cil shall seek public comment regarding the proposed criteria.
(F) The Council shall certify State assessments only if sllch
assessments inelude all students and provide for the adapta·
tions and accommodations necessary to permit the participation
of all studlmls with diverse learning needs.
(g) PERJ.'OHMANCE OF Dfl'flES.-ln carrying out its responsibil
ities under this title. the Council shall
(1) provide for a process of broad public input as part of
the process of developing criteria for standards and aSSI.$S
menfs;
(2) work with Federal and non-Federal departmelliS, d.gl~fl
des, or organizations which are conducting rescareh. studies, or
demonst.ration projects to determine internationally competitive
standards and assessments, and may establish subject //latter
and other panels to advise the Council all particular culltellt.
student performance, and opportunity-to-learTl standards and
on State assessments;
,
.
(3) establish cooperative arrangements with till' National
Skill.Standards /Joard to promote the coordination of the del,e!
opme'nt of content and student performance standards wuler·
this title wi~h the development of skill standards under title V
of this Act;
(1) recolrimend studies to the Secretary that are nC('essary
to caIJry out the Council's responsibilities;
(.5) inform the public about what constitutes high I/lwlity.
internationally compditiue. content, studellt performance. and
opportunity·to-learn standards. and State assessments;.
.
(6) on a regular basis, review and update criteria for ('er
tifying contel/t. student performance, alld opportunity:to-learn
standards. and State assessments; alld
(7) periodically recertify. as appropriate, tllf' voluntary /La
tionat C()f~tent standards, the voluntary national student per
formance standards, and the lIoluntary national opportllTlity-to
learn standards and the State assessments that the Council cer
tifies under this section.
(E)
(h) SPf.XIAL RULES_
(1) UNCONDITIONED
STATE PARTICIPATION_-No State shall
be required -to obtain certification of standards or assessments
devf'loped uTlder subsection (b), (d), or ({J of this section or to
. participate in programs under title III of this Act. as a condi
tion of participating ill any Federal education program ul/der
this or an), other A c t _ ·
.
(2) CONSTRUCTION.-Nothing in this Act shall hj~ cOllstrued
to create a 1egally enforceable right for any pason against a
State, local educational age II cy, or school based on a standard
or assessment certified by the Councilor the criteria dCl>t'loped
by the COllI/cit for such certification.
.
SEC. 214. ANNUAL REPORTS.
Not later than one year after the date the Council (:ol/eludes its
first meeting. and in each sllcceeding year, the Council shall pre
pare alld submit a report to the President. the Secretary•. the appro
priate committl'l's of Congress, the Governor of each State, and the
Goals Pallel reF(ardillg its work.
(a) HEARINGS.
0) IN GENI-:RAL.-The Council shall, for the purpose of car
rying out its responsibilities, conduct such hearings, sit and aCt
at such times and places, take such testimony, and receive such
evidence, as the Council considers appropriate.
(2) LOCATION.-In carrying out this part, the Council shall
conduct public hearings indifferent geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the pub
lic on the establishment of voluntary national content stand
ards. voluntary national student performance standards, vol
untary national opportunity-to-learn standards, and State as
sessments described in section 213(/).
(b) INJ.'ORMATlON.-The Council may secure. directly from any
.department or agency of the United States information necessary to
enable the Council to carry out this part. Upon request of the Chair
person of the Council, the head of such department or agency shall
furnish such information to the Council to the extent permitted by
law.
(c) POSTAL SERVICES.-The Council may use the United Stales
mail in the same manner and under the same conditions as ather
departments and agencies of the United States.
. (d) USE OF FACILITIES.-The Council may use the research,
equipment, services, and facilities of any department, agency, or in
strumentality of the United States, or of any State or. pOlitical sub
division thereof with the consent of such department, agency, instru
mentality, State or subdivision, respectively.
(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.
0) IN GENERAL.-The Secretary shall provide to the Coun
cil, on a reimbursable basis, sllch administrative support serv
.
ices as the Council may request.
(2)' CONTRACTS AND OTliER ARRANGEMENTS.-The Sec
retary, to the extent appropriate and on a reimbursable basis,
shall enter into contracts and other arrangements that are re
quested by the Council to help the Council compile and analyze
data or carry out other fund ions necessary to the performance
of the Council's responsibilities.
SEC. 216. PUBLICATION FOR PUBLIC COMMENT.
(a) TRANSMITTAL.-For the purpose of obtaining public com
ment ·tlzrough publication in the Federal Register, the Council shall
transmit to the. Secretary-.
(1) proposed criteria for certifying voluntary national con
tent standards, voluntary national student performance stand
ards, and State content, standards and State performance
standards;
(2) proposed criteria for certifying voluntary national op
portunity-to-learn standards and State opportunity-to-learn.
standards;
(3) proposed criteria for certifying State assessments; and
(4) proposed· voluntary national content standards, vol
untary national student performance standards, and voluntary
uational opportunity-to·learn standards.
�26
(b) PlWUCATION.-l'he Secretary shall publish such proposed
procedures, stafl(/c.irds, und criteria ill the Federal Register.
SEC. 217. ADMlNISTRA'I'IVE I'ROVIS/ONS.
(a) MEETINGS.-'Phe Council shall meet 0(1 (J regular basis, Wi
necessary at the call of the Chairperson of the Council, or a majority of its :nembers.
(b) QUOHUM.-A majority of the members shall constitute a
quorum for the transaction of business.
.
(c) VOTING.-The Council shall take all action of the Council by
a majority vote of the total membership of the Council, ensuring the
. right of tke minority to issue written views. No individual may vote
or exercise any of the powers of a member by proxy.
(d) PUBLIC ACCESS.-The Council shall ensure public access to
its proceedings (other than proceedings, or portions of proceedings.
relating to internal personnel and management matters) and make
available to the public, at reasonable cost, transcripts of such proceedings.
SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
. (a) DIRECTOH.-The Chairperson ol the Council shall, without
regard to the provisions oj'title 5, United States Code, relating to
the appointment and compensation ololfi.cers or employees of theUnited States, appomt a Dlrector to be patd at a rate not to exceed
the rate of basic pay payable lor level V of the Executive Schedule.
APPOINTMENT AND PAY OF EMPLOYI£ES.------(.l-)-IN-GENERAL.=fA)_The_Dit:ecto~mJ!y.JJf!Roillt not more
titan four additional employees to serve as staff to theCouncil
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may
be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates, but shall not be paid a rate
that exceeds the maximum rate ol basic pay payable for GS-J5
of the General Schedule.
.. (2) ADDITIONAL EMPLOYEES.-The Director, ma'y.appoi1~t ad·
dawnal employees to serve as stafl of the COllf/cll eonslstent
with title 5, United States Code,
.'
(c) EXPERTS ANI) CONSU/.TANTS.-Tlte COlmcLi may procure
temporary and intermittent services under section 30J9(b) of title 5;
United Stater; Code.
..
.
(d~ STAFF OJ? FEDERAL AGENCIEs.-Upon the rel/U(~st or the
CounCil, t,he head of any department or agency of the Umted States
may df!taLl an:;: of the personnel ~}fsuch: department or agency to the
Council to ass!st the CounCil In LtS duties under tlus part.
SEC. 219, OPPORTUNITY·TO· LEARN DEVELUPMENT GRANT.
(a) (jPPOHTUNITY·TO-LEAHN DEVEUJPMb.'NT GRANT..
. ' (1) IN Gf.:NERAI,,-The Secretary is authorized to (lward
:0 =-TiZore-thiiii-:oii;rgrlilit. tin d"competitive .basis,·to consortiao{- ill";-::::.c
dividuals and organizations to develop voluntary natiollal IIpportunity-to-learn standards consistent with the pnllIisioflS of
section 2J3(c). and to develop a listing of model programs for
use, on a voluntary basis, by States, which standards and listing may be used to:-
27
rA} provide all students with all opportunity til learll,
(ll)
assess the calJacity and per/tJrmallce of' individual
(e, develop t~ppropri(ltt! adiwls til bl' talwn in the ellent
that ti,,! sdwols/atl to adueue sllch standards.
.
(2) COMPUSJ'lWN .oF CONSOHTIA--:-l'o ~he extent possible,
each cOTtSortH~m sltalltfll:lude the partlclpatwll of-
. (A) State·level poltcymakers, ,'wclt as Governors, State
leM/slalors, {"hwf State school officers, alld State school
board members;
(B) local policymakers and admillistrators, such. as
local selwol boC/rd members, superintendents, .and prill
cipais;
(C) te(!{"hers(especially teachers involved in. the deuel
opment ol eOlltent standards) and related services person-
lid;
.~.
C.·C
(D) parents and individuals with experience ill promotiT/g parental involvement in education;
(E) reprt'se/~tatives ol business;.
.
rF! experts l/I v~atlOnal·t~cll meal edu.cl!-tlOn;
..
rG) ,:epl:esel/tatwe~ of regw1.wl .accredltmg assocwtwlIs;
. (III U/dlUtdl~als With e.xpertlse III school finance and eq
lilly, the educatlon of at-risk students, alld the prepara.tw11
and trainillg of teachers alld school administrators;
OJ eurriculum and school re/imll experts;
("iIJ-representatives-of-advocacy-groups,-includi1/g_stu.~-______
dent and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary se/wol students.
(:JJ Dll1'lES OF CONSOH1'/A.--In developing voluntary na- .
tiollal opportllnity-to-Iearn standards, each consortium sltall
(A) draw upon cl!-rrent research about student achievemeni and the necessary conditions lor effective teaching
and learning; and
. '
.
(B) provide /ilr the development of mort! titan mtc draft
of standards which incorporate tlte comments and rec.
ommendatiotis ol educators and otlterknowledgeable indi
vid/wls across tlte Nation.
(4) EXPJ.:UTISE OU BACKGHOUND,-,-One-third of the members
of em'" consortiulII shall consist of individuals with expertise or
background in the educational needs and assessment ol chil-
dren who are from low·income families, are from minority back-
grounds, have limited-English proficiency, or have disabilities.
(5) GI£OWlAPIIIC Rf.;PRJ.;SENTATION.-The membership of
each consortium shall be geographically representative and re
,fleet the racial, ethnic, and gender diversity of tlte United
Slates.
(bJ A/~PLlCATIONS.-::-:- ___.._..~..
_ ... .. _ __
(J) GliANTSFOIi"C;ONSORTIUM......:.Eaeh·consoitiuln. 'thaT de
sires to rect'ive a grant under this subsection shall submit an
application to tlte Secretary at such time, in such manner, and
contailling such inlormation and assurances as the Secretary
may require.
�28
(2) AWARD CONSIDJ.:RATION.-In establishing iulditional pri.
orities and selection criteria fi)'r awarding more than one granl.
the Secretary shall give serious consideration to the n~c.
ommendations made by the Council pursuant to section
213( c)(4)(A).
, (c) REPORT.-A{ter the devl'lopment of the voluntary national
opportunity·to·learn standards. each consortium receiving assist
ance under this section shall submit a report to the Secretary which
discusses the background, important issues. and rationale regarding
such standards.
SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.
(a) GRANTS AUT/IORIZED.
(1) IN GENERAL.-The Secretary is authorized to make
grants to State and local educational agencies or consortia of
sitch agencies to help defray the cost of developing, field testing.
and evaluating State assessments to be' used for some or all of
the purposes indicated in section, 213(f)(1)(B), that are aligned
to State content standards certified by the Council.
(2) RESERVATION.-The Secretary shall reserve a portion of
the funds authorized under section 24J(d) for grants to State
educational agencies and local educational agencies for pur.
poses of developing such assessments in languages other than
English and for students with disabilities.
(b) ApPLlCATIONS.-Each State or local educational agency. or
consortium, that desires to receive a grant under subsection (a)( 1)
shall submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
(c) REQUlREMENTS.
(1) IN GENERAL.-'-A recipient of a grant under this section
shall.
(A) examine the validity and reliability of the Stale as
sessment for the particular purposes for which such assess
ment was developed;
(B) ensure that the State assessment is consistent with
relevant~. nationally recognized professional and technical
standards for assessments; and
(C) devote special attention to how a State assessment
treats all students, especially with regard to the race, gen
der, ethnicity, disability, and language proficiency of such
students.
(2) USE.-A State assessment devdoped and efJaluat('d with
funds. under this section may not be used for decisions about in
dividual students relating to program placement, promotioft. or
rete,ition, graduation, or employment for a period of 5 years
from the date of enactment of this Act.
.
SEC. 221. EVALUATION:
(a) GU.ANT.-"'rom funds reserved under section 304(a)(2}(C).
the Secretary shall make a grant, 'in an amouTlt not to exceed
$500.000, to the National Academy of Sciences or the National
Academy of Education to
( 1) evaluate
29
(A) the technical quality of the work performed by the
Gools Panel and the Council;
rB) the process the Council uses to develop criteria for
certification of standards and assessments;'
(C) the process the Council uses to certify voluntary na
tional standards as well as standards and assessments 'vol
untarily submitted by States; and
(D) the process the Gools Panel uses to approve certifi
cation criteria and voluntary national standards;
.
(2) periodically provide to the Gools Panel and the Council,
as appropriate, information {rom the evaluation under para
graph (1); and
.
,
(.'1) report on the activities authorized under sections 219
and 220.
(b)' REPURT.-The recipient of a grant under this section shall
submit a final report to the Congress, the Secretary, and the public
regarding the activities assisted under this section not later than
January I, 1998.
PART C-LEADERSHIP IN EDUCATIONAL
TECHNOLOGY
.
SEC.
231. PURPOSES.
It is th(~ purpose of .his part to promote achievement of the Na
tional Education Goals and.
( J) to provide leadership at the Federal level, through the
DepartmeTlt of Education, by developing a national vision and
strategy
(A) to infuse technology and technology planning into
all educational programs and training functions carried
out within school systems at the State and local level;
(8) to' coordinate educational technology activities
among the related FederalandState departments or agen
cies, industry leaders. and interested educational and pa
rental organizations;
(C) to establish working guidelines to ensure maximum
interoperability nationwide and ease of access for the
('merging t(~cJmol()gies so that no school system will be ex
cluded from the technological revolution; and
(I)) to ensure that Federal techuology-related policies
and programs facilitate the use of technology in education;
(2) to phmwte awareness of the pot(,fltial of technology for,
improving tcaching arid learning;
. (3) to support State and local efforts to increase the effective
/lse of technology for education;
(4) to demonstrate ways in which technology caTl be IIsed to
impnl1.e teaching and learning, and to help ensure that all stu
dents have an equal opportunity to meet State education stand
ards;
(5) to ensure the availability and dissemination of knowl
edge (drawn from research and, experience) that can form the
basis for sound State aud local decisions about investment in,
and effective Itses of, educational technology;
�.'
30
31
(6) to promote high-tluality professional deuelopment oppor
tunities for teachers and administrators regarding the integra·
lion of technology into instT:uction and administratioll; ,
(7) to promote the effective, uses of te('hnology in existing
Federal education programs, such as chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 and voca
tional education programs; and
(8) to monitor, advancements in technology to encourage the
development of effective educational uses of technology.
SEC. 232_ FEDERAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.
(1) IN GENERAL.-In order to provide Federal leadership
that promotes higher student achievement through the use of
technology iTl education and to achieve the purposes of this
part, the Secretary, in consultation with the Office of Science
and Technology Policy the National Science Foundation the
Department of 90mme~ce, the Department of Energy. the' Na
tiona I Aeronautics and Space Administration, and other appro
priate Federal departments or agencies, may carry out activities
designed to achieve the purposes of this p a r t . '
(2) TRANSFER OF f.·uNDs.-For the purpose of carrying out
coordinated or joint activities to achieve the purposes of this
part, the Secretary may accept funds from other Federal depart
ments or agencies.
_(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.~
(1FINGJ..:NERAL.-ThTSecretary sliallaevelop anapulilisli
within 12 months of the date of enactment of this Act, and up
date when the Secretary determines appropriate, a national
10nQ-range plan that supports the overall national technology
poltcy and carries out the purposes of this part.
(2) PLAN REQUIREMENTs.-The Secretary shall
, _ (A) develop the national long-range piau in consulta
tlOn wtth ot~er Feder,!l departments or agencies, State and
local educatwn practttlOners and policymakers, experts in
technology and the educational applications of technology,
rl}presentatwes of dl!"tunce learmng co.nsortLa,. r.epresenta
twes of telecommumcatlOns partnerships ~ecewtng asstst
ance. under the Star Schools Program AssLstance Act, and
prOVIders of tec~nology serVIces and products;
(~) transml! such plan to the PreSident and to the ap
proprwte cOT~mLttees of the ~ongress; aTLd.
.
. (C) publtsh ,such plan tTl a form that LS readLly acC'esSible to the pubhc.
' ,
(3) CO,,!TENTS OF TilE pf;AN.-:~he national long-range plan
shall descrt~ the $ecretary s actLvLlles to promote the purposes
of thts part. lncillciulg
(A) how the Secretary will encourage the effectiue lise
of t~ch'lOlogy to provide ali stucients ,the opport uni.ty to
'adilevi! State conteritstanddrds-and-Statestlideritperf6friF.
ance standards. especially through programs administered
by tlte Department of Education;
.
(B) joini activities in support of the overall national
technology policy with other Federal departments or agen
cies, such as the Office of Science and Technology Policy,
the National Endowment for the Humanities. the National
Endowment for the Arts, the National Aeronautics and
Space Administration, the National Science Foundation,
and the Departments of Commerce, En..rgy, Health and
Human Services. and Labor-:
,
(i) to promote the use of technology in ,education,
and training and lifelong learning, including plans for
the educational uses of a national information infra
structure; and
(ii) to ensure that the policies and programs of
such departments or agencies facilitate the use of tl}ch
nology for educatwnal p,!-rposes, to. the extent feastble;
' (C) how the Secretary lJ.!1l1 work wtth e<!ucators, State
a.nd local educatwnal agenctes, a,,;d approprtate n:presenta
tLves of the. prwate ~ector to facLiLtate the effectwe use of
technology m educatwn;
(D) how the Secretl!-ry ,will promote
,
(t) ~lgher achteveme,,;t of all stu~ents through the
mtegr,att,}n of technology mto the currLculum;
(u) L~creased acce~s to, the benefits of tec!mology
for teac,hmg and learmng for schools wLth a htgh con
centratwn of chLldren from low-income families;
(iii) the w;e of technology to assist in the imple
mentation of State systemic reform strategies;
(iv) the application of technological- advances, to
use-in-education;-and..
'
'
(v) increased oppartunities for the professional de
velopment of teachers in the use of new technologies;
(E) how the Secretary will determine, in consultation
with appropriate individuals, organizations, industries,
and agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and effec
tive use of technology in education;
(fj how the Secretary will utilize the outcome of the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act (0 promote the purposes of
this part; and
(G) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
((') AsSISTANCE.-The Secretary shall provide assistance to the
Stales to eltable such States to plan effectively for the use of techTwlogy in all schools throughout the State in accordance with the
purpose and requirements of section 317.
SEC. 233. OFFICE OF EDUCATIONAL TECHNOLOGY:
_ '
.
,
(a) ~ENDM.ENT TO THE DEPARTMENT OF EDUpATION 0l!GAN1
ZATION ACT.-T~tle 11 of the ~epartment of EducO:twn OrgamzatlOn
Act (20 U.S.C_ .1411 ~t seq.) IS amended by addtTlg at thee..nd the
Ioll<!l.}Jt~g.._n_f!UJ. st!ctwn.._
c'-:
-, c:-------
"OFFICE OF EDUCATIONAL TECHNOWGY
,
"SEC. 216. (a) There shall be in the ,Department of Education
an Office of Edlj-CGtior;a./ Technolopy' (hereafter in t~is se{::tion re
ferred to as the Office'), to be admtTllstered by the DLrector of Edu
�. 32
33
cational Technology. The. Director of Educational Techn.ology shall
report directly to the Secretary and shall perform such additional
functions as the Secretary may prescribe.
.
"(b) The Director of the Office of .Educational Technology (here
after in this section referred to as the 'Director'), through the Office,
shall
"(1) in' support of the overall national technology policy and
I
in consultation with other Pederal departments or agencies
which the Director determines appropriate, provide leadership
to the Nation in the use of technology to promote achiet>cment .
of the National Edu('ation GoaLs and to increase opportunities
for all students to achieve State content and challenging State
student performance standards;
"(2) review all programs and training functioTls adminis·
tered by the Department and recommend poLicies in order to
. promote increased' use ofteehnology and technology planning
. throughout all such programs and funetioTls;.,
.
"(3) review all relevant programs supported by the Depart
ment to ensure that such programs are coordinated with and
support the national long-range tc:chrlOlogy plan 'developed pur·
suant to section 232(b) o{the Goals 2000: Educate America Act;
und
. .
"(4) perform such additionaL funUions as the Secretary may
require.'
' .
.
U(c) The Director is authorized to select, appoint, and empLoy
such officers and employees as may be necessary to carry out the
functions of the Office, subject to the provisions of title 5, United
States Code (governing appointments in. the competitive. ser/liee),
and the provisions of chapter 51 and subchapter III of chapter 53
of such title (reLating. to classification and General Sehedule pay'
rates).
' .
. .
. "(d) The Secretary may obtain the services of experts and con
sultants in accordance with section 3109 of title 5, United States
Code....
.
.
(b) COMPENSATION OF THE DInECTOR.-Section 5315 of title 5,
United States Code, is amended by adding at the end the following:
"DireCtor' of the Office of Educatioltal Technology. ".
SEC. 234. USEt(OF FUNDS.
(aj'IN GENERA1;::-The Secretary shall use funds appropriated
pursuant to the authority of section 24 Ud) for activities designed to
carry out the purpose of this part, including
, (1)proiJiding assistance to technical. assista m:e providers to
enable such 'providers to 'improve substantially the services such
providers offer to educators regarding the educational ILses of'
technology, including professional development;
. (2) consulting with representatives of industry, 'elementary
and secondary education, higher education, and appropriate ex
perts in technology and the educational tipplicati(Jns of tech
,/Ology, in carrying Qut the actiiJities assisted wider this part;
. . ' (3) research 'on, and the developrnent of, guidelines to facili
tate maximum interoperability, effiCiency and easy exchange .of
data for effective use of technology in education;
(4) research on, and the development of, educational appli
pat ions of the most advanced and newly emerging technologies;
i
(5) the development, de~onstration, and evaluation of ap
plicatiorls of existing technology in preschool' education, elemen
tary and secondary' education, training and lifelong learning,
and professional development of educational personneL;
(6) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and heLp achieve the Na
tional Education Goals and State content standards and State
student jJerformance standards;.
.
(7) the development, demonstration, and evaluation of
model strategi.es for preparing teachers and other personnel to
use technology effectively to improve teaching and learning;
(8) the development of model programs that di!monstrate
the educational effectiveness of technology in urban and rural
areas and economically distressed communities;
.
(9) research on, and the evaluatioTl of, the effectiveness and
benefits of tl!chnology in' education, giving priority to researc/t
on, and evaluation of, such effectiveness and benefits in elemen·
tary and secondary schools;
.
(JO) a biennial assessment of, arid report to t!le public re
garding, the uses of technology in elementary and .secondary
educatiOTI throughout the United States upon which private
businesses and Federal, State, and loral governments mayre/y
for decision making about the need for, and provision of, appro
priate technoLogies in schools; by using. to the extent possible,
. existing information and resources;
(11) conferences on, and diss('mination of information re
garding, the uses of technology in education;
(12) the dev,.:lopment of model strategies topromote'gender
eqwty ITt the use 01 technology; .
(13) encouraging collaboration between the Department of
Education and other Federal departments and agencies in the
del1e/cpmeni, implementation, evaluation and funding of appli
cations of technology for education, as appropriate,' and
(14) such other activities as the Secretary determines' meet
the pu~poses of tI~i~port. .
.
(b) SPECIAL RULr.s.
(1) IN Gf:N/·:U.AL.-The Secretary shall carry out the actini
ties described in subsection (a) directly or by grant or contract.
(2) GRANTS AND CONTRACTs.-:-Each grant or contract under
this part shall be awarded.
. (A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 235. NON-FEDERAL SHARE.
(aJ IN GENERAL.~ubject to subsections (bJ aT/die), the Sec
retary may require any n~cipieTlt of a grant or contract under this
part to share in the cost of tlte activities assisted under such grant
or coritract. which non·Pederal share·:"hall be announced throulth a
notict! iTi the Federal Ilegister and may be in the form of cash or
in·kind contributions. fairly valued.
(b) INCREASE.-The Secretary may. iflcrease the non-Federal
shiue that is required of a recipil'nt ,ofa grant or contract under this
part after the first year such recipient receives funds under sllch
grant or contract.
77-574 0 - 94 - 2
�34
(c) MAXIMUM.-:-The mm-Federalshare required under this sec
tion shall not exceed 50 percent oi the cost uf the activities assisted
pursuant to a grant ur cun/rad Ill/der this part.
SEC. 236_ OI"l-'ICE OF TRAINING TECHNOI.OGY TRANSFER,
(a) THAN.':WEIl.
(1) IN GENERAL.-The Office of Training Technulogy Trans
fer as l!stablished uncler section 6103 of the Training Tech
rwlugy Transfer Act ~)f 1988 (20 U.S.C. 5093) is transferred to
and established ilL the Office of RducatioTwl1'echnology.
(2) TECIINICAL AMENDMEN'I'.--Tlw fir:>t sentence of section
6103(a) of the Training Teduwluuy Trans,.!r Act of 1988 (20
U.s.C. 5093(a)) is amended by strikillU "Office of Educational
Research and Improvement" and insertinu. "Office of Edu
cationaI1'eclwology".
PART D-AUTHORIZATION OF
APPROPRIATIONS
SEC. 241. AUl'II0RlZATION OF APPROPRIATIONS_
(a) NATIONAl. EI)UCATION GOAUi PANEL-There are authorized
to be appropriated $3,000,000 for fiscal year i994, and such sllms
as may be necessary for each of the four succeedinu fiscal years, to
carry out part A of this title.
(b) NATIONAl. EDUCATION STANDARDS ANn IMI'Rovr:MENT
-.---CUllNt'11:=::TIiI!re are autliOriZeirt(i"oe· appropriatea-$3~OOO~OO(rfi>r-'"
{tscal year 1994, alld such sums as may be necessary for each oJ'the
{tscal years 1995 through 1998, to carry out part B of this title.
(c) OPPORTUNITY-To-LEARN DI:NEU)I'MENT GRANTS.-There (Ire
authorized to be appropriated $2,000,000 fur {tscal year 1994, and·
such sums as may be necessary for fiscal year 1995, to carry out sec
tion 219,
(d) ASSESSMENT DEVELOPMENT AND' EVALUATION GRANTS.-·
There are authorized to be appropriated $5,000,000 fur fiscal year
1994, and sllch sums as may be necessary for each of the 4 succeed,
ing {tscal years, to carry out section 220.
, TITLE III-STATE AND LOCAL
EDUCATION SYSTEMIC IMPROVEMENT
. SEC. 301. /<'iNDlNGS.
The Congress (tnds that
(1) all students can learn and achieve to high standards
and must realize their potential if the U,iited' States is to pros
per;
,
.
(2) the reforms in education from 1977 through 1992 IlOve
- .' ach(eued.some good-~esuLts,. buto-such: reform"effurtsoften·have
been limited to a few schools or to a single part of the edu
cational system;
(3) leadership must come (rom teachers, related services
personnel, principals. and parents in individual schools. and
from policymakers at the local, State, tribal, and national lev-
35
cis, ill order fur lasting improvements in student performance
to occur;
(4) simultaneous top·down and bottom-up education reform
is necessary to spur creative and innovative approaches by indi
vidual schools to help all students achieve internationally com
petitive standards;
.
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by fun
damentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement
in order to increase student learning; .
.
(6) parents, teachers, and other local educators, and busi
ness, community, and tribal leaders must be involved in deveL
oping systemwide improvement strategies that reflect the needs
of their individual communities;
.
(7) State and LocaL education improvement efforts must in
corporate strategies for providing all students and families with
coordinated access to appropriate social services, health care,
nutrition, and early childhood education, and child care to re
move preventable barriers to learning and enhance school read
iness for all students;
(8) States and local educationaiagencies, working together,
must immediateLy set about deveLoping and implementing such
systemwide improvement strategies if our Nation is to educate
all children to meet their full putential and achieve the Na
--------tional'Education-6oals.described-in-title-I;
(9) State and local systemic improvement strategies must
provide all students with effective mechanisms and appropriate
paths to the work force as well as to higher education;
(10) businesses should be encouraged":':'
.
(A) to enter into partnerships with schools;
(8) to provide informatiun and guidance to schools
based on the needs of area businesses for properly educated
graduates in general and on the need for particular work·
place skills that the schools may provide;
(e) to provide ,necessary education and training mate
rials and support; and
.
(D) to continue the lifelong learning process throughout
the employment years of an individual;
(11) schools should provide' information to businesses re
uardillg how the business community ct;ln' assist schools' in
meetinu the purposes of this Act;
.
(12) instituti()ns of higher education should be encouraged
tu enter into partnerships with schools to provide information
alld guidance t()schools on the skills and knowledge graduates
nced ill urder tu enter and successfully complete postsecondary
education, and schools should provide information andguid
. ..:.unce .to.institutions. of higher education on the,skills,knowledge,.:·
and preservice 'fra'ining teachers ne"ed, andtne fypes'(jf prQfes:~-
siunal development educators need in order to meet the pur
poses of this Act;
.
(13) the appropriate and innovative use of technology, in·
cluding distance }earning, can be very effective in helping to
�37
36
(a)PuRPOSf..-It is the purpose of ihis title to improve the qual
ity of education for_ all students by improving student learning
through a long-term, broad-based effort to promote coherent and co· .
ordinated improvements in the system of education throughout the.
Nation at the State and local levels.
.
(b) CONGRESSIONAL INTENT.-This title provides new authori
ties and funding,for the Nation's school systems witho".t ,replacing
or reducing funding for existirj,g Federal education programs . .It is
the intention. or the .Congress that fLO State or local. educa/iol!al
agency wi{l reduce its funding for education or for education reform
on account of receiving any funds under this title.
under chapter 1 of title I of the Elementary and Secondary
Educati(,m Act of 1965 for the preceding fiscal year if funds
under slIch chapter in such preceding fiscal year were not re'
served for the outlying areas.
(2) 50 percent of such amount shall be allocated in accord·
ance with the relative amounts each State would have received
under part A of chapter 2 of title I of (he Elementary and Sec
ondary Education Act of 1965 for the preceding fiscal year if
funds under such chapter in such preceding fiscaL year were not
reserved for the outlying areas.
'
(c) REMwTMENTs.-If the Secretary determines' that any
amount of a State educational agency's aliotment for any fiscal year
under subsection (b) will not be needed for such fiscal year' by the
State, . the Secretary shall reallot such amount to other State edu
cational agencies that need additionaL funds, in such manner as the
'.
.
Secretary determines is appropriate.
(d) MAINTENANCE OF EFI-'ORT.-Each recipient of funds under
this title,' in utilizing the proceeds of an allotment received under'
this title, shall maintain the expenditures of such recipient for the
activities assisted under this title at a level equaL to not. less than
the level of such expenditures maintained by such recipient for the
fiscal year preceding the {LScal year for which such allotment is re
ceived, except that the. Secretary .may. reduce, temporarily or perma
nently, the level of expenditures required by this subsection if the
Secretary determines that such recipient has justifiable reasons for:
a reduction in. the level of expenditures required by this subsection.
SEC. 303. AUI'HORlZATiON OF APPROPRIATIONS.
SEC. 305. STATE APPLICATIONS.
provide all students with the opportunity to learn and meet
high standards;
.
. (14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources for
desiglting and implementing systemwide education improve
ment plans;
.
(5) all students are entitled to participate in a broad and
challenging curriculum and to have access to 'resources suffi
.
cient to address other education nee4s; and
(16) .quality education management services are being uti·
lized by local educational agencies and schools through contrac
tual agreements among local educq.tional· agencies or schools
,!nd qusinesses p!oviding quality education management serv
lces. .
. .
.
SEC. 302. PURPOSE.
Therc{ are authorized to be appropriated .$400,000,000 for the
fiscal year 1994, alld such sums as may be necessary for each of the
fiscal years 1995 through 1998, to carry out this title.
.
SEC. 304. ALLOTMENT OF FUNDS.
. (a) RESERVATIONS OF FUNDS.,-From furids appropriated under
section 30.'1, the Secretary.
(J) shall reserve a total of OfJi! percent to provide ass.istance,
in amounts determined by the'Secretary
(A) to the outlying areas;
.(8) td the Secretary of the Interior .to bene/itlnqian
students'in schools operated orIunded by tiel' Bureau;' and
(C) to the Alaska Federation of Natives in cooperation
with the Alaska Native Education Council to benefit Alaska
. Native students; and
' .
.
(2) may reserve a total of not more than 5 percent for
(A) natidnal leadership activities under lice/ions 313
and 3 1 4 ; '
..
(B) the costs of peer review'of Stateimprovem!?ut plans
and applications under this title; and '
.
.(C) evaluation activities under section 221..
(b) STATE AI..l.0TMENTS.-From the amount appropriated under
section 303· and flot reserved under subsection (a) in each.fiscal year
the Secretary shall make allotments to State educational agencies as
follows:
.'
.'
(1) 50 percent of such amount shall be allocated in accord
ance with the relative amounts each State would have received
(a) APPLICATION.-. .
(1) IN GENERAL.-Each State educa.tionalagency that de
sires to receive an allotment under this title shall submit an ap
plication to the Secretary at such time and in such manner as
the Secretary may determine.
.
(2) ADDITIONAL INFORMATION.-In,addition to the informa
tion described· in subsections (b) and (c), each such application
shall include
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secret.arj's
responsibilities under section 312, and wiLL comply with
reasonable requests of the Secretary for data related to the
State's progress· in developing and implementing' its State
improvement plan under this section 306;
(B) an assurance that State law provides adequate au
thority to carry out each component of the State's improve
ment plan developed, or to be developed under section 306,
. or that such authority will be sought;
.
.
(C) an assurance that the State content standards and
State student performance standards developed for student
achievement are not less rigorous. than such standards used
prior to the date ofenactment of this Act;
.
(D) an assurance that the State will provide for broad
public participation in the planning process; and
(E) such other ,assurances and information as the Sec
retary may require. .
�••
38
39
private schools in which students or teachers participate in
(b) FmST YI':All.·-A State ('elm'ational agl'IU'Y's appliclltioll lilr
,Pederal education programs, and, as appropriate, Indian
the first YI'ar olas..;isfance IInder this titll"slwll-c·"
tribes and others;
' .
(1) describe the pr()c(~ss by which the State edll("(ltiOlwl ,
(I:!.j representatives from rural arid urban local edu
agency will develop II State improvement plan that meets the re·
cational agencies in the State, as appropriate; and
quirements of sectioll 306; and
(F) experts in educational measurement and assess
(2) describe how the State etiw'atiollal agency will lise
ment.
funds recI~ived under this title for such year,includillg how
(2) ApPOINTMENT.-The. Governor and the chief State
such agency will make subgrants to local educational al-feflcies
school officer shall each appoint half the members of the panel
in accordance with section 309(a), and how such agem'y will
and shall jointly select the Chairperson o{ the panel and the
use funds r(!ceived under this title for education preservice pro·
representative of private schools described in paragraph (J)(D),
grams aud pro{essional development activities· in accordlillc(~
(3) REPRESENTATION.-{A) To the extent feasible, the mem
with section 309(b).
,
bership 'of the panel shall, be geographically representative of
(c) SUIJSEQUf.:NT Yh.'ARS,-A State educational agency's applica
the State and reflect the diversity of the population of the State
tion for the second year of assistance under this title shall
with regard to race, ethnicity, gender, and disability character
(1J cliver the second through fifth years of the State's par
istics.
ticipatiou;
(B) The membership of the panel shall be composed so that
(2) include a mpy of the State's improvement plan that
the minimum total number of members of the panel with exper
meets the requirements of section 306, or if the State impro(Je
tise or background in the educational needs or assessments of
ment plau is not complete, a statement of the steps the State
children from low-income families, children with minority back·
will take 'to complete the plan and a schedule for doing so; and
grounds, children with limited-English proficiency. or children
(3) include all explanation' of how the State educational
with disabilities, serving on the panel
agency will use lunds received under this title, including how
(i) bears the same relation to'the total number of memo
such agency will make subgrants to local educational agencies
bers serving on the ponel as the total number of all such
in accordance with section 309(a), and how such agency will
children in the State bears to the total 'number of all chil
_____llse_§JJch fjmds received under this title for education preserllice
in the State; or
prograllls and professionafaeveiopmentact'iVities-in-accordance-------- - - - - - - . dren(ii}-;s arleast·one~tJi:ira-of·the-number-of-members"of'-'-·- - - -
with section 309(b).
the ponel,
SEC. 306_ STATE IMPROVEMENT PLANS.
whichever is less.
,
(a) BASIC SCOPE 01" PLAN.-Except as provided in section
(4) CONSULTATION,~The panel shall consult the Governor,
305(c){2) and cOllsistent with the requirements of this secti()n, allY
the chief State school officer,. the State board of education, and
State ('ducationaL agency that wishes to receive an allotment under
relevant committees of the State legislature in developirnJ the
this title after its first year of participation shall devdop and imple
State improvement plan.
.
ment a State improvement plan for the improvement of elementary
(5) OUTREACH.-The panel shall be responsible for conduct-.
.md secondary education in the State.
.
ing a statewide, grassroots outreach process, including conduct·
(b) PLAN DEVELOPMENT.
illg public hearings, to involve educators, related services per·
(J) IN GBNERAL.-A State improvement plan under this title
sonnel, parents, local officials, tribal government officials as ap
shall be developed by a broad-based State panel ill cooperation
propriate, individuals representing private nonprofit elementary
with the State educational agency and the Governor. The panel
and secondary schools, community and business leaders, citi
shall includezens, children's advocates, secondary school students, and oth- .
JA) the Governor and the chief State school olficer, or
('rs with a stake in the success of students and their education
their designees;
:,yste/ll, aild who are representative of the diversity of the State'
(B) the chairperson of the State board of educatioTl and
alld the State's student popuLation, including, students of lim
the chairpersons of the appropriate authorizing committees
ited-Ellglish projiciefl(,y, students with disabilities, and, as ap
of the State legislature, or their designees; ,
.
propriate, Anierican Indian, Alaska Native, and Native Hdwai·
(C) teachers, principals, and administrators who have
. an students, iTt the development of the State improvement plan
i
successfully improved student performance, and deans or
alld in a ('ontinuing dialogue regarding the need for and nature
senior ~dministrators of a college, school, or department of
of standards for students and local and State responsibilities .
." =:-::::-:::;::-::-::7.Cc' ·educatlon;, an.d.:-:~ ,,-::c,::--::;::"':=-, ."
- "._•• ". "" " __,, .,___ "'''_., .
", __.. for 'h(~/ping all students achieve such standards in order to as
(D) representatives of teacher's"organizations; parents,
'. - .. sure" thai'thii'aiiiJelopmeiif'iindTirip1efflefttutiono{theState'iTTr-'-=-'
secoltdary school students, institutions of higher education,
provement plan reflects local needs and experiences and does
business and. labor leaders, community-ba'sed organizations
not result in a significant increase in paperwork for teachers:
of demonstrated effectiveness, organizations serving young
(6) PROC/.:DURB AND APPROVAL_-The panel shall develop a
children, local boards of education, State and local officials
State improvement. plan, provide opportunity for public com-·
responsible· for health, social, and other related services,
.,;
�40
ment, and submit such plan to the State educational agency {or
approv(#.
(7)· S!lI3MISSION.-The Statt' educational agency shall suh·
mit the original State improvement plan developed by th(~ parwl
and the State improvement plan i{ modified by such agency, to
gether with an explanation o{ allY changes made by such agency
to the plan developed by tlte panel, to the Secretary {or ap
proval.
.
(8) MATTERS NOT liNDER TilE ,JURISDICTION OF TilE STATE
EDUCATIONAL AGENCY.-I{ any portion o{ a State improt>ement
plan addresses matters that, under State or other applicable
law; are not under the authority o{ the State educational agen
cy, the State educational agency shall obtain the approval of, or
changes· to, such portion, with an explanation thereof,' {rom the
Gove~flor or other o{ficial responsible {or that portion be{ore
submitting such plan to the Secretary. . .
'
(9) MONITORING; REVISIONS; REPORTING.-A{ter approvalo{
the State improvement plan hy the Secretary, the panel shall be
in{ormed o{ progress on such plan by the State educational
'agency, and such cgency, in dose consultation with .teachers,
principals, administrators, advocates and parents in local edu
cational 'agencies and schools receiving {unds 'under this title,
shall monitor the implementation and operation o{ such plan.
The panel shall review such plan, and based on the progress de
scribed in the preceding sentence, determine i{ revisions to sllch
plan are appropriate and necessary. The panel shall periodi
cally report such determination to the public. ,
, (c) TEACHING, LEARNING, STANDARDS, AND ASSESSMENTS.
Each State educational agency, with broad-based classroom· teacher
input, shall· establish and include in its State improvement plan
strategies {or meeting the National Education Goals by improving
teaching and learning and students' mastery o{ basic and advanced
skills in core content areas, such as English, mathematics, science
(including physicsJ, history, geography, {oreign languages, the arts,
civics and government, and, economics. Such strategies
. (1) shall i n c l u d e - ·
.
~:.
(A) a process {or developing or adopting State content
, ,standards and State student per{ormance standards {or all
students, which process shall include. coordinating the
standards developed pursuant to section 115 o{ the Carl D.
Perkins Vocational and Applied Technology Education Act;
(BJ a process {or developing and implementing valid,
nondiscriminatory, andreliable State assessme[lts
(i) which assessments shall
(/) be aligned with such State's content stand·
ards;
(II) involve multiple measures o{ student per
{ormance;
(II/) provide {or-'
(aa) the participation in such assessments
o{ all students with diverse learning needs;
and
.
(hb) the adaptations and accommodations
necessary to permit such participation;
41
(N) be consistent with relevant, nationally rec·
ognized pro{essional and technical standards {or,
such assessments;
(V) be capable o{ providing coherent in{orma·
tion about student attainments relative to the State
.content standards; and
(VI) support effective curriculum and i nstmc
tiol/; and
(ii) which process shall provide {or monitoring the
implementation o{ such assessments alid the impact o{
such assessments on improved instruction {or all stu
dents;
(C) a process {or aligning State or local curricula. in
.<;truclional materials, and State assessments with the State
content standards and State student per{ormance stand·
ards; and
(OJ a prm.:ess {or {amiliarizillg teachers with the State
col/tent standards and State student per{ormance stanli
ards and developing the capability o{ teachers to provide
·high quality instruction within the COli tent areas described
ill the maller preceding paragraph (1) o{ this subsection;
(2j may include strategies such as
(AJ a process {or providing assistance and support to
local educational agencies and schools to strengthen the ca·
pacity o{ sllch agencies and schools to provide all students
tlw opportunity to increase educational achievement and
· meet State content standards and State student per{orm
ance standards;
.
'.
(13) assessing the e{{ectiveness and equity o{ the school
finance program o{ the State, to identi{y disparities in the
· re:wurces available to each local educational agency and
school in sllch State and how such disparities a{{ect the
ability o{ the State educational agency and local edu
catiollal agencies. to develop and implement plans under
this title;·
.
(C) a process (or developing. selecting, or recommend
ing instructional materials, including gender equitable and
multiculturallitaterials, and technology to support and as·
sist local educational agenCies and schools to provide all
students tlte opportunity to meet State content standards
and State student per{ormance standards;
([)) a process {or prouiding appropriate and effective
pro/i'ssional del)elopment, including tlte use o{ technology,
distance learning. and geflder·equitable methods, TU!cessary
{or teachers, school administrators, and others to help all
students III('et State content standards and .State student
per{ormance standards; and
(E) a process {or improving the State's system o{ teach
er and school administrator preparation and licensure, and
o{ continuing pro/essional development programs, including
the use o{ technology at both the State and local levels, so
that ail teachers, related services personnel, and adminis
trators develop the subject malier and pedagogical expertise
�42
43
. needed to prepare all students to mel!t State (:ontent stand
sional development in a manner that ensures equal access by
ards and State student perfurmance standards.
all local educational agencies ilt the State; and .
(d) OI'POHTUNIT'i-TO-LEAHN STANDA1WS ANLJ STllATEG/h;S.
(2) develup partnerships with Indian tribes and schuuls
(1) IN GENERAL.-Each State improvement plan shall es
funded, by the Bureau. where appropriate. to improve cOltsist
ency alld compatibility in curriculum among public elementary
tablish standards or strategies l'or providillg all students with
an opportunity to learn. Such standards or strategies shall inalld secondary s~hools, and such schools funded by the Bureau
elude such facto,:s as the State deems appropr.iate to ensure that
at all grade levels.
(h) PROMOTING BOTTOM-UP REFORM.-Each State improvement
all students receIVe ~ fatr. opportulltty to achteve the knowledge
and sktlls as descrtbed tn State cOlltent standards and State
plan shall include strategies for ensuring that comprehensive, sys
temic reform is promoted from the bottom up in comml;lnities, local
student performance standards ad.0pted by' the S t a t e . .
.
(2) IM~LEMENTATIO!,".-:-Notwtt"standtng. any ot.her prot'l
educational agencies, and schools. as well as guided by coordination
,SlOn of thts Act. thf! unplementatwn of upportunity-to-Iearn
and facilitation from State leaders, including strategies such as
standards or strate.gles shall ~e voluntary on the part of the
(1) providing flexibility to individual schools and local edu
States, local educatwnal agencl.es, a. nd sc;hools_.
cational agencies to enable such schools and agencies to adapt
(3) CONSTRClCTION.-Nothtng tn thIS sectton shall be con
and integrate State content standards into courses of study ap
propriate for individual schools and communities; and
strued to-. .
.
(A) ma/~date equalized spendtng per puptl for a State,
, (2) facilitating the provision of waivers from State rules
local educatIOnal age~cy. or school; or .
and regulations that impede the ability of local educational
(B) mandate 11:attonal sc?1J01 b.Utldtng standards for a
agencies or schools to carry.out local improvement plans.
State, local ~duc~ttonal ,agency. or school.
,
,
(i) DROPOUT STRATEGIES.-Each State improvement plan shall
, (e~ GOVERNANCE, ACCOUN1I1Bn!1Y AND A!ANAGEMENT.-:-l!.ach
include, strategies for assisting local educational agencies and
State tmprovement I!~an shall establtsh strategIes for unproved gov
schools to enable such agencies and schools.
e;;~:e':::~'s:::hoausntablltty and management of the State s educatwn
(J) to meet the needs of school-aged children who have
,
(1) aligning responsibility. authority, and accountability
drop~d out of s~huol; . .
.'
.
.
___~thr.:oughouLthced'.uc~t}Plt_sy~t!!m,_~''t(Lthat de(;j§j<!!!sJ~garding
'
(2) to bring such ~htldre~ mto the educatwn system, and
'the means for achielJing State content standards and Stale stu
, (3)-to-help-such-students-l1Ieet-State-content~standards.and~--~
dent performance standards are made closest to the learners'
S.tate student performance standards.
and
"
UJ COORDINATION WITH SCHOOL-TO- WORK PROGRAMS.-If. a
(2) creating an integrated and coherent approach to recruit
State Itas r"fceived Federal ~ssistance for the purpose of planning
ing, retaining and supporting the continued professional devel
for, expanding, or ~stabltshtng f! school-to-work program,. t~en a
opment of teaehers (including vocational teachers), and other
State shall Include tn the State tmpro,!ement .plan a descrtpttOn of
educators, giving special attention to the recruitment into and
how such school-to-work prpgram wtll be tncorporated ~nto the
'retention of qualified minorities in the education profession;
school reform efforts of the Stat~. In partlcular" the State tmpr0Uf!
(f) PARENTAL AND COMMUNITY SUPPORT AND INVOl.VEMENT.
ment pl~n shall tnclude a de~crtpttOn of ht?w secondar;l schooll! wtll·
Each State improvement plan shall describe strategies for how the
be modified tn order. to proutde career gllldance, the lIItegratwn of
State educational agency will involve parents and other community
acade/nEc and vocattOnal t'dycatw,:, a~ld work-based learnmg, tf
representatives in planning, designing, alld implementing the State
such programs are proposed m the State s school-to-wor~ plan.
improvement plan, including strategies such a s - .
(k) BEN.CIIMARKS M:'D TIMEl.INES.-Eac.h State lInprOvemellt
plait shall tTlclude speCIfic ?ellchmarks of unproved student per
(1) focusing public and private community resources and
fvrmallce ar.ld of progress m lIf1plemelllllllf such plan, alld tunelwes
public school resources on prevention and early intervention to
address the needs of all students by identifying and removing
agawst wlllch the progress of tlte State In carrylllg out. sllch plall,
unnecessary regulations and obstacles to coordination; and
including the elements described in subsections (c) through UJ, can
(2) increasing the access of all students to social services,
b(' measured.
.
health care, nutrition, related services, and child care services,
(l) COu/WIN/\TING STIMTHGJES.-Each State plan shall include
strategies for coordinating the illtegratioll uf academic clnd voeCl'
and locating such services in' schools, cooperating service agen
des: community-based centers, or other convenient sites de
tional illstrllctlull pursuallt to the Carl D. Perkins Vocatiunal and
signed to provide "one-stop shopping" for parents and students.
Applied Technology Educatioll Act.
. " (m) PRU(;JlAM ,IMPROVI-:Mh:NT . AND ACCOUNTABIUTY.-Each
..;... __ fg)MAKING TflE_IMJ?ROYEMENTS_SYS1'J.;MWlDE.=T'.o.help.provide , .
.' .- ..all students"throughouf tlie' State 'the opportunity to in£et Siate':'
'="'StaTe ir,iprilvelfl(;;tl/Jla/I sh-iili descfilii'" -::-~-::'7
c'"
standards, each State improvement plan shall describe strategies,
(}) how the State will monitor proj(ress toward implement·
such as strategies that
illg the State and local improvt'ment pions; and
(1) provide for the availability of curricular materials,
(2) proc('(/Ilres the Slate plans to use, consistent with Stale
learning technologies, inCluding distance learning, and profes
law, to improt'e schools that are not meeting the State content
,
�44
45
standards voluntarily adopted by the State within the estab
lished timelines.
(n) PEER REVII-:W AND SECRETARIAL APPROVAL.- .
(J) INGENERAL-,-{A) The Secretary shall review, within a
reasonable period of time, each State improvement plan pre
pared under this section, and each. application submitted under
section 305, through a peer review process involving the assist
ance and advice of State and local education policymakers, edu
cators, classroom teachers, related services personnel, experts on
educational innovation Clnd improvement, parents, advocates,
and other appropriate individuals. Such peer review process
shall be representative of the diversity of the United States with
regard to geography, race, eth.nicity, gender and disability char
acteristics. Such peer review process shall include at least J site
visit to each State, except during the period when a State im
provement plan is being developed.
.
(B) Notwithstanding the provisions of subparagraph (A), in.
the fir.st year that a State educational agency submits an appli
catiOll for devdopmenlof a State improllement plan under this
title the Secretary shall not be required to-:. .
(i) review. such application through a peer review proc:ess; and
.
(ii) conduct a site visit.
(2} ApPROVAL.-The Secretary shall approve a State im
provef~wnt plafi if such plan is submitted to the Secretary not
later than 2 years after the 'dat(~ the State edilcational agency
receives its first allotment under spction 304(b), and u.!hen tlw
Secretary determines, after considering the peer reviewers' com
ment, that such plan-,
.
(A)-reflects a widespread commitment within the State;
(BJ holds reasonable prOf;lise of helping all students to
achieve at the high lellels called for hy this Act;
(e) meets the requirements of suhsections (a) through
~a~
.
allows local schools, local educational agencies and
comm.unities ~he flexihility to implement local improvement
plans in a manner which reflects local needs and rel/uire.
nients in order to' promote a 'hottom up' system of school n'lor.m.
.
.
,
(3) f)ISAl'PHuVAL.-The Secreta.ry shall not disapprove a
State improvement plan, or any State application suhmilled
under section 305, hefore offering tlie 8tate.
(A) an opportunity to revise such plan or application; .
(D)
.
a~
' .
a hearing.
.
. (0) ilI-X;VI.All Rf:VIEW~r;ach State improl'ement plan shall. in.
clude a process lilr periodically reviewing and updating any State
contl~nt standards. State student performance standards. State op
portunity-to-learn standards or strategii's. and State assessments.
(1') AIIIENIJMl-..·NTS TO PI..,tN.
(J i IN Gf:NERAl ... ~r;ach Stall' educational agency shall peri.
odically review its State improl'ement plan and revise such
plan; as .appropriate, in accordance II/ith the process descrihed
in subsection (b).
(8)
(2) REVII-..·w.~1'he Secretary shall review any major amend
ment to a State ifnprovement plan and shall not disapprove any
such amendment before offering a State educational agency
(A) an opportunity to revise such amendment; and
(B) a hearing.
(q) PREEXISTING STATE PLANS AND PANELS.
(1) IN GENERAL.-Ifa State has developed a comprehensive
and systemic State improvement plan to help all students' meet
State standards or any component of such plan, that meets the
intent and purposes of this section, then the Secretary may ap
prove such plan or component notwithstanding that such plan
was riot developed in accordance with subsection (b) if the Sec
retary' determines that such approval would further the pur
poses of State systemic education improvement; and
(2) SPECIAL RULE.--{A) If, before the date of.enactment of
this Act; a State. has made substantial- progress in developing
a plan that meets the intenrand purposes of this section, .but
was developed by a panel that does not meet the requirements.
of paragraphs (1) through (3) of subsection (h), the Secretary
may; at the request of the Governor and the State educational
agency, treat such panel as meeting the requirements of this
title if the Secretary determines that there has been statewide
involvement of educators, parents, students, advocacy groups,
and other interested members .of the public in the development
of the plan.
.
. SEC. 301. SECRETARY'S REVIEW OF Ai>i>LlCATIONS; PAYMENTS.
(a) FIRST YEAR.-The Secretary shall approve the State edu
cational agency's first year application under section 305(b) if the
Secretary determines that-,.
(1) such application. meets the requirements of this title;
and
.
(2) there is a substantial likelihood that the second year ap
plication of the State educational agency under section 305(c)
will provide for the development and implementation of a State
improvement plan that complies with section 306.
.
(b) SEcoND THROVGH FIFTH YEARS.-The Secretary shall ap
prove the State educational agenCy's second year application under
section 305(c)(1) for the second through fifth years of participation
only if(1)(A) the Secretary has approved the State improvement
plan under section 306(n); or
(B) the Secretary determines that the State has made sub
stantial progress 'in developing its State improvement plan and
will implement such plan not later than the end of the second
year of participation; and
.
. (2) the application meets the other. requirements of this
title.
. (c) PAYMENTS.-For any fiscal year for which a State bas aTl
approved application under this title, the Secretary shall prollide an
allotment to the State educational agency in the amount determined
under section 304(b).'
�46
SEC. 308. STA1'I'; lIS1-: OF FUNIJS.
(a) FIRST YEMf. --In lhe lirst ymr Ii,;' which a State edllcational
agency receiues an 'al/utmcnt under this tii/e, slich aM('fI(:Y.
(J) if the amoullt Illade available IInder sectioll :]0;] for such
year is equal to or greater than .$50,000,000, shall II.S(' at least
60 percent of such allo.tted funds to award subnrants.
. (A) in accordance with section 309(a), to local edu·
cational agencies for the development or implementation of
local improvement plans; and
(8) in accordance with section 309(bj, to improve edu·
cator preservice programs and for professional development
activities consistent with the State improvement plan; .
(2) if the amou nt made available under section 303 f()r such
year is less than $50,000,000, may use such funds for the
subgrants described in paragraph ( 1); and
.
(3) shall use any such allotted funds 1Iot u~ed Ln accord·
f!nce with par~graphs (1) and (2) to develop', reVIse, expand, or
l1nplement a State Improvement plan descrtbf!d tn sectIOn 306.
.(b) SUCCEEDING YEARs.-.Ea~h State educatIOnal agency that
recewesall allotme~ll unde: thts ttlle for an.y y~ar after the first year
of such agency recewes assistance under thts tItle shall(1) usc at least 90 percent of such aLLotment to make
subgraltt(sA') .
d
'. h . .
309()
I I,d.
.
. In accor ance WI~ sectIOn . a, to ofa e. u
catLOnal ag!!.ncLes fo:..t~*!"'!:""!:p'l~mentatwn of the State tm·
prouement plan ana oflo~al Lmp:ovement-plan!!;-and~~·
.
(n)1n acpordance WIth sectIOn 309(b~, to unprove edu·
cator'p'reserUlce program. s and fo.r profeSSIonal development
actw~ttes that are. consIstent wtth the State unprovement
plan, and
.
.
.
S
. ..
. (2) use ~he rematn~e: of suc.h assLstance for tate actwttles
deSIgned to Impleme'!-t tts State tmprovement plan, ~uch as--:;(A) supportmg the d~velopment or adoptIOn of State
. content standards an. d State student performance stand·
ards, State. opportunlty·to-learn sta,!dard~, and State as·
sessments linked to such standards mcludmg-
(i) through consortia ofSt~tes; at
(ii) with the assistance of the National Education
Standards and Improvement Council established
under part B of title II;
(B) supporliflg the implementation of high.performance
management and organizational strategies, such as site.
based. management, shared decisioflmaking, or quality
management principles, to promote effective implementa.
tion of such plan;
.
.
(C) supporting the development and implementation, at
the local' educational agency and school building level, of
iTl'Jpropeq human resource del'elopment systems for recruiting, selecting:" ineiifi;"i'iiig;"sujijidtting;'evaluating a n d r e · : - : - = = . : :
warding educators;
(D) providing special attention to the needs ofininority,
~s
limited· English proficient, disabled, and female students,
including instructional programs and actiuities that encourage such students in elementary and secondary schools
47
to aspire to enter and complete post-secondary education or
training;
.
(E) supporting innovative and proven methods of en·
hancing a teacher's ability to identify student learning
needs, and motivating students to develop higher order
thinking skills; discipline, and creative resolution methods;
(F) supporting the development, at the State or local
level, of performance· based accountability and incentive
systems for schools;
(G) outreach to and training for parents, tribal offi·
cials, organizations serving young children, classroom
teachers, related services personnel, and other educators,
and the public, related to education improvement;
(R) providing technical assistance and other services to
increase the capacity of local educational agencies and
schools to develop and implement systemic local improve-
ment plans, implement new State assessments, and develop
curricula consistent with .the State content standards and
State student performance standards;
(/) promoting public magnet schools, public "charter
schools", and other mechanisms for increasing choice
among public schools, including information and referral
. program~ which provide parents .with information on avail
able chotces;
(J) supporting activities relating to the planning of, .
--and-evaluation-of,-projects-under_which_locaLeducat.i91J..~.
agencies or schools contract with private management orga.
~--nizations to reform a school;
.
.
(K) s~pporting intergenerational mentoring programs;
(L) supporting the development, at the State or local
. level, of school-based programs that restore di.scipLine and
.reduce violence in schools and communities, such as com.
munit mobilization programs' and
(~) collecting and analyzi~gdata.
(d LIMIT ON ADMINlSTRATNE COSTs.-A Stat
d
t"
I
h'
d
h' . . e e uca wna
agency t at receIves an allotment un er t IS title m aT"fy fiscal year
shall use not mor.e than ~ percent of such allo.tn;ent ~n such year,
or $100,009,. whlcheuer tS greater, for. adnumstraltue expenses,
whtch ad,!I~n.tstratwe expenses shall not mclude th~ expenses related
to the actwLt~es of the panel establtshed ,,!-n~er sectIO:1 30~;(b)( 1).
. (<!) SPECIAL RULE.-Any new publtc school establIshed under
thIS tttle-.
.
'.
(1) shall be Itonsecta~lan,. .,
.' .
. (2) .shaLL no~ be. affiliated WIth a nonpubltc sectarian school
or reitgwus mstltutwn; a n d .
..
(3) shaLL operate u. nder the authonty of a State educatwnal
agency or local educatIonal agency.
::.:gC~~09:_!?UBJ?HANT~.FOR_:..LOCA.L !!EF..o.~M AND PROFESSIONAL DE·
VIi.LOPMENT: -.
" .. - ... - ' .. '~:"."-:::_'::CC-'..7:".::::='
(a) SUBGRANTS TO LOCAL EDUCATIONAL AGEN.CIES.
(1) IN GENERAL.-{A) Each St~t~ educatIOnal agency shall
make s.ubgrant:". t~raugh ~ comfCtltwe process to carry out the
autlwrtzed actWttles descrtbed tn paragraph (4), to local edu·
�49
48
cational agencies' (or consortia of such agencies) in accordance
with section :108.
(B) In, making such subgrants, the State educationaL agellcy
shall award not less than 1 subgrant in each fiscal year to an
urban local educational alfency and not Less than 1 sublfrant in
each fiscaL year to a rural local educational agency, where ap-
propriate, except that this provision shall not apply to the Dis
trict of Columbia. An education service agency may serve as a
fiscaL agent for a ruraL local educational agency,
(C) Each such subgrant shall be for a project of sufficient
duration and of sufficient' size, scope, and quality to carry out
the purpose of this title effectively.
(2) APPLICATION REQUIRED.--{A) A local educational agency
desiring to receive a subgrant under this subsection for the de
velopment of a local improvement pLan shall submit an applica
tion to the State educational agency. Such application shall
contain assurances that the local educational agency intert-ds to
develop a local improvement plan that meets the requirements
of this section.
(B) A local educational agency only shall be eligible to re
ceive a subgrant under this subsection to develop a local im·
provement plan for one fiscal year.
(3) PLAN REQUIRED.-Each local educational agency desir
ing (0 receive a subgrant under this subsection to implement a
local improvement plan shall submit a -local improvement plan
to the State educational agency. Each such plan shall
(A) be developed by a broad-based panel that
. (i) is appointed by the local educational agency
and is representative of the diversity of students and
community with regard to race, language, ethnicity,
gender, disability, and socioeconomic characteristics
and includes teachers, parents, advocacy groups, school
administrators, business representatives, and' others, as
approprlate; and
(ii) shall, following the selection of its members, es·
tablish the procedures regarding the operation of the
t
">
panel, including the designation of the chairperson;
(B) address districtwide education improvement. di
rected at enabling all students to meet the State carltent
standards and State student performance standards, in
cluding specific go.als and benchmarks, reflect the priorities
of the State improveT1)ent plan (either approved or under
development) and include a strategy for-
(i) ensuring that all students have a fair oppor
tunity to learn;
(ii) improving teaching and learning;
(iii). improving governance and management;
(iv)generating, maintaining, and strengthening
pareitlal and community involvement; and
(v) expanding improvements throughout the local
educatiollal agency; - ,
(C) promote the flexibility of local schools in deveLoping
plans which address the particular needs -of their school
and community and -are consistent with the local improve
~~~~
(/)) describe a process of broad-based community par
ticipation in the development, impLementation, and evalua
tion of the local improvement plan; ,
(E) describe how the Local educational agency will ~n
courage and assist schools to develop and implement com
prehensive school improvement plans that
,
(i) focus on helping all students reach State con
tent standards and State student performance stand
ards; and
(iO address relevant elements of the local improve
ment plan of the local educational agency identified in
subparagraph (B);
(F) describe how the local educational agency will im
I)lement specific programs aimed at ensuring improvements
in school readiness and the ability of students to learn ef
fectivel.v at-all grade levels by identifying the most pressing
needs facing students and their families with regard to so
cial servic;es, health care, nutrition, and child care, and en
tering into partnerships with public and private nonprofit
agencies to increase the access of students and families to
coordinated nonsectarian services in a school setting or at
a nearby site; _
(G) describe how the subgrant funds will be used by
the local educational agency, and the procedures to be used
to make funds available to schools in accordance with
paragraph (6)(A);
_
_
_ '
(II) identify, with an explanation, any State Or Federal
requirements that the local educational agency believes im
pede educational improvement and that such agency re
quests be waived in accordance with section 311, which re
quests 'shall promptly be transmitted to the Secretary by the,
State educational agency; and
(/) contain such other information as the State edu
cational agency may reasonably require.
(4) SUBMISS/ON.-:-A local educational agency which has ap·
proved a local improvement plan shall submit su~h plan to the
, State educational agency for approval together with a descrip
tion of modifications to such plan and any comments from the
local panel regarding such plan.
.
(5) MONITORINc.-The panel described in paragraph (3)(A),
after approval of the local educational alfency's apPlication by
the State educational agency, shall be inforr'ned of progress on
such' plan by the 'local educational agency, and the local edu:
cational agency shall monitor the implementation and effective
ness of the local improvement plan in close consultation with
teachers, related services personnel, principals, administrators,
community members, and parents from schools receiving funds
under this title, as well as assure that implementation of the
local improvement plan does not result in a significant increase
in paperwork for teachers. The panel shall review such plan
and based on the progress described in the preceding sentence,
_determine if revisions to the local improvement plan should be
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51
(i) improve preservice teacher education programs con
recommended to the local educational agency. The panel shall
sistent with the State improvelllent plan. including how to
periodically report silch determination to the public.
work 1~/fecti!'ely with parents and the community; and
(6) AUT/IORlZED ACTlVI1'/f;s,-(A) A local educational agen
cy that receives a subgrant under this subseelion(ii) support continuing, sustained professiomil develop
(i) in the first year such agency receives the subgrallt
ment at:livities for educators and school administrators or
shall userelated services personnel workillg with educators which
(/) not more ihan 25 percent of the subgrant funds
will increase student learning in aecordance with the State
to develop a local improvement plan or for any local
improvement plan.
educational agency activities approved by the State
(B) Each State educational agency awarding subgrants
educational agency that are reasonably related to car·
under subparagraph (A) shall giue priority to awarding such
rying out the State or local improvement plans, which
subgrallts to,
may include the establishment of innovative new public
(i) a local educational agency or consortium serving a
schools; and
greater Ilumber or percentage uf disadvantaged' students
(Il) not less than 75 percent of the subgrant funds
than the statewide ,average of such, number or percentage;
to support individual school improvement initiatives
(ii) a local educational agency or consortium that forms
related to providing all students in the school the op
partnerships with collegiate educators to establish profes
portunity to meet State content standards and State
sional develupment sites; and
student performance standards; and
(iii) a llX'al educational agency or consortium that
(ii) in subsequent years, shall use subgrant funds for
(Ij focuses on upgrading teachers' knowledge of
any activities approved by the ,State educational agency
content areas; or
which are reasonably related to carrying out the State or
(/I) targets preparation and continlled professional
local improvement plans which may include the establish
development of teachers of students with limited-Eng
ment of innovative new public schools, except that at least
lish proficiency and students with disabilities.
85 percent of such funds shall be made available to indi
(2) AN'UCA,TION.-Each local educatioltal agency or consor
vidual, schools to develop and implement comprehensive
tium that desires to receive a subgrant under this subsection
sch'ool-:improvement-plans-which-are-designed-to-help-all
----s'liall~§minrit-an-application-to'"the-State-educationaI-agency
students meet State content standards and State student
whichperformance standards,
(A) describes how the applicant will use the subgrant
(B) At least 50 percent of the funds made available by a
to improve teacher preservice and school administrator edu
local educational agency to individual schools under this sec
cation programs or to implement educator professional de
tion in any fiscal year shall be made available to schools with
velopment activities, consistent with the State improvement
a special need for such assistance, as indicated by a high nuUl
plall,
ber or percentage of students from low-income families, low stu
(lJ) identifies the criteria to be used by the applicant to
dent achievement, or other similar criteria developed by the
judge improvements in preservice education or the effects of
local educational agency.
professional development activities consistent with the State
(C) A local educational agency may not use more than five
improvement plan; and
percent of the subgrant funds such agency receives in each fiscal
(C) contains any other information that the State edu
year under this title for administrative expenses.
cational agency determines is appropriate,
(7) SPECIAL CONSIDE·RATION.-The State educational agency
(3) RECilllRED ACTIV1T1ES.-A recipient of a subgrant under
shall give special consideration in awarding a subgrant t(~
this subsection shall use the, subgrant f~nds for actiuities
(A) a consortium of local educational agencies; or
supporting
(B) a local educational agency that provides in the ap
(A) the' improvement of preservice teacher education
plication or local improvement plan described in paragraph
and school administrator programs so that such programs
(2) or (3), respectively, that such 'subgrant funds will be
equip educators with the subject matter ana pedagogical
uSt'll to assist a consortium of schools that has developed
expertise necessary for preparing all students to meet stand
a plan for school iinproucment,
ards;or
(b) SUHGRANTS f.·OR PRf..:SERVICf.: TEACHER EDUCATION AND
(B) the deueiopment and implementation of new and
PROFl!.'SSIONAL DEVf..:LOI'MENT ACTIVITlh·S.---::-' ( 1)' IN-=GENf.;j{.IIL:.::..:{ArEac}F'State-'eau(;a-tib-'ldl'.dgenCYi;IiUl/~ -':.::-:c:. :-::~mprqV*l.d., for!,!~, of:co.ntinuing _a!ld.._sustaj~~d_ pro{essiofi,a} __
. development opportunities'for--teachers, --principals; --and
make subgr-ants, through a competitive. peer-reviewedprocl's.'i to
otller educators at the school or district level that equip
a local educational agency, or a consortium of local educational
educators with such expertise, and with other knowledge
agencies, iii cooperation with 'institutions of higher education,
and skills necessary for leading and participating in con
nonprofit organizations, or any combination thereof, in accordance with section 308 to-tinuous education improvement.
�52
(4) PEm.frSSNE AC7'/Vl'nl<:S.-A reCtplent of a subgrant
under· this subsection may use the subgrallt funds for costs reo
lated to reLease time for teachers to participate in professionaL
development activities, which professional development shall in·
clude related serv·ices personnel as appropriate.
(c) SPECIAL AWARD RULE.
(1) IN GENERAL.-Each State educational agency shall
award at least 50 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that have
a greater percentage or number of disadvantaged children tlran
the statewide average such percentage or number for all local
educational agencies in the State.
(2) WANER.-The State educational agency may waive the
requ{rement of paragraph (1) if such agency does not receive a
sufficient number of applications to comply with such require
ment.
SEC. 310. .-\VAlLABIUTY OF INFORMATION AND TRAlNING.
(a) 't'"FORMATION AND TRAIN/NG.-Proportionate to the number
of children in a State or in a local educational agency who are en·
rolled in private elementary or secondary schools
(1) (l State educational agency or locaL educational' auency
which uses funds under. ~his title to develop 'goals, State content
standards or State student performance standards, curricular
materiaLs, and State assessments shall, upon request, make in·
formation reLated to such goaLs, standards, materials, and as·
sessments avaiLable to private schools; and
..
.
(2) a State educationaL agency or local educational agency
which uses funds under this titLe for teacher alld administrator
training shall provide in the State improvement pLan described
in se,ction 306 for the training of teachers and administrators
in private schooLs located in the geographical area scrl'ed by
such .agency.
.
(b) WAIVER.-If, by reason of any provision of law, a State or
local educationaL agency is prohibited from providing for the equi·
table participation of teachers and administrators from private
schools ill training programs assisted with Federal funds provided
under this· titLe, or if the Secretary determines that a State or local
educutiOliai agency has substantially failed or is ullwilliflU to pm
vide for such participation, the Secretary shall waive sitch requin'
ments and shall arrange for the provision of trainiflU C01l:sistellt
with State goals alld State content standards for such teachers and
administrators. Such waivers shall be subject to consultatioll, with·
holding. notice, and judiciaL review in accordance with ·sectioll 1017
of the ELementary and Secondary Education Act of 1965.
SEC. 311. WAJVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
fa) WAn-ER AUTfIORI1'Y.
(1) IN (;ENERAL.-J<:xcept
as provided in subsectioll fe). the
Secretary may waive aTlY statutory or rfgulatory requiremcnt
applicable to any program or Act described in subsection (b) for
(l State educational auency, local educutional agency, or school
if
(A) and only to the .extent thizt, the· Secretary deter·
mines that such requirement impedes the ability of the
53
State, or of a Local educational agency or school in the
State, to carry out the State or Local improvement plan;
(8) the State educational agency has waived, or agrees
to waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State edu
cationaL agency.
(i) provides all local educationo,l agencies and par·
ent organizations in the State with notice and an op·
. portunity to comment on the State educational agency's
proposal to seek a waiver; and
Oi) submits the local educational agencies' com
ments to the Secretary; and
. (D) in the case of a locaL educational agency waiver,
the Local educational agency provides parents, community
groups, and advocacy or civil rights groups with the oppor·
tunity to com;nent on the proposed waiver.
(2) ApPLICATION.-{A)(i) To request a waiver under para·
graph (J), a local educational agency or school that receives
funds. under this title, or a local educational agency or school
that does not receive funds. under this title but is undertaking
school reforill efforts that the Secretary determines are com
parable to the activities described in section 306, shall transmit
an appLication for such a waiver to the State educational agen
cy. The State educational agency then shall submit approved
applicatioTls for waivers under paragraph (1) to the Secretary.
(ii.) .t\ State (~du(:ational agency that receives funds under
this title may request a waiver under paragraph (1) by submit·
ting all application for such waiver to tire Secretary.
(m Each application submitted to the Secretary under sub·
paragraph (A) shall
(i) identify the sta.tutory or regulatory requirements
that are requested to be waived and the goals tlrat the State
educational agency or local educational agency or school
inteuds to achieve;
(ii) describe tire action that the State educational agen
cy has undertaken to remove State statutory or regulatory
barriers identified in the application of local educatiollal
agencies;
(iii) describe the uoals of the waiver and the expected
programmatic results if the requcst is grallted:
(iv) describe the numbers and types of students t(Jb(~
impacted by such waiver;
(fI) describe a timetable for implementing a waiuer; and
(IIi) describe the process the Stat(~ educational agency
will use to monitor, on a biannual basis, the progress in
implemelltijlg a waivcr.
(3) l'lM!'UNHSs.-The Secretary shall act promptly 011 a n;,~
quest for (/ waiver under paral!raph (/) and shall l,rOllide a
written statement of the reasons for grantiflU or dellying such
request.
(4) J)URATION.-Each ll!ai(ICr under paragraph (1) shall be
lor a period not to exceed 4 ycars. 1'1t(, Secretary may extend
such period if the Secretary determines that lhe waitler has been
�54
55
effective ill ellablillg the State or a/li'c.t.:d local educational
a populatioll of less than 3,500,000, determined in accordagellcies tv carry out re/ilrm plans.
anc:e with the most recent decennial census of the popu
(b) INCUlUf;/J PUUGuAMs.-The statutory or regulatory re1luire
latlOn perfortl'}ed by the Bureau of the Cellsus.
.
(C) DESIGN.ATION.--,-Each eligible State participating in
mellts subject to the waiver authority of this section are any such
requirements IInder the fol/owing programs or Acts:
"
the demonstratIOn program described in subparagraph (A)
(1) Chapter 1 of title I of the Elementary and SecollCiary
shall be known as an "Ed-Flex Partnership State"_ "
Education Act of 1965, including Ellen Start.
(3) ELimBLE STATE.-For the purpose of this subsection the
(2) Part A of chapter 2 of title I of the Elementary and Sec
term "eligible State" means a State that
ondary Education" Act of 1965_
(A) has developed a State improvement plan under sec
(3) The Dwight D. Eisenhower Mathematics and Science
tion 306 that is approved by the Secretary; and
Education Act.
([1) waives State statutory or regulatory requirements
(4) The Emergency Immigrant Education" Act of 1984.
rf!latmg to education while holding local educational agen
(5) The Drug-Free Schools and Commuilities Act of 1986.
cle~ or schools within the State that are affected by such
(6) The Carl D. Perkins Vocational and Applied Technology
waIVers accountable for the performance of the students
Education Act.
who are affected: by such waivers.
"
.
(c)WAlVERS NOT AUTIIOR1ZEJ).-The Secretary may not waille
(4) STATE APPLICATION.--(A) Each State educational agency
any statutory or regulatory requirement of the programs or Acts de
desiring, to participate in the education flexibility demonstration
scribed in subsection (b)
program under this subsection shall submit aTI application to
(1) relating to
the Secretary at such time, in such manner; and containing
(A) maintenance of effort;
such information as the Secretary may reasonably require.
(B) comparability of seniices;
"
Each such application shall demonstrate that the eligible State
(C) the equitable participation of students and profes
~taS adopted an educational flexibility plan for the State that
sional staff in private schools;
mcludes-"-"".
"
"_~_ _ _ _ _ _..c("D) parental participation and involvement; and
(i) a" description of the process the State educational
(EnHeciisff"ib-ution-of-runds-to-States-or-to-local-edu
agency will use to evaluate applications from local edu
cational agencies; and
cational agimcie"tnjr-schools"requesting-waivers-of
(I) Federal statutory or regulatory requirements de
"(2) IInless thc underlying purposes of the statutory require
ments o{each program or Act for which a waiver is grallted
scribed in paragraph (2)(A); and
contillue to be met to the satisfaction of the Secretary.
(II) State statutory or regulatory requirements re
(d) TERMINATION OF WAIVERS.-The Secretary shall periodi
lating to education; and .
.
"(ii) a detailed description of the State statutory and
cally review the performallce of any State, local educational agency,
or school for which the Secretary has "granted a waiver under sub
regulatory requirements relating to education that the State
section (a)( 1) and shall terminate the wai/ler if the Secretary "deter
educational agency will waive.
(B) The Secretary may approve an application described in
mines that the performance of the State, the localedllcational agen
cy, or the school in the. area affected by.the waiver has heen ilwd
su~pa:agraph (A) only if the Secrf!tci.ry determines that such ap
plicatIOn demonstrates substantwl promise of assisting the
equate to Justify a contlnuatllm of the waIVer.
(e) FI.EXIIIILlTY DEMONSTlIATJON.-'--
State educational agency and affected local educational agen
(1) SIIORT TlTLE.-- This subsection may be cited as the
cies and schools within such State in carrying out comprehen
"Education Flexibility Partnt'rship Dell/ollstration Act".
sive educational reform and otherwise meeting the. purposes "of
(2) PROGRAM AUTIIORIZf;J).
this Act, after considering""
" (A) IN GENERAL.-The Secretary lI/ay carry out an edu· "
(i) the comprehensiveness and quality of the edu
catioll /lexibility demonstration program under which the
cational flexibility plan described in subparagraph (A);
(ii) the ability of such plan to ensure accountability for
St'C1"l'lary autlwriZl's not more than (; State educatiollal
agencies seruillg eligible States to waive statl/tory or rl'gu
the activities and goals described in such plan; ,
(iii) the significance of the State statutory or regulatory
latory rl'(/uirements applicable to 10r TIlore programs or
Acts described in sllhsection (b). other than reqllireTllents
""
reqUIrements relating to education that will be waived; and
d!lscriEl!d ion slIbsection (c), for the State edllcational a~(,llcy
(iv) the quality of the State educational agency's proc
or any /ocaFeai"iciltiiliiat-ageTlcy-or-school-withiTuhc"State. = ---,~:~c, ___ .__ . __________ _
es~Jor (jpproving applications for waivers of Federal statu
(lJ) AWA}{J) IWu,;.-ln carrying Ollt sllbparagraph "fAI.
. --- tory .or' regiiliitory:-requirements -described-: in- paragraph"": .
the" Secretary shall seleel for participatioll in the d l ' l l l - ( 2 ) ( A ) and for monitoring and evaluating the results of
OTlstratioll program de:·wribed ill sllhparagraph (AI tNI"I'"
such waivers." " .
."
.
State edllcational agencies sen.iTlg eligible States that mch
(5) LOCAL APPLICATION.--(A) Each local educational agency
have a poplllatioTl of 3,500.000 or greata and three State
or school requesting a waiver of a Federal statutory or regu
educational agencies serving eligible States that each "have
latory requirement described iii. paragraph (2)(A) and any rel-"
�57
56
evant State statutory or regulatory requirement from a State
educational agency shall submit an application to the State
educational agency at such time, in such manner, and contain
ing such information as·the State educational agency may rea
sonably require. Each sllch application shall-:
(0 indicate each Federal program afrected alld the stat·
utory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected results of
waiving each such reqllirement;
(iii) describe for each school year specific, measurable,
educational goals for each local educational agmcy or
school affected by the proposed waiver; and.
(iv) explain why the waiver will assist the local edu·
cational agency or school in reaching such goals.
(R) A State educational agency shall evaluate an applica'
tion submitted under subparagraph (A) in accordallce with the
State's educational' flexibility' plan described in paragraph
~W
"
.
. (C) A State educational agency shall not apprOt'e an appli·
cation for a waiver under this paragraph unless
.
(i) the local educational agency or school requesting
such waiver has developed a local reform plan that is ap·
plicable to such agency or school, respectively; and
. (ii) the waiver of Federal statutory or regulatory reo
quirements described in paragraph (2)(A) will assist the
locaFeducational agency or school ill reaching its edu·
cational g()(lls.
(6) MUNITORING.-Each State educational agency partici· .
pating" in the demonstration program under this subsection
shall annually monitor the activities of local educational agen·
cies and schools receiving waivers under this subsection alld
shall submit em annual report regarding such monitoring to the
Secretary. .'
..
.
(7) DURATION OF FEDERAL . WANERS.-(A) The Secretary
shall not approve the application of a State educational agency
under par(lgraph (4). for a period exceeding .5 years, excl'pt that
the Secre~ary may extend such period if the Secretary deter·
mines that such agency's authority to grant waivers has been ef
fedive in enabling such .$tate or' affected local educational
agencies or schools to carry out their local reform plans.
(B) The Secretary shall periodically review the performance
of !lny State educational agency grantillg waivers of Federal
statutory or regulatory requirements described in paragraph
(2)(.4.) and shall terminate such agency's authority to grant such
waivers if the Secretary determines, after notice and oppor·
tunity for hearing, that such agency's performance has been in
adequate to justify continuation of such authority.
(() ACCOUNTABILlTY.-In .deciding whether to extend a request
for a. waiver under subsection (a)( 1), or a State educational agency's
authority to. issue waivers under subsection (e), the Secretary shall
review the progress of the State educational agency, local edu
cational agency, or school affected by such waiver or authority to de,
termine if such agency or school has made progress toward achiev.
ing the desired results described in the application submitted pursu·
ant to subsection (a)(2)(B)(iii) or (e)(S)(A)(ii). .
(g) PUBLICAT/ON.-A notice of the Secretary's decision to grant
waivers under subsection (a)( 1) and to authorize State educational
agencies to issue waivers under subsection (e) shciil be published in
the Federal Register and the Secretary shall provide for the dissemi
nation of such notice to State educational agencies, interested par
ties, including educators, parents, students, advocacy aTJd civil
rigJits organizations, other interested parties, and the public.
SEC. 312. PROGRESS REPORTS.
(a) STATE RBPORTS TO THE SECRETARY.-Each State edu·
cational agency that receives funds under this title shall annually
repor~ to the Secretary regarding
(1) progress in meeting State goals and plans;
,
(2) propased'State activities for the succeeding year; and
(3) in summary form, the progress of local educational
agencies in meeting local goals and plans and increasing stu
dent learning.
(b) SECRET;ARY"S REPORTS TO CONGREss.-By April 30, 1996,
and every 2 years thereafter, the Secretary shall submit a report to
the Committee on Education and Labor of the House of Representa
tives and the Committee' on Labor and· Human' Resources of the
Senate desi::ribing.
.
.
(1) the activities assisted under, and outcomes of, grants or
contracts under section 220, including-'' .
.
. . (A) a description of the purpose, uses,' and technical
merit of assessments evaluated with funds awarded under
such paragraph; and
(B) an analysis of the impact of' such. assessments on
the performance of students, particularly students of dif
ferent racial. gender, ethnic, or language groups and indi
viduals with disabilities;
(2) the activities'assisted under, and outcomes of,' allot
ments under this title; and
,
(3) the' effect of waivers' granted under: section 311,
. including-::
(A) a listing of 'all State educational agencies, local
educational agencies' and schools seeking and receiving
waivers,'
(B) a summary of .the State and Federal statutory.or
regulatory' requirements that have .been waived, including
.the number of waivers sought and granted under each such
statutory or regulatory requirement;
. (C) a summary of waivers thai have been terminated,
including a 'rationale for the terminations; and
rD) recommendations to the Congress regarding
changes in statutory or regulatory requirements, particu·
larly those actions that should be taken to overcome Fed·
eral statutory or regulatory impediments to education reo
form.
.
SEC. 313. TECHNICAL AND OTIIER ASSISTANCE REGARDING SCHOOL
.
f.'INANCE EQUITY.
(a) TECHNICAL ASSISTANCE.
�51:1
59
in
(1) IN G/·:Nf:/lAl,.-f'rom fundi; re~erved
each fi~cal year
under section 304(a)(2)(A), the Secn~tary is authorized to make
grants to, and el/ter into contracts and cooperative agreements
with, State educational agencies and other public and private
agencies, institutions, and organizations to provide technical
assistance to State and local educational agencies to assist such
agencies in achieving a greater degree of equity in the distribu
tion of financial resources for education among local edu
cational agencies in the State.
(2) ACTIVITIES.-A grant, contract or cooperative agreement
under this section may support technical assistance activities,
such as
(A) the establishment and operation of a center or cen
ters for the provision of technical assistance to State and
local educational agencies;.
"
(B) the convening of conferences on equalization of re
sources within local educational agencies, .within States,
and among States; and
(C) obtaining advice from experts in the field of school
.
finance equalization.
(b) DATA.-Each $tate educational agency or local educational
agency receiving assistance under the Elementary and Secondary
Education Act of 1965 shall provide such data and information on
school /inance as the Secretary may require to carry out this section.
~_._~.__(£) MODEL..<;.-The Secretary is authorized, directly or through
grants, contracts, or cooperative-agreements;-to-develop-and-dissemi~
nate models and materials useful to States in planning alld imple
menting revisions of the school /inance systems of such States.
SEC. 314. NATIONAL LEADERSHIP.
(a) TECJJNICAL ASSI.4;TANCE AND INTEOItATION OF STANDARDS.
From funds reserved in each fiscal year under section 304(a)(2)(A),
the Secretary may, directly or through grants or cOTltracts
(1) provide technical assistance to States, local educational
agencies, and tribal agencies developing (J1' implementing school
improvement plant;;, in a manner that ensures that such assist
ance is broadly available;
. (2) gather data on, conduct research on,. and evaluate sys
temic education improvement and how such improvement ar
. fects student learning, including the programs assisted under
this title
(3) disseminate research findings and other informatioll Oil
outstanding examples of systemic education imprO!J(wwnt ill
States and local communities thr'ough existing dissemination
. systems within the Department of Education, including through
publications, electronic and telecommunications mediums, con
ferences, and other means;
(4) prOlJide grants to tribal divisions of education for co
._. ---:-,,-_ord,il1a.tion~_effortsbetU!ee1J. s_chool reform plans developed l'or
,:
schools funaed' by the Bureau-ari.CJ>piiblic· si.1ujolsdescribedcin-:--··
section 306(g)(2), including tribal activities in support of sllch
plans;
(5) support national demonstration projects that unite local
and State educational agencies, institutions of higher edu
cation, government, business,' and labor in collaborative ar·
rangements in order to make educational improvements. system-..
wide; anci
(6) support model projects to integrate multiple content
standards, if.
(A) such standards are certified by the National Edu
cation Standards and Improvement Council and approved
by the National Goals Panel for different subject arl'as, in
order to provide balanced and coherent instructional pro·
grams fi)r all students; and
(B) such projects are appropriate for a wide range of
diverse circumstances, localities (including both urban, and
rural communities), and populations.
(b) RI-:SEHVATJON OP FUNDS.
(1) IN GI.:NHIiAL.-The. Secretary shall use at least 50 per
cent of the funds reserved each year under section 304(a)(2)(A)
to make grants, in accordance with the provisions of sectiori.
309(a) that' the Secretary determines appropriate, and provide
. technical and other assistance to urban and rural local edu·
catiollal agencies with large numbers or concentrations of stu
d.mts who are economically disadvantaged or who have limited
English proficiency, to assist such agencies in developing and
implementing local school' improvement plans, except that any
school that received funds under section 309(a) shall not receive
assistance pursuant to this paragraph other than technical as
sistance.
---i~SURvl-;Y.-The--Secrettf.'ry-shall-use-not-less-th(ln'--~__ .
$1,000.000 ol the funds reserved for fiscal year 1994 under sec
tion 304(a)(2)(A} to replicate coordinated services programs that
have been found to be successful in helping students andIami
lies. and improving student outcomes, and shall disseminate in
formation about such programs to schools that plan: to develop
coordinated services programs.
(c) ADMINls1'ItATloN.-Any activities assisted under this section
that involve research shall be administered through the Office of
Educational Research and Improvement.
SEC. 315. ASSISTANCE TO THE OUTLYING AREAS AND TO .THE SEC·
RETARY OF THE INTERIOR.
(a) OUTLYING ARKAS.
(1) IN GKNI-;RAL.~Funds reserved for outlying areas under
sectiolt 304(a)( l)(A) shall be distributed aliwng such areas by
the Secretary according to relative need of such areas..
(2) INAPPLICABILITY OF PUBLIC LAW 95-134.-The provi
sions of Public Law 95-134, permitting the consolidation of
grants to the insular areas, shall not apply to funds re.ceived by
such areas under this title.
.
(b) SECRI-:TARY OF THE INTERIOR.
(1) IN GKNERAL_~The funds reserved fo~ the Secretary of
'. 7,the~1nteriof';undersectio!l :3Q1.ra~(J)(!})shall ,be. J,!ad~: jn.JJ [KlY:- .___.
ment whtch shall be pursuant to an agreement between the Sec: ... - ._..
retary alld the Secretary of the Interi,?r contai~ing such assur
ances and terms as the $ecretary determines -shall best achieve
the provisions of this section and this Act. The agreement shall,
at a minimum, contain assurances that- ' .
.
�60
(A) a panel, as set forth in paragraph (4) of this, sub.
section. shall He established;
, ,
'
(B) a reform and i'mprovement plan, desiglwd to in,
crease student learning and assist students in meeting the
National Education Goals, meeting the require'ments per
taining to State improvement plans required in section 306
and prouiding for the fundamental restructuri,ig and im.
provement of elementary and secondary education in
schools funded by the Bureau, shall be developed by such
panel; and
'
(C) the provisions and activities required under such
State improvement plans, including t~e requirements for
timetables for opportunity-to-learn standards, shall be car.
ried out in. the same time frames and under the same con.
ditions stipulated for the States in sections .10S' and 306,
provided that for, these purposes, the term "local edu
cational agencies" shall be interpreted to mean "schools,
funded. by the 8weau"_
'
,
(2) VOLUNTARY SUBM/SS/ON.-The provisions applicable to
the States in section 213 of this Act shall apply to the Bureau
plan with regard to voluntary submission of standards and as'
sessments to the National Education Standards and Improve
ment Council for review and certification.
.
. (3) PLAN sPEc/F/cs.-Th'e reform and improvement plan
shall inClude. ilt addition to the require"ients described abot!e.
specific provisions for
.
. (A) opportunity to learn standards pertaining to resi
dential programs and transportation costs associated with
programs located on or near reservations or serving stu.
'dentsih, off-reservation residential boarding schools;
'. (8) review and incorporation of the National Education
Goals and the voluntary national content standards, vol.
untary natural student performance standards, and pol.
untary natural opportunity-to· learn , standards developed
under port B of title II of this Act, provided that such re
.~ 'uiew shall include the issues of culturaL'and language dif
,
"
' ' ferences; and
:~
(C) provision for coordination o{. the efforts of the Bu.
1." reau with the efforts for school iliiprovement of thl' Statl's
and local educational agencies in which the schools funded
by the Bureau are located, including the development of the
partnerships outlined in section306(g)(2) of the Act.
'
(4)P,WI!;L.-fA) To carry out the provisions of this sectio'l,
and to develop the plan for system·wide reform and'improve.
ment required under the agreement required under paragraph
(1). the Secretary of the Interior shall establish a panel coordi
, nated by the Assistant Secretary of the Interior for Indian Af
, :
fairs. Such panel shall consist of' (i) ,the Director of the Office of India'n Education Pro.
grams of the Bureau and two heads of other divisions of
such Blirl'au as the Assistant Secretary shall designatl~:
(ii) a designee of the Secretary of Educqtio(l.; and,
(iii) a representative nominated by each of the follow
ing:
61
(/) The organization representing the majority of '
, teachers and professional personnel in schools operated
by the Bureau.
"
'
(Il) The organization representing the majority of
nonteaching personnel ,in Schools 'operated by the Bu·
reau, if not the same organization as in subclause (/).
.
(lll) School administrators of schools operated by
the Bureau.
,
(IV) Education line officers located in Bureau area
or agency offices serving schools funded by the Bureau.
(Y) The organization representing the majority of
contract OT grant schools funded by the Bureau not
,serving students on the Navajo reservation.
(Y/) The organizatii:m representing the majority of
, contract or grant schools funded by the Bureau serving
students on the Navajo reservation.
'
(y1l) The organization. representing the school
boards required by statute for schools operated by the
Bureau not serving students on the Navajo reservation.
(VIll) The organization -representing the $chool
.boards required _by statute for schools·funded by the
, Bureau serving students on the Navajo reservation.
m), Including the, additional members required by para
graph (S). a majority of the members of such ponel shall be
'.from the entities designated under subparagraph (A)(iii).
(S) A[)f)ITIONAL Ml-:MBER.s.-In addition, the.members of the
panel described in paragraph (4) shall designate for fuUmem
bership on the panel four additional members-',
'
(A) one of whom shall be a representative of a national
organization which represents primarily national India'1
'
'
, education concerns; and",.
(8) three of whom shaUbe chairpersons (or their des·
'ignees) of indian tribes with schools funded by the Bureau
Oil their reservations' (other thaI)- those specifically rep·
resented by organizations referred to in paragraph (4»), pro·
'vided that preference for no less than two of these members
shall be given to Indian tribes with a significant number
. of schools funded by the Burea,ll on their reservations, or
with a si~flifica'?t percentage of their children enrolled in
,schools funded by the Bureau.
'
,'
.
(c) BIA COST ANAl,YS/S.-'
.'
(1) IN (;ENERAL.---fA) 1'he Secretary of the Interior shall re
Sl!rlle from tlie funds receitwd pursuant to section .104(a)( l){H)
in the first fiscal year' that· the Secretary of the Interior receit!(!s
SlIclt funds,' an, amount not to exceed $SOO,OOO to provide. '
through the National Academy I)f Scient·/'s or the National
Academy of Education, for an analysis, of the costs associated
with ,"ecting the academic and home.living/residential stand·
ards (Jf the Bureau for each school funded b.y the Bureall.:The
purpose of such analysis shall be to' provide the 'Bureau and the
ponel described in paragraph (4) with baseline data regarding
the current state of operations funded by the Bureau and to pro
vide a framew()rk f()r addressing the implementation of oppor
tun ity-to·learn, standards.
�62
(B) The rl'su/ts of such analysis shall be reported, in a#gre
gatl' and school specific form, to. the chairpersons and ranking
mmorlty men:b~rs of the Committees on EdU('atIOTl alld Lab~)r
und ApprO/!rwtwm; 0r.the House of Representatwe!> ami the Se
leet Comnutlee on Indian Affairs and the Committee on Appro
pnatlOns of the Senl!te, and to the Secreta,ry of the InterIOr, the
Secret.ary of ~d;ucatlOn (wh? shall transmit the r.eport to the ap
proprlOte e~tltles undf!r thIS ~ct), and the ASSIstant Secretary
of the InterIOr for IndlOn ~ffatrs, not later than 6 month!:! after
the date of enactment of thiS Act. . "
,
(2). 'CONTENT.~U.ch anal!~ls shall evaluate the costs of
provldl;:g a program m each s~hool opera~ed or suppo:-ted by
the Bu eau for the next succeedmg aeademlc year and shall be
based on th t d d
,
(A)' e s an ar s el'th er pu bl' h ed' th L' d era I R eg
IS
mere
ister as having effect in schools operated by 'the Bureau un
, the date of enactment of this Act or the standards ,incor
porated into each grant or eontract in effect on such date
with a tribally controlled school funded under section 1128
of Public Law 95-561 (as amended);
(B) the' best projections of student counts alld demo
graphics, as provided by the Bureau and as independently
reviewed by the National Academy of Sciences or the Na
tional Academy of Education; and'
,
(C) the pay and benefit schedules and other personnel
- - . - - - - ,--reqilireiifents-for-each-sch"OOl-operated-by-the-Bureau;-as
, '
such pay aTld benefit schedules and requirement!> existed 011
the date of enactment of this Act,
(dY SECRETARY OF DEFENSE.~The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent practicable. the
purposes of this title are applied to the Department of Df>{ellse
schools,
SEC. 316. CLARIFICATION REGARDING STATE STANDARDS AND AS
SESSMENTS.
Notwithstanding any other provision of thi,~title, stanc/ards ur
State asst>ss;nellts' described, in a State improvement plan submitted
in accordance with section 306 shall not be required io be certified
by the Council,
SEC. 317. STATE PlANNING FOR IMPROVING STUDENT ACllIEV/O;MENT
TIIRO(J(;H INTEGRATION OF TECHNOLOGY INTO TilE CUR
RICULUM.
'
(a) Pwu'>o.%',-lt is the purpose o/" this section to assist .each
State to plan effectively for improved stlldent learning in all schools
through ,the use of technology as an integral part of the State illl
prO!!t'lnent plan described in section 306.
"
'.
(b) P/i(xm.,tM AII1'UORIZ/W,'
(J) AU7'lwun"Y.-The Secretary shall award gralltsill ace
_
cor.da~"!; _3/Jith__gjI0!::a!'...l.!'!2.Jlfl!:!i:!.L fJO!:qgraph (2) to eoch State
'educational agenc:y that; as~part -of its application' uildei ~.;eai{iii -:~~ _-:-0' .
305, request:'! a grant to develop (or continue the developme1lt
ufj, and submits as part of the State improvement plan dt~scribed in sectiull 306, a systemic statewide plan to increase thl'
use of !>tate-of-the-art tedl1wlogie.<; that enhance eleme1ltary and
secondary student .learn ing and staff development in support of
63
.
the National Education Goals and State content standards and
State student performance standards.
(2) FORMULA.-From the amount appropriated pursuant to
the authority of subsection (fJ in each fi.,cal year, each State
educational agency with an application approved undersec:tion
305 !>hall receive a grant under paragraph (1) in such year in
an amount determined on the same basis as allotments are
made to State educational agencies under subsections (b) and
(c) of section 304 for such year, except that each sueh State
shall receive at lea!>t $75,000.
'
(c) Pi.A.N OBJECTNEs.-Each State educational agency shall use
funds received under this section to develop and, if the Secretary
has approved the syst(~mic statewide plan, to implement such plan.
S uc h p Ian s h a If h ave as Its 0 b' ,
.
!Jeetwes
( .
f' h
'
~) the promotw'! 0 hlg ,er ,student achievement through
the u~)e of :echno!~!fY m educatw~,
. '.'
,
(-) the par~/(;lpatlOn of all schools anc! sch~l iitstrlcts In
the State. espectally those schools and d,stnets wah a hl#h per
,
centalf*! or number of dIsadvantaged stude~/ts;
, (.1) the develoP!"ent, and ImplementatIOn of a cost-effectl,ve,
ht#h,s/~eed, stateWide, mteroperable, wlde-area-communtCatlOn
edueatlOnal techll.olo.gy support system for elementary and se~ondary schools wllhln the State, parttcularly fo,. such schools In
rural areas; and ,
,"
,.
(4)_the_pr.olllotlOn_of_shat:.ed_us.age_oLe.quJp.m~1l1,_f-qctlItteS, _ _ _~.__
and other technology resources by adult learners, durmg afterschool hours.
, ,
'
,
(d) PLAN REQUJREMENTS,-At a mmlmum, each systemic state
wide plan shall,
(1) be developed by a task force that.
. (A) includes ainong its members experts in the edu
catiolla~ us~ of t!!chnol~gy and representatives of the State
panel descnbed In sectIOn 306(b); and
.
,
(8) ensures that suc,h pl€!n is i!1-tegrated into the State
Improvement plan,descnbed In .sectlOI! 306;
(2) be developed IT! collaboratwn with the Governor, rep
resentatwes of the State tegtslature, the State board of edu
cation, institutions ?f higher ed~cation, al?propriate State agenCles, local educatlOnal agencles,publtc ar.-d prtuate tele
communication entities, parents, public and school libraries,
students, adult literacy providers, and leaders in the field of
technology, through a process of statewide grassroots outreach
to local educational agencies and ,schools in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school li
brary in order to enhance educational (!urricula" inCluding the
installation and ongoing maintenance of basic .connections,
. '~--=-::;::-'"C-:::"c---~~:-=-hardware:andcthenecessary support materials;:' _:-::."_C.-.-:
(4) describe how the application of advanced technologies in
the schools will enhance student learning, provide greater ac
cess to individllalizedinstruction, promote the ,standards alld
' strategies described in' section 306(d), and help make progress
toward the' achievem'enl of the National Education Goals;
�65
64
(5) describe how the ongoing training of educational per
sonnel will be provided;
.
(6) describe t~e resources necessary, and procedures, for
providing ongoing technical. assistance to carry out such plan;
(7) provide for the dissemination on a statewide basis of ex
emplary programs. and practices relating to the use of tech
twlogy in education;
(8) establish a funding estimate (including a statement of
likely funding sources) and a schedule for the development and
implementation of such plan;
(9) describe hour the State educational agency will assess
the impact of implementing such plan 011 student achievement
and aggregate achievement for schools;
(10) dl!scribe how the Stute ('ducational agency and local
educational agencies iIi the State wil/coordinate and coopl~rate
with husiness alld indiu;try, and with public and private tde
communications cntities;
( 1 V liescribe how the State educational agency will promote
the purchase ofequiplllent by local educational agencies that.
when placed inschoo/s, will meet the highestpossib/e level or
, interoperability and open system design:
.
(12) d.$cribe how the State educational agcllcy will COIl
sider llsing existing teleeommunicatiolls illfrastructurl' alld
technology resources,
.
'
(13) de.'iCribe how the State educational agency will apply
the uses of technology to meet the needs of childrt!/1 from lowincome families;
,
(14) describe the process through which such plall Ivi/{ be,
reviewed and updated periodically: ami .
(15) describ(! hOl/) the State educatioilal agt'Tu:y will /'acili
tate collaboration betlUf~en State literacy resource centers, local
edllcational agencies. and adult and family literacy providers,
to ensure that tei:hnology call he used hy adult and family lit
eracy providers dllring after school hours,
(e) REPORTs:-Each State educatiollal agellcy recl'il'illg a f.,!rllllt
under this section shall.submit a report to ihe Secretary' within 1
year of the date il.,lch agency submits to· the Secretary its systemic
statewide plan un,der this section, Such reportshall.
(1) deschbe the State's progress toware! implcmentu/ioll of
the provisions of sllch plan,
.
(2) describe any revisions to the State's long-range plans for
technology;
,
(3) describe the extent to which reSOUrl'es prollided pursuant'
to sllch plan are' distributed among schools to promote thc
standards and strategies described in s(~ction 306(d): and
(4) include any other information tlte Secretary deems ap
propriate,
.
(j) AUTHORIZATiON OF ApPROPRIATIONS.-Tltere are authorized
to be appropriated $5,000,000 for fiscal year 1994 to carry out tltis
section.
SEC. 318. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND,
CONTROL.
Nothing in this Act shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
LOn·
trol a State, local educational agency, or school's curriculum, pro
gram of instructioTl, or allocation of State or lm:al resources or man
(Iatl' a Statl~ or any subdivision thereof to spend any funds or incur
any costs not paid for under this Act.
.
SEC. 319. ST,tTE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) FINDlNGS,-The Congress finds as follows:
(J) Congress is interested in promoting State and local gov·
ernment reform efforts in education.
,
(2) In Public Law 96-88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation.
(3) In Public Law 96-88 the Congress found that in our
Federal system the responsibility for education is reserved re
spectively to the States and the local school systems and other
instrumentalities of the States.
.'
(4)' In Public Law 96-88 the Congress declared the purpose
of the Department of Education was to supplement and com
pif!ment the efforts of States. the local school systems, and other'
instrumentalities of the States, the private sector, public and
private educational institutions, public and private nonprofit
educational research ,institutions, community based organiza
tions, parents and schools to improve the quality of education.
(5) With the establishment of the Department of Education,
Congress intended to protect the rights of State and local gov
ernments and public and private educational institutions in the
areas of educational policies and administration of programs
and to strengthen and improve the control- of such governments
and institutions over their'own,educaticinal programs and poli
cies.
(6) Public Law 96-88 specified that the establishment of the
Department of Education shall not increase the authority of the
Federal Government over education or diminish the responsibil
ity for education which is reserved to the States and local
school systems and other instrumentalities of the States.
.
(7) Public Law 96-88 specified that no provision of a pro
gram administered by the Secretary or by any other officer, of
the Departme~t of Health, Education, and Welfare shall be COII
strued to authorize the Secretary or any such officer to exercise
any direction, supervision, or control over the curriculum, pro
gram of instruction, administration, or personnel of any edu
cational institution, school, or school system, over any accredit
ing agency .or association or over the selection or content of li
brary resources, textbooks, or other instructional materials by
any educational institution or school system.
(b) Rf:AFI?/RMATION.-The Congress agrees and reaffirms that
the responsibility for control of education is' reserved to the States
and local school systems and other instrumentalities of the States
and that no action shall be taken under the provisions of this Act
by the Federal Government which would, directly or indirectly, im
pose standards or requirements of any kind through the promulga
tion of rules, regulations, provision of financial assistance and oth
erwise, which would reduce, modify, or undercut State and local re
sponsibility for control of education.
77-574 0 - 94 - 3
�•
67
66
(ii) is broadly representative of minority, low-in
come, and other individuals and groups that have an
interest in compensatory education and family literacy;
SEC. 461. PARENTAl. INFORMATION ANI> RESOURCE CENTERS_
(C) use at least one-half of the funds provided under
(a) PUlil'08E.-1'he purpose of til is titil! is
this Act in each fiscal year to serve areas with high con
(1) to increase parents' kllowledt-:e of and confidence m
centrations of low-income families in order to serve parents
child·rearing activities, such as leaching and nurturing their
who are severely educationally or economically disadvan
young children;
.
taged;
(2) to strengthen /Xlrtnerships between parents and profes·
(D) operate a center of sufficient size; scope, and qual
sionals in I'neeting the educational ne(!ds of children· aged birth
ity to ensure that the center is adequate to serve the parents
through 5 and the working relationship between home and
in the area;
.
.
(E) serve both urban and rural areas;
schoal;
(3) to enhanc£ the developmental progress ·of children as·
(F) design center that meets the unique training, in
formation, and support needs of parents described in sub
sisted under this title; and
paragraphs (A) and (B) of section 40J(b)(1), particularly
(4) to fund at least 1 parental" in/ormation and reSOllrc{'
center iii each State before September 30, 1998.
.
parents who are educationally or economically disadvan
(b) GRANTS AUTflORIZElJ.---':
taged;
(G) demonstrate the capacity and expertise to conduct
(1) IN G/-:NliRAL.-The Secretary is authorized to award
the effe.ctive training·information and support activities lor
grants iTl each fiscal year to nonprofit organizations, and Il<Jrl
profit organizations in consortia with local educational agel!
which assistance ,s sought;
(H) network with
cies, to establiHh parental information aTld resource ce,iters that
(i) clearinghouses;
provide trainhtg, information, and support to
(il) parent centers for the parents of infants, tod
(A) parents of children aged birth through 5 years;
dlers, children, and youth with disabilities served
. (8) parents of children enrolled in elementary and sec
under section 631(e) of the Individuals with Disabil
ondary schools' and .
.
--~-' -7C)[ndlviduals who workwithih-e-p-a-r-e-'""""'lt'-s-(1escriljecrifl - - - - - - - - - - - - - , - - -
ities·Education-Act;-----~-------~---.
(iii) other organizations and agencies;
subparagraphs (A) and (B).
(iv) established national, State, and local parent
(2) AWARD RULE.-In awarding grants under this title, the
groups representing the full range of parents of chil
Secretary shaLL ensure that such grants are distributed, to the
.
dren, aged birth through 5 years; and
greatest exle,it possible, to all geographic regions o[.the United
(Il) parents of children enrolled in elementary and
States.
secondary schools;
SEC. 402. APPLICATIONS.
0) /Ocus on serving parents described in subpara
(a) GRANTS ApPUCATIONS.
graphs (A) and (B) of section 401(b) who are parents of low
(1) IN GENERAL.-Each nonprofit organization and flon:
income, minority, and limited-English proficient, children;
profit organization in consortium with·a local educational age'l
and
.
cy which desires a grant under this title shall submit an appli
(J) use part ofthe funds received under this title to es
cation to the Secretary at such time and in such marmer as the
tablish, expand, or operate Parents as Teachers programs
&cretary shaLL determine.
or Home Illstruction for Preschool Youngsters programs.
(2) CONTENTS.-Each application submitted under para
(b) GRANT RENEWAl~-lll each fiscal year after the first fiscal
graph (1) shall, at a minimum, include assurances that a
year a grantee receives assistance under this title, the grail tee shall
grantee will
demonstrate in the application submitted for each fiscal year after
(A)(i) be governed by a board of directors the member
such first year that a portion of the servic.es provided by such grant
ship of which includes parents; or
.
ee is supported through non-Federal contributions, which contribu
(ii) be an organization that represents the interests of
tions may be in cash or in kind.
parents;·
.
.
SEC. 403. USES OF FUNDS.
(B) establish a special advisory committee the memberGrant funds received under this title may be used~
c_~/Jip 9[ ~(1ji~Cludes::::":-:--c-- ~ -c~_~ - - .
- c·c .7"U)-[or -parent_ trc!~'1ing, .information!._an.d.:supporlprograTrj.s
that assist parents· to-:.- - - ..-.- ~
- - -. .
(l) parents described in subparagraphs (A)
(A) better understand their children's educational
and (B) of section 401(b)(1); and
needs;
.
(II) representatives of education professionals
(B) provide followup support for their children's edu
with expertise in improving services for disadvan
. cational achievement;
.
.
taged children; and
TITLE IV-PARENTAL ASSISTANCE
a
�68
69
(3) the term "Home Instruction for Preschool Youngsters
(C) communicate more 'effectively with teachers, coun
program" means a voluntary' early-learning program for par·
selors, administrators, and' other professional educators
ents with one or more children between the ages of 3 thrqugh
and supjlOrt staff;
5, that'
,
(D) participate in the design and provision of assist
(A) provides support, training, and appropriate edu
ance, to students who are not making adequate educational
, cational materials necessary for parents to implement a
progress;
school-readiness, home instruction program for their child;
(E) obtain information about the range of options, pro.
and
grams, services, and resources available at the national.
(B) includes
State, 'alid local levels to assist parents described in sub
(i) group meetings with other parents participating
paragraphs (A) and (B) of section 401(b);
in the program;
(F) ,seek technical assistance regarding compliance with
(ii) individual and group learning'experiences with
the requirements of this,titleatid of other Federal programs
the parent 'and child;
'"
relevant to achieving the National Education Goals;
(iii) provision of resource materials on child devel·
(G) participate in State 'and local decisionmaking;
(H) train other parents; and
opment and parent-child learning activities; and
'
,,
,
(iv) othe.r ,activities that enable the parent to im·,
(J) plan, implement, and fund activities that coordinate
prove learning in the home.
'
the education of their children with other Federal programs
that serve their children or their families; and
.
SEC. 406. REPORTS.
(2) (0 include State or local educational personnel where
Each organization receiving ,a grant under this title shall sub
such participation will further the activities assisted under the'
mit to ,the Secretary,on an annual basis, information concerning
grant
'
,
,
the parental information and resource centers assisted under this
,SEC. 404. TECH,NICAL ASSISTANCE.
title, including-":'
The Secretary shall provide technical assistance, by grant or
(1) the number of parents, including the ,number of minor
contract, for the establishment, development, and coordination of
ity and limited·EngLish·proficient parents, who receive informa
parent training, information and support pr.ograms and parental
tion and training;
,
'information and resource centers.
, (2) the types and modes of training, information, and sup
SEC. 405. DEFINITIONS.'
port provided under this title;
(3) the' number of Parents as Teachers programs and Home
For pu'rposes of this tit/e
Instruction for preschool Youngsters programs which have been
(1) the term "parent education" includes parent support ac
assisted under this title; and,
tivities, the provision of resource materiaLs on child develop
(4) the strategies used to reach and serve parents of minor-'
ment, parent-child learning activities and child rearing issues,
ity and limited· EngLish-proficient children, parents with limited
'private a nd group educational guidance, 'individual and group
literacy skills, and other parents in need of the services pro
learning experzences for the parent and ch,ild, and other activi
vided under this title_
ties that enable the parent to improve Learning in the home;
(2) the~erm "Parents as Teachers program" means a vol;,
SEC. 407. GENERAL PROVISION.
untary early:childhoodparent education program that
Notwithstanding any other provision of this title-:-..
(A) "is designed to provide aU parents of children from
(1) no person, including a parent who educates a child at
birth ,throughage 5 with the information and support sUch
home" public school parent, or private school parent, shall be re-'
parents need ,to give their child a solid foundation for
quired to participate in any program of parent education or de
school success;
,
velopmental screening pursuant to the provisions ofthis title;
(B) is based on the Missouri Parents as Teachers model
(2) no program assisted under this title shall take any ac
with the philosophy that parents are their child's first and
tion that infringes in any manner, on the right of a parent to
most influentiaL teachers;
direct the education of their children; and
(C) provides
(3) the provisions of section 438(c) of the General Education
(i) regularly scheduled personal visits with fami
Provision Act shall apply to organizations awarded grants
lies by certified parent educators;
under this titLe_
(it) regularly scheduled developmental screenings;
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
and
There are authorized to be appropriated such sums as. may be
(iii) linkage with other resources within the com
necessary for each of the fiscal years 1995 through 1998 to carry out
munity in order to provide services that parents may
this title.
want and need, ~cept that such services are beyond
the scope of the Parents as Teachers program;
�70
71
SEC. 503. ESTABUSIlMENT OF NATIONAL BOARD.
(a) IN GENERAL.-There is established a National Skill Stand
ards Board (hereafter in this title referred to as the "National
Board").
(b) COMPOSITION.
SEC. 501. SIIORT TITLE.
(1) IN GENA'RAL.-The National Board shall be composed of
This title may be cited as the "National Skill Standards Act of
28 members (appointed in accordance with poragraph (3)), of
1994".
whom'
SEC. 502. PURPOSE.
(A) one member shall be the Secretary of Labor; ,
It is the purpose of this title to establish a National Skill
(B) one member shall be the Secretary of Education;
Standards Board to serve as a catalyst in stimulating the develop
(C) one member shall be the Secretary of Commerce;
ment and adoption of a voluntary national system of skill standards
(0) one member shall be the Chairperson of the Na
and of assessment and certification of attainment of skill
tional Education Standards and Improvement Council es
standards
tablished pursuant to section 212(a);
(1) that will serve as a cornerstone of the national strategy
(E) eight members shall be representatives of business
to enhance workforce skills;
(including representatives of small employers and rep
(2) that will result in increased productivity, economic
resentatives of large employers) selected from among indi
growth, and America" economic competitiveness; and
viduals recommended by recognized national business orga·
(3) that can be used, consistent with civil rights laws
nizations or trqde associations;
.
(A) by the Nation, to ensure the development of a high
(F) eight members shall be representatives of organized
skills, high quality, high performance workforce, including
labor selected from among individuals recommended by
the most skilled frontline workforce in the world;
recognized national labor federationS; and
(B) by industries, as a vehicle for informing training
(G)m 2 members shall be neutral, qualified human re
providers and prospective employees of skills necessary for
source professionals; and
employment;
(ii) 6 members shall be representatives from the follow·
._JCLby.employers,_to.assisLin.evaluating.the.skiIUevels..,.,_ _~
ing groups, with at least 1 member from each group:
-:--------'~~ aTEilucational-ilfStitutions-(including·vocational·-----
of prospective employees and to assist in the training of
current employees;
,
technical institutions).
(D) by labor organizations, to enhance the employment
(II) Community· based organizations.
security of workers by providing portable credentials and
(III) State and local governments.
skills;
,
(N) Nongovernmental organizations with a dem
(E) by workers, toonstrated history of successfully protecting the rights of
racial, ethnic, or religious minorities, women, individ
W obtain certifications of their skills to protect
against dislocation;
,
uals with disabilities, or older persons.
(ii) pursue career advancement; and
, (2) DIVERSITY REQUlREMENTS.-The members described in
subparagraph .(0) of parafJ~aph(1) shall have expertise. in. the
(iii) enhance th,eir ability to reenter the workforce;
area of educatwn and traznmg. The 'members descrtbed zn sub·
(F) by students and entry level workers, to determine
paragraphs (E), (F), and (G) of paragraph (1) shall- .
the skill levels and competencies needed to be obtained in
(A) in the aggregate, 'represent a broad cross·section of
order to compete effectiuelyfor high wage jobs;
occupations and industries; and'
"
'
(G) by training providers and educators, to determine
appropriate training services to offer;
, (B) to the extent feasible, be geographically representa
tive of the United States and reflect the racial, ethnic, and
(H) by government, to evaluate whether publicly funded
gender diversity of the United States.
'"
training assists participants to meet skill standards where
(3) APPOINTMENT.-The membership of the National Board
such standards exist and thereby protect the integrity of
public expenditures;
shall be appointed as follows:
'
' "
'
(A) Twelve members (four from each class of members
(I) to facilitate the transition to high performance work
organizations;
described in subparagraphs (E), (Fl, and (G) of paragraph
( I)) shall be appointed by the President.
,
(J) to increase opportunities for minorities and women,
(IJ) Six members (two from each class of members de
including,removing-. barriers- to -the centry"of..-.women -into
,:..____.
scrilied'flf-slibpafiigfaphs' c ( EX (F), and: (O)-,ofparagraph
nontraditional employment; and
(1)) shall be appointed by the Speaker of the House of Rep
, (K) to facilitate linkages between other components of
resentatives, of whom three members (one from each class
the national strategy to enhance workforce skills, including
of f!1embers described in subparagraphs (E), (F), and (0) of
school-to-work transition, secondary,and postsecondary vo.
paragraph (1)) ,shall be selected from recommendations
cational-technical education, and job training programs.
TITLE V-NATIONAL SKILL STANDARDS
BOARD
�72
ma,de by the Majority Leader of the House of Representa
tives and three members (one from each class of members
described in subparagraphs (E), (F), and (0) of paragraph
, (I)) shall be selected from recommendations made by the
Minority Leader of the House of Representatives.
(C) Six members (two from each class of members de
scribed in subparagraphs (EX (F), and (G) of paragraph
(1)) shall be appointed by the President pro tempore of the
Senate, of whom three members (one from each class of
members described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be selected from recommendations
made by the Majority Leader of the Senate and three mem
bers (one from each class of members described in subpara
graphs (E), (F), and (G) of paragraph (1)) shall be selected
from recommendations made by the Minority Leader of the
Senate.
(4) Ex OFFICIO NONVOTING MEMBERS.-The members of the
National Board specified in subparagraphs rA), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting members of
the National Board.
" (5) TERM.-Each member of the National Board appointed
under· subparagraph (E), (F), or (OJ of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial mem
bers of the Boord appointed under such subparagraphs
(A) twelve members shall be appointed for a term of 3
years (four from each class of members described in sub,
piiragraphs (E), (F), and (G) of paragraph (1)), of whom
(i) two from each such class shall be 'appointed in
accordance with paragraph (3)(A);
(U) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4
"'. years (four from each Class of members described in sub
paragraphs (E), (F), and (G) of paragraph (1)), of whom
(i) two from each such class shall be appointed in
,
accordance with paragraph (3)(A);·
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(6) VACANCIEs.-Any vacancy in the National Board shall
not affect its powers, but shall be filled in the same manner as
the original appointment.·
(c) CliAlRPERSON AND VICE CllAlRPERSONS.
(1) CHAIRPERSON.
(A) IN GENERAL.-Except as provided in subparagraph
(B), the National Board, by majority vote, shall elect ,a,
Chairperson once every 2 years from among the members of
the National Board.
(B) INITIAL CIIAIRPERSON.-The first Chairperson of
the.. National Board shall be elected, by a majority vote of
the National Board, from among the members who are rep
73
resentatiU(~,<; of business (as described in subparagraph (E)
of sub.'welion (b)( 1)) and shall serve for a term 0(2 years.
(2) VIC,.: CIIAIRPERSONs.-The National Board, by majority
vote, shall anrwally elect 3 Vice Chairpersons (each represent
ing a different class of the classes of members described in sub·
paragraphs (E), Oi,), and (G) of subsection (b)(l) and each of
whom shall serve for a term of 1 year) from among its members
appointed under subsection (b)(3).
(d) COMN:NSA'I'ION AND EXPENSES..
(1) COMPENSATION.-All Members of the National Board
who are not full-time employees or officers of the Federal Gov
ermnent shall serve without compensation. All members 'of the
National Board who are officers or employees' of the United
States 'shall serve without compensation in addition to that re
ceived for their services as officers or employees of the United
States.
.
(2) EXPENSES.-The members of the National Board shall
be allowed travel expenses, including per diem in lieu of sub
sistence, at rates authoriz'ed for employees of agencies under
subchapter I of chapter 57, title 5, United States Code, while
away from th*~ir homes or regular places of business'in the per
formance of services for the National Board.
(e) EXr:CUTIVE DIRECTOR AND STAFF.
, (1) EXECUTIVE DIRECTOR.-The Chairperson of the Na
tional B()arll shall appoint an Executive. Director who shall be
compensated at a rate determined by the National Board, not
to exceed the, rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) STAFF.
(AJ IN GENERA/,,-The Executive Director may appoint
and compensate such additional staff as may be necessary
to enable the Board to perform .its duties. Such staff shall
include at least one individual with expertise in m~asure·
ment and assessment.
(BJ COMPENSATION.-The Executive Director may fix
the compensation of the staff without regard to the provi
,<lions of chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate ofpay
for the staff may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title ..
({J VOLUNTARY AND UNCOMPENS/"TED SERVlcr:S.-Notwith
standing section 1342 of title ;n, United States Code, the National
Board is aut/wrized, in carrying out this title, to accept voluntary
and IIllcomliimsated services. .'
AGENCY SUPPORT.
()) USE OF "'ACILlTI,.;S.-The National Board may use thl.'
, research. equipment, services, and facilities of a;ry agenc:v or in·
strll1nentality of the United States with the consent of such
agency or instrllmentality.
.
(2J STAn' OF "'EDERAL AGENC/,.;S.-Upon tile request, of the
National Board. the head of any Federal agency of the United
,States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist the
�7"
75
Natiomd Bual'd in carryillg olil this. till.., 8uch detail shall be
Wlt/Ut"t ~flh:;;up.tw~~, (~r ~t:::s o( civil sauiee siatlls or priuiit'ge,
, (h) C()N~LlCl oJ.1N1J..Nf..'iI.-AIl lIIthllldual whtl has served as
a lII,ember 01 the NatlO/lal Bow,tl may /lot have aI/)' linancial ill tel"
est U/ (UI. assessment a//(I certification system deVeloped ur cndursed
~md('r tillS title {clr (/ penod 01 J years alia the terminatio/l of S('I'V'
tce ofsuch lIIdwulual from the National Buard,
, ,,(t) {JUO'YHl;MJ.:NT OF TEMPOHAHY ,Wf) INTf.:IlMl1 rJ..'NT SJ.:!{V
IU,,'i,-7/w Chmrp(;rson of the N(J~wl/(Ii Board may procure tellt.
~Urtlry and 1Ilterlll!ttent serVices ,01 (~xp('rts and cOl/sliltants· IInder
sectlOn ~/09(b) of ltlle 5, U~uled,Slates Code,
UJ '/ f.HMINATlON,-The Natwl/a/ Board shall termillate on Sep
tember 30 1 9 9 9 '
.,
'
SEC. 504, FUNCTIONS OF TilE NATWNAL BOARD,
(a) IIJI-:NTlJ.'IC,\7'ION OF ()CClJh\TIONM. CI.USTERS,
( 1) IN (iENJ.:/(;~L-S"bjeci to /larugraph (2j, Ihe National
Board shall ulellltfy broad dusters of lIIajor occupations thai
Involve lor 11101'1' thalt 1 mdustry ill Iile Uniled Slates ami thClt
slflare characteristiCs thai are appropriate for the develiJpment
o COII/II/on skill s t a l / d a r d s , ·
b
,PH.()::J.~D{lUI-:S FOH IDft'NTWIC.,\TION,-Prior 10 ic/entih'illg
roac tiust( rs of,nUljor occupatIOns /III,der /lan/Nrclph (I), tht'
------'--..IY.!!.tl:!!.nal Board shall engage 11/ I!xtt'llswe pI/bill' consultation
Ilflducbhnirsohclfatwn-of-publit'-.comll/(!T/LOII_p.wp.osed cl/lster~
t I mill( , PUbftctlt!on tn. the Federal Register,
(bJ E.':i7,AllLlSIIM",NT 0" VOLUt:JTANY PAHTN":USIIIPS To DEVI-:I.OP
S TANDARDs,
(1) IN GJ..NHH.AI. _ . . ,
,,'
'd' t I' I
'
,~or. ea,ch. of tlte ou;upatwlltl/ clusters
I ~:' I /1.( purdsl{cla~lt,.tu slllhJsectwlI (a), the NatIOnal Board shall
~hnco~rageda/l I at.l Ita~e t e establtshmelll of voluntary partflt'r·
1> IpS to
eve op a skill standards syst
'
'd
'I
em 111 atcor alice WIt t
subsection ( d ) , '
I
h"
(2) REPHESJ..'NTATIV,,-,S -S _/
include the full ~I/d balc;~~ed ;~:ti~t)~;~~~~!artners IpS shall
(A){t) representatives of b .' ., (' I d'
'
.'
,
tlveS of larf'e eml)/oyers and usmess UIC LUes 0 f representa '
represel/ t a t'U Lng sll/a II em,
c>
ployers) who have eX/Jerti·'e I'lt the
f
k{c
. k'il
."
area d b
,
t'
I I '
qUlrements and who are recolltT"end 0 wor orce sire·
,
,
•
e
y
ness organizations or trade a~socl'atl'ons '~ na tOlla JUSt
I'
'
~,epresen tllg em·
p Ioyers Ln the occupatIOn or industry fo ' wh' h
,t d d
is being developed; and
l'
IC a 1> all ar
, (ii) representatives of trade associations that have re
cewed grants from the Department of Labor or II D
t
,
'
Ie to the
ment 0 f Ed ueatlOn to e~tablishskill standards rior epar
date of enactment of tlus title;
...
p
,
(B) employee rel!resentatives who have expertise in the
area orw?rkforc,e~klllr~qui,rejllellts_a"d who shall be
,
(I) IIIdWlduals. rec,ommen'di.;d'''by' ret;ogiil.zw'no':
tlOnal labor orgalllf!atlOns representing· employees i fI
th~ occupatIOn or Industry for which a standard is
betng,~eveloped; and
.
(ll) such .other, ifl~iuiduals who are nonmanagerial
employees wt,th stgntficallt experience and tenure in
such occupatlOn or industry as are appropriate given
v
(7)
.
t~e nature and structure of employment in the occupa
tton or lIldustry;
(C) representatives of
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative
control or direction over education, vocational-technical
.
education, or employment and training;
(iv) other policy development organizations with
expertise in the area of workforce skill requirements;
and
"
,
(v) non·governmentalorgantzatwTlS wtth a dem
onstrated history of successfully protecting the rights of
racial, ethnic, or religious minorities, women, individ·
' uals with disabilities, or older persons; and
(D) individuals with expertise in measurement and as·
sessment, including relevant experience in designing unbi
ased assessments and performance-based assessments,
(3) EXPERTS,-The partnerships described in paragraph (1)
may also include, su'ch ,other individuals who are independent,
qualified experts tn thetr fields, .
(c) RESEARCH, DISSEMINATION, AND COORDINATION,-In order
to support the activities described iTt subsections (b) and (d), the Na·
-~ __tiOl:tg.1 Board shall
--O)roooiJ.ct-workforce-resear.chJ..eJf1.J.jng to skill standards
.
---;r--:-J· '
(me / If. d'
Ing r~s,!arc;h i '
re attng to use 0 f s k'll-staltu.aru.tnn-co~p I'
I
1--
ance With clOtl nghts laws) and make such research avat/able
to the public, including the voluntary partnerships described ilt
subsection ( b ) - '
'
!
,',
. ,
(2) ident~fy ,and matntatn a catalog of,sktll standard~ used
by other countries and by States and leadtng firms aud tndus,
tries in t.he Uni~ed State~;
,
' '
, ' r '
(3) serve as a clearmghouse to facilltate the sharing of tn
r.
'
h
f s'k'll t
,ormatIOn on ' e d eueIopment 0. ' sand ard" an'd uther reI
t
s
, r. t
'f
'
evant 1II,0rmatlOn among representattves 0 occupatIOns an d tn
'denlt'fi d b '
/) t h e vo I untary
'
dustrws t
Ie pursuant to su sectIOn \a,
'
'
partners h' d escrl'be d tn su b sectIOn (b) ,and among e d '
tpS
ucatwn
"
an d tramlllg prom'd ers t h roug h sue h mech '
antsms as th e C
Japac
ity Buildillg and Information and Dissemtnation Network es
tablished under section 453(b) of the Job. Training Partnership
Act (29 U.S.C, 1733(b)) and the Educatwnal Resources Infor·
'C
matton enter, C l ' h ouses;
eanng
',' ,
(4) dev,elop a common nomenclature relattng to skdl stand
ards; ,
. '
, '
,
. (5) ~n.courage, t!te develoPTfl,ent and ad?ptwn of curricula
and tratnlllg materials, fo~ attallltng the sktll standards devel·
. -coped c pursu~11:Lto: ,subSl!.ct!on ,(dJ, that provtde for, structured
work expenences and rel?-ted' study 'prog~ams,lep:d..tng: t'!.-:lJr:Q
gressive levels of professIOnal and techmcal certtficatlOn and
postsecondar:y education;,.
,
. .
'
(6) prOVide appropnate techmcal assIstance to voluntary
'partnershil!s inl!olved in ~he development of standards and sys
terns descnbed tn subsectIOn (b); and
�··r·..··
77
76
criminatory with respect to race, color, gender, age,.
(7) facilitate coordination among lJoluntary partnerships
religion, ethnicity, disability, or national. origin,
that meet the requirements of subsection (b) to promote the de
consistent with Federal civil rights laws. '
velopment of a coherent national system of volulttary skill
standards.
(iii) A system to promote the use of and to dissemi
nate information relating to skiU standards, and as
(d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.-'
sessment and certification systems, developed pursuant
(1) DEVELOPMENT OF ENDORSEMENT CRITERIA.--{A) The
to this paragraph (including dissemination of informa
National Board, after extensive public consultation,' shall de.
tion relating to civil rights LOws relevant to the use of
velop objective criteria for endorsing skill sta,ndards systems reo
such standards and systems) to entities such as institu
lating to the occupational clusters identified pursuant to sub.
tions of higher education offering professional and
section (a). Such criteria shall, at a minimum, include the com.
technical education, labor organizations, trade associa
ponents of a skill standards system described in subparagraph
tions, employers providing formalized training, and
(B). The endorsement 'criteria shall be published in the Federal
. Register, and updated as appropriate.
other organizations likely to benefit from such stand
ards and systems.
(B) The skill standards systems endorsed pursuant to para.
(iv)'A system. to evaluate the implementation of the
graph (1) shall have one or more of the following components:
skill standards, 'and assessment and certification..sys
(i) Voluntary skill standards, which at a
minimum
tems developed pursuant to this paragraph, and the e{
fectiveness of the information disseminated pursuant to
.
(I) take into account relevant standards used
subparagraph (C) for informing the' users of such
in .other countries and relevant international
standards;
standards and systems of the requirements of relevant
civil rights laws_
(Il) meet or exceed the highest applicable
. (v) A system to periodically revise and update the
standards used in the United States, including ap
skill standards, and assessment arid certification sys
prenticeship standards registered under the Act of
tems developed pursuant to this paragraph, which will
August 16, 1937 (commonly known as the "Na·
take into account· changes in stqndards in other
tional Apprenticeship Act", 50 Stat. 664, chapter
. countries_
663, 29 U.S.C. 50 et seq.);
.
(2) ENDORSEMENT.-The National Board, after public reo.
(Ill) take into account content and perform·
view and comment, shall endorse those skill standards systems
ance standards certified pursuant to title II;
relating to the occupational clusters identifU!d pursuant to sub
(N) take into account the requirements. of high
.
section (a) thatperformance work organizations;
.
(A) meet the objective endorsement criteria that are de
(V) are in a form that allows for regular up·
veloped pursuant to paragraph (1); and
dating to take into account advances in technology
(B) are submitted by voluntary partnerships that meet
or other developments within' the occupational
cluster;
the requirements of subsection (b).
(e) RELATIONSHIP WITH CIVIL RIGHTS LAwS....:....
(VI) are formulated in such a manner that
(1) IN GENERAL-Nothing in this title shall be construed to
promotes the' partability of credentials and facili·
modify or affect any Federal or State law prohibiting discrimi
tates worker mobility within an occupational clus.
nation on the basis of race, color, gender, age, religion, eth
ter or industry and among industries; and
nicity, disability, or national origin.
. (v1l) are not discriminatory with respect to
(2) EVIDENCE.-The endorsement or absence of an endorse
race, color, gender, age, religion, ethnicity, disabil·
ment by the National Boord of a skill. standard, or assessment
ity, or national origin,' consistent with Federal civil
rights laws.
and certification system, under subsection (d) shall not be used
in any action or proceeding to establish that the use of a skill
(ii) A voluntary system. of assessment and certifi
standard or assessment and certification system conforms or
. cation of the attainment of skill standards developed
.
pursuant to subparagraph (A), which at a minimum does not conform to the requirements of civil rights laws.
COORDlNATION.-The National Board shall establish cooper
(I) has been developed after taking into ac
ative arrangements with the National Education Standards and
count relevant methods of such assessment and
Improvement Council to promote the coordination of the develop
certification used in other countries;
ment of skill standards under this section with the development of
(II) utilizes a variety of evaluation techniques,
voluntary national content standards and voluntary national stu
including, where appropriate, oral and written
dent performance standards in accordance with section 213.
evaluations, portfolio assessments, and perform·
.
(g) FINANCIAL ASSISTANCE.
ance tests; and
(1) IN GENERAL.-.:.From funds appropriated pursuant to
(Ill) includes methods for establishing that the
section 507
assessment and certification system is not dis
m
�78
79
SEC. SO? AUTHORIZATION OF APPROPRIATIONS.
(A) the National Boord may cnter into cOl/tracts and
(a) IN GENERAL.-There are authorized to be appropriated· to
cooperative agreements to carry out the purposes of this
carry out this title $15,000,000 for fiscal year 1994 and such sums
title; and
as may be necessary for each offiscal years 1995 through 1999.
.(B) the Secretary of Labor may, in accordance Lvith
(b) AVAlLABILITY.-Amounts appropriated pursuant to sub
paragraph (2), award grants to voluntary partnerships for
section (a) shall remain available until expended.
the development of skill standards systems meeting the re
SEC. 508. DEFINITIONS.
quirements of subsection (d).
For purposes of this title, the following definitions apply:
(2) GRANTS TO VOLUNTARY PARTNERSHlPS.
(1) COMMUNITY·BASED ORGANIZATIONS.-The term "commu
(A) ELIGIBILITY AND APPLlCATION.-Voluntary partner
nity-based organizations" has the meaning given the term in
ships that meet the requirements of subsection (b) shall be
section 4(5) of the Job Training Partnership Act (29 U.S.C.
eligible to apply for a grant under this subsection. Each
1503(5))..
such voluntary partnership desiring a grant shall submit
(2) EDUCATIONALlNSTITUTION.-The term "educational in
an application to the National Board at such time, in such
stitution" means a high sclWol, a vocational school, and an in·
manner, and accompanied by such information as the Na
stitution of higher education.
.
tional Board may reasonably require.
(3) INSTITUTION OF HIGHER EDUCATION.-The term "institu·
. (B) REVIEW AND' RECOMMENDATION.-The National
tion of higher education" means an institution of higher edu
Board shall review each application submitted pursuant to
cation (as such term is defined in section 481 of the Higher
subparagraph (A) in accordance with the objective criteria
Education Act of 1965 (20 U.S.C. 1088)) which continues to
published pursuant to subparagraph (C) and shall forward
meet the eligibility and certification requirements under section
each such application to the Secretary of Labor accom·
498 of such Act.
(4) SKILL STANDARD.-The term "skill standard" means a
panied by a nonbinding recommendation for the approval
standard that specifies the level of knowledge and competence
or disapproval of each such application by the Secretary.
required to successfully perform work-related functions within
(C) CRITERIA FOR REVIEW.-Prior to each fiscal year,
--the-National-Board-shalLpublish_o.bje.c.tiIlLcriteria to be
____ __an occupational cluster.
used by the Board in reviewing applications under sub· - - -
SEC. 50;' SUNSET PRovisioN.----- ----- - - - . - -
paragraph (B).
.
(a) REPEAL.-This title is repealed on September 30, 1999.
(3) LIMITATION ON USE OF FUNDS.
(b) REVIEW OF REPEAL.-It is the sense of the Congr.ess that the
(A) IN GENERAL.-Not more than 20 percent of the
appropriate committees of the Congress should review the accom
funds appropriated pursuant to the authority of section
plishments of the National Board prior to the date of repeal de
507(a) for each fiscal year shall be used by the National
scribed in subsection (a) in order to determine whether it is appro
Board for the costs of administration.
priate to extend the authorities provided under this title. for a p£riod
. (B) COSTS OF ADMINISTRATION DEFlNED.-For purposes
beyond such date.
of this paragraph, the term "costs of administration" means
costs relating to staff, supplies, equipment, space, and trav
TITLE VI-INTERNATIONAL EDUCATION
el and per diem, costs of conducting meetings and con
.
PROGRAM
ferences, and other related costs..
SEC. 505. DEADLlNES.
SEC. 601. INTERNATIONAL EDUCATION PROGRAM.
Not later than December 31, 1995, the National Board shall, at
(a) PROGRAM ESTABLISHED.-The Secretary. with the concur
a minimum
rence of the Director of the United States Information Agency and
(1) identify occupational clusters pursuant to section 504(a)
with the foreign policy guidance of the Secretary of State, shall
representing a substantial portion of the workforce; and
carry out an International Education Program in accordance with
(2) promote the development of an initial set of skill stand
this -section that shall provide
ards in accordance with section 504(d) for such clusters.
(1) the study of international education programs and de
. .
livery :''Ystems; and
SEC. 500. REPORTS.
(2) an international education exchange program.
:::-:c,-:--:TheNational Board .. s/wll prepare and submit to the President
and the Congress in each of the fiscal"years'1994 tliroiigh '1999;' a -(b) .-ASSESSMh:NJ':.AND_ .1i'YFOI1MATION..:....The Secretary shall
award grants for the study, eooluation-;-and--analysisoreducation
report on the activities conducted under this title. Such report shall
systems in other nations, particularly Great Britain, France, Oer
include information on the extent to which skill standards have
many and Japan..Such studies shall locus upon a comparative
been adopted by employers, training providers, and other entities,
analysis of curriculum, methooology, anti. organizational structure,
and on the effectiveness'ofsuch standards in accomplishi"g the pur
including the length of the school year and school day. In addition,
poses described in section 502.
�80
the studies shall provide an analysis of successful stratc}!ies em,
ployed by other nations to improve student' achievement, with a spe
cific focus upon ilpplication to schooling ahd tlie National Edu
cation Goals.
(c) INTERNATIONAL EDUCATION EXClJANGE.
(1) REQuiREMENT.- '
.
(A) IN GENERAL.-The Secretary,.in consultation with
the Director of the United States Information Agency, shall
carry out a program to be known as the International Edu
'cation Exchange Program. Under such program the Sec
retary shall award grants to or enter into contracts with or
.ganizations with demonstrated effectiveness or expertise 'in
international achievement comparisons, in order to-
,
(i) make available to educators from eligible coun
tries exemplary curricl,llum and teacher training pro
grams in civics and government education and eco
nomic education developed in the United States;
(ii) assist eligible countries in the adaptation and
implementation of such programs or joint research con
cerning such programs;
,
(iii) create and implement educational programs
for United States students which draw upon the experi
'encesof emerging constitutional democracies;
. (iv) provide a means for the exchange of ideas and
experiences in civics and government education and
economic education antOng political, educational. and
private sector leaders of participating eligible countries;
and
(v) provide support for-.
(/) research and evaluation to determine the
effects of educational programs on' students' devel
opment of the knowledge. skills, and traits of char
acter essential for the preservation and improve
ment of constitutional democracy; and
(II) effective participation in and the preserva
. tion and improvement of an efficient market econ
omy. '
,
(B) PROGRAM ADMJNISTRATJON.-The Secretary and the
I)irector of the United States Information Agency; or their
c!esignees, shall be jointly responsible for the design of the
program described in subparagraph (A). The Secretary and
the Director of the United States. Information Agency shall
name to an oversight committee an equal number of rep
resentatives. Such committee sh.all determine the specifica
tions for requests for proposals, the eligibility and review
criteria for proposals, and the review process for proposals,
for grants or contracts under this section. The Director of
the United States Information Agency shall have particular
responsibility for ensuring that programs assisted under
this Section are riot duplicative of other efforts in the target
countries and that foreign partner institutions are cred
itable.
81
(C) RESERVATJONS.-In carrying out the program de
scribed in subparagraph (A), there shall be reserved in each
fiscal year.
(i) ,SO percent of the amount available to carry out
this subsection for civics and government education ac
tivities; and
(ii) 50 Percent of such amount available to carry
out this subsection for economic education activities.
(2) CONTRACT AUTHORlZED.'
. (Ar IN GENERAL.-The Secretary, in consultation with
the Director of the United States lnformation Agency, is au
thorized to contract with independent nonprofit educational
organiziltions to carry out the provisions of this subsection.
(8) NUMBER.-The Secretary, in consultation with the
Director of the United States Information Agency,' shall
award at least 1 but not more than 3 contracts described
in subparagraph (A) ,in each of the areas described in
clauses (i) and (ii) of paragraph (1)(8).
'
(C) A VOIDANCE' OF DUPLlCATJON;-The Secretary, in
consultation with the Director·of the' United States Infor
mation Agency, shall award contracts described in sub
paragraph (A) so as to avoid duplication' of activities in
such contracts.
,
(D) REQUIREMENTs.-Each organization with which
the Secretary enters into a contract pursuant to subpara
graph (A) shall
(i) be experienced in
(/) the de.velopment and national implementa:
tion of curricular programs in civics (l1ld govern- '
ment education and economic education for stu
dents from' grades kindergarten through 12 in
local, intermediate, and State educational agen
cies, in 'schools funded by the Bureau, and in pri
vate schools throughout the Nation with the co
operation and assistance of national professional
educational organizations, colleges and univer
.
sities, and private sector organizations; ,
(II) the development and implementation of co
operative university and school-based inservici
training programs for teachers of grades kinder
garten thr.ough gr.ade 12 using scholars from such
relevant disciplines as political science, political
philosophy. history, law and economics;
(J 1lJ the development of· model curricular
frameworks in civics and government education
and economic education;·
"
(N) the administration of international semi-.
.nars on the goals and objectives of civics and gov
ernment education or economic education in con
stitutional democracies (including the sharing of
curricular' materials) for ·educational leaders,
teacher trainers, scholars in related disciplines,
and educational policymakers; and
�83
82
(V) the evaluation of civics and government
education or economic education programs; and
(ii) have the authority to subcontract with other or
ganizations to carry out the provisions lJf this sub
section.
(3) ACTfVITIES.-The international education program de
scribed in this subsection shall
(A) 'provide eligible countries with
.
(i) seminars on the basic principles of United
States constitutional democracy and economics, includ
ing seminars on the major governmental and economic
institutions and systems in the United Stq,tes, and vis
its to such institutions;
.
. (ii) visits to school systems, institutions of higher
learning, and. nonprofit organizations conducting ex
emplary programs in civics and government education
and economic education in the United States;
(iii) home stays in United States communities;
(iv) translations and adaptations regarding United.
States civics and government education and economic
. education curricular programs for students and teach
ers, and in the case of training programs for teachers
translations and' adaptations. into forms useful in
----.schools-in-eligiblecountries,:and-joint.JJ~.$~q..rch p"rojects
in e.uch areas;
.---
(v) translation of basic documents of United States
constitutional government for use in eligible countries.
such as The Federalist Papers, selected writings of
Presidents Adams and Jefferson and the Anti-Federal
ists, and more recent works on political theory, con
stitutional law and economics; and
(vi) research and eualuation assistance' to
determine- .
(]) the effects 'of educational programs on stu
dents' development of the knowledge, skills and
traits of character essential for the preservation'
and improvement of constitutional democracy; and
(J1) effective participation in and the preserva
tion and improvement of an. efficient market econ
omy;
(B) provide United States participants with
(i) seminars' on the histories, economics, and gov·
ernments of eligible countries;
.
(ii) visits to school systems, institutions of higha
learning, and organizations conducting exemplary pro
~grams=in:civics and. gover.nme11.t.education and ceo'
nomic education located in eligible coun'-trles;-·--cc.·c--·-:::-c(iii) home stays in eligible countries;
(iv) assistance from educators and scholars ill eli·
gible countries in the developmellt of curricular male
rials on the history. government and economi('s of such
countries that are useful in United States classrooms;
~__
(v) opportunities to provide on·site demonstrations
of United States curricula and pedagogy for edu
cational leaders in eligible countries; and
(vi) research and evaluation assistance to
determine...:
(]) the effects of educational programs on stu·
dents' development of the knowledge. skills and
traits of character essential for the preservation
and improvement of constitutional democracy; and
(J1) effective participation in and improvement
of an efficient market economy; and
(C) assist participants from eligible countries and the
United States in participating in international conferences
on civics and government education and economic edu
cation for educational leaders, teacher trainers, scholars in
.related disciplines, and educational policymakers.
(4) PARTICIPANTS.-The primary participants in the inter
flational education.program assisted under this subsection shall
be leading educators in the areas of ciuics and government edu
cation and economic education, including curriculum and
teacher training specialists. scholars in relevant disciplines,
and educational policy makers, from the United States and eli
gible countries.
(5) PERSONNEL AND TECliNICAL EXPERTS.-The Secretary is
authorized to provide Department of Education personnel and
teclinical-exper1st6assist-eligible-countries-to-establish-and-im--·--____
plement a database or other effective methods to improve edu
cational delivery systems. structure and organization.
(6) DEnNITIONS.-For the purpose of this subsection the
term "eligible country" means a Central European country, an
Eastern European country. Lithuania, Latvia, Estonia. Georgia.
the 'Commonwealth of Independent States, and any country that
formerly was'a republic of the Soviet Union whose political
independence is recognized in the United States.
(d) AUTHORIZATION OF APPROPRIATIONS.- .
(1) ASSESSMENT AND INFORMATION.-There are authorized
to be appropriated $1,000,000 for fiscal year 1995, and such
sums as may be necessary for eaph of the fiscal years 1996
through 1999, to carry out subsection (b).
(2) INTERNATIONAL EDUCATlON EXClIANGE.-There are au·
thorized to be appropriated $10,000.000 for. fiscal year 1995.
and such sums as may be necessary for each of the fiscal years
1996 through 1999. to carry out subsection (c).
TITLE
VII~AFE
SCHOOLS
SEC. 701. SHORT TITLE; STATEMENT OF PURPOSE.
--(a)SUORT .TITJ:;E:~This·titlemaybe cited C!JLc,th,e -~'Safe_Schools____
Ad of1994".·
.
.--- - - - .
(b) STA1'EMh.'NT OF PURPOSE.-It is the purpose of this title to
help local school systems achieve Goal Six of the. National Edu
cation Goals. which provides that by the year 2000, every school in
America will be free of drugs and violence and will offer a dis
�85
84
cipline.d environment conducive to learning, by ensuring that all
schools are safe and free of violence.
SEC. 702. SAFE SCHOOLS PROGRAM AUTHORIZED.
!
. (2) a
high level of youth participation in such projects or
activities.
SEC. 704. APPUCATIONS AND PLANS.
,
(a) APPLICATlON.-In order to receive a grant under. this title,
(a) AUTHOfiiTY.
an eligible local educational agency shall submit to the Secretary an '
(1) IN GENERAL.-From funds appropriated pursuant to the
.'.
.
application that includesauthority of subsection (b){l), the Secretary shall make competi- ,
(1) an assessment of the current violence and crime prob
live grants to eligible local educational agencies .to enable such
lems in the schools to be served by the grant and in the commu
agencies to carry out projects and activities designed .to achieve
nity to be served by the applicant;
Goal S~of the National Education Goals by helping to ensure
(2) an assurance that the applicant has written policies re
that all schools are safe and free of violence. .
'
garding school safety, student discipline, and. the appropriate
(2) GRANT DURATION AND AMOUNT.---Grants under this title
handling of violent or disruptive acts;
.
may not exceed-:- .
.....
(3) a description of the schools and communities to be
(A) two fiscal years in duration; and
served by the, grant, the activities and projects to be carried out
(B) $3,000,000.
.
with grant funds, and how these activities and projects will
'(3) GEOGRAPHIC DISTRIBUTION_-To the extent practicable,
help to reduce the'current violence and crime problems in the
grants under.this title shall be awarded to eligible local edu-:
schools and communities served;
'.
,
cational agencies serving rural, as well as urban, areas.'
(4) a description of educational materials to be developed in
(b) AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.- .
(1)' AUTHORIZATION.-There are authorized to be appro , the first most predominate non-English language of the schools
and communities to be served by the grant, if applicable;
priated$50,00Q,OOo for fiscal year 1994 to carry out. this title..
(5) if the local educational agency receives Federal edu
(2) RESERVATION.-The Secretary is authorized ineachfis
cal year to reserve not more than 10 percent of the amount ap cation funds, an explanation of how activities assisted' under
this title will be coordinated with and support any systemic
propria ted pursuant to the authority of paragraph (1) to carry
.
out national activities described in:'section 706, of which 50 per education improvement plan prepared with such funds;
(6) the applicant~'i plan to establish school-level advisory
cent of such amount shall- be available in such fiseolyear to
committees, which include faculty, parents, staff, and students,
carry out the program described in section 706(b).
.
for each school to, be' served by the grant and a description' of
SEC. 703. EUGlBLE APPUCANTS.
how each committee will assist in" assessing that school's vio
(a) .IN GElI/ERAL,-To be eligible 'to, receive a grant under this
Lence and discipline problems as well as in designilig appro
title; a local educational agency shall demonstrate in the applica priate programs, policies, 'and practices to combat su<;h prob
h~,
.
.
tion ,submitted pursuant to section· 704(a).that such agency
(1) Serves an area in which there is a high rate of
(7) the, applicant's plan for collecting baseline and future
'. (A) homicides committed by persons between the ages 5
data, by individual schools, to monitor violence and discipline
probLems and to. measure ihe applicant's progress in achieving
to 18, inclusive;
.-. (B) referrals of youth to juvenile court;
..
the purpose of this title;
.
,~, (C) youth under the supervision of the courts;
.
.
(8) a description of how, in subsequent fiscal years, the
'. (D) expulsions and suspensions' of students from school;
grantee will integrale the violence prevention activities the
. (E) referrals of youth, for disciplinary reasons, to alter grantee carries out with funds under this title with activities
carried out under the grantee's comprehensive plan for drug
.native. schools; or
.
.
'. (F) victimization o{youth by violence,' crime, or other
and violence preventio.n adopted under the Drug-Free Schools
and Communities Act of 1986;
.
.
.
forms of abuse; and
(2) has seriolls school crime, violence, and discipline prob
(9) a description of how the grantee will coordinate the,
grantee.'s school crime and violence prevention efforts with e4u
lems. as indicated by other appropriate data,
(b) PRIORITY.-l1i awarding' grants under this title, the Sec·
cation, law enforcement, judicial, health, and social service pro'
grams supported 'under the Juvenile. Justice and Delinquency
retary shall give priority to a local edllcational agency that submits
Prevention Act of 1974, and other appropriate agencies and or
an application that assures a strong local commitment to the
ganizations serving the community;
.'.
projects or: activities assisted u1J.der this title. such as- ' .
.
(1) . the formation of partnerships among the local edu-,
(10) a description of how the grantee ,will inform parents
about the extent of crime and violence in their children's schools
cational agency, a community-based organization, a nonprofit
and maximize the participation of parents in the grantee's vio
orggnization with a demonstrated commitment to or expertise
lence prevention activities;
.
.
'.
.
in developing education programs or providing educational
(J 1) an assurance that grant funds under this title will be.
services to students or the public, a ,local law enforcement agen
used to supplement and not supplant State and local funds that
cy, or any combination thereof; and
�87
86
(8) Developing and implementing violence preventiQn activi·
ties and materials, including' .
(A) conflict·resolution and social skills development for
students, teachers, aides, other school personnel, a~ld parellts;
(B) disciplinary altentatives to expulsion and sltspen
ston o/"stlldents who exhibit violent or antisocial behavior;
(C) student-led activities such as peer mediation, peer
. counseling, and student courts; or
'
(D) alten~ative after-sc.hool programs that provide safe
havens for students, whtch may tnclude cultural, rec·
reational, educational .and i,!structional activities, and
mentormg lind communtty sermce programs:.
(9) Educattrlg students and parents regardtng the dc:"gers
of guns and other weapo~s and the~ con~equenc.es of th~lr use,
(10) Developt.ng and tmplementu~g tnTWvatwe currteula:to
prevent vtolf!nce tn schO!Jls, and tramtllIf: staff how to stop dts·
ruptwe or VIOlent behaVIOr If sitch behaVIor occurs,
(11) Supporting "safe zones of passage" for students beSEC. 705. USE ~F FUNDS.
.
tween home alld school through such measures as Drug· and
(a) IN. GENERAL.-A. 10l?al educattonal agency shall use. grant
WeapoTl-Free School Zones, enhanced law enforcement,' and
fL!n.d.s recewed under thts tttle for on~ or more of the followmg acneighborhood patrols.
'.,
. . .
(12) Counseling programs for victims and witnesses of
tWltles:
. .'
(1) IdentIfymg and assessll/g school vwlence and dtsc/pill/e
school violence and crime.
problems; including coordinating needs assessment activities
(13) Acquiring and installing metal detectors and hiring se.
- - '- ___wttludusg.lio/~,Jc!'l!! ~TJ{f!t:..g!!!I;.eLlJ,.JIH)'ic;.ig.},_.!tl!.aJll1,_fio.ciq.1 s~r..Q!ce,_____ --,-______cu r:ity_per.so!tnel.. _ ..~ _ _ _ _ ~__________ ________._________ _
.
a.lld other approprtate agenctes ,!nd orl!a!'~zattons,JuventleJus(14) Reimbursing law enforcement authorities for their per'.
ttce programs, and gang preventton actwltles.
sonnel who participate in school violence prevention activities.
, (2) ConductIng schoo,l ~afety reviews or (li()len~e pri~{)entioli
(15) Evaluating projects and activities assisted under this
reutews of programs, poltcws, practtces, and factittles to deter·
title.
mine what changes are needed to reduce or prevent violence alld
(16) The cost of administering projects or activities assisted
under this title.
promote safety and discipline,
(~) Planning for comprehensive, long· term strategies for ad·
(17) Other projects or activities that. meet the purpose .of
dresstng and preventing school violence and, discipline I>roblems
.this title.
.
through the involvement and coordination of school programs
(b) LIMITATIONS.
with other education, law enforcement, judicial, health. social
(1) IN GENERAL.-A local educational agency may use not
service, alld other appropriate agencies atidorganizations. .
more than'.
.
(4) Training school personnel in programs of demonstrated
(A) a total 'of 5 percent of grant funds received under
effectiveness in addressing violence, including violence' prcven·
this title in each fiscal year for activities described in para
tion, ,conflict resolution,' anger management, peer mediatimt,
graphs (11), (13), and (14) of subsecti?n (a); and . .
.
and tdentification of high·t:isk youth.
(B) 5 percent ofgrant funds recewefl under thiS ttile tn
,
(5) Activities which involve parellts in efforts to promote
each fisca,l year for activities described in paragraph (16)
school safety and prevent school vi()lem:e.
.,
of subsectlOn (a).
.
(6) Community education programs, including video: and
(2) SPECIAL RULE.-:--A loca,l educational. aiJ.ency shal~ ~n.ly
technology-based projects, .informing parents, businesses, local
be able to ~se grant funds recewed under thIS tttle for l!-ctwtlie!>
government, the .mediaand other appropriate entities aboutdescr,ibed til paragral!il.s, (II!, (13), an~ (14) of subsectto"; (a) If
(AJ the local educational agencY's plan to promote
fundtng for such actwitleSIS nat. avatlable from other federal
school safety and reduce and prevent school violence and
sources.
.
' .
.
discipline-problems;. and,
:,~.=='~_:O'
(3)PROHIIJPflOry. __A )QC:a~e(iycl},tto.n..aLll.gen9' 1!'!lY_!!:f!!.'!:!.t!. _____. ___.
. (B) the need for community s u p p o r t . .
grant furids received }J,ridef thts tItle for'constructton:'-- .. ,',
(7) Coordination of school·based activities designed to pro·
SEC. 706. NATIONAL ACTIVITIES.
mote, sl!hool safety an<! reduce or prevent school I?ioleni:e and.;
(a) NATIONAL ACTNITIES.-,,
dtsctpltne, problems WIth related efforts of educatIon, law I'll,
(1) IN GENERAL.-To carry out the purpose of this title, the
forcement, judicial, health, social service, 'and other appropriate
Secretaryagencies and organizations and juvenile justice programs.
. .
' . . .
" ,
would, m the absence of funds Ilnder thIs tItle, be made aV(H/'.
able by the appltmlll for the purpw;/!s of the ~/'(Int;
(12) an assurallce ·that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering statistics
. and other data the Secretary determilles are necessary to deter·
mine the effectiveness of projects alld activities assisted under
this title or the extent of school violence and discipline problems
throughout the Nation; and
(13) such other information as the Secretary may require.
(b)·PLAN.-In order to receive funds under this title for asecortd
year, a grantee shall submit to the Secretary a comprehensive, long·
term, school safety plan for reducing and preventing school violence
and discipline problems. Such plan shall contain a descriptiO/l of.
how the grantee will coordinate the grantee's school crime and violence prevention efforts with education, law·enforcement, judicial,
health, social service, and other appropriate agencies arId organiza.
tions serving the community.
.
�1;8
(A) is authorized to usc~ funds relil!rI'I'cl under scction
702(b)(2) to-
(i) conduct national leadership acti uities Sllch (IS
research, proJ.:ram developmcnt and ('vailmlitm, data
collection, public awarcmess activitieM, tmining ami
technical assistance, dissemination (through appro
priate research entitieM assisted by the Department of
Education) of information on successful projects, activi
ties, and strategies developed pursuant to this. title;
(ii) provide grants to noncommercial telecommuni
cations entities for the production and distributioll of
national video-based projects that provide yo/mc people
with models for conflict resolution and. responsible de
cisionmaking; and
,
,
(iii) conduct peer review of applications under this
title; and
(B) shall develop a written safe schools model so that
flU schools can develop models that enable all students to
participate regardless of any language barrier,
(2) SPECIAL RULB.-The Secretary may carry out the activi
ties described in paragraph (1) directly, through interagency
flgreeinents, or through grants, contracts or cooperative agree
~ ments,
(b) NATIONAL MODEL CITY:-The Secretary shall designate the
District of Columbia as a national model ,city and shall provide
funds made available pursuant to section 702(b)(2) in each fiscal
year to a local. educational. agency serving the DiMtrict of Columbia
in an amount sufficient to enable such agency to cflrry Ollt a com·
prehensive program to address school and youth violence.
SEC. 707. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General Edl~cation
Provisions Act (20. U.S.C. 122Ie-l(h)(2)(A)) is amended
.
(I) in clause (vi), by striking "and" after the semicolon; and
(2) by adding after clallse (vii) .the following new clause:
, "(viii) school safety policy, and statistics on the inCidents of school violence; and".
.
.-:;.
SEC. 708. REPORTS.
(a) REl'ORT TO SECRETARY.-Each local educational agency that
receives funds under this title shall submit to the Secretary a report
not later than March I, 1995, that desc;ribes progress achieved in
carrying out the plan described in section 704(M.
(b) REPORT TO CONGRESS.-The Secretory shall submit to thl~
Committee on Education and La.bor of the HouMe of Representatilles
and the Committeeon,La.bor and Human Resollrcesof the Senale
a report not later than October 1, 1995, which shall contain a de
tailed statement regarding grant awards, activities of grant recipi
ents, a comililation of sta~istical information submitted by appli.
cants under section 704(a), and an evaluation of programs assisted
under this title.
SEC. 709. COORDINATION OF FEDERAL ASSISTANCE.
The. Secretary, as a member of the Coordinating Council on Ju·
venile Justice and Delinquency Prevention of the Department of
Justice, shall coordinate the programs and activities carried out
89
under this title with the programs and activities carried out by the
departments and offices represented within the Council that provide
assistance under other Federal law for purposes that are determined
by the Secretary to be similar to the purpose of this title, in order
to avoid redundancy and c.oordinate Federal assistance, research,
and programslor youth violence prevention.
.
TITLE VIII-MINORITY-FOCUSED CIVICS
EDUCATION
SEC. 801. SHORT TITLE.
This title may be cited as the "Minority-Focused Civics Edu
cation Act of 1994'~.
SEC. SO:. PURPOSES.·
it' is the purpose of this title-,
(1) to encourage improvedinstrllction for minorities and
Native Americans in American government and civics through·
a national program of a.ccredited summer teacher training and
staff development seminars or institutes followed by academic
year inservice training programs conducted on college and uni
. versity campuses or other appropriate sites, for
(A) social studies and other .teachers responsible for
American history, government, and civics classes; and
(8) other educators who work with minority and Na·
tive American youth; and
. (2) through such improved instruction to improve minority
and Native American student knowledge and understanding of
the American system ofgovernment_
.
SEC. 803. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIA
TIONS.
(a) GRANTS AllTHORIZED.
(1) IN GENERAL.-The Secretary is authorized to make
grants to eligible entities for the development and implementa·
tion of seminars in American government and ciuics for elemen
tary and secondary school teachers and other educators who
work with minority and Native American students.
(2) AWARD RULE.-,In awarding grants under this titie, the
Secretary shall ensure that there is wide geographic distribu
tion of such grants_
(b) AUTHORIZATION OF APPROPRIATIONS.-There are authorized
to be appropriated $5,000,000 for flScal 1995, andsuc/t sums as
may be necessary for each of the fiscal years 1996, 1997, and 1998,
to carry out this title.
SEC. SOl. DEFINITIONS.
For.purposes of this title
(1) ·the term "eligible entity" means a State educational
agency, an institution of higher education or a State higher
education agency, or a public or private nonprofit organization,
with experience in coordinating or conducting teacher training
seminars in American government and civics education, ora
consortium thereof; and
�90
91
(10) describe the activities or services for which assistance
(2) the term "State higher education agency" means the offi
is sought; illcluding activities and services such as
cer or agency primarily responsible for the State supervision of
(A) development of seminar curricula;
higher education.
(B) development and distribution of instructional mate
SEC. 805. APPLlCATIONS.
rials;
.
(a) APPLICATION REQUlRED.-Each eligible entity desiring a
(C) scholarships· for participating teachers; and
grant under this title shall submit an application to the Secretary,
(D) program assessment and evaluation.
at such time, in such manner and containing or accompanied by
(c) PRJORlTY....:....The Secretary, in approving applications for as
such information as the Secretary may reasonably require.
.
sistance under this title, shall give priority to applications· which
(b) CONTENTS OF APPUCATION.-Each application submitted
demonstrate that
pursuant to subsection (a) shall.
(1) the applicant will serve teachers who teach in schools
(J) define the learning objectives and course content of each
with a large number or concentration of economically disadvan
seminar to be held and describe the manner in which seminar
taged students;
participants shall r:eceive substantive academic instruction in
(2) the applicant has demonstrated national experience· in
the principles, institutions and processes of American govern
conducting or coordinating accredited summer seminars in
ment;
.
American government or civics education for elementary and
. (2) provide assurances that educators successfully partici
secondary school teachers;
.
pating in each seminar will qualify for either graduate credit
(3) the applicant will coordinate. or conduct seminars OTt a
or professional development or advancement credit according to
national or multistate basis through a collaboration with an in
the criteria established by a State or local educational agency;
stitution of higher education, State higher education agency or
(3) describe the manner in which seminar participants
a public or private nonprofit organization, with experience in
shall receive exposure to a broad array of individuals who are
coordinating or conducting teacher training programs in Amer
.
actively involved in the political process, including political
ican go.vernment and civics education;
.
party representatives drawn equally from the major political
.
(4) the applicant will coordinate or conduct seminars de
-~~~--- -parties,-as-weILaL~epr.es~n(q.lives of other organizations in
signed for more than one minority student population and for
volved in the political process; - - ~-..-.---.- -~.-.---------~---Native -Amer-icans;-and_______
.
(4) provide assurances that the seminars will be conducted
(5) the applicant will coordinateor conduct seminars-t/wt----- -
..
on a nonpartisan basis; .
offer a combination of academic instruction in American gov
.
(5) describe the manner in which the seminars will address
ernment, exposure to the practical workirtgs of the political sys
the role of minorities or Native Americans in the American po.
tem, and training in appropriate pedagogical techniques for
litical process, inciudi"g such topics as.
working with minority and Native American students.
(A) the history and current political state of minorities
or Native Americans;
(B) recent research on minority or Native American po TITLE IX-EDUCATIONAL RESEARCH
litical socialization patterns and cognitive learning styles;
AND IMPROVEMENT
and
.
(C) studies of political participation patterns of minoriSEC. 901. SHORT TITLE.
ties or Native Americans;
.
This title may be cited as the "Educational Research, Develop
(6) describe the pedagogical elements for teachers that will
ment,.Dissemination, and Improvement Act of 1994".
ena.ble teachers to develop effective strategies and 'esson plans
:
for teaching minorities or Native American students at the eleSEC. 902. FINDINGS.
The Congr.ess finds, as follows with respect to improving edu
mentary and Secondary school levels;
(7) identify the eligible entities which will conduct the semication in the United States:
(1) A majority of public schools in the United States- are
nars for which assistance is sought;
.
failing to prepare students to achieve the National Education
(8) in the case that the eligible entity is an institution of
Goals. The Federal Government should support an extensive
higher education, describe the plans for collaboratiflg with na·
program of educational r~search, development, dissemination,
tional organizations in American government and civics edu
replication and assistance to identity and support the best re
-.-------- ··cation"
.
.
. sponsesIor the challenges ahead. A significant investment in at
rfh provide-:~s;u;:b.nces ihat-dui'-ing-::the academicyear-edu"_
caton; participating in the summer seminars will provide in .tciiii,iiig (fCCdeeper :understanding ofthe pr()f:ess.es. ollearning_and
schooling and developing new ideas holds the best Jiope-ofmak-
service training programs based upon what s~ch educators
inga substantial difference to the lives of every student in the
have learned and the curricular materials such educators have
United States. The Office of Educational Research and Im
developed or acquired for their peers in their school 1>ystems
provement withi,n the Department of Education should be at the
with the approval and support of their school administrators;
center of this campaign in order to coordinate. such efforts.
and
�93
92
(2) The Federal role in educatiOnal research has been close
ly identified. with youthS who are socioeconomically disadvan
taged, are minorities, belong to a language minority, or have a
disability. The Federal commitment to education was sufficient
to Serve not more than.
(A) in 1993, lout of every 6 low-income children in
need ofpreschool education;
(B) in 1990, 3 out of every 5 children in need of remedi
ation;
(C) in 1991, lout of every 5 children in need of bilin
gual education; and
.
.
(D) in 1992, lout of every 20 youths eligible for assist
ance under the Job Training Partnership Act..
(3) The failure of the Federal Government to adequately in
vest ·in educational research and development has denied the
United States a sound foundation of knowledge on which to de-.
sign school improvements. The educational achievement of mi
noritychildren is of particular concern because at least half of
the public school students in 25 of the largest cities of the Unit
ed States are minority children. and demographers project that.
by.the y~r 2005, almost all urban public school students will
be minority children or other children in poverty.
(4) The investment goal of the Federal research. develop
ment.j:Jnd dissemination function ShOllid be at least 1 percent
, of the total amount of funds spent on educationally.
.
(5) Nationwide model programs and reliable interventions
should be demonstrated and replicated,· and for such purposes,
programs should be established to conduct research andevalua
tions, and to disseminate information.
..
.
(6) The Office should develop a national disSemination pol
icy that will advance the goal of placing a Tiatlonal treasure
chest (Jf research results, models. and materials at the disposal
of the education decisionmakers of the United States.
.
(7) A National Educational Research Policy and Priorities
Board should be established to work.collaboratively with the
Assistant Secretary to forge a national consensus with respect
to a long-term agenda for educational research, development,
dissemination, and the activities of the Office.
(8) Existing research and development entities should adopt
expanded, proactive roles and new institutions should be cre
ated to promote knowledge development necessary to accelerate
the application of research findings to high priority areas.
(9) Greater use should be made of existing technologies in
efforts to improve the educational system of the United States.
including efforts to disseminate research findings,
(10) MinoritY,educational researchers are inadequately rep
resented throughout the Department of Education, but particu
larly in. the Office. The Office therefore should assume a leader
ship position in .the recruitment. retention, and promotion ·of
qualified minority educational researchers.
(I I) The coordination of the mission of the Office with that
of other components of the Department of Education, is critical.
The Office should improve the coordination of the educational
research, development, and dissemination function with those of
other Federal agencies.
.
.PART A-GENERAL PROVISIONS REGARDING
THE OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT
SEC. 911. REPEAL.
(a) REPEAL.-Section 405 of the Generol Education Provisions
Act (20 U.S.C. 1221e) is repealed.
.
(b) CONFORMING AMENDMENT.-The second sentence of section
209 of the Department of Education Organization Act (20 U.S.C.
3419) is amended by inserting "and such functions as set forth in
the Educational Research, Development, Dissemination, and Im
provement Act of 1994" after "delegate".
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVBMENT.
(p) DECLARATION OF Poucy REGARDING EDUCATIONAL OPPOR
TUNIIT.
(1) IN GENERAL.-The Congress declares it to be the policy
. of the United States to provide to every individual an equal op
portunity. to receive an education· of high quality regardless of
race, color, religion, sex, age, disability, national origin, or so
cial class. Although the American educational system has pur
sued this objective, .it has not been attained: Inequalities of op
portunity to receive hiCh quality education remain pronounced.. ·
To achieve the goal Of quality education requires the continued
pursuit of knowledge about education through research, devel
opment, improvement activities, data collection, synthesis, tech
nical assistance, and· in{ormation dissemination. While the di- .
rection .of American education remains· primarily the respon
sibility of State and local governments, the Federal Government
has a clear responsibility to provide leadership in the conduct
and support of scientific inquiry into the educational process.
(2) MISSION OF OFFICE.
(A) The mission of the Office shall be to provide na
tionalleadership in.
(i) expanding fundamental knowledge and under,
standing ofeducation;
.
.
(ii) promoting excellence and equity ,in education;
and the achievement of the National Educational Goals
by spurring reform in the school systems of the United
States;
..
.
(iii) promoting thi! use and application of research
and development to improve practice in the classroom;
.and
(tv) monitoring the state of education.
(B) The mission of the Office shall be accomplished in·
collaboration with researchers, teachers, school administra·
tors, parents, students, employers, and policymakers.
(b) PURPOSE AND STRUCTURE OF OFFICE.
(1) IN GENERAL.-:-The Secretary, acting through the Office,
shall carry out the policies set forth in subsection (a). In carry
ing out such policies, the Office shall be guided by the Research
�94
.~,
95
'
.
which could not ,o~herwiS! be obtained by the Office
Pnon't' PIan de Ioped by th e A ss~ t ant Secretary working
les,
,ve
through the competltlUe servree; and
coliaboratlUely wlth the Board and whreh has been approved by
(D,I th t t l
1._
f
h
I'
d
t
d
the Board,
:J
e 0 a numve-r 0 suc ,!mp oyees oes ,!O '!xcee
(2) ADMINISTRATNE STRUCTURE.-The Office shall be adone-fi{t~ of the number of full-tlme, regular sClentlfic. or
ministered by the Assistant Secretary and shall include.
professlonal employees ofthe Office.
.'
.
(A) the National Educational Research Policy and Prj(2) REAPPOINTlr!ENT OF EMPWYEE~.-T~e AsSIstant Sec
retary may reappolnt employees descn~d. In l!arCfgrap'h (1)
oNties Board established by section 921;
(B) the national research institutes established by secupon presentatlo,!. of a clear and conmnclng Justlficatwn of
tion 931;
' .
'.
need, for one addltlonal te,:~ ~ot to exceed 3 yearf!. All such em
(C) the national education dissemination system estabployel!s shall work on ~CtlUltle~ of the Offree anl;i shall. not be
reasslgned to other dutles outside the Office dunng thelr term.
fished by section 941;
(D) the National Center for Education Statistics; and
(d) AUTHORITY TO PUBUSH.- .
. .
(E) such other units as the Secretary deems appropriate
(1) IN GENERAL.-The Asslstant Secretary IS authonzed to
to carry out the purposes of the Office. ' .
prepare and publish such information, reports, and documents
(3) AUTHORIZED ACTNlTlES.as. may be of value in carrying out the purposes of this title
(AJ OFFlCE.-In fulfilling its purposes under this secwlthout further clearance or approval ~y the Secretary or any
tion, the Office is authorized to-,
.other office of the Department of Educatl.on.
..
,
. . (i) conduct and support educatlon-related research
(2) QUAUTY ASSURANCE.-In carryIng out such authonty,
activities, including basic and applied research, develthe Assistant Secretary shall
opment, planning, surveys, assessments, evaluations,
(AJ establish such procedures as may be necessary to
assure that all reports and publications issued by the Office
investigations, experiments, and demonstrations of national signi{reance;.
. , a r eof the highest quality; and
(it) disseminate the findings of education research,
(B) provide other offices of the Department of Edu
and provide technical assistance to apply such infor.
cation with an opportunity to comment upon any report or
___.__..mation_to_specific.problems_atschootsites;. ____.___._ _. ________._ __ publi.ca#c>.n.prioL_tQits.pubUcp.tiQIJ...w.helJ._itS_C~IJ.t!:l1t.s_r.elat.e
(iii) collect,' analyze, and disseinin.ate data related
.
to matters for which such office has responsibility.
to education, and to library and information services;
(~) BlENNlALREPORT ON ACTNlTlES OF OFFlCE.-The Assistant
(iv) promote the use Of knowledge gained from reSecretary shall transmit to the President and the Congress by not
search and statistical findings in schools, other edulater than December 30 of every other year a report which shall con
cattonal inst.itution,s, .and. commun.ities;
.
. sist of
(v~ provIde tralnlng In. edu~atlon researc:h; and
(1) a description of the activities carried out by and
(Vl) promote the co0r.dl~tlOn of educatlOn research
through each research institute during the fiscal years for
and researc.h support wuhln the Federal Government,
which such report is prepared and any recommendations and
and otherwlse assIst and foster such research.·
comments regarding such activities as the Assistant Secretary
(C)APPOlNTMENT OF EMPWYE~S.-,
considers appropriate;
(1) IN GENERAL-The Asslsta.nt Secretary may appOln. t " for
, (2) a description of the activities carried out by and
ter",:s not to ex.ceed three years (wlthout .regard to. the prOV!SlOnS
through. the national education dissemination. system estab
of tltle.~, Umte.d States Code, govermng ~ppomtment.m the
lish'ed by section 941 during the fiscal years for which such re
comfJ!!~'tlUe serVIce) and may compensate (WIthout regard to the
port is prepared and any recommendations and comments re
proUlslOns of c~apter 51 a~d slfbchapter III of chapter 53 of
garding such activities as the Assistant Secretary considers ap
propriate;
such tltle rela.tlnl{ to class,fic.atwn and General Schedule pay
(3) such written comments and recommendations as may be
rate.s) such sClentlfic or t~chmcal employees of the C!ffic~ as the
~sslStant ~cretary considers necessary to accompllsh lts func.' submitted by the Board concerning the activities carried out by
twns, prOVIded that'"
aIJ.d through each of the institutes and the national education
dissemination system during the fiscal years for which such re
(A) at least 30 ~ays /!no.r t~ the appomtm*:nt ?f any
'such em~l?yee, publIC notlce ls,gw.en 01 t!,e auallablll~y of
port is prepared;'
'.
.
~uc~ f!Osltwn and an opportumty IS provlded.for ~uallfied
(4) a description of the coordination activities undertaken
l.ndlUld~.al~_toapply. a~dcpmpeteJoT:.~ucl:! posltlOn,::,._~;:_
-ntto subsection (g):-duNng,-the fiscal." ars fa
h' h
(B) the rate of basre pa),lor such employees does not expursua.
d'
ye
r w u:
re .' . '. I". le' I .
ceed the maximum rate of basic pay payable for positions
such report lS prepand
d ."
,
at GS-15 as determined in accorda~ with section 5376
(5) recomme atl0'fS ,or !illS atlve ~nd. a mmlstratlve
oftille 5, 'United States Code;
cha.nges necessary to lmprove the coo~dlna~,on, of. all. e.cI. u
. (C) the appointment of such employee is necessary to
catlo.nal reseCfrc!" development, and dls~mlnatwn actwltles
provide the Office with scientific or technical expertise
carrled oUl wlthm the Federal Government, and
~.:,
�97
96
(6) such additional comments, recommendations, and mate
rials as the Assistant Secretary considers appropriate_
(f) RESEARCH PRIORITIES PLAN.~
(1) IN GENERAL-Working collaboratively with the Board,
.
the Assistant Secretary shall(A) survey and assess the state of knowledge in edu
cation research, development and dissemination to identifY
disciplines and areas of inquiry in which the state of
knowledge is insufficient and which warrant further inves
tigation, taking into account the views of bot.h education re,
searchers andcrac.tiCing educators;
(B) consu t with the National. Education Goals Panel
and other authorities on education to identifY national pri
orities for the improvement of education;
(C) actively solicit recommendations from education re
searchers, teachers, school administrators, cultural leaders,
parents, and others throughout the United States through
such means as periodic regional forums;
(D) provide recommendations for the development,
maintenance. and assurance. of a strong infrastructure for
education, research. and development in the United States;
and
(E) on the basis of such recommendations, develop a re
search priorities program which shall recommend priorities
for ,the investment of the resources of the Office over the
. next 5-, 10-, and 15-year periods, including as priorities
those areas of inqui?, in which further research, develop
ment and disseminatlon.
. (i) is· necessary to attain the National Education
' .
. Goals'
do promises to yield the greatest practical benefits
to .teachers and other educators in terms ofimproving
education; and
(iii) will not be. undertaken in sufficient scope or
intensity by the other Federal and non-Federal entities
engaged in education research and development.
.~"..
""1c (2) CONTENTS OF PLAN.-{A) The research and priorities.
plan described in paragraph (1) shall, at a minimum
(i) set forth specific objectives which can be expected to
be achieved as a result of a Federal investment in the prior
.
ities set forth in the plan; .
(ii) include recommendations with respect· to research
and development on cross-cutting issues which should be
carried out jointly by 2 or more of the research institutes;
and
.
(iii) include an evaluative summary of the educational
research and development activities unckrtaken by the Fed
eral government during the preceding 2 fiscal years, which
shall describe
(1) what has been learned as a result of such ac
tivities;
.
.. (11) how such new knowledge or unckrstanding ex
tends or otherwise relates to what had been previously
known or understood;
(111) the implications of such new knowledge or un
derstanding for educational practice and school reform;
and
(N) any development, reform, and other assistance
.. activities which have utilized such knowledge or unckr
standing and the effects of such efforts.
(B) REPORT.-{i) Not later than 6 months after the first
meeting of the Board and by October 1 of every second year
thereafter, the Assistant Secretary shall publish a report speci
fYing the proposed research priorities of the Office and allow a
60-day period beginning on the date of the publication of the re
port for public comment and suggestions.
(ii) Not later than 90 days after the expiration of the 60
day period referred loin clause (i), the Assistant Secretary shall
submit to the Board a report specifYing the proposed research
priorities of the Office and any public comment and suggestions
obtained under such subparagraph for the Board's review and
approval.
(g) COORDlNATION.-With the advice and assistance of the
Board, the Assistant Secretary shall work cooperatively with the
Secretary and 'the other Assistant Secretaries of the Department of
Education to establish and maintain an ongoing program of activi
ties designed to improve the coordination of eduCation research, de
velopment, and dissemination and activities within such Depart
ment and within the Federal Government to
(1) minimize duplication in education research, develop
ment, and dissemination carried out by the Federal Govern
ment;
.
.
(2): maximize. the value of the total Federal investment in
education research, development,' and dissemination; and
(3) enable entities engaged in education research, develop
ment, and dissemination within the Federal Government to
interact effectively as partners and take full advantage of the
diverse resources and proficiencies which each entity has avail
able.
(h) ACTIVITIES REQUIRED WITH RESPECT TO COORDINATION.
In carrying out such· program of coordination, the Assistant Sec
retary shall compile (and thereafter regularly maintain) and make
available a comprehensive inventory of education research, develop
ment, dissemination activities, and expenditures being carried out
. by the Federal Government.
.
(i) STANDARDS FOR THE CONDUCT AND EVALUATION OF RE
SEARCH.....:.. . '.
.
(1) IN GENERAL-In consultation with the Board, the As
sistant Secretary shall develop such standards as may be nec
essary to govern the conduct and evaluation of all research, de
velop'ment, and dissemination activities carried out by the Of
{ice to assure that' such activities meet the highest standards of
professional excellence. In developing such standards, the As-.
sistant Secretary shall review the fJrocedures utilized by the Na
tional Institutes of Health, the National Science Foundation,
and other Federal departments or agencies engaged in research
and development and shall also actively solicit recommenda
n-574 0 - 94 - 4
�99
98
veloped. Such standards shall be binding upon all activi
tions from research organizations and members of the general
public.
. '
ties carried out with funds appropriated pursuant to sub
section (m). .
(2) CONTENTS OF STANDARDS.-Such standards shall at a
0) ADDITIONAL RESPONSIBIUTIES OF THE AsSISTANT SEC
minimum
. RETARY.-In carrying out the activities and programs of the Office,
(A) require that a process of open competition be used
the Assistant Secretary-.
.
in awarding or entering iltto all grants, contracts, and co
. (1) shall be guided by the Research Priorities Plan devel
operative agreements under this title;
oped by the Assistant Secretary working collaboratively with the
(B) require that a system of peer review be utilized by
Board and which has been approved by the Board;
the Office
(2) shall ensure that there is broad and regular public and
(i) for reviewing and evaluating all applications
professional involvement from the 'educational field in the plan
for grants and cooperative agreements and bids for
ning and carrying out of the Office's activities, including estab
those contracts which exceed $100,000;
.
lishing. teacher advisory boards for ~ny program office, program
(ii) for evaluating and assessing the performance
or prOject of the Office as the 'Ass,stant Secretary 'deems nec
of all recipients of grants from and cooperative agree
essary and involving Indian and Alaska Native researchers and
ments and contracts with the Office; and
educators in activities that relate to the education ofIndian and
(iii) for reviewing and designating exemplary and
Alaska Native people;
, .
'.
promising programs in accordance with section 94I(d);
(3) shall ensure that the selection of research topics and the
(C) describe the general procedures which shall be used
administration of the program are free from undue partisan po
by each peer review panel in its operations;
litical i n f l u e n c e ; '
.
(DXi) describe the procedures which shall be utilized in
(4) shall ensure that all statistics and other data collected
evaluating applications for grants, proposed cooperative
agreements, and 'contract bids; and
and reported by the Office shall be collected, cross-tabulated,
analyzed, and reported by sex within race or' ethnicity and so
(ii) specify the criteria and factors which shall be con
sidered in making such evaluations;
,
cioeconomic status whenever feasible (and when such data col
(E) describe the procedures which' shall be utilized in
lection or analysis is not feasible, ensure that the relevant re
-pori ,OT. document-includes-an explanation-(J8.,to ..why-such. data. _____
.- . - - - --reviewing-educational-programs-which-have been-identified,.---·· - - - - - - - _ .
collection or analysis is not feasible);
by or submitted to the Secretary for evaluation in' accord
ance with section 94J(d); and
(5) is authorized to administer funds to support a' single
project when more than one Federal agency uses funds to sup
(F) require that the performance of all recipients of
port such project, and the Assistant Secretary may act for all
grants from and contracts and cooperative agreements with '
such agencies in administering such funds; and
.'
the Office shall be J'f:riodically evaluated, both during and
(6) is authorized to offer information and technical assist
at the conclusion Of their receipt of assistance.
.
(3) PUBUCATION AND PROMULGATION OF STANDARDS.
ance to State and local educational agencies, school boards, and
schools, including schools funded by the Bureau, to ,ensure that
(A) The Assistant Secretary shall publish proposed
standards
no student is
(A) denied access to, the same rigorous, challenging cur
(i) which meet the requirements .of subparagraphs
riculum that such student's peers are offered; or '
'
(A), (B), (C), and (D) of paragraph (2) not later than
(B) grouped or otherwise labeled in such a way that
1 year after the date of the enactment of this title;
may impede such student's achievement.
"
(ii) which meet the requirements of paragraph
(k) INDEPENDENT EvALUATIONS.-The Secretary shall enter into
(2){E) not later than 2 years after such date; and
one or more contracts for the conduct of an independent evaluation
(iii) which meet the requirements of subparagraph
of the effectiveness of the implementation of the provisions of this
(F) of paragraph (2) not later than 3 years after sUch
'date.
title. Such evaluations shall be transmitted to the Congress, the
(B) Following the publication of such proposed stand President, and the' Assistant $ecretary not later than 54 months
. after the date of the enactment of this title.
.
ards, the Assistant Secretary shall solicit comments from'
(l) DEFINITIONS.-For purposes of this title, the following defini
interested members of the public with respect to such pro
tions apply:
posed standards for a period of not more than 120. days,
(1) AsSISTANT SECRETARY.-The term "Assistant Secretary"
After giving due consideration to any comments which may
-;;-.-:'- .~have~ been-received, the-Assistant· Secretary- shall transmit·
.- mea~-t/:leAs.sistant Se_cretp"!y'-for_-l£f,I,ucatioru:z1 Re~eg.r.;h-a.nd-.
such standards to the Board for its review and approval.
Improveme~t established by section 202 of the Depa,rtment of
Education Organization Act.
...'.
(C) Upon the approval the Board, the Assistant Sec
(2) AT-RISK STUDENT.-The term "at-risk student" means a
retary shall transmit fina standards to the Secretary
student who, because of limited English proficiency, poverty,
which meet the requirements of the particular subpara
race, geographic location, or economic disadvantage, faces a
graphs of paragraph (2) for which such standards were de
01
.',
�100
greater risk of low educational achievement or reduced aca
demic expectations.
(3) BOARD.-The term "Board" means the National Edu
cational Research Policy and Priorities Board. ,
(4) DEVELOPMENT.-The term "development"
(A) means the systematic use, adaptation, and trans·
formation of knowledge and understanding gained from re
search to create alternatives, policies, products, methods,
practices, or materials which can contribute to the improve
mimt of educational practice; and
, (B) includes the design and development of prototypes
and the testing of such prototypes for the purposes of estab
lishing their feasibility, reliability, and cost-effectiveness.
(5) DISSEMINATION.-The term "dissemination" means the
communication and transfer. through the provision of technical
assistance and other means, of the results of research and prov
en praCtice in forms that are understandable, easily accessible
and usable or adaptable for use in the improvement of edu
cational practice by teachers, administrators, librarians, other
practition(~rs, researchers, policy makers, and the public.
(6) El)lJCATIONAL RESEARClI.-The term "educational reo
search" includes basic and applied research, inquiry with the
purpose of ,applying tested knowledge gained to specific edu
cational settings and problems, development, planning, surveys.
assessments; evaluations. investigations, experiments, and dem
onstrations-in the field of education and other fields relating to
educaiion_ "" ,"
,
(7) FIEI.D-iNITIATED RESEARCll.-The term "field-initiated
research" means education research in which topics and meth
ods of study are generated by investigators. including teachers,
and other practitioners, not by the source of funding_
(8) NATIONAL EDUCATION DlSSf:MINATION Sysn:M.-The
term "national education dissemination system" means the ac
tivitie~ carried out by the Office of Refon;l Assistance and Dis
seminatioll established by se(·tiOIl 941.
(9) OFFICI..:.-The term "Office", unless otherwis~ specifil'd,
means the Qffice of Educational Research and Improvement es·
tablished in 'section 209 of the Department or Education Orga·
nization Act.
'
(10) NATIONAL RESEARCll INSTITuTE.-1'he term "national
research institute", means an institute established in section
931.
(1lJ TECHNICAl" ASS/STAN.Cf:.-The term "technical assist
ance"mealls assistance in .identifying, selecting, or designing
solutions based on research to address educational problems,'
planning, and design that leads to adapting rl~search knowl
edge to school practice, training to impl(~melt1 such solutio1lS
and other assistance necessary to encourage adoption or app!i·
. cation of research.
(12) UNITED STATES; STATK-The terms "United States"
and "State" means each of the 50 States, the District of Colum
bia. the Commonwealth of P'lerto Rico, Guam. American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the Compact
101
of Free Association with the Government of Palau), the Republic
of the Marshall Islands, and the Federated States of Microne
sia.
'
(m) AUTIlORlZATION Of' ApPROPRIATIONS.
(1) NiTIONAI. INSTITUTES.
(A) For the purpose of carrying out section 931, there
is authorized to be appropriated $68,000,000 for fiscal year
1995.
(B)(i) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Student
Achievement, Curriculum, and Assessment and the Na
tional Institute on the Education of At-Risk Students, there
are authorized to be apprOPriated $60,000,000 for fiscal
year 1996, and such sums as are necessary for each of fis
cal years 1997, 1998, and 1999.
(ii) Of the total amounts appropriated pursuant to
clause (i)
(/) 50 percellt shall be used by the Assistant Sec
retary for the purpose of carrying out the provisions of
section 931 relating to the National Institute on the
Education ofAt-Risk Students; and
(//) 50 percent shall be used for the purpose of car
rying out ihe provisions of section 931 relating to the
National Institute on Student Achievement, Curricu
lum, and Assessment.
(C) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Edu
cational Governance. Finance, Policy-Making, and ·Manage·
ment, there are authorized to be appropriated $10,000,000
for fiscal year 1996, and such sums as are necessary for
each offiscalyears 1997.1998, and 1999. ,
'
(D) For the purpose of carrying out the provisions of
section 931 relating to the National Institute on Early
Childhood Development and Education. there are 'author
ized to be appropriated $15,000,000 for fiscal year 1996,
and such sums as are necessary for each of fiscal years
1997, 1998, and 1999.
'
(E) For the purpose of carrying Ollt the provisions of
section 931 relating to the National Institute on Postsecond
ary Education, Libraries. and Lifelong Learning, there are
authorized to be appropriated $15.000,000 for fiscal year
1996. and such sunis as are necessary for each of fiscal
years 1997, 1998, and 1999.
(F) COORDINATlVN AN/) SYNTllES/S.-The Assistant Sec
retary is authorized to reserve not more than 10 percent of
the total amounts appropriated in any fiscal year pursuant
to subparagraphs (A) through (f,;) (bllt not more than 33
percent of the amount appropriated for any single institute
in any fiscal year) for the purposes of supporting coordina
tiOll and synthesis actillities described in section 93](i) or
to address other priorities which are consistent with the Re
search Priorities Plan delleloped by the Assistant Secretary
and approved by the Boord.
(2) NATIONAL EDUCATlVN J)[SSEMtN,\TION SYSTEM.
�103
102
(A)(i) //or Ow purpose of carryinlt out paraltraph (2) of
subsection (bJ alld subsections (c) throll{f.h (It) of sectioll 941,
there are authorized to be appropriated $2:1,000.000 for fis·
cal year 1995, and such suins us are necessary for each of
. the.fiscal years 1996 through 1999.
"
(ii) Of the amount appropriated under dause (i) for
(my fiscal year, the Secretary shall make available 1I0t less
than $8,000,000 to carry oitt subsection ({) of section 941
(relating to Educational Resource.s Information Center
Clearinghouses).
,,'
(B) For the purpose of carrying out subsection (h) of
. section 941 (relati;lg to regional educational laboratories),
there are authorized to be appropriated $41,OOO,000.for fis·
cal year 1995, and such sums as are necessary for each of
the fiscal years 1996 through 1999. Of the amounts appro
priated under the preceding sentence for a fiscal year, the
Secretary shall obligate not less than 25 percent to carry
out such purpose with respect to rural areas (including
schools funded by the Bureau which are located in rural
a~~
.
, (C) For the purpose of carrying out subsection (j) of sec·
tion 941 (relating to the teacher research dissemination
demonstration' program) there are authorized to be appro·
priated $20,000,000 for fiscal year 1995, and such sums as
are necessary for each of the fiscal years 1996 through
----~. ----'1999:------ ' - - ' - .. ---. -.-.----.----~'--,(D) For the purpose of carrying out subsection (i) of sec
tion 941 (relating to the Goals 2000 Community Partner·
ships program), there -are authorized to be appropriated
$30,000,000 for fiscal year 1995, $50,000,000 for (!Scal year
1996, and such sums as are necessary for each of the fiscal
years 1997 and 1999.
(3) NATIONAL EDUCATIONAL RESEARCH POLlCY AN/) PHIOH·
ITIES BOARD.-Of the amounts appropriated under paragraphs
(1) and (2) for any fiscal year, the Secretary shall make avail·
able 2 percent of such amounts, or $1,000,000, whichever is
less, for the purpose of supporting the activities and expenses of
the 'Board and the collaborative development of the Research
Priorities Plan by the. Assistant Secretary and the Board. ,
(4) ALLOCATIONS FOR GRANTS, COOPERATNE AGREEMENTS,
AND CONTRACTS.-Of the amounts appropriated' under para
graph (1) or (2) for any fiscal year, not less than 95 percent
shall be expended to carry out the purposes described in such
paragraphs through' grants. cooperative agreements, or con
tracts.
(5) LIMITATIONS ON APPROPRIATIONS.'-No amounts are au·
thorized to be appropriated under paragraph (1) or (2) for fiscal
year 1996 or any fiscal year thereafter unless the' Board has
-been' apjiotnted itt 'accordance with section 921.
(6) GRANT AUTHORIZED.
(A) IN GENERAL.-From the amounts appropriated pur
suant to paragraph (1) for any fiscal year, the Secretary is
authorized, in accordance with the provisions of this para
graph, to award a grant of not more than $5,000,000 to a
, public or private institution, agency or organization for a
period not to exceed 5 years for the purpose of conducting
a State-by-State poll to determine the perceptions of recent
graduates of secondary schools, their instructors in institu
tions of higher education, parents of recent such graduates,
and employers of recent such graduates on how'well schools
have prepared students for further education or employ
ment.
'
(B) MATCHING REQUIREMENT.-The grant described in
subparagraph (A) shall be awarded on a competitive basis
and shall be matched on a two-to-oneoosis by the recipient .
SEC. 918. ASSiSTANT SECRETARY FOR EDUCATIONAL RESEARCH AND
IMPROVEMENT.
'
Subsection (b) of section 202 of the Department of Education
Organization Act is amended
(1) in paragraph (1)
(A) by striking subparagraph (E); and .
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
..
(2) by adding at the end the following new paragraph:
"(3) There shall be in the Department an Assis(ant Secretary for
EducationalResearch and Improvement who shall be
"(A) appointed by the President, by and with the consent of
the Senate; and
_______ll}L..!>..elec.ted (giving due consideration to recommendations
from the NiitiOiiiiI-Eilu.cationiil-Research- Policy··and-Priorities-------
Board) from among individuals who- .
'
"(i) are distinguished educational researchers or practi
tioners;
"(ii) have proven management ability; and
"(iii) have substantial knowledge of education within
the United States. ".
SEC. 914. SAVINGS PROVISION.
Notwithstanding any other provision of law, contracts for the
regional educational laboratories, Educational Resources Informa
tion Center Clearinghouses and research and development centers
and regional educational laboratories assisted under section 405 of
the General Education Provisions Act, as such sectiori was in effect
on the day before the date of the enactment of this title, shall re
main in effect until the termination date' of such contracts.
SEC. 915. EXISTING GRANTS AND CONTRACTS.
(a) IN GENERAL.-Notwithstanding any other provision of law,
grants and contracts for the research and development centers as
sisted under section 405 of the General Education Provisions Act, as
such section was in effect on the' day before the date of enactment
of this Act, shall remain in effect until the termination date of such
°grilntsiir-contracts,-:as-the-casemay:be,except- thatsuch,gra,nts_:flnd
contracts may be extended to implement the provisions of this title.
(b) USE OF FUNDS.~/n carrying out subsection (a), the Sec·
retary shall use (unds approprio;ted pursuant to section 912(m)(1).
�104
PA..RT Ii-NATIONAL EDUCATIONAL RESEARCH'
POLiCY AND PRIORITIES BOARD
105
(10) provide recommendations for transLating research find- .
ings into workable. adaptable models for use in policy and ilL
practic(' across different settings, and recommendations for.
SEC. 921. ESTABLISHMENT WITHIN Ol<'I<'ICE OF EDUCATIONAL HEother forms of dissemination; and
'SEARCH AND IMPROVEMENT.
.
(J J) provide recorilmendations for creating incentives to
(a) IN GENERAL.-There is established within the Office a Na
draw talent(!d young people into the fidd of educationaL re
tional EducationaL Research Policy and Priorities Board.
search. !Tlcluding scholars from disadvantaged and minority
(b) FUNCTION.S.-It shall be the responsibility of the Board to-
groups.
".
(1) work coliaborativeLy with the Assistant Secretary to de
. (d) STANDING 8ImCOMMITTf.:ES.-The Board may establish a.
termine priorities that should guide the work of the Office and
slundilll{ subcommiUI:e for each of tlte 11l;o;titutes eSlablished by sec
provide guidance to the Congress in its oversight of the Office;
tion 93 J and for the O/lice of Reform Assistance and Dism~minati()n
.
(2) review and approve the Research Priorities PLan devel
establishcll by section 941(b) which shall advise. assist. consult with
oped by the Assistant Secretary in collaboration with the Board;
ami malie reeotnlllendations to the Assistant Secretary, the Board.
(3) review and approve standards for the conduct.and eval
the Director of Sllch entity a.nd the Congress on matters related to
uation of aLL research, development, and dissemiTUltion carried
the activities carrie(1 (lilt by and through such entities.
out under the auspices of the Office pursuant to this title; and
(e) PmVl·;m;(w TilE BOARD.-In carrying out its functions. pow
(4) review regularly, evaLu'ate, and publicly comment upon,
ers, and responsibilities, the Board-
the. implementation of its recommended priorities and policies
(J) shall, without regard to the provisions of title 5, United
by the Department and the Congress.
Stales Code. relating to the appOintment and compensation of
(c) ADDITIONAL RESPONSIBILITIES 01" THE BOARD.-It shall also
officers or employees of the Unite.d States. appoint a director to
be the responsibility of the Board to-.
he pai(1 (It a rat(! not to' exceed the rate of basic pay payable for
(J) provide advice and assistance to the Assistant S~cretary
level V of the J<:xecutive Schedule who shall assist in carrying
. in carrying out the coordination activities described in section
out and "ianaging the activities of the Board 'and perform such
912;
.
other functions the Board determines to be 'necessary and ap
(2) make recommendations to the Assistant Secretary of
propriate;.
.
persons qualified to fulfill the responsibilities of the Director of
' ( 2 ) shall u.tilize such,additiollal staff as may be appointed
each research institute established by section 931. after making
or assigned by the Assistant Secretary;
special efforts to identify qualified women and minorities and
(.1) may arrange for"the detail of staff personnel and utilize
soLiciting and giving due consideration' to recommendations
the services and faciliti~s of any. department or agency of the
Federal Government;
..
from professionaL associations and interested members of the
pubLic;
_
(4) may enter into contracts, or make other arrangements
(3) advise and make recommendations to the President .
as may be necessary to carry out its functions; ~
.
with respect to individuaLs who are qualified to fulfill the re-'
(5) shall porticipate in any public meetings or other activi:
sPonsibiLities of the Assistant Secretary for the Office;.'
ties carried out by the Assistant Secretary in the development
of the Research Priorities Plan;
(4) review.and comment upon proposed contract grant, and
cooperativt!: agreement proposaLs in accordance with section
(6) may review any grant. contract, or cooperative agree
931(c)(4); .;:r,
ment made or entered into by the Office;
(5) advise the United States on the FederaL educationaL re- .
(7) may. tothe extent otherwise permitted by law, obtain di
search and development effort; "
rectly from any department or ageney of the United States such
information as the Board deems neces.<iary to carry out its reo
(6) re{:ommend ways for strengthening active partnerships
sponsibilities; . '
.
.
among researchers, educationaL practitioners, Librarians,altd
polieymakers;
(8) may convene workshops and conferences. collect data,.
and establish subcommittees which may be composed of mem
(7) recommend ways to strengthen interaction and coLLabo
bers of the Board and nonmember consultants (incllJ.ding em
ration between the various program offices and components;. .
ployees or the Department of Education) with expertise in the
(8) solicit advice and information from the educational
particular area addressed by such subcommittees; and
.
field, to define research needs and suggestions for research top
(9) shall establish such ruLes and" procedures to govern its
ics,' and shall involve educational practitioners, particularly
operations as it considers appropriate, to the extent otherwise
teachers, in this process; .
.
permitted by law.
(9)-solicit advice from practitioners, polieymakers, and reo
(/) MEMIU<:RSIIIP IN GENERALsearchers, and recommend missions for the natiollal research
0) QUALWICATIONS_-The members of the Boord shall be
centers assisted under this title by identifying topics which re
individuals who, by virtue of their training, experience, and
quire long-term, slJ.stained, systematic; programmatic, and inte
background in educational research and the education profes
grated research and dissemination efforts;
sions, are exceptionally qualified to appraise the educational reo
�107
106
search and development effort of the United States a.nd to fulfill .
the responsibilities dt'scribed in subsections (b) alLd (c).
(2) BIIOAIJ HEPRESENTATION.~Due consideration shall be
given to the gender, race, alld etJl1licity of appointees to assure
that the Board is broadlY representative of the diversity of tht'
United States.
.
(3) LIMITATION.~A voting member of the Board. may not
serve on any other goveming or advisory board within the De
partment of Education or as. a paid consultant of such Depart
ment.
(4) CONFUCT OF INTEREST.-A voting member of the Board
shall be considered a special Government employee for the pur
poses of the Ethics in Government Act of 1978..
(g) Sl-XHETARIAL A,pPOINTMENTS.-The Board shall consist of
15 members 'appointed by the Secretary. Of the members of the
Board.
. (1) five shall be appointed from among researchers in the
field of education who have been Twminated by the National
Academy of Scilmces;
'.
.
(2) five shall be outstanding school·basedprofesslonal edu
caton;; and
"
(3) five shull be individuals who are knowledgeable about
the eclut~ational needs of the United States and may include
parents with experience in promoting parental invo/tlCment in
education, Chief State Sc.hool Officers, local educational agency
___ . __ ,_.__8.yp-eljntende1Jts,.PCiTM:.ipals,. I'!wm.be.r:s_o{ State.or_local_boar:ds _of- ~ _
. "
education or Bureau-funded school boards, and individuals
from business and' industry with experience in promoting pri
vate sector'involvement in education.
(h) REQUIREMENTS FOR NOMINATIONS BY TilE NATIONAL ACAD
EMY OJ.' SCIENCES,
(1) IN GENERAL.-In making nominations for the members
of the Board described in subsection (gX 1), the National Acad
emy of Sciences
(A) shall give due consideration to recommendations
from research and education organizations;
, (B) may not nominate any individual who is an elected
officer or employee of such organization; and. '
(C) shall nominate nat less than 5 individuals for each
of the positions on the Board for which such organization
has responsibility for making nominations.
(2) REQUEST FOR ADDITIONAL NOMINATIONS,~/n the event
that the Secretary determines that none of the individuals nom
inated by the National Academy of Sciences meets the qualifica
tions for membership on the Board specified in subsection (g), ,
the Secretary may request that such organization make addi
tional nominations.
'
(i)' NOMINATIONS FOR BOARD MEMBERSIIIP.-Prior'to appoint
---i,!g _any me.mber:_()fthe Boord, the .Secretary_ shall actiuely~sol!cit.~
'. . arid give diie consideration ,to recommendations -from -organizations
such as the National Education Association, the American Federa·
tion of Teachers, the National Parent-Teachers Association, the
American Library Association, the American Association of School
Administrators, the National Association of State Boards of Edu
_ _ _ _ __
cation. the National Indian School Board Association, the Associa
tiolL of Community Tribal Schools, the National Indian Education
Association, and other education-related organizations and inter
ested members of the public,
.
.
OJ Ex On-lelO MEMBERS.-The ex officio, nonvotillg members of
the Board shall include the Assistant Secretary and may also
include
(J) the Director of Research for the Department of Defense;
(2) the Director of Research for the Department of Labor;
(3) the Director of the National Science Foundation;
(4) the Director of the Nationallristitutes of Health;
(5) the chair ofthe National Endowment for the Arts;
(6) the chair of the National Endowment for the Human
ities;
(7) the'Librarian of Congress; and
(8) the Director of the Office of Indian Education Programs
of the Department of the Interior.
, (k) CllAlH.-The Board shaUselect a Chair from among its' ap
pointed members who shall'serue for a renewable term of 2 ye,ars.
(l) TERMS OF OFFICE.'
(J) IN GENERAL.-Except as provided in paragraphs (2) and
(3), the term of office of each voting member of the Board shall
be 6 years.
.
(2) EXCEPTIONS.-{A) Any individual appointed to fill a va
cancy occurring on the Board prior to the expiration of the term
'~f()r:...lf!hkh.J-'!e_p.!'..q!e.f.essor o[JlJ:<;...i1)s/.iJ!iql~g.Lwa.s.apPointed. shale. __ ..
be appointed for the remainder of the term. A vacancy shall be
filled in the same manner .in which the original appointment
was made.
'.
(B) The terms of office of the members. of the Board
who first take office after the date of the enactment of this
title shall, as desif.lnatedby a random selection process at
the time of appointment, be as follows:
(i) :ry(~an; f('lr each of 5 members of the Board.
(ii) 4 years for each of 5 members of the Board.
(iii) 6 years for each of 5 members of the Board.
(3) PROHI81TJON .oN CERTAIN CONSECUTNE TERMs.~An in
dividual who has been a member of the Board for 12 consecu
tive years shall thereafter be ineligible for appointmeut during
the 6-year period beginning on the date of the expiration of the
12th year.
(4) PROIiWITION HEGARDING REMOVAL.-:-Tht' Secretary shall
neither remove !lor encourage the departun~ of a member of the
Board before the expiration of such member's term.
(m) MEETINGS 0/0' BOAlw..
(1) INITIAL MEETlNG.-The Secretary shall ensure' that the
first meeting of the Board is held 1Iot later than May 15, 1995.
, (2) SUBSEQUENT MEl-:TINGS..:..-'rhe Board shall Tlwet quar
terly._ at (he .ca{l of IAe, Chai~._a1lJ'-tph.e.n . at [e.a.st ~one-third.of-_. _ .____ _
tlte members of the Board make a u'-rittenrequesrto',ileet, ". . --
. (3) QUOHUM.-A majority of the Board shall constitute a
quorum.
(4) OPENMEETINGS.-The Government in the SunshiTleAct
(5 U.S.C. 552b) shal/apply to meetings of the Board.
�109
108
PART C-NATIONAL RESEARCH INSTITUTES
SEC. 931. ESTABLISHMENT WITHIN THE OFFICE OF EDUCATIONAL RE
SEARCH AND IMPROVEMENT.
(a) ESTABLISHMENT OF INSTITUTES.-In order to fulfill the re
search ahd developm~nt purposes of the Office, and to carry out a
program of high-quality and rigorously evaluated research and de
velopment that is capable 'of improving Federal, State, Indian trib
al, and local education policies and practices, there are established
within tlie Office tlie following Institutes:
.
(1) The National Institute on Student Achievement, Cur
riculum, and Assessment.
. (2) The National Institute on the Education of At-Risk Stu
dents,
.
'
(3) The National Institute on Educational Governance, Fi
nan~~, Policy-Making, ahd Management.
(4) The National Institute on Early Childhood Development
and Education_
,
(5) The National Institute on Postsecondary Education, Li·
braries, and Lifelong Education."
'.:
,
(b)DIRECTORS.- .
(1) IN GENERAL.-Each Institute established by subsection
(a) :{h'all 6eheaded by a Director who shall be appointed by the
Assi~tan{ Secretary from among individuals who have signifi
cant experieTlce and expertise in the disciplines relevant to. the
purp.oses of such Institute. The Assistant Secretary shall giiJe
due ronsiderati6n to recommendations made by the Board of in
div!duals qualified to fill the position.
'(2) REPORTING,-Each Director shall report direc;tly. to the
As#stant Secretary rego,rding the activities of the Institute and
shall work with' the other directors to. promote reslfarcl~ syn
thesis'aeross the Institutes.
"
,.
(c) AUTIIORITlfo:S AND DUTIES.
(1) IN" GENERAL.-The Assistant Secretary is authorized to
conduc:t research, development, demonstration, and evaluation
activities to carry out the purposes for which such Institute was
established-.
(A) diret.:tly;
(B) through grants,' contracts,and cooperative agree
, ments with inHtitlitionsof higher education, regional edu
cational laborat()ri(~s, public and private organizations, in
stitutiolls, af.!encies, and indi!Jiduals, or a consortium there·
.
of, which may indudefij grants, to' support research and development
centers which are- .
,
(/) awarded competitively lor a period cif 5
, years and which may be renewed for an additional
5~~
(II)
.
'
of sufficient size, 'scope, and quality, and
fUllded at not less than $J,500;OOO aruwally in
order to support a filII mnf.!e of basic research, ap-"
plied research and dissemination actil.?ities, which
may also include development activities; and
(11/) established by'institutions of higher edu
cation, by institutions of higher education in con
sortium with public 'uf.!ericies or private nonprofit
organizations. or by interstate agencies established
by compact which operate subsidiary bodies estab:
fished to conduct postsecondary educational re
.
search and development;
(ii). mer'itorious unsolicited proposals for edu
cational research and related activities;
. '(iii) proposals that are specifically invited or re
quested by the Assistant, Secretary, on a competitive .
basis; and
',
(iv) dissertation grants, awarded for a period of
not more (han 2 years and in a total amount not to ex
ceed $20,000 to graduate students in the sciences, hu
manities, and the arts to support research by such
scholars in the field of education;,
(C) through the provision of technical assistance;
(D) through .the award of fellowships to support grad- .
uate study. in- educational research by qualified African
American, Hispanic, American Iridian and Alaska Native,
and other individuals· from groups which have been tradi:
tionally underrepresented in the field of educatio;wl re:
search which sh(lll"
(i) be awarded on the basis of merit for a period
of 3 years; and
(ii), provide stipends to each fellow in an amount·
which ~hall be set at a lev'el of support comparable to
that p;ovided by' the National Science Foundation
Grad!tate Fellowships, except that such amounts shall
be adjusted as necessary so as not to excef!d each fel
,
low's demonstrated level of need; and,
(E) through the award of fellowships in the Office for
scholars, researchers, policymakers, education practitioners,
librarians, arid statisticians engaf.!ed in the use, collection,
and dissemination of information about education and edu
, cational research which
(i) shall be awarded' following the biennial publi
cation in the Federal Register of proposed researchpri
orities and a period of 60 days for public comments
and suggestions with respect to such priorities;
.
(ii) shall be awarded competitively following the
publication of a notice if! the Federal Ref.!isterinviting
,
the submissiim of applications; ,
(iii) may' include such stipends and allowances, in
cluding travel and subsistence expenses proVided .under
title 5. United States Code, as the Assistant Secretary '.
considers appropriate;
,
(2J SCON: ANlJ FOCUS Of' ACTNITIEs.-clncarrying out the
purposes {or which each Institute is established, the Assistant
Secretary shall.
(A) maintain an appropriate 'balance betwe(~n applied
and basic research;
�llO
(8) significantly expafid the role of field-initiated re
St'arcil in meetin/! the education· research (lnd development
needs of the United States by' resenlifllf fwt less than 20
percent of the amollnts available to each Illstitute in fiscal'
years 1996 and 1997 and 25 percent ill liscal years 1998
and 1999 to support field-initiated.research;
(e) provide for alld maintain a stable fOllndation of
long-term research and development on' core issues and con
cerns conducted through university-based research ami de
lIelopment centers by reserving not less thanoue-third of
the amounts available to each Institute in any fiscal year
to support such research alld development centers;
(D) Sl4pport and provide research information that
leads to policy formation by State legislatures, State and
local boards of education, schools funded by the Bureau,
and other policy and governing bodies, to assist such enti
ties in identifying and developin/! effective policies to pro
mote student achievement and school improvement;
(E) promote research that is related to the core contellt
areas;
(F) plan and coordinate syntheses that prOliicle rest~arch
knowledge related to 'each level of the educatiun system
(from preschool to postsecondary eaucation) to increase un
derstandin/! of student pt~rformance across different edu
,.-________cational_levels;'---_
_____.- ___ . -- ___~ __._,
(G) conduct and support research iTl early childhood,
elementary and secondary, vocational, adult and post
secondary education' (including the professional develop
ment of teachers) to the extent that such ret>earch is related
to the purposes for which such Institute has been estab
lished;
(lI) conduct sustained research and development on
improlling the educational achievement of poor and minor·
ity individuals as an iTjtegral part of its work; and
(I) coordinate the Institute's activities with the activi
tit'S of the regional educational laboratories and with other
educational service organizations in designing the ,Insti·
tute's research, agenda and projects in order to increase the
responsiveness of such Institute to the needs of teachers and
the educational field and to bring research findings directly
into schools to ensure. greatest access at the local {euel to 'the
latest. research developments.
(3) Rf;lJlJlm;:Mf:NTS REGARJ)JNG PlNANCIAL ASS/ST,\NCK-No
grant, contract, or 'cooperative agreement may be made undt;r
.this title unless
.
' (A) sufficient notice o{.theavailability of, and oppor
;.. t~nity--lo:,compete,for...c assistance has firsCbeefLprollided
potential applicants through notice puhlishedin the -Fed
eral Register or other appropriate means;
(/3) such grant, contract. or agreement has been evalu·
ated through peer review in accor{lance with the standards
developed pursuant to 912(i};
111
(e) such grant. contract, or agreement will be evalu
ated ifi accordance with the standards developed pursuant'
to section 912(i};
'.
(IJr in the case of a grant. contract, or cooperative
agreement which exceeds $500,000 for a single fiscal year
or $1,000,000 for more than 'one fiscal year. the Secretary
has complied with the requirements of paragraph (4); and
(E) in the case of a grant, contract, or cooperative
agreement to support a research and development center,
all applications for such assistance have been evaluated by
independent experts according to standards and criteria
which inelude
(i) whether applicants have assembled a group of
high quality researchers sufficient to achieve the mis
sion of the center;
(ii) whether, the proposed organizational structure
and arrangements will facilitate achievement of the
mission of the center;
,
, (iii) whether there is.a substantial staff commit-'
ment to the work of the center;
(iv) whether the directors and support staff will ,de
, vote a majorityof their time to the activities of the cen
'ter; ,
(v) review of the contributions of primary research
ers (other than researchers at the proposed center) to'
evaluate the appropriateness of such primary research
-,--------- ---------:------ -ir's"fiipei'iences'Ciiidexpertise irf'thrcontexrof 1hii pr6:- -------- --- --
posed center activities, and the adequacy of silch pri'
mary researcher's time commitment to achievement of
the mission of the center; and
'
(vi) the manner in which the results of education
research will be disseminated for further use, ineluding
how.the center will work with the Office of Reform As
sistance and Dissemination.
(4) BOARD REVIEW OF CERTAIN PROPOSED GRANT AND CON·
TRACT ACTIONS.-The Assistant Secretary may not solicit any
contract bid or issue a request for proposals or applications for
any grant or cooperative agreement the amount of which ex
ceeds $500,000 in any single fiscal year or which exceeds an ag- '
gregate amount of $1,000,000 for more than one fiscal year un
less the Board has had an opportunity to review such proposed
grant. contract, or cooperatil1e agreement and to provide written'
comments to the Assistant Secretary with respect to whether
(A) the purposes and scope 'of the proposed action are
consistent with the Research Priorities Plan; and
(8) the methodology and approach of the proposed ac-,
tion are sound and adc;quate to achieve the objectives of
such grant, contract, or cooperative agreement.
(5) HISTOIUCAtLY UNDERUTIUZED RESf:ARCIIERS AND INSTI
Tl1TiiiNS~..:::.The·A~slsiiinr·Secritiir:y:shall·--.I;stiiDlisliafla
tain initiatives and programs to increase the participation in
the activities of each Institute 'ofgroups of researchers and insti·
tutions that have been historically underutilized in Federal edu
cational research activities, ineluding
�112
(A) researchers who are women, African-American,
Hispanic, American Indian and Alaska Native, or other
ethnic minorities;
,
; (B) promising young or new researchers in the field,
such as postdoctoral students and recently appointed assist
ant or associate professors;
(C) Historically Black Colleges and Universities. Trib
ally Controlled Community Colleges, and other institutions
of higher education with large numbers of minority stu
dents;
(D) institutions of higher education, located in rural
areas~ and
'
(E) institutions and researchers located in States and
regions of the United States which have historically re
ceived the least Federal support for educational research
and development.
,
(6) j\[)DITIONAL AUTHORITIES.-The Assis~ant Secretary
. (A) may obtain (in accordance with section 3109 of title
5 but without regard to the limitation in such section on
the 'period of service)-, the services of experts or· consultants
with scientific or professional qualifications in the dis,
ciplines relevant ,to the purposes of such Institute;
(B) may' use, with their consent, the services, equip
ment, personnel, information, and facilities of other lied
eral, Stpte, or local public agencies, with or without reim
bursement therefore; and
,(C) may accept voluntary and uncompensated services.
(d) NATIONAL INSTITUTE ON STUDENT ACIIIEVEMENT, CURRICU
LUM, AND ASSESSMENT.'
.
FINDINGS.-The Congress finds as follows:
(A) The current achievement levels of students in the
United States are far below those that might indicate com
petency in challenging subject matter in core content areas.
(B) During the last 20 years, relatively little,changed
in how students were taught. Despite much research sug·
gesting better alternatives, classrooms continue to be domi
nated by textbooks, teacher lectures, short-answer activity
sheets, and ,unequal patterns of student attention.
,(C) Despite progress in narrowing the gaps, the dif
ferences in performance bettpeen Caucasian stu,dents and
their minority counterparts remain unacceptably' large.
While progress has been made in 'reducing the gender gap
in mathematics, such gap still remains at hig/ler levels of
problem solving. Too little progress has been made in re
ducing gender performance gaps favoring males in science
and, females in writing.
,
(2) PURPOSE.-The purpose of the National Institute on
Student 'Achievement, Curriculum, and Assessment is to carry
out a coordinated and comprehensive program of research and
development to provide research-based leadership to the United
States as it seeks to improve' student achievement in core con
tent areas and the integration of such areas. Such program
shall-
.
113
(A) identify, develop, and evaluate innovative and ex
emplary methods to improve student knowledge at all levels
ill the core content areas, such as
(i) student learning and assessment in various
subject matters;
,
(ii). the effeCts of organizational patterns on the de
livery of instruction, including issues of grouping and
traelling, ungraded classrooms, and on the effects of
various pedagogies, including the issues of technology
in education;
(iii) standards for what students should know and
be able to do, particularly standards of desired per
formance set to internationally competitive levels;
(iv) methods to improve the process or-reading. the
craft of writing,· the growth of reasoning skills, and the
development of information·finding skills;
,,
(v) enabling students to develop higher order'
thinking skills;
.
(vi) methods to teach effectively all students in
mixed-ability classrooms;
,
(vii) curriculum, instruction, and assessment, in
. vocational education and school-to-work transition;
(viii) the impact and effectiveness of Federal, State,
and local efforts to provide gender-fair educational op
portunities to elementary and secondary students;
. (ix) programs, policies, approaches which promote
gender equity in elementary and secondary education;
(x) improving, the working conditions of teachers
and other educational practitioners, which may include
such topics as-.
(/) teacher isolation;
(ll) professional resources available to teach
ers;
(III) continuing educational and professional
opportunities available to teachers;
(N) physical facilities and equipment, such as
office space, telephone, computer access, and fax
machines and telellision cable access' available· to
teachers in the work environment;
(V) opportunities for teachers to share infor
mation and resources with other teachers and edu
cation professionals;
(v/) opportunities for advanced learning expe
.
rience; and
(VII) the reduction of stress in the teaching
profession;
(xi) curriculum development designed to meet chal
lenging standards, including State efforts to develop
such curriculum;'
'.
(xii) the /teed for, and methods of delivering, teach
er education, development, alld inseruice training;
(xiii) .educational methods and activities to reduce
and prevent violence in schools;
�114
115
(VIII) identifying and evaluating how students
(xiv) the u~e of technology in learning, teaching
with limited-English proficiency and students with
clIld testing; 'and
.
.
di~abilities are includeci and accommodated in the
(xv) other topics relevant to the mission of the in
various assessment programs of State and local
stitute;
education agencies;
(B) conduct ba~ic and applied research in the areas of
(IX) the feasibility and validity of comparing
human learning, cognition, and performance. including re
. or equating the results of different assessments;
search and development on the education contexts which
(X) test security, accountability, t'Ulidity, reli
promote excellence in learning and instruction, and motiva
nbility, and objectivity;
tional issues related to.learning;
.
(Xl) relevant teacher training and instruction
(C) identify, develop, and evaLuate programs designed
in giving a test, scoring a test, and in the use of
to enhance academic achievement' and narrow racial and
test r.esults to improve student achievement;
gender performance gaps in a variety of subject areas, in
(Xll) developing, identifying, .or evaluating
cluding research and development 'on methods of invoLving
flew educational assessments, including perform
parents in their chiLdren's education and ways to involve
ance-based and portfolio assessments which dem
business, industry and other community partners in pro
-onstrate skill and a command of knowledge; and
moting excellence in schools; and
.
.
(XIII) other topics relevant to the purposes of
(D) include a comprehensive, coordinated program of
the Institute; and.
,
research and development in the area of assessment
(ii) may r.eflect recommendations made by the Na
which- .
tional Education Goals Panel.
(i) addresses issues such as
(e) NATIONAL INSTITUTE ON THE EDUCATION OF AT-RISK STU
(/) the validity, reLiability, generaLizability,
DENTS.
costs, reLative merits, and most apprapriate' uses of
(1) FINDfNGS_-The Congress finds as follows:
various approaches and methods of assessing stu
(A) -The rate of decline in our urban schools is escalat
dent learning and achievement;
ing at a rapid pace. Student performance in most inner city
(II) methods and approaches to assessing stu.
schools grows worse each year_ At least half of all students
'-'aenCoppcfftuifities-' to' learlc{induding' the"quality - - -
entei'iTig- ,/i,ah -graae- fail--to 'graduate -4-years-later-and
of instruction and the availability of resources nec
,many ore students from high-poverty backgrounds leave
m
essary to support learning) and evaLuating the
school with skills that are inadequate· for today's work
quality of school environment;
place. Student performance in many inner city neighbor
(Ill) the impact of high-stakes uses of assess- '
hoods grows worse each year_ At least half of all students
merit on student performance and motivation, nar
entering ninth grade fail to graduate in 4 years. In .1992,
rowing of curriculum,. teaching practices, and .test
the average National Assessment of Educational Progress
integrity;
reading score of Caucasian 17 year-olds was approximately
(N) the impact of various methods of assess
25 points higher .thart that of African American 17 year
ment on children of different races, ethnicities,
olds and 20 points higher than that of Hispanic 17 year
gender, socioeconomic status, and English lan
olds.
guage proficiencies, and children with other spe:
(B) Rural schools enroll a disproportionately large
cial ne~ds;
.
slwre of the poor and at-risk students of the United States
(V) standards of performance, quality, and va
and yet often lack the means to address effectively the needs
lidity· for various 'methods of assessment and the
of these children. Intensive efforts should be made to over
come the problems of geographic isolation, declining popu
means by which such standards should bedevel
. oped;
latIOn, inadequate fina.ncial resources and other impedi
ments to the educational success of children residing in
(Vl) current and emerging testing practices of
rural areas.
State and local education agencies within the
(C) .By the year 2000, an estimated 3,400,000 school
United States, as well as other nations;
age children with limited-English proficiency will be enter
(Vll) the diverse effects, both intended and un
ing the school system. The Federal Government should de
intended, of assessments as actually UI;ed in the
velop effective policies and programs to address the edu
-.---.- --_schools,- including,.. effects~_on ,curt:iculum,aud in
i:iitional needs'of thisgrowing·populationofchildren-who· _. -'---:---:c-'-_
-. ,
- structum, effects on equity 1n -tlie a'Ltocatio;t i,f rEi:
are nt increased risk of educational failure.
sources and opportunities, efTects 'on equity of Ollt
(D) An educational emergency exists in those urban
comes, effects on other procedures and standards:
and rural areas where there are large concentrations of
for judging students and practitioners and possible
children who live in poverty. The numbers of disadvan~
inflation of test scores;
.
�U6
,;;..
taged c/tildren will substalltially increase by the year 2020,
when the number o{ 'impoverished children alone will be
16,500,000, a :J:l percent increase over the 12,400,000 chil
dren in poverty in 1987..
(E) American Indian and Alaska Native students have
high dropout, illiteracy and poverty rates, and experience
cultural, linguistic, social and geographic isolation. The es
timated 400,000 Indian and Alaska Native student popu
lation {rom over 500 Indian and Alaska Native tribes, is
small and scattered throughout renwte reservations and
villages in 32 States, and in off-reservation rural and
urban communities where Indians constitute but a small
percentage o{ public school stude!)t bodies. To meaningfully
address the special educational needs o{ this historically'
. under-served population, the existing' research and develop
ment system shoilld be opened to Indian and Alaska Native
people to identify needs and design ways to address such
needs.
(F) Minority scholars as well as institutions and
groups that have been historically committed to the im
provement. o{ the education o{ at-risk students need to be
more {ully mobilized in the e{{ort todevelop ci new genera
tion o{ programs, models, practices,' and schools capable o{
. responding to the urgent needs o{ students who are educa·
tionallyat-risk.
(2) PURPOSE.-/t shall be the purpose o{ the Institute on the
Education o{ At-Risk Students to carry out a coordinated and
comprehensive' program o{ resea,rch and development to provide
nonpartisan, research-based leadership to the United States as
.. it seeks to improve educational opportunities {or at-risk stu
dents_ Such program shall
. (A) undertake research necessary to provide a sound
basis {rom which to identify, develop, evaluate, and assist
others to replicate and adapt interventions, programs, and
models which promote greater achievel1j.ent and educational
success by at-risk students, such as
.
, (i) methods of instruction and educational prac
tices (including community services) which improve the.
achievement and retention o{ at-risk students;
(ii) 'the quality o{' educational opportunities af
{orded at-risk students, particularly the quality o{ edll
cational opportunities a{{orded such students in highly
concentrated urban areas and sparsely populated rural
a~~
.
(iii) methods.for overcomi'!gthe barriers to learn
ing that' may impede student achievement;
(iv) innovative teacher training and pro{essional
develvpment methods to help at-risk studeILts meet
challenging standards;
(v) methods to improve the quality o{ the education
o{ American Indian and Alaska Native students not
only in schools {unded by the Bureau. but also in pub
lic 'elementary and secondary schools located on or
near Indian reservations. including
117
(/) research on mechanisms to {acilitate the es
tablishment o{ tribal departments o{ education
that assume responsibility {or all education pro
grams _o{ State educational agencies operating' on
an Indian feservationand all education programs'
{unded by the Bureau on an Indian reservation;
(IV research on. the development o{ culturally
appropriate curriculum {or American Indian and
'Alaska Native students, including American In
dian and Alaska Native culture, language, geog
raphy, history and social studies, and graduation
requirements related to such curriculum;
(Ill) research on methods {or recruiting, train
ing and retraining qualified teachers from, Amer
icanlndian and Alaska Native communities, in
cluding research to prom(;te flexibility in the cri
teria {or certification o{ such teachers;
(TV) research on" techniques (or improving the'
educational achievement o{ American Indian and
Alaska Native students, including methodologies to
reduce dropout rates and increase graduation by
such students; and'"
.
. IV) research concernif'gthe per{ormance by
American Indian and Alaska Native students o{
limited-English proficiency on' standardized
achievement tests .. and related {actors;
(vi) means by which parents and community reo
sources and institutions (including cultural institu
tions) can· be utilized to IIllppor{ and improve the
achievement o{ at-risk students;
,
'
.
(pii) the training o{ teachers and other edueational
. pro{essimwls and paraprofessionals to work more e{{ec
tively with at-risk students;
'(viii) the most e{{ectivc uses o{ technology in the
education o{ at-risk students;
. .
(ix) programs designed to promote gender equity in
schools that serve at-risk studentll;
(x) imp"'oving the. ability o{ classroom teachers and,
schools .to assist new and diverse f'Jopula~i(ms o{ stu
dents in s/l(,:cess{ully assimilating into the classroom
environmt>nt;
.
(xi) methods o{ assessing the achiev!!lill'nt o{ sll/
dents which are sensitive to cllltural di{fi'r!"Lces, pro
lIide multiple methods o{ assessing studelltlearniuj.[,
support student acquisition of. high!!r order ('apabili
ties, a1ld enable identification o{ the ef{ects o{ inequal
ities ill the resources available to support the learning·'
o{ children throughout the United States:
(xii) other: topics relevant to the purpose o{ the In
stitute; ami
.
(B) maximize the participation o{ those schools and in,
stitutions o{ higher education' that serve the greatest 1/.U/1/
bel' o{ at-risk studt'lIt:; ill ~~IlU'r city and rural areas, and
on Indian ft!servations. including model collaborative pro·
�118
grams betwet'll scJwols and school Systl'lIl,';, illsti!utiollS of
higher education, cultural illstjtu/ions. aml community or,
ganiza/iOllS,
(3) CONSULTl\TION WITlI INlJHN AND AU\S/\/I NAT/V/:<: HOIl,
CATous,-AlI research and developnwnt acti(lities sllpp/)rtl~d hy
the Institute which re/atl~ to the education of Indian alld Alaska
Native students shall be developed iiL close consultation with
Indian and Alaska Native researchers and educators, tribally
controlled community collegt:.s, tribal departments of educatioll,
and others with expertise in the needs of Indian and Native
Alaska students.
NATIONAL INSTITUTE ON EARLY CHlLDlIOOD DEVELOPMI!.'NT
AND EDUCATION..
, .
(1) FINDlNGS;-The Congress finds as follows:
(A) Despite efforts to expand and improve preschool
programs, many children still reach school age unprepared
to benefit from formal education programs,
(8) Early intervention for disadvantaged children from
birth to age five has been shown to be a highly cost-effective
strategy for reducing later expenditures on a wide variety
of health, developmental, and educational problems that
often interfere with learning. Long-term studies of the bene
fits of preschool education have a demonstrated return on
investment ranging (rom three to six dollars for every olle
__._doll~r: !>pen.t~_.._: _ _.. '_ '. ____ ~ '-____ . __ , _.. ' ___ , __
.
(C) The Federal Government shoulit playa central role
in providing research-based information 011 early childhood
education models which enhance children's development
alld ultimatelv their success in school.
(2). PURPOsE.:-The purpose of the National Institute Oil
Early Childhood Development and EducatioTl is to carry. oul a
compr/~hensive program of research and deve/oprmmt to provide
nonpartisan, research-based leadership to the United States as
i/ seeks to improve early childhood deoe/opment and educatioTl.
Such program shall undertake research necessary to provide a
sound basis from which to identify, develop, evaluate, and as
sist others to replicate methods alLd approaches that promise to
improve early childhood deve/opment and education, such ali
. rA) social aud educational developmenlof infants, tod,
dIers, alld prel?chool children;
(B) the rule of parellts alLd the community in promoting
the successful social and educational development of chil
dren (rom birth to age five;
,
. (e) topics relating to children's readiness to learn, such
as prenatal care, nutrition, and heaith ser(~ices;
(D) family literacy and parental jrlUolvement in student
learning;
.~ .--:: -c.-·(EFiilitho{J-;iIor' 'inti~ffi-ii{iiig learning- in- seUin:gs'otJii:Y
than the classroom. particularly within {cwiilies and com
munities;
.
(F) practices and approaches which sustain the benefits
of effective preschool and child care programs;
m
119
. (G) effective learning methods and curriculum for early
chi./dhood learning, including access to current materials in
libraries;
(II} the importance of .Family literacy and parental in,
volvement in student learning;
. (/) effective teaching and learning lItethods, and cur
riculum; .
(J} instruction that considers the cultural environment
of children;
(K) access to current material.,; in libraries:
(L) the impactth'at outside influences have on learning,
including television, and drug and alcohol abuse;
(M) the structure and environment of early childhood
education and child care settings which lead to improved
social.and educational development;
.
(N) training and preparation of teachers and other pro
fessional and paraprofessional preschool and child care
workers;
(0) the use of technology, including methods to help
paren,ts instruct their children; and
(P) other topics relevant to the purpos~: of the Institute,
(3) CERTAIN REQWREMENTs.-In carrying out the activities
of the Institute, the Assistant Secretary shall ensure that the In
stitute's research and development program provides informa,
tion that can be utilized in improving the major Federal early
_______ ,__ ~_S:...hi~dl'!!od.!!.,ducation programs.
.
'.
(g) N ..\ TIONXi:-7&STiTVTE--ON -EDUCA1'JONAL--GovERNANCE;- -PI--
NANCE, POUCy,MAKING, AND MANAGEMENT..
(1) FINDlNGS,-The Congress finds as follows:
(A) Many elementary and secondary schools in the
United States
(i) are structured according to models that are in,
effective and rely on notions of management and gov
ernance. thal may be outdated or insufficient for the
challenges of the next century; and
(ii) are unsuccessful. in equipping all students with
the knowledge and skills needed to succeed as citizens
and in the working world.
(B) New approaches are needed in' the governance and
management of elementary and secondary education within
the United States at the State, local, school building and
classroom level.
'
.
(C) Not enough is known about the effects of various
systems of school governance and management on student
,achievement to provide sound guidance to policymakers as
such policymakers pursue school re,structuring and reform.
(D) A COllcentrated Federal effort is needed to support
research, development, demonstration, and evaluation of
approaches to school governance, finance ·and management
.whi(;h~-promise' to 'i'mprove education-equity and excellence ~
throughout the United States,
','
.
(2) PURJ~OSE.-lt shall be the purpose of the National Insti
tute on Educational Governance, Finance, Policy-Making, and
Management to carry out a coordinated and comprehensive pro
�121
120
...t_....
'.;:
~~~.
'~~
.
gram of research ahd development to prolJide nonpartisan, re
search-based leadership to the United States as it se(~ks to im
prove student achievement through school restructurinf! and re
form. Such program shall undertake research necessary to pro
vide a sounel basis from which to identify, develop and cl'aluate
.approaches in dementary cnd secondary se/lOol.governance, fi
nance; policy·making, and management at the State. local, trib
al, school building and classroom {ewi which promise to im
prove educationaL equity and excellence, such as
(A) open enrollment programs, public schonl choice.
magnet schools and other systems through which parents
may select the public schools and educational programs in
which their children are enrolled;
(8) innovative school del:iign, including lengthening the
schooL day and the l:ichool year, reducing· class size and
building professional development into the weekly sehm>!
schedule and, as appropriate, conductiltu such flirther re
search as may be recommended or suggested by the report
issued by the NationaL Education Commission on Tim!' mid
Learning pursuant to section 102 of the Education Coullcil
Act of 19,91 (20 U.S.C. /221-1 note); .
(e) effective approaches to organizing learning;
([)) effective ways' of grouping students for Lt!arning so
that a student is not labeled or stigmatized in waYI:i that
may impede sllch student's achievement;
(E) effective approaches to organizing, structuring, and
financing vocationaL education;
(F) the provision of financiaL and other rewards and
incentives to schools and educators based on performance
10 improue student achieuement;
(G)dhe use of reguLatory flexibility on the State or
school district level ·to promote innovatioll and schooL re
structuring;
.
. (H) poLicy decisions at all Leuels and the impact of silch
decisions on school achievement and other studtont out
comes;
(I) the effective use of dollars for elassroom construc
tion;
IJ) expanding the role of teachers in policymaking and
administration at the licluml and schooL district·wide /(!lle/;
(K) disparity in school financing amonu States. school
districts, schools, and schools funded by the Bureau;
(L) the use of technology in areas such as assisting ill
school-based management or ameliorating the effects of dis
parity in school financing among States, school districts.
and schools funded by the Bur(~au;
(M) the invol!1ement of parents and {amilies ill the
management and gouernance of schools and the educati()n
of their children; and
. (N) effectitte approaches to increasing the r(~pr('sellta
lion of women and· min()rities amOllg ·leadership and man
agement positions in education;
.
>
(0) approaches to systemic reforms involving the co
ordination of multiple policies of each level of gouernment
to promote higher leuels of student achieuement;
(P) approaches to coordinated services for children;
(Q) teacher certification at the State and tribal Leuels;
(R) school-based management, shared decisionmaking
and other innovatiue school structures, and State and local
reforms a,id educational poLicies, which show promise for
improving student achievement;
(S) policies related to school-to-work transitions and
preparing non-college-bound students; and
(T) oth(~r topics relevant to the mission of the Institute.
(IL) NATIONAl. INSTITUTE ON POSTSECONDARY EDUCATION, LI
BRARIES, AND Lln:LONG·LEARNING.
(1) FINDlNGS.-The Congress finds as follows:
(A) The American system of postsecondary education is
foremost in thl! world in such system's achievement of both
academic excellence and equity in access, but maintaining
that preeminence requires renewed efforts to strengthen the
quality of postsecondary education. Disappointing student
performance on achievement tests and Licensure examina
tions, declining rates of postsecondary education persistence
and completion among minorities, end other troubLing
trends in the quality of postsecondary educaiion should be
addressed by the United States as part of its overall drive
to improl1e American education.
.
(B) The need to improve our economic productivity of
the United States to meet the competitiue challenges of a
new, international economy; coupLed with high Ie lids of mo
bility in the United States labor market and demographic
changes in the workforce, now demands more and higher"
quality programs of Learning and training in the American
workplace.
.
(C) The more than 1,000,000 men and women incarcer
ated in the prisons and jails in the United States are
amoug the most severely educationally disadvantaged in
the United States, with high rates of functional illiteracy
and extremely low levels of educational attainment. Since
an estimated 90 percent of these individuals are expected to
be released by the end of the decade, the United States
TnUl:it act to assure that our correctionaL system has the
means to equip these Americaus with the knowledge and
skills they wiLL need to participate productively in our soci·
ety.
. .
(D) The development of (( "Nation of Studellt:,, " eapabh'
of and committed to the pursuit of formaL and informal
lifelonu learning and literacy is essential to sllstain both
national and individual economic success and to prO/tide a
nurturing environmc,/t in which all children and youth ca"
learn and achievl'. HistoriC(llly the most effectilw commu
nity resource lilr lifebmg learning, the public library system
of the Unit(~d States should expand aTld restructure its de.
livery
sel"lJices to take full advantage of tlte potential of
or
�122
123
new information' technologies to meet the needs of learning
(xii) effectiue teaching for the preparation and con
communities.
tinuing education of teachers:
,
(2) PURPOSI<:.-1'he purpose of the National Institute em
(xiii) the deueiopmellt and eualuatioll of curricular
•Postsecondary Education. Libraries, and Lifelong Learning is to
materials l'or the initial andco;ltinlling education of
promote greater coordination of FederaL research and develop
teachers and teacher educators;
ment on issues related to aduLt learning and to carry out a pro
(xilJ) the role of Historically Black Colleges and
gram of research and development in adult learning to provide
Uniuersities, Tribally-Controlled Indiall Community
nonpartisan, research-based Leadership to the United States as
Colleges, women's colleges, and other special mission
it seeks to improve libraries. postsecondary education, .literacy,
institutions in prouiding access, excellence, and equal
and lifelong learning throughout the United States. Such
opportunity in higher education;
"
'
program.
(xu) methods for eualuating the quality of cdu· '
(A) shall only support research and development in
cation at different types of institutions of higher edu
those areas of postsecondary education, libraries, literacy,
cation at all levels and the roles and responsibilities of
. and lifelong learning which are not being addressed by
regional and national accrediting agencies;
,
other entities within the Federal Government;
(xvi) methods for. eualuating tlte productivity of dif
(B) may include basic and applied research, deuelop
ferent types of institutions of higher education;
ment, replication, and eualuation activities in areas such
(xvii) financial barriers to postsecondary edu
as
cational opportunity, including
(i) methods of assessing and evaluating indiuidual,
(/) the role of Federal programs authorized
program, and institutional performance;
_
, under title IV ofthe Higher Education Act of 1965
(ii) the uses and applications of new technologies
and State grant and work programs in mitigating
to improve program effectiveness and enhanc.e student
such barriers;
,
learning;
,
.
(Ii) the impact of the, rising total cost of post
(iii) the most effectiue training methods for adults
secondary education 011 access to higher education;
,to upgrade education and uocational skills;
(Ill) the extent and impact of student reliance
.-'-_
____
IJuLopportunities for adults to continue their edu
..oltloans_to.meet.the costs_of higher_education;_.
cation beyond kiine;: edu:CiJtiona-Tid"gi-cidilate- scniiOl;---
(xviii) opportunities for adults to continue their
in the context of lifelong learning and informationeducation beyond higher education and graduate
finding skills;
,
school, ill the context of lifelong learning and informa,
(u) adult literacy and effectiue methods; including
tion-linding skills;
techndlogy, to eliminate illiteracy; _
(xix) preparing students for a lifetime of work, the
(ui) preparing students for a lifetime of work, the
ability to adapt through retraining to the changing
ability to adapt through retraining to the changing
needs of the work force and the ability to leamnew
needs of the work force and the ability to learn new
tasks; and
tasks;
,
(xx) other topics relevant to mission of the Insti
, (uii) the use of technology to develop and deliuer ef
tute.
fectiue ,training methods for adults to upgrade their
(3) INVOLVI<:MENT OP CERTAIN AGENCIES AND ORGANIZA
education and their vocational skills;
TJONS.-In promoting coordination and collaboration all re
, (viii) institutional and classroom policies al/d
search and development ori issues related to postsecondary edu
practices at, the postsecondary level 'necessary to im
cation, literacy, libraries, and lifelong learning, tlte Institute
prove matriculation, persistence. achievement and
shall, as appropriate, seek the involvement
graduation by students who are economically dis
(A) within the Department of Education of
advantaged" ethnic and racial minorities, women,
(i) the Office of Library Programs;
older, working, and who have children;
(ii) the Office of Correctional Education;
(ix) instructional practices and programs which
(iii> the Office of. Vocational and Adult Education;
are effective in correctional settings;
(iv) the National Institute on Disability and Reha
(x) new models of service deliuerylor public library
bilitation Research; and
systems which expand (lpportunities for lifelong learn
(v) the Office of Postsecondary Education;
ing;_ .,___.-.:. ___ .__ " ' _ ' .,..... _, ~
'. ~(B) o{the'Natiiiifallifstitiile {orDiteracy;c r · - - , · - . - - - - ,
. (xi) effective ptogram~( and approliches-which-pro:
mote greater access to and success by minorities in
(C) of the, National Board for Professional Teaching
Standards;
.
,
postsecondary programs which prepare such minorities
for scientific, technical, teaching, and health career
(D) of the Employment and Training Administration of
fields,'
the Department ,of Labor;
�124
.;:
-~T
".
~.~
..
f·
'""
;(E) of. the Administration for Children and Families
within the Department of Health and J/uman Services;
(F) of the National institutes of Health; .
(G) of the National Endowment for Humanities;
(R) of the National Endowment for the Arts;
(/) of the Bureau of Prisons oFthe Department o{Jus
tice;
(J) of the Department of Commerce;
(K) of the Department of Defense; and·
(L)of the Office of Indian Education Programs of the
Department of the Interior_
(4) ADDITIONAL RESPONSIBILITIES.-In addition to the re
spon,sibilities described in paragraph (2), the. Assistant Sec
retary shall ensure that the activities of the National Center on
Litefacy are fully coordinated with those of the National Insti
tute for Literacy.
.
.
COORDINATION AND RESEARCH SYNTHESIS.-The Assistant
Secretary shall promote and provide for research syntheses and the
coordination of research and development activities among the Insti
tutes established by this section to investigate those cross-cutting
disciplines and areas of inquiry which are relevant to the missions
of more than one of the Institutes. Such activities
(1) may be carried out jointly by any 'one of the institutes
and
(A) one (or more) of the Institutes;
(B) the National Center for Education Statistics; or
(Cf any research and development entity administered
by other offices of the Department of Education or by any
other Federal agency or department; and
.(2) shall meet all the standards developed by the Assistant
Secretary and approved by the Boord for other research and de
velopment conducted by the Office.
(j) DATES F.OR ESTABLISHMENT OF INSTITUTES.-The National
Institute on the Education of At-Risk Students, the National Insti
. tute on Educational Governance, Finance, Policy-Making, and Man
ageTnent, the National Institu(e on Early Childhood Development
and education, the National Institute .on Strident Achievement;
Curriculum, and Assessment and the National Institute on Post
secondary Education, Libraries, and Lifelong Learning shall each
be established on October 1, 1995.
PART D-NATIONAL EDUCATION
DISSEMINATION SYSTEM
SEC. 941. ESTABLISHMENT WITHIN OFFICE. OF EDUCATIONAL RE
SEARCH AND IMPROVEMENT.
(a) IN GENERAL.:.......
(1) FINDlNGS.-'fhe Congress finds as follows:
(A) In order to improve the American educational sys
tem for all students, achieve the National E(lucatioll Goals,
and provide for greater educational eiluity, policymakers.
administrators, teachers, and parl!1tts must hav(! ready ac
cess to the best information and methods available as a re
sult of educational research and development.
125
(B) The Office of Educational Research and Improve
ment should have as one of its primary purposes the dis
semination of such information and methods in order to as
sist the national education reform effort.
(C) All current resources within the Office, the Depart
ment of Education, and other agencies that can help accom·
plish the purposes described in subparagraph (B) should be .
.coordinqted by the Assistan·t Secretary, to the extent prac
ticable, so as to form a systematic process to accomplish
such purposes.
(D) .Education research has the capacity to improve
leaching and learning in our Nation's schools, however,
teachers need training in the skills necessary to translate
research into practice and to allow teachers to become
knowledgeable practitioners and leaders in educational im·
provement.
(E) Adequate linkages between research and develop·
ment providers and practitioners are essential to ensuring
that research on effective practice is useful, disseminated to
and supported with technical assistance for all educators,
and that all educators are partners in the research and de
velopment process.
(2) PURPosE.-The purpase of this section is to.
. (A) create a national system of dissemination, develop
ment, and educational improvement in order to create,
adapt, identify, validate, and disseminate to educators,
panmts, and policymakers those educational programs that
have potential or have been shown to improve educational
..
opportunities for all stUdents; and
.
(B) empower and increase the capacity of teachers to
participate in the research and development process.
(3) DEnNITION OF EDUCATIONAl, PROGRAM.-For the pur
poses of this section, the term "educational program")ncludes
educational policies, research findings, practices, and products .
(b) ESTAlJLlS/lMENT o/<' OFnc/<:.-,
(1) IN GENERAL.-There is established within the Office an
Office of Reform Assilitaltce and Dissemination (hereafter in
this section referred to as the "Dissemination Office") through
which· the Secretary shall carry out all functions and activities
described· iT! this section. Such office shall be headed by a Direc
tor who shall bl! appointed by tlte Alisi:.;Umt Secrdary Clnd have
demonstrated expertise and experience in dissemination, iliclud
ing promoting the effective use of research in the classroom.
(2) CERTAlN DUTIEs.-The Dissemination Office sha/l
(A) disseminate relevant and useful research, informa
tion, products, and publications developed through or sup
ported .by the Department of Education to schools, edu
cators, parents, and. policymakers throughout the United
States;
(8) operate a depository for all Department of Edu
cation publications and products and make available for
.
reproduction such publications and products;
(C) provide technical and {luandal assistance to indio
viduals and organizations in the process of developing
�126
promisin~
educational pro~ram~ but who might not. with
out such assistance. be able to compiek necessary deuelop:
ment and assessment activities;
(D) coordinate the dissemination efforts of the Office.
the regional educational labomtories. the research insti
tutes, the National Diffusion Network. and the Educational
Resources Information Cellter, Clearinghouses;
(E) provide training and technical assistance regarding
the implementation and adoption of exemplary and promis
ing programs by interested entities;
. (F) carry out a program of research on models for sue
cessfulknowledge dissemination, and utilization, and strat
egies for reaching education policymakers; practitioners,
and others interested in education;
(G) develop the capacity to connect schools and teachers
seeking information with the relevant regional educational
laboratories assisted under subsection (h), the National Dif
fusion Network, the Institutes assisted under this section,
and the Educational Resources Information Center Clearinghouses; and
.
(H) provide a biennial report to the Secretary regarding
the types of information, products, and services that teach
ers, schools, and school districts have requested and have
determined to be most useful, and describe future plans to
adapt Department of Education products and services to
.
.
address the needs of the users of such jn[ormation,_prod-___ ____
._. _~ __ _
-----~-:ucts, atidservlces:-' --.' -.- - - --~
(3) ADDITIONAL DUTIES.-The Dissemination Of/ice shall
carry out a process for the identi/ication of educational pro
grams that work, dissemination through electronic networking
,and new technologies and the functions and activities per·
formed by the following:
(A) The Educational Resources Information Center
Clearinghouses.
(8) The regional educational laboratories.
(C) The Teacher Research Dissemination Demollstration Program.
.
(D) The Goals 2000 Community Partnerships Program..
(E) The existing National Diffusion Network and its
Developer-Demonstrator and State Ji'acilitator projects.
(F) Such other programs, activities, or entities tlte Sf~('
retary determines are consistent with purposes for whieh
the Dissemination Oflice is established.
(cJ IDl>:NTWICATIUN OF PROCRAMS.-The Assistant Secretary
shall coordinate a process through which successful educational
programs are actively sought out for possible dissemination through
the national educational dissemination system. Such' process shall,
at a minimum, hav~~ the capability to_ fl.), I1J0rl}_cio3,!.'/y'_3vith !ll,e_I!lstit y./e/i. ,rel!earch (llId _de,~ld()p- __ .._,_
'.,'wnt centers, regional educational laboratories, the' National' .
Diffusion Network and its Developer-Demonstrator al/d State
Facilitfltor projects. learning grant· institutions established
under the Goals 2000 Community Partnerships Program, De·
partment of Education-supported technical assistance providers,
127
and other entities to identify sUCl.'essful educational programs at
the regional. State, local, or classroom levd;
(2) review successful educational Ifrograms supported by
the Department of Education through a I of its programs;
(3) through cooperative agreements, review for possiblc in
clusion in 'tlte system educational programs administered by the
Departments of Health and Human Services (particularly the
Head Start pro~ram), Labor, and Defense, the National Science
Foundation, the Department of the Interior (particularly the Of
/ice of I"diall Education Programs), and any other appropriate
Federal agency; and .
(4) provide for an active outreach effort to identify success
ful educational programs, through cooperative arrangements
with Stale and local education agencies, teachers and teacher
organizations, curriculum asso.:iations, foundations,' 'private
schools, institutions of higher education, and other entities that
clJuld enhance the ability of the Secretary to identify programs
for possible indusioTl in the disselllinatiorl system.
"
(d) DESIGNATION UJ.' EXEMPLARY AND PROMISING PROGRAMS.
(1) IN (;ENERA1,,~The Assi.<;tant Secretary, in consultation
with the Boord, shall establish 1 or more panels of appro
priately quali/ied experts and practitioners to:' .
, (A) eualuate educational programs that haul' been iden
tified by the Secretary under subsection (c) or that have
beeT! submitted to the Secretary for such evaluation by some
_Qt!ter individuaLor..organization;_ and-- ---. - -,.- ,-- ,
(BJ recommend to the Secretary programs that should
be designated as exemplary or promising educational programs.
.
(2) CONSIlJERATJONS IN MAKING RECOMMENDATIONS.-In
determining whether an educational program should receive a
recommendation under paragraph (1), a panel established
under such paragraph shall consider~
(A) whether, based on empirical data, which may in
clude test results, the program is effective and should be
designated as exemplary and disseminated through the na
tiOTlOl dissemination system; or
.
(B) whether tltere is suflicient evidence to lead a panel
of experts and practitioners to believe that the' program
sholVs promise for improving student achievement and
should be designated as promising and disseminated
through the national dissemination system while the pro·
gralll continues to be evaluated.
.
(3) Rf.:QUlREMENT REGARDING APPROVAL OF PROGRAMS.-In
seeking out programs for approval under paragraph (2), the As
sistant Secretary shall seek programs that may be implemented
at the State, local, and classroom level.
(4) REQUIREMENTS REGARDING PANELS.-'
___
.lA)A_panelshallno,t eliminate;a:program1rom, consid·
_ ~ __ _
. - ' .. - eration under this subsection based solely on the fact that
the program does not have one specific type of supporting
data, such as test scores.
.
.
IB) The Assistant Secretary may not designate a pro
gram as exemplary or promising unless a panel established
�128
under paragraph (1) has recommended that the program be
80 designated.
.
rC) The Secretary shall establish such pw/els undl!r
paragraph (/j as may be twces,wtry to ensltre that each pro"
gram identified or submitted for eualuation is eualuated.
.
(D) Not less than 21:1 of the membership of a [lanel es
tabli8hed under paragraph (II shall consist of indiuiduals
who are not officers or emph~vees of the United Stares.
Members of panels under paragraph (1 I who are 7/0/ em
ployees of the United States shall receive compensation (or
each day they are engaged in carrying out the duties of the
·panel as well as compensation f<lr their ('Xill'lIs!'s.
(e) DISSI-:MINATION OF EXHMPI-ARY AND PHOMISING Pun
GRAMs.-In: order to ensure that programs identified as e:wmpi(lry
or promising are auailable for adoption by the greatf'st IIl1mbl!r of
tea('hers, schools, local and State education agencies, and Burpau.
funded schools, the Assistant Secretary
of shall utilize the capabilities
;..
.'}
0)
houses; the Educational Resources Information Center Clearing
.
(2) electronic networking;
(::,) the rrgional educationallaboratoril!s; .
. (4)the Nutiorwl Diffusion' Network;
(5) entities established under the Goals 2000 Community
Partnerships Program;
(6) departmimt-supported technical assistance prouiders;
(7) the Nq.tional Library of Education,' and
(8) other public and private' nonprofit entities, including ex
isting education associations and networks, that have the cGpa;
bility to assist educaton; in adopting' exemplary and promising.
programs,
.
EDlJCATIONAL RESOURCES INFORMATION CENTER CU'..'ARING"
HOUSES."
'.
(1) IN GENEHAL.-The Assistant Secretary shall "establish a
system of 16 clearinghouses having. at 11 minimum, the fime.
tions and scope of work a!i the dearirtghouses had on the day
preceding .the date of the enactment o( this title. The Assi8timt
Secretary shall establish (or the clearinghouses.a policy (or the
abstraction from. and inclusion in, the Educational Resources
Information Center Clearinghouses system· for books, periodi.
cals, reports, and other materials related to education.
. .
(2) ADDITIONAL FUNCTlONS"~/n addition to those functiolls
carried ()/it by the clearinghouses on the day preceding the date
of the enactment of this title, such clearinghouses may
(A) periodically' produce interpretiue summaries, di
gests, and syntheses
the results and findings of" edu
cation-relat(~d research and deuelopment;and
(B) contain and make available to users information
concerning those .programs designated as' exerriplary and
promising under subsection (d).
(3) COORDINATf()N OF .ACTIViTIES.-The Assistant Secretary
shall assure that the functions flnd activities of such clearing
houses ar~ coordinated with the actiuities of the Institutes, the
regional educational laboratories, learning grant institutions,
m
or
129
other clearing/lOuses supported by the Department of E(lucation,
the National Diffusion Network, and other appropriate entities.
. within the Office and such Department.
(4) SPECIAL RESPONSIIJILITIES OF TilE SECRETARY."-To as
sure that the information prol1ided throu{{h such clearinghouses
is fully comprehensive, the Secretary shaLL'.
(A) require that all reports, studies, and other re,~Ollrces .'
produced directly or by {{rant or contract with the Depart-.
ment of Education are made available to clearinghouses;
(B) establish cooperatiueagreements with the. Depart
ments of Defense, Health and Human Services, Interior,
and other Federal departments and agencies to assure that
all education"related reports, studies, and other resources
produced directly. or by grant, from or contract with the
Federal Gouernment are made auailable to su::h clearing
houses; and
. '
(C) devise an effectiue system for maximizing the iden
tification, synthesis, and dissemination of informationre
latedto lhe needs of Indian and Alaska Natiue children.
(5) COPYRIGHTPROHlBlTED..
(A) No clearinghouse or other entity receiving assist"
ance under this subsection may copyright or otherwise
charge a royalty or other fee that-":'
(i) is (or the. use or' redissemination' of any
database, index; abstract, report, or other information
.produced with assistance under this subsection; and
(ii) exceeds the incremental cost of disseminating
such information.
. (B) For purposes of subparagraph (A), the incremental
cost of dissemination· does not include any portion of the
cost of collecting, organizing, or processing the information
which is disseminated.
(g) DISSEMINATION THROUGH NEW TECHNOI.OGIES.
(1) INGENERAL.-The Assistant Secretary is authorized to
award grants or contracts in accordance with this subsection to
support the development of materials, programs, and resources
which utilize new technologies and techniques to synthesize and
disseminate research (md deuelopment findings and oth(~r infor
mation which can be used to support educational improvement.
(2) ELECTRONIC NETWORKiNG.
(A) ELECTRONIC NETWORK.-The Assistant Secretary,
acting through the Office of Reform Assistance and Dis
semination, shaLL establish and maintain an electronic net"
work which shaLL, at a minimum, link
(j) each office of the Department of Education;
(ii) the Institutes established by section 931;
(iii) the National Center for Education Statistics;
(iu) the National Libraryo( Education; and .
(uj entities engaged in research, development, dis
semination, and technical assistance under grant from,
or contract, or cooperatiue agreement with, the Depart
ment of Education.
. WI CERTAIN RI-:QUIREMENTS HJR NETWORK.-The net
work described in subparagraph (A) shaLL
77-514 0 - 94 - 5
�130
131
(i) the submission of applications for assistance to
(i) to the extent li~asible, buih/ upun existing na
the Department of Education; and
tional, regional, aml State electronic netwurks and sup·
(ii) the collection of data and other statistics
port /.!ideu, telecomputing, alld interac:ti{le communim
through the National Center for EducationStalistics.
tions· .
. (E) TRAINING AND TECJJNICAL ASSISTANCE.-The Assist
iii) at a minimum, havI! the capability to support
ant Secretary, acting through the Office of Reform Assist
electronic mail and lile transfer services;
ance and Dissemination, shall
. (iii) be linked tu and accessible to other users, in
(i) provide such training and technical assistance
.eluding State and local education agencies, institutions
as may be necessary to enable the contractors and
of higher education, museums, libraries, and others
grantees described in clause (v) of subparagraph (A) to
through the· Internet and the National Research (lnd
participate in the eleCtronic network described in such
Education Network; and
subparagraph; and·
.
. ·(iv) be provided at no cost (excluding the costs of
(ii) work with the National -Science Foundation to
necessary hardware) to the contractors and grantees
provide, upon request, assistance to State and· local
described in clause (v) of subparagraph (A) and to edu
educational agencies, the Department of the Interior's
cational institutions accessing such network through
Office of Indian Education Programs, tribal depart
the Internet and the National Research and Education
ments of education, State library agencies, libraries,
Network.
museums, and other educational institutions in obtain·
(C) INFORMATION RESOlJRCJo;s.-The Assistant Sec
ing access to the Internet and the National Research
retary, acting through the Office of Reform Assistance and
and Education Network.
.
Dissemination, may make available through the lIetwork
(h) REGIONAL EDUCATIONAl, LABORATORIES FOR RJ.:SEARCH, DE
described in subparagraph (A).
VELOPMENT, DISSEMINATION, AND TECllNICAL ASSISTANCR.
(i) information about grant and contract assistance
(1) REGIONAL EDUCATIONAL LABORATORIES.-The Assistant
available through the Department of Education;
S('cretary shall enter into contracts with public or private non
. (ii) an annotated directory of current research and
profit entities to establish a networked system of not less than
__ Ae'p_e}QP'~t~~t ..a(:ti vitJ.eLa'l.d__ pr9je..q~ .. b?Lng. _unJf.llrJ(1,ke.Il ..
- --- ---_. ..
10-and- rIOt. more_ .than...12_.regionaLeducational. .labomtor:ies.
with the assistance of the Department of Educatiun;
which serve the needs of each region of the United States.in ac
(iii) infurmation about publications publisht'([ by
cordancl! with the provisions of this subsection: The amount of
the Depa·rtment of Education and, .to the extent fea
assistance allocated to each laboratory by the Assistant Sec
sible, the full text of such publications;
retary shall reflect the number of local educationaL- agencies
(iv) statistics and data published by the National
and the number of school-age children within the region.served
Center for Education Statistics;
by such laboratory,. as well as the cost of providing services
(v) syntheses.of research and development findings;
within the geographic area encompassed by the region.
(vi) a directory of other education-related electronic
(2) REGIONS.-The regions served by the regional edu
networks and databases, including information about
cational laboratories shall be the 10 geographic regions in exist
the means by which such networks and databases may
ence on the day preceding the date of the enactment of this title,
be accessed;
.
except that ill fiscal year 1996, the Assistant S,ecretary may sup
(vii) a descriptive listing of materials and cours(~s
port not more than 2 additional regional educational labora
of instruction provided by telecommunicatiuns partner
tories serving regions not in existence on the day preceding the
ships assisted under the Star Schools program;
date of enactment of this Act, provided that
(viii) resources developed by the Educational Re·
(A) the amount appropriated for the regional edu
sources Information Center Clearinghouses;
cationallaboratories in fiscal year. 1996 exceeds the amount
.
(ix) education-related software (including video)
appropriated for the regional educational laboratories in
fiscal year 1995 by. not less than $2,000,000;
.which is in the public domain;
(8) each such additional regional laboratory shall be
(x).a listing of instructional materials availabie
supported by flot less than $2,000,000 annually;
through telecommunications to local education agellcies
(C) the creation of any such additional laboratory reo
through the Public Broadcasting Service and State
. gion is announced at the time of the announcement ofthe
edui.:ational television networks; and
;-_. -;-:competitjon.[or: contradsJor. .all_regionol.educ.ationa( ~ab:.. ___
, .. (xi)· such ·other information-arid-resources the -As-"~
..
- ...- - .
.....
.
-
oratories;
sistant Secretary considers useful and appropriate.
(D) the creation of a regional educational laboratory
., . .(D) EVALUATIONS REGARDING OTHE.'R FUNCTIONS OF
that involves the combination or subdivision of a region or
. NJo;TWURK.--:--The Assistant Secretary shall also undertake
regions in existence on the day preceding the date of enael
projects to test and evaluate the feasibility of using the lIet
ment of this Act in which States in 1 such r.egion are com
work described in subparagraph (A) for
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132
'.
.~~
bined with States in another such region does not result in
any regioll in existence on such date permanently hecbming
part of a larger region, nor result in any, such region per
manently subsuming another region, nor: creates within thf!
continental United States a region that is smaller than 4
contiguous States, nor' partitions a region in 'existence on
the day'preceding the date of the enactment of this Ad to
include' less than 4 contiguous States included in the region
on the day preceding the date ofenactment ofthis Act;·
(E) .the Assistant Secretary. has published' a notice in
thf! Federpl Register inviting the public, for a period of not
less than 60 days, to make recommendations with respect
to the creation of 1 or 2 additional regional educational
laboratories;'
.'
.'
(F) the Assistant Secretary has solicited and received
letters of support for the creation of any new region from
the Chief State School Officers and State boards of edu
cation in. each of the cQntiguous States. that would ·be in
cluded in such new region_
..'
(3) DUTIES.-Each regional educational laboratory receiv
ing assistance. under this section shall promote theimplementa- .
tion of broad-based systemic school improvement strategies and
shall have as.' such laboratory's central mission and primary
function to-·..
.
'
.
. (A) develop and disseminate educational research prod
ucts aru:J. processes. to schools; teachers, local educational
. agencies, 'State educational agencies, librarians, and
schools funded by the Bureau, as appropriate, q.nd through
such development and dissemination, and provide technical
assistance, to help all students meet standards;
(B) 4evelop a plan for identifying and serving the
ne~ds of the region by conducting a continuing survey ofthe
editcatioQal needs, strengths, and weaknesses within the re
gion, including a process of open hearings, to solicit the
views of:schools, teachers, administrators, parents,' local
educational agencies, librarians, and State educational
agencies within the region; ' . '
.
.
(C) provide technical assistance to State and local edu
cational agencies, school boards, schools funded by the Bu-,
reaui as appropr,iate, State boards of education, schools,
and librarians;
(D) facilitate school restructuring at the individual
school level, including technical assistance for adapting
model demonstration grant programs to each school;
(E) serve the' educational development needs of the re
gion by providing education research in usable fQrms ,in
order to 'promote school improvement' and academic
achievement and to correct educational. deficiencies;
.(F) facilitate communication between educational ex
perts, school officials, and teachers" parents, and librar
ians~ to enable slich individuals to assist schools to develop
a plan to meet the National Education Goals;
(G) provide training in
. (i) the field of education: research and related
'.
areas; .
(ii) the use of new educational methods; and
(iii) the use of information-finding methods, prac
tices, techniques, and products developed in connection
with such training for which the regional educational
laboratory may suppor:t internships and fellowships
,and provide stipends;
.
"
(H) use applied educational research to assist in solv
ing site-specific problems and to assist in development ac
tivities;
,
(1) conduct applied research projects designed .to serve
the particular needs of the region only in the. event that
such qUfJ,lity applied research does not exist as determined
. by the regional education laboratory or the Department of
Education;
.
'(J) collaborate and coordinate services with other tech
nical assistance providers funded by the Department of
Education;
,
.
.
.
(K) provide support 'and technical assistance in
(i) replicating and adapting exemplary and prom
ising practices; .
'
.
ai) the development of high-quality, challenging
.
curriculum frameworks;".
. (iii) the development of valid, reliable assess11l;ents
w/lich are linked to State, local, or Bureau-funded con~
tent and student performance standards' and reflect re
cent ,advances in the field ofeducational assessment;
(iv) the improvement' of professional development
strategies to assure that all teachers are prepared to
teach a challenging curriculum; . . .
(v) expanding and improving' the use of technology
in education to improve teaching and learning;
.
(vi) the development of alternatives for restructur
ing school finance systems to promote greater 'equity in
the distribution of resources;. and
(vii) the development of alternative administrative
structures whfCh are more conducive to ,planning, im
plementing, and sustaining school reform and im
.
proved educational outcomes; and
(L) bring teams of experts together to develop, andim-'
plement school improvement plans and strategies;
(4) NE1WORKING:-In order to improve the efficiency and ef
fectiveness of the regional laboratories, the governing boards of
the regional laboratories shall establish and maintain a net
work to'.
(A) share information about the activities each labora
,....
tory is carrying out;
.
,
(B) plan joint activities' that would meet the. needs of
multiple regions; '.
.:
.
.(C) create a strategic plan for the development ofactivi
ties undertaken by the laboratories to reduce redundancy .
and increase collaboration and resource-sharing in such ac
tivities; and
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134
~
(D) .otherwise devts(! means by which the work or the .
individual laboratories could serve national, as well as re·,
gi01w.I; needs,
,
(5) ADDITIONAL VUTIES.-Each. regiofUlI education labora
tory receiving assistance under Ihis subsection shall carry out
the following activities:
(A) Collaborate with the Institutes established I/-nder
section 931 in order to-
(i) maximize the Use of research con..ducted through
the Institutes in the work of such laboratory;
(ii) keep the Institutes apprised of the work of tlte
regional educational laboratory in the field; and
(iii) inform the Institutes about additional research
needs identified in the field.
(B) Consult with the State educational agencies and li
brary, agencies in the region in developing the plan for serv
ing the region.
(C) Develop strategies to utilize schools as critical com
ponents in reforming education and revitalizing rural com
munities in the United States.
(D) Report and disseminate information on overcoming
the obstacles faced by rural educators and rural schools.
(E) Identify successful educational programs that have
. either' been developed by such laboratory in carrying out
----.-.--~such-laboratory's functions-or that-have been developed· or- - --
used by others within the' region served. by the laboratory
and make such information available to the Secretary and
the network of regional laboratories so that such programs
may be considered lor inclusion in the national education
.dissemination system.
(6) CERTAlNREQUlREMENTS.-In carrying out its fespon
.sibilities, each regional educational laboratory shall
(A) establish a governing board that- , ,
.
(i) reflects a balanced representation of the States
in the region, as well as the interests and concerns of .
regional constituencies, and that includes teachers and
education researchers; ,
.
(ii) is the sole entity that
(/) guides and directs the laboratory in carry
ing out the provisions of this subsection and satis
fying the terms and conditions of the contract
award;
..
(II) determines the regional agenda of the lab
oratory;
.
'
(Ill) engages in an ongoing dialogue with the.
Assistant Secretary concerning the laboratory's
.;~--.::- ..:gpals, ;actiuities,-and priorities;:and ;:.<-c,,:;"
'(IV) determines at the start of the contract pe-'
riod, subject to the requirements of this section and
in consultation with the Assistant Secretary, the
mission of the regional educational laboratory for
the duration of the contract period;
(iii) ensures that the regional educational labora
tory attains and maintains a high level of quality in
the laboratory's work and products;
" .
(iv) establishes standards to ensure that the reo
gional educational laboratory has' strong and effective
governance, organization, management, andadminis
tration, and employs qualified staff;
(v) directs the regional educational laboratory to
carry out the laboratory~s duties in a mantrer as will
make progress toward achieving the National Edu
cation Goals and reforming schools. aiul ed.ucational
.
.
systems; and
(vi) conducts a continuing survey of the edu
cational needs, strengths, and weak tresses within the
region, including a process of open hearings to solicit
the. views of schools and teachers.
(B) Comply with the standards developed by the Assist
ant Secretary and approved by the Boord under section
912.
(CI Coordinate its activities, collaborate, and regularly
exchange information with the Institutes established under
section 941, the National Diffusion Network, and its Devel- .
oper Demonstrator and State Facilitator projects, learning'
grant institutions and district education agents assisted
under subsection' (i), the Educational Resources Informa
tion Center Clearinghouses, and other entities engaged in
- - 'technical' assislilllce anirdissemiiiCiliOii-act'ivitres· whiih -are--~ -.--_.
supported by other offices of the Department of Education. ,
(D) Allocate the regional educationaL laboratory's re
sources to and within each State in a mantrer which re
flects the treed for assistance, taking into account such fac
tors as the proportion of economically disadvantaged stu
dents, the increased cost burden of service 'delivery in areas
of sparse populations, and any special initiatives being un
dertaken by State, intermediate, local educational agencies,
or Bureau-funded schools, as appropriate, which may re- '
quire special assistance from the laboratory.
.
(7) EVALUATIONS.-The Assistant Secretary shall provide
for independent evaluations of each ofthe regional educational
laboratories in carrying out the duties described in paragraph
(1) in the third year that such laboratory receives assistance
under this subsection in accordance with the standards devel
oped by the Assistant Secretary and approved by the Boord and
shall transmit -the results of such evaluations to the relevant
committees of the Congress, the Boord, and the appropriate re
gional education.al laboratory. boord.
.
(8) INVITATION REGARDING COMPETITION .FOR AWARVS OF
ASSISTANCE.-Prior to awardinga grant or entering into a COtt
t~actlJ:.~der this s*"~tion, th-~ S(!~reta1'Y,_s1!~H inyi!.e~.,!-ppli£,!-,!:~s,______
including the regional educational laboratories in -existence on - .
the day preceding the date of enactment of this Act, to compete
f()rsltch award through notice in the Federal Register and· in
tlte publication of the Department of Commerc~ known as the
Com';lerce Business Daily.
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137
(9) APPLICATION FOR A..'JSISTANCE.--.:Each application for as
sistance under this subsection shall
(A) cuver not less than a 5-year period;
(B) describe how the applicant would carry uut the ac
tivities required by this subsection; and
(C) contain such additional information as the Sec
,
retary may reasonably require.
(10) RULE OF CONSTRUCTION.-No regional educational
laboratory receiving assistance under this subsection shall, by
reason, of the receipt of that assistance, be ineligible to receive
any other assistance from the Department of Education as au
thorized by law or be prohibited from engaging in activities in
volving international projects or endeavors.
(II) ADvANCE PAYMENT SYSTEM.-Each regional edu·
cational laboratory shall participate in the advance' payment
system at the Department of Education.
(12) ADDITIONAL PROJECTS.-In addition to activities de
scribed in paragraph (3), the Assistant Secretary, from amounts
appropriated pursuant to subsection (h), is authorized to enter
into agreements with a regional educational laboratory for the
purpose of carrying out additional projects' to enable such re
gional educational laboratory to assist in efforts to achieve the
National Education Goals and for other purposes.
(13) PLAN.-Not later than July 1 of each year, each ·re
gional educational laboratory shall submit to the Assistant Sec
retary a plan covering the succeeding fiscal year, in which such
laboratory's mission, activities, and scope of work are described,
,
'
includin.g a general description ofc(A) the plans such laboratory expects to submit in the
remaining years of such laboratory's contract; and
,
(B) an assessment of how well such laboratory is meet-'
ing the .!feeds ofthe region.'
,
(14) CONSTRUCTION.-Nothing in this ffubsection shall be
construed to require any modifications in the regional edu
cational laboratory contracts in effect on the day preceding the .
,
date of enactment of this title.
(i) GOALS 2000 COMMUNITY PARTNERSHIPS PROGRAM_
(1) PURPOSE.-The purpose of the Goals 2000 Community
Partnerships program is to improve the quality of learning and
teachin.gin the most impoverished urban and rural commu
nities of the United States by supporting sustained collabora
tions between universities, schools, businesses,.and communities
which apply and utilize the results of educational research' and
development:,
'
(2) GRANTS FOR GOALS 2000 COMMUNITY PARTNERSIIJPS.
The Assistant Secretary is authorized to make grants to eligible
entities to support the establishment of Learning Grant Institu
tions and District Education Agents and the activities author
ized under this subsection within eligible communities.
(3) DEFINITION OF ELIGIBLE ENTITY AND ELIGIBLE COMMU·
NITY.-Por the purposes of this subsection:
(A) The term "eligible entity" includes any institution of
higher education, regional educational laboratory, National
Diffusion Network project, national research and develop
¥
mellt {'cmlu. public or private nonprofit corporation, or allY
'
comwrlium thereof, that(i) has demonstrated experience, expertise and com
mitment in serving the educational needs of at-risk stu
dents; and
(ii) is" by virtue of its previous activities, knowl
edgeable about the unique needs and characteristics of
the community to be served.
(B) The term "eligible community" means a unit ofgen
eral purpose local government (such as a city, township, or
lIillaRe), a nonmetropolitan county, tribal village, or a geo·
graphically distinct area (such as a schoal district, school
attendance area, ward, precinct or neighborhood), or any
group of such entities that
(i) has a population of not less than 200,000 and
not mure than 300,000; and '
(ii) in which not less than one-half of the school
age children have family incomes which are below the
poverty line, as determined by the 1990 United States
Census, participation in the National School Lunch
program. or other current, reliable data' cOlLcerning
family incume.
.
(4) GOALS 2000 COMMUNITY. PARTNERSHIPS.~Each learning
grant institution receiving assistance under this subsection
shall establish a Goals 2000 community partnership to carry
out the activities authorized under this subsection. Such
partnership' ,
'
'. '
. (A) shall include the participation of one or more local
educational agencies. institutions of higher education, com
munity-based organizations, parents, teachers, and the
business community:
(B) may include the participation of human, social
service and health care agencies, Head Start and child care'
agencies, libraries, museums, employment and training
, agencies. and the State educational agency or tribal depart
ment ofeducation; and'
(C) shall be broadly representative of all segments of
the community in which the activities will be carried out.
(5) COMPIlEIIENSNE r.OAl~<; 2000 PIAN.-Each Goals 2000
Community Partnership shall develop a comprehensive plan for
assuring educational success and high achievement for all stu
dents in the community. Each such plan shall
(A) adopt the National Education Goals;
(8) identify additional needs and goals for educational
improvement within the community:
(C) focus on, helping all students reach challenging con
tent and student performance standards;
(D) be consistent with the State and local improvement
plans for system-wide education improvement developed
pursuant to title Ill;
(E) establish a comprehensive community-wide plan for
achieving such goals: and,
(F) develop a means for measuring the progress of the
community in meeting such goals for improvement. '
~.
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139
(6) IMPLHMr:NTATION OF COMMIINn'Y-WIf)J.; NAN.·--E(lch
(ii) health and social services agencies and provid
Goals 2000 C01llmunity Partnership shall. utilizil/~ the District
ers;
.
Education Agent, provide assistance ill impLementing t}w C0lll
(iii) juvenile justice and criminal justice agencies;
munity-wide plan for educational improVitment by
(iv) providers of employment training; and
(A) supporting innovation. restructuring, and contlnll
(v) child care, Head Starti and other early child
ous improvemerlt in educational practice by
hood agencies; and
.
(i) disseminating information throughout the com
(D) mobilizing the resources of the community in sup
munity about exemplary and promising educational
. port of student learning and high achievement by facilitat
programs, practices, products, and policies;
ing effectiue partnerships and collaboration among
(ii) evaluating theeffectiueness of federally funded
(i) local educational agencies;
educational programs within the community and iden
(ii) postsecondary educational institutions;
tifying changes. in such programs which are likely to
(iii) public libraries;
.
improve student achieuement;
(iv) parents;
(iii) identifying, selecting and replicating exem
(v)· community-based organizations, neighborhood
pLary and promising educational programs, practices.
associations, and other ciuic and community organiza
tions;
products. and policies in both in- and out-of-school set
. tings;
(vi) child care, Head Start, and other early child
hood agencies;
.
(iv) applying educational research to solve specific
(vii) churches, synagogues and other religious in
pr:oblems in the classrooin. home. and community·
stitutions; .
which impede learning and student achievement; and
(viii) labor organizations; and
(u) supporting research and development by teach
(ix) business and industry_
ers, school administrators, and other practitioners
(7) ADDITLONAL REQUIREMENTS.-In carrying out its re
which promise to improtle teaching and learning and
sponsibilities under this subsection, each partnership receiving
the organization of schools;
..
assistance under this subsection shall
-CB) .improving_the .capacity_of. educator:s, schootadmin- ____:
-- --- --..•. -.-~ ----·-(A)-appoint-a-District-Education·Agent·who·shalibe re--···
istrators; child care providers and other practitioner:; to
sponsiblc,· on a full-time basis, for directing the implemen
prepare all students to reach challenging standards and to
tation of the community-wide plan, who shall have signifi
attain the goals set Ollt in the comprehensiue communitycant experience and expertise in the field of education in
wide plan through such. means as.
(i) addressing the needs of at-risk students; and
(i) the training of prospective and novice teachers
(ii) conducting educ.ational research and promot
(including preschool and early childhood educators) in
ing the application of the results· of such research to
a school setting under the guidance of master teachers
educational practice;
and teacher educators;
.
(8) provide for such other professional and support
(ii) training and other activities to promote the
personnel as may be necessary to implement the commu
continued Learning and professional development of ex
nity-wide plan under the direction of the District Education
perienced teachers, reLated services personnel, school
. .
.
Agent; and
administrators to assure that such teachers develop the
(C) coordinate the partnership's activities and work co
subject matter and pedagogical expertise needed to pre
operatively with the. National Diffusion Network State
pare all students to reach challenging standards;
lacilitators; regional educational laboratories, and other
(iii) training and other activities to increase the
components of the Olfice to utilize most effectively Federal
ability of prospective, novice, and experienced teachers
research, development, and dissemination resources in im
to teach effectively at-risk students, students with dis
plementing the community-wide plan.
abilities, students with limited-English .proficiency.
(8) APPUCATION FOR GRANTS.-Any eligible entity desiring
and students from diuerse cultural backgrounds; and
a grant under this subsection shall sllbmit an application to the
(iu) programs to enhance teaching and classroom
Assistant Secretary at such time, in such manner, and accom
management skills, including school-based manage
poriied by such information as the Assistant Secretary may rea,
ment skills, of· novice, prospective, and experienced
.
sonably ret/uire. Each such application shall--:-teachers;
.
--'.;:-- --(A)-include a comprehensiueplan for meeting-the-objec:-:-_ ..
(C) promoting the development of an integrated system
lives and requirements of this subsection; and
of service delivery to children from birth through age 18
(B) provide evidence of support for the application from·
and their families by facilitating linkages and cooperation
local elected officials, the State educational agency, the
among
local educational agency, parents, local community leaders,
(i) local educational agencies;
businesses, and other appropriate organizations_
�..
140
(9) PIUORITY IN MAKING GRANTS; DURATION AND AMOUNT (W
GRANT.-Each irant made under this subsection shall be
(A) awarded on a competitive basis, with first priority
given to those applications from communities with the'.
greatest percentage of school-age children in families with
poverty-level incomes;
(B) made for a 5-year period, with funding for the sec
ond and each succeeding year in such period conditioned
upon a determination by the Assistant Secretary that the
grant recipient has complied with the conditions of the
grants during the previous year; and
(C) an amount equal to not less than $1,~,000 per
. year. '
(10) LIMITATION OF ONE GRANT I'ER CONGRESSIONAL DIS, '
TRICT.-Not more than one grant under this subsection shall he
.awarded within a single congressional district.
(11) TECIINICAL ASSISTANCE; EVALUATIONS.-In administer
ing the program authorized under this subsection, the Assistiuit
Secretary shall, either directly or. through grant or contract,
with an eligible nonprofit agency--c
. ' (A) upon request, provide technical assistance to eligi
ble entities to assist in the development of a comprehensive
community-wide plan to Tneet the requirements of this sub.
section and in the preparation o{applications for assist.
ance;
(B) regularly provide technical assistance to learning
grant institutions receiving assistance under this subsection
to assist with the development and implemen,tatiim of the
c.omprehensive community-wide plan for educational im.
provement;
.'
"
.
(C) provide for an independent evaluation of the activi
ties assisted under this subsection, including
~. (i) the impact of the Goals 2000 Community Part
nerships program on children and families within each
community, including effects on the 'extent of edu
cational achievement, rates of school retention and
completion, and enrollment in postsecondary edu
cational programs; and
(ii) whether an intensified effort to apply and uti
lize educational research within a limited geographic
area significantly improves student learning" and
achievement; and
(D) plan for the expansion of the Goals 2000 Commu
nity Partnerships program throughout the remainder of the
,
United $tates beginning in fiscal year 1999.
UJ TEACHER RESEARCH DISSEMINATION DEMONSTRATION PRO. '
GRAM.
(j) FlNDING8.-TheCongress finds that
.
(A) education research, including research funded hy
the Office, is not having the impact on the schools of the
United States that such research should;
(8) relevant education research and reSUlting soltitions
are not being adequately disseminated to and used by the
teachers that need such research and solutions;
141
.'
(C) there are insufficient linkages between the research
and development centers assisted under this section, the re-'
gional educational laboratories described in subsection (h),
the National Diffusion Network State facilitators, the Edu- '
cational Resources Information Center Clearinghouses, the
comprehensive technical assistance centers assisted under
the Elementary and Secondary Education,Act of 1965, and
the public schools to ensure that research on effective prac
tice is disseminated and technical assistance provided to
all teachers;
.
.
'
(D) the average teacher has little time to plan or en
gage in a professional dialogue with peers about strategies
for improved learning;
, (E) teachers do not have direct access to information
systems or networks;
,
.
(F) teachers have little control over what inserviceedu
cation teachers will be offered; and
.
(G) individual teachers are not ,encouraged .to mOtle be
yond the walls of their school buildings to identify and use
outside resources.
'
(2) ESTABLISHMENT.
(A) IN GENERAL.-,.The Secretary is authorized to make
grants to, and enter into contracts or cooperative agree
ments with, public and private agencies and organizations,
including institutions of higher education, the regional edu
, cation labor;atories, and the research and development cen
ters, or consortia thereof
(i) to. develop and carry out projects that dem
onstrate effective strategies for helping elementary and,
secondary education teachers, in both urban and rural.
areas, become knowledgeable about;. assist in the de
sign and use of, and use, education research, including
education reSearch carried out under this section; and
.
(ii) to develop, implement, and evaluate models for ,
creation of teacher research dissemination networks.
(B) PRIORITY.:.-In awarding grants and entering into
contracts and cooperative agreements under subparagraph
(A) the Secretary shall give priority to entities that have re
ceived Federal funds for research and dissemination.
(3) ApPLICATIONS.-'
.
.
(A) IN GENERAL-An entity desiring to receive assist
ance under this subsection shall submit an application to
the Secretary in such form, at such time, and containing ..
such information and assurances as the Secretary may re
quire_
(B) CONTENTs.-Each such application shall describe
how the project described in the application
(i) was developed with the active participation of
elementary and secondary school teachers;
(ii) will include the continuing participation of ele- .
mentary and secondary school teachers in the manage
ment of the project; .
'
(iii) is organized around .one or more significant
research topics;
�"
142
. (ill) will involve collaboration with entlttes that
have received Federal funds /ilr research ami dissemi
.
nation; and
(v) will sllstain over time teacher research dissemi
nation networks after ~Federal funding for such net
works terminates.
(4) USE OF FUNDs.-Funds provided under this subsection
may be used-·
(A) to train elementary and secondary education teach
ers (particularly Ttew teachers) about the sources of edu·
cation research findings, including research findings avail·
able through activities supported by the Office, and how to
access and use such findings to improve the quality of in
struction;
(B) to develop simple formats, both administrative and
technological, that allow elementary, and secondary edu
cation teachers easy access to and use of education research
findings;
(C) to share strategies and materials;
(D) to support professional networks; .
(E) to survey teacher needs in the areas of research and
development; and
.
'. ,
L
(F) for other activities designed to support elementary
_.___ ._gnd S!!C<!n.dary education teachers in becoming knowledge
. able about; assisting in- the-design -o{;-and-using;- edu· ----- -.
cational research.
(5) STJPENDS.-The Secretary may provide for the, payment
of such stipends (including allowances for subsistence and other
expenses for elementary and secondary teachers), as the Sec·
retary determines to be appropriate, to teachers participating in
the projects authorized under this subsection.
(6) COORDlNATION.-Recipients of funds under this sub
section shall, to the greatest extent possible, coordinate their ac·
tivities with related activities under the Elementary and Sec·
ondary Education Act of 1965;
(7) REPORT.-The Secretary shall, within 5 years of the
date of enactment of this Act, submit to the Congress a report
on the effectiveness of activities assisted under this subsection.
PART E-NATIONAL LIBRARY OF EDUCATION.
SEC. 951. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RE·
SEARCH AND IMPROVEMENT.
(a) IN GENERAL.-There is established within the Department of
Education a National Library of Education (hereafter in this section
referred to as the "Library"), which shall be maintained by the De·'
. _pp.rtment .0f.Educa~i()n as a governmental activity.
.
. - .. (b) FUNCTIONS oFLiiiiiARY:...:;:The" functions orihe Libraryare~".,,
(1) to provide a central location within the Federal Govern
.
. ment for information about education;
(2) to provide comprehensive reference services on matters
related to education to employees of the Department of Edu
·:~r' .r
cation and its contractors and grantees, other Federal employ·
ees, and members of the public; and
143
(3) to promote greater cooperation and resource sharing
among providers and repositories of education information in
the United States.
(c) MISSION.-The mission of the Library ~hall be to
(1) become a principal center for the collection, preserva·
tion, and effective utilization of the research and other informa
tion related to education and to the improvement of educational
achievement;
(2) strive to ensure widespread access to the Library's facili·
ties and materials, coverage of all education issues and sub
jects, and,quality control;
(3) have an expert library staff; and
.
. (4) use modern information technology that holds the poten·
tial to link major libraries, schools, and educational centers
across the United States into a network of national education
resources.
(d) ONE'STOP INFORMATION AND REFERRAL SERVJCE.-The Li·
brary shall establish and maintain a central information and refer
ral service to respond to telephonic, mail and electronic and other
inquiries from the public concerning-:
(1) programs and activities of the Department of Education;
(2) publications produced by the Department of Education
and, to the extent feasible, education related publications pro·
duced by the Departments of Labor, Health and Human Serv
._ices,.and_other: /?eci.er:.q.LdepC!!"tments and agencies;
. (3) services and resoureesavc£ilable 'tiJ-'the-pliblic:-ihrough--''' --.
the Office, including the Educational Resources Information
Center Clearinghouses, the research institutes, and the national
education dissemination system;
. (4) statistics and other information produced by the Na·
tio.nal Center for Education Statistics; and .
(5) referrals to additional sources of information and exper
tise about educational issues which may be' available through
educational associations and foundations, the private sector,
colleges and universities, libraries and bibliographic databases.
The Library shall maintain and actiuely publicize a toll·free tele
phone number through which public inquiries to the Library may
be made.'
(e) COMPREHENSNE REFERENCE SERVICES.
(1) IN GENERAL.-The Library shall, to the extent feasible,
provide for the delivery of a full range of reference services on
subjects related to education to employees of the Department of
Education and such Department's contractors and grantees,
other Federal employees, and members of the general public.
Such services may include-':"
(A) specialized subject searches;
, (B) search and retrieval ofelectronic databases;
ccc·.··(C): document delivery::.by rrtaiL and. facsimile __ (rqns·
mission'
' -. '"
'. , ......
. (D/ research counseling, bibliographic instruction', and
other trainillg services;
(E) interlibrary loan services; and
, (F) selective dissemination of information services.
�144
145
(2) PRIORITY.-The Library shall first give priority in the
provision of reference services to requests made by employees of
the Department of Education.
.
(f) COOPERATION AND RESOURCE SHARING.-The Library shall
promote greater cooperation and resource sharing among libraries
and archives with significant collections in the area of education
through means such as-;
(1) the establishment of information and resource sharing
networks among such entities;
(2) the develOpment of a national union list .of education
journals held by education libraries throughout the United
States;
(3) the development of directories and indexes to textbook
and other .specialized collections held by education libraries
throughout the United States; and
(4) cooperative efforts to preserve, maintain and promote'
access to items of special historical value or interest.
(g) ADMINISTRATION.-The Library shall be administered by an
Executive Director who shall.,
(1) be appointed by the Assistant Secretary from among
persons with significant training or experience in library and
information 'science; and
(2) be paid at not less than the minimum rate of b'asic pay
payable for GS-15 of the General Schedule.
(h) TASK FORCE.
(1) IN GENERAL.~The Assistant Secretary shall appoint a
task force of librarians, scholars, teachers, parents, and school
leaders (hereafter in this paragraph referred to as the "Task
Force") to provide advice on the establishment' of the Library.
. (2) PREPARATION .OF PLAN.-The Task Force shall prepare
a workable plan to establish the Library and to implement the
requirements of this section.
(3) CERTAlN AUTHORITIES'''7''The Task Force may identify
other activities and functions for the Library to carry out, except
that such functions shall not be carried out until the Library
is established and has implemented the requirements of this
sectiOn.
:"
'(4) REPORT.-The Task Force shall prepare and submit to
the Assistant Secretary not later than 6 months after the first
meeting of the Task Force a report on the activities of the Li
brary.
(i) TRANSFER OF FUNCTIONS.-There are hereby transferred to
the Library all functions of
(1) the Department of Education Research Library;
(2) the Department of Education Reference Section; and
(3) the Department of Education Information Branch.
(j) COLLECTION DEVEWPMENT POLlCY.-'--Not later than 180
days after the date of the enactment of this title, the Assistant Sec
retary shall promulgate a comprehensive collection development pol·
icy to govern the Library's operations, acquisitions, and services to
users. Such collectiOn development policy shall
(1) be consistent with the functions of the Library described
in subsection (b);
(2) emphasize the acqUlsttwn and maintenance of a com
prehensive collection of reference materials; and
(3) avoid unnecessary duplication by putting a priority on
meeting the information needs of the Library's users through co
operation and resource·sharing 'with other entities with signifi
cant collections in the field of education.
(k) ARREARAGE AND PRESERVATION.-On the basis of the collec
tion development policy promulgated under subsection (j), the Exec
utive Director shall develop a multiyear plan which shall set forth
goals and priorities for actions needed to-
(1) eliminate within 3 years the arrearage of uncataloged
books and other materials in the Library's collections; and
(2) respond effectively and systematically to the preserva
tion needs of the Library's collections, relying, whenever pos
sible, upon cooperative efforts with other institutions to preserve
and maintain the usability of books and materials in the Li
brary's collections.
PART F-STAR SCHOOLS
SEC.
961. STAR SCHOOLS.
Subsection (a) of section 908 ofthe Star Schools Assistance Act
(20 U.S.C. 4085b(a)) is amended by striking "greater" and inserting
"lesser".
PART G-OFFICE OF COMPREHENSIVE SCHOOL
HEALTH EDUCATION
SEC.
971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.
(a) IN GENERAL.-Subsection (c) of section 4605 of the Elemen
tary and Secondary Education Act of 1965(20 U.S.C. 3155(c)) is
amended
(1) in the matter preceding paragraph (1), by striking "Of
fice of the Secretary" and inserting "Office of Elementary and
Secondary 'Education"; and
(2) by adding at the end the following new paragraph:
"(4) To act as a.liaison office for the coordination of the ac
tivities undertaken by the Office under this section with related
activities of the Department of Health and Human Services and
to expand school health education research grant programs
under this section. ".
(b) TRANSITION.-The Secretary shall take all appropriate ac
tions to facilitate the transfer of the Office of Comprehensive School
Health Education pursuant to the amendment made by subsection
(a).
PART H-'FIELD READERS
SEC.
981. FIELD READERS.
Section 402 of the Department of Education Organization Act
(20 U.S.C. 3462) is amended
(1) by inserting "(a) IN GENERAL.-" before "The Secretary";
and
�.'
146
147
(2) by adding at the end the following new subsection:
"(b) SPECIAL RULK~
"(1) IN GENERAL.-Notwithstanding dny other provision of
law, the Secretary may use not more than 1 percent of the funds
appropriated for any education program that awards such
funds on a competitive basis to pay the expenses and fees of
non-Federal experts necessary to review applications and pro·
posals for such funds.
"(2) APPLlCABILlTY.-The provisions of paragraph (1) shall
not apply to any education program under which funds are au
thorized to be appropriated to pay the fees and expenses of non
Federal experts to review applications and proposals for such
funds.".
TITLE X-MISCELLANEOUS
PART A-MISCELLANEOUS PROVISIONS
SEC. lOll. SCHOOL PRAYER.
No funds authorized to be appropriated under this Act may be
used by any State or local educational agency to adopt policies that
prevent voluntary prayer and meditation in public schools.
SEC. 1012. FUNDING FOR THE INDIVIDUALS WITH D1SABIUTIES EDU.
CATION ACT.
(a) FINDINGS.-The Congress finds that(1) the Individuals with Disabilities Education Act was es
tablished witli the commitment of forty percent Federal funding
PART I-AMENDMENTS TO THE CARL D.PER
but currently receives only eight.percent Federal funding;
.
(2) this funding shortfall is particularly burdensome to
KlNS VOCATIONAL AND APPliED TECH
school districts and schools' in low-income areas which serue
NOLOGY EDUCATION ACT
higher than average proportions of students with disabilities
SEC. 991. NATIONAL OCCUPATIONAL INFORMATION COORDINATING
arid ham: fewer local resources to contribute; and
. .
COMMITTEE.'
(3) Lt would cost the Federal Gouernment approximately
Section 422 of the Carl D. Perkins Vocational and Applied.
$1.0,0D!1.,000,~00 each year to fully fund the Indiuiduals with
Technology Education Act (20 U.S.C. 2422) is amendedDLsabLiltLes EducatLOn Act.
.
(1) in paragraph (2) of subsection (a), by inserting "(includ·
(b) SENSE<.' OF CONGRESS.-It 1S th~ sense of the Congress ~h.at
__ ing..postsecomJ..ary_e!1J.p{QYl7J.e[ltsmd_training programs)" after
the Federal Gouernment should promde States and commumtres
"training programs"; and
.
- . . - - '--.- -- .. -.. I~Lth·adequate -resources-under-the-Indiuiduals...with. .Disabilities.
(2) in subsection ( b ) - '
Educatwn Act as soon as reasonably possLble, through the
(A) by redesignating subparagraphs (A) and (B) as
reallocation .of noneducation funds within the current b.udget mone·
poragraph,s (1) and (2), respectively;
.
tary constramts .
SEC. 1013. NATIONAL BOARD FOR PROFESSIONAL TEACHING STAND.
. (B) in the matter preceding paragraph (1) (as redesig·
nated in subparagraph (A)), by inserting "the State board
ARDS.·
or agency gouerning higher education," after "coordinating
Section 551 of the Higher Education Act of 1965 (20 U.S.C.
1107) is amended
council,"; and
(C) in paragraph (1) (as redesignated in subparagraph
.
(1) ill paragraph (1) of subsection (b), by striking "the Fed
(A))eral share of';
(i) by striking "Act .and of' and inserting "Act, of';
(2) in subparagraph (B) of subsection (e)( 1), by striking
and
"share of the cost of the activities of the Board is" and inserting
(ii) by inserting "and of the State board or agency
"contributions described in subsection·({) are"; and
governing higher education" after "Job Training Part. (.3) by amending subsection (() to read as follows:
nership Act";
"({) MATCHING FUNDS REQUIREMENT.
(3) by redesignating subsection (d) as subsection (e); and
"(1) IN GENERAL:-The Secretary shall not provide financial
(4) by inserting after subsection (c) the following new sub·
assistance under this subpart to the Board unless the Board
section:
agrees to expend non· Federal contributions equal to $1 for every .
"(d) DATA COLLECTION SysTF.:M.-In the development and de$1 of the Federal funds provided pursuant to such financial as
sistance.
'. .
'.
"
.
sign' of a system to provide data on graduation or completion rates,
job placement rates from occupationally specific programs, licensing
"(2) NON·FI!:DERAL CONTRIBUTIONS.-The non-Federal con·
Jates, and__awards. .fir high school graduate equivalency diplomas
tributions described in paragraph (1)- '
. (GED), each State board lor -higher educatii:in~shalr deviitop a data -- --:. -::.
····~(A) may include -aILnon·/i'ederal{unds- raised-,by. the
Board on or after January 1, 1987; and
collection system the results of which can be integrated into the oc·
cupational information system developed under this section.~'.
."(B) may be used for outreach, implementation, admin·
istration, operation, and other costs associated with the de·
velopment and -implementation of national teacher assess·
ment and certification procedures under this subpart. ""
--7
'-'
�148
SEC.
149
1014. FORGivENESS OF CERTAIN OVERPAYMENTS.
(c) STUDY PANEL MEMBERSIIIP.-Any panel constituted in fur·
(a) IN GENI.:RAL.-Notwithstanding section 1401 of the Elemen
therance of the study to be conducted under sllbsection (a) shall in
tary and Secondary Education Act of 1965 or any other prouision
clude COTlSll1lWr representatiues.
of law- .
(d) FINDINGS AND RECOMMENDATlONS.-Tlw Secretary shall re
(1) thealloeation of funds appropriated for fiscal year 199.1
quest. the National Academy of Sciences or the National Academy of
under the Department of Education Appropriations Act, 199.1,
Edllcation to sllbmit an interim report of its findings and rec·
to Colfax County, New Mexico under section 1005 of the Ele·
ommendations to the President and Congress not later than 12
,nentary and Secondary Education Act of 1965, and any other
months. and a final report not later than 24 months, from the date
allocations or grants for such fiscal year resulting from such al·
of the completion of procurement relating to the study.
loention to such county under any program administered by the
(e) FUNDING.-From funds appropriated to the Secretary for re
Secretary of Education, shall be deemed to be authorized by
search related to indiuiduals with disabilities the Secretary shall
law; and
make auailable $600,000 for fiscal year 1994, and such slims as
(2) in any program for which allocations are based on fis·
may be necessary for fiscal year 1995, to carry out this section.
cal year 1993 allocations under section 1005 of such Act, the
Amounts made auailable under this subsection shall remain auail
fiscal year 1993 allocations under such section deemed to be au·
able until expe1J.ded.
thorized by law in accordance with paragraph (1) shall be used.
SEC. 1016. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND
(b) SPECIAL RULE.-Notwithstanding subsection (a)(l) of this
TRAINING PROGRAM.
section, in carrying out section 1403(a) of the Elementary and Sec·
(a) PHOGllAM DESIGN.
ondary Education Act of 1965 for fiscal year 1994, the amount allo·
(1) ACADEMIC ENRiCuMENT AUTHORIZED.-Paragraph (1) of
cated to Colfax County, New Mexico under section 1005 of such Act
section 25.1(a) of the Job Training Partnership Act (20 U.S.C.
for fiscal year 1993 shall be deemed to be the amount that the Sec
16.12(a)) is amended by inserting "academic enrichment" after
retary determines would haue been allocated under such section
"remedial edllcation, ".
.
1005 had the correct data been used for fiscal year 1993.
(2) REQUIRED SERVICES AND DESIGN. '---fA) Subsection (c) of
such section 253 of the Job Training Partnership Act (20 U.S.C.
SEC. lOIS. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.
1632(c)) is amended by adding at the end the following new
.
(a) STUDY REQUlRED.-·
paragraphs:
(1) IN GENERAL.-Not later than 180 days after the dateof
"(3) BASIC EDUCATION AND PREEMPI,OYMENT TRAINING.
enactment of this Act, the Secretary shall make appropriate ar·
The programs under this part shall prouide, either directly or
rangements with the National Academy of Sciences or the Na· .
through arrangements with other programs, each of. the follow
tional Academy of Education to conduct a comprehensiue study
ing seruices to a participant where the assessment and the seru·
of the inclusion of children with disabilities in school reform ac·
ice strategy indicate such seruices are appropriate:
tiuities assisted under the Goals 2000: Educate America Act.
'
"(A) Basic and Remedial Education.
. (2) ·DEF/NITION.-For purposes of this section,the term
"(B) Preemployment and Work Maturity Skills Train
"children with disabilities" has the same meaning giuen such
ing.
term in section 602 of the Indiuiduals with Disabilities Edu
"(4) INTEGRATION OF WORK AND LEARNING.
cation Act.
"(A) WORK, EXPERIENCE.-Work experience prouided
(b) STUDY COMPONENTS.-The study conducted under sub
section (a) shall include
under this part, to the extent feasible, shaU include contex·
tuallearning opportunities which integrate the deuelopment
. . (1) an eualuation of the National Education Goals arid ob·
of general competencies with the deuelopment of academic
jectiues, curriculum reforms, standards, and other programs
skills.
and actiuities intended to achieue those goals;
.
"(8) ClASSROOM TRAfNING.-Classroom training pro·
(2) a reuiew of the adequacy of assessments and measures
uided under this part shall, to the extent feasible, include
used to gauge progress towards meeting National Education
opportunities to apply knowledge and skills relating to aca
Goals and any national and State standards, and an examina
demic subjectft to the world of work. ".
.
tion of other methods or accommodations necessary or desirable
(8) Section 253 of the Job Training Partnership Act (20
to collect data on the educational progress of children with dis·
U.S.C. 16.12) is further amended by adding ai the end the fol·
abilities, and the costs of such methods and accommodations;
lowing new subsection:
(3) an examination of what incentiues or assistance might
"(e) EDUCATIONAL LINKAGES.-In conducting the program as·.
be prouided to States to deuelop improuement plans that ade·
sisted under this part, seruice deliuery areas shall establish linkages
quately address the needs of children with disabilities;
with the appropriate educational agencies responsible for service to
. . (4) the relation of the Goals 2000: Educate America Act to
other Federal laws gouerning or affecting the education of chilparticipants. Such linkages shall include arrangements to ensure
that there is a regular exchange of information relating to the
dren with disabilities; and
progress, problems and needs of participants, including the results
(5) such other issues as the National Academy of Sciences
of assesslnents of the skill leuels of participants. ".
.
or the National Academy of Education considers appropriate.
�•
.150
151
SEC. 101lJ. CONTRACEPTIVE DEVJ(;ES.
(C) Section 254 of the Joll TraiTiing ·Partnership Act is
The Department of lIealth alld lIuman Services and the De
amended by adding at the end the following ,iew subsectioll:
partment of Education shall ensure that all federally funded pro
"(c) PROJlIBI1'ION ON PmVATE Al;TIONS.-Nothillg in this part
grams which prouide for the distribution of contraceptive devices to
shall be construed to establish a right for a participant to bring an
. lInemancipated minors develop ·procedures to encourage, to the ex
action to obtain services described in the assessment or service strat tent practical, family participation in such programs,
'
"
egy d.eveloped under section 253(c). ".
SEC. 1019. ASSESSMENTS.
(b) TRANSJ.'ER OF FUNDS TO YEAR ROUND PROGRAM.-Section
. (a) TITH' /I.-No funds provided under title II of this Act shall
256 of the Job Training Partnership Act is amended by striking "10
be Ilsed to develop or undertake· assessments that wiLL be used to
percent" and inserting "20 percent".
make decisiolls regarding the graduation, grade promotion, or reten
SEC. 1011. PROTECTION OF PUPILS. '
tion of students for 5 years after the date of enactment of this Act.
Section 439 of the General Educatio;" Provisions Act (20 U.S.C.
(b) TITLf; lll.-Assessments developed with funds under title III
1232g) is amended to read as follows:
.
of this Act may be used for decisions regarding graduation, grade
promotion, or retelltion of students only on the condition that stu
"PROTECTION OJ.' PUPtL RlmlTS
dents have been prepared in the content for which the students are
being assessed.
"SEC. 439. (a) All instructional materials, including teacher's'
, SEC. 1020. PUBUC SCHOOL.."_
manuals, films, tapes, or other supplementary material which will
be used in connection with any survey, analysis, or evaluation as
Except as provided iri section 310, nothing in this Act shall be
part of allY applicable program shall be available for inspection by
construed to authorize the use of funds under title III of this Act to
directly or indirectly benefit any school other than a public school.
the parents or guardians of the children.
"(b) No student shall be required, as part of any applicable pro·
SEC. 1021. AS.SESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES,
gram, to submit to a survey, q.nalysis, or evaluation that reveals in
Section 42Uh) of the Carl D. Perkins Vocational and Applied
'
formation concerningTechnology Education Act (20 U.S.C. 2421(h)) is amended
"(1) political affiliations;
. (iJ by inserting "(J)" after "(h)"; and
-_ ----'!(2)-mentaland- psychological. problems.potentially~embaT:.~ --- -- _ .....
--- - --. - -(2FbYinseftihl(iit the end-llleI6Ifoiiiiiig:--- -
.
rassing to the student or his family;
"(2)(A) Notwithstanding any provision of section 406 of the Gen
"(3) sex behavior and attitudes;
eral EducatioTl Provisions Act. the Commissioner of Education Sta
"(4) illegal, anti-social, self-incriminating and demeaning
tistics may authorize a State educational agency or a consortium of
behavior;
such agencies to use items and data ffom the National Assessment
"(5) critical appmisals of other individuals with whom reo
of Educational Progress for the purpose of eualuating a course of
spondents have close family relationships;
study related to vOf.'ational education, if the Commissioner has de
"(6) legally recogl/ized privileged or allalogOl!-'; relation·
termined, in writing, that such use will not
ships. sllch as those of lawyers. physicians, alld ministers; or
"(i) result in the identification of characteristics or perform
"(7) income (other than that required by law to determine
aTice of individual studeTits or schools;
eligibility for participation in a program or for receiving fillan
"(ii) result ill the ranking or COli/paring of schools 'or local
cial assistallce under such progmm),
educational agencies;
"(iii) be used to evaluate the performance of teachers, pri[l
witJwllt the prior consent of the student (if the sllldeTit is all adult
cipals. or other local educators for the purpose of dispensing re
or emallcipated minor), or in the case of all unemancipated millor,
wards or punishments; or
withollt the prior written consent of the parent.
"(ill) corrupt or harm the use and value of data collected for
H(C) Educational agencies' and institutions ,shall give purellts
the National Assessment of Educational Progress.
and stlldents effective notice of their rights under this section.
''(B) Not later than 60 days after making an authorization
"(d) ENI'OHCEMf:NT.-The Secretary shall take sw.:h action as
under subsection (a), the Commissioner shall submit to the Commit
the Secretary determines appropriate to en/oree this st'dion, except
tee on Education and Labor of the House of Representatives and to
that .action to terminate assistance provided under an applicable
the
program shall be taken only if the Secretary detf'I'mines that Committee on Labor and Human Resources of the Senate, a re
port which contaills.
.
"(1) there has been a failure to comply with sllch section;
"(i) a copy of the request for such authorization; ,
_
...and__
'
.
"(ii) -cf coiW iif~the writtendeterriiiriatiim-iiiideT'iiit biiiiitiiin.
--. . "(2) compli.~"nce-w{ihsl~ch-~;;ectioii·canno(be secu-rei[/iy iiOl:
(a); and
'
.'
untary means.
"(iii) a description of the details and duration of such au
"(e) OJ.'f'lcr: ANlJ Rf;VIEW BOARl)--The Secretary shall establish
thorizatiOIL.
or designate all office and reVlt'W board within the Department of
''(e) The· Commissioner may not grant more than one such all
Education to investigate, process, review, and adjudicate violations
thorization in any fiscal year and shall ensure that the authorized
.. of the rights established under this section. ".
�11)2
153
of items or data frllm the National Assessm/'Tlt is "(Jalllatl'd for
technical merit and for itsalfeci OTI tlte NatioTlal Assessment of
EducatioTlal Prouress. The results of such e{JeilliatioTls s;'al/
promptly reported to the committees specified in subparagraph (8). ".
SEC. 1022. SENSE OF THE CONGRESS.
'
It is the sense of the Congress tltat(1) no funds' appropriated pursuant to this Act should be
expended by an entity unless the entity agrees that in expendinu
. the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1993 (41 US.C. ZOa-ZOc, popularly
known.as.the "Buy American Act");
.
(2) in the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
under this Act, entities receiving such assistance should, in ex
pending the assistance, purchase only American-madc; equip
ment and products;
.'
(3) in providing financial assistance wider this Act, the
head of each Federal agency should provide to each recipient of
the assistance a notice describing the statement made 'in sub
section (a) by the Congress; and
.
(4) if it has been finally determined by a court or Federal
agency that any person intentionally affixing a label bearing a
"Made in America" inscription, or any inscription with .the
same meaning to any product sold in or shipped to the United
States that is 'not made in the United States; such person
should be ineligible to receive any contract or subcontract made
.with funds provided pursuant to this Act, pursuant. to the de
.barment, suspension, and ineligibility procedures described in
: sections 9.400 through 9.409 of title 48, Code of Federal Regula
tions, as such sections existed on the date of enactment of this
Act.
riod of not less than one year of any student who is determined
to have brought a weapon to a school under the Jurisdiction of
the agency except such policy may allow the chief administering
officer of the agency to modify. such expulsion requirement for
a student on a case-by-case basis.
"(2) DEFtNITJON.-For the purpose' of this section, the term
"weapon" means a firearm as such term is defined in section
921 .of title 18, United States Code.
"(b) REPORT TO STATE.-Each local educational agency request
ing assistance from the State educational agency that is to be pro
vided from funds made available to the State under this Act shall
provide to the State, in the application requesting such assistance
"(1) an assurance that such local educational agency has in
effect the policy required by subsection (a); and
"(2) a description of the circumstances surrounding any ex
pulsions imposed under the policy required by subsection (a),
including
.
"(A) the name of the school concerned;
"(B) the number of students expelled from such school;
and
"(C) the types of weapons concerned....
IISI!
'If'
PARTB-GUN-FREE SCHOOLS
SEC. 1031. SHORT TITLE.
This part may be cited as the "Gun-Free Schools Act of 1994".
SEC. 1032. GUN·FREEREQUIREMENTS IN ELEMENTARY AND SECOND·
ARY SCHOOLS.
The Elementary and Secondary ·Education Act of 1965 (20
US.C. 2701.et seq.) is amended
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005 as sections
9001 through 9005; respectively; and
(3) by inserting after title VII the following new title:
"TITLE VIII-GUN-FREE SCHOOLS
"SEC. 80tH. GUN·FREE REQUIREMENTS.
"(a) REQUIREMENTS_
"(1) IN GENERAL_-No assistance may be provided to any
local educational agency under this Act unless such agency has
in effect a policy requiring the expulsion {rom school for ape·
PART C-ENVIRONMENTAL TOBACCO SMOKE
SEC. 1041_ SHORT TITLE.
. This part may be cited as the "Pro-Children Act. of 1994 ... ·
SEC. 1042.' DEFINITIONS.
As used in this part:
(1) CHILDREN.-The term' "children" means individuals
who have not attained the age of 18.
.
(2) CHILDREN'S SERVICEs.-The term "children's services"
means the provision on a routine or regular basis of health, day
care, education, or library services~
.
(A) that· are funded, after the date of the enactment of
this Act, directly by the Federal Government or. through
State or localgovernments,by Federal grant, loan, loan
guarantee, or contract programs.
(i) administered by either the Secretary of Health
and Human'Services or the Secretary of Education
(other than services provided and funded solely under
titles XVIII and XIX of the Social Security Act); or
(ii) administered by the Secretary of Agriculture in
the case of a clinic (as defined in 7 CFR 246.2) under
section 17(b)(6) of the Child Nutrition Act of 1966 (42
US.C. 1786(b)(6)), or
(B) that are provided in indoor facilities that are con
structed, operated, or maintained with such Federal funds,
as determined by the appropriate Secretary in any enforce
ment action under this title, .
except that nothing in clause (ii) of subparagraph (A) is in
tended to include facilities (other than clinics) where coupons
are redeemed under the Child Nutrition Act of 1966.
�'"
154
(3) PEl{SON..- -The term "person" means any St~t.e.or local
subdivision thereof, agency of such State. or 8ubdwlsLo.n, cor·
poration, or par.tnership that, owns ?r operates or: othe.rwlse COrl'
trols and promdes chtldren: s sermces or any L,!dwtdual who
owns or operates or otherwtse controls and promdes such servo
ices.
. . . . . ..
. (~) INDOO~ FACIUTY.-The term mdoor facLldy means a
bwldmg that tS enclosed.
. . , , '
, (5) SECRETARY.-The te.rm Secretary means the Secretary
of Health and Human Sermces.
SEC. 1043. NONSMOKING POUCY FOR CHILDREN'S SERVICES.
(a)' PROHIBITION.--After the date of the enactment of this Act,
no person shall permit smoking within any indoor facility 0ll!~d or
leased or contracted for and utilized by such person for prOVLSwn. of
routine or regular kindergarten, elementary, ,or secondary educatwn
or library services to c h i l d r e n . ,
. (~) ADDITIONAL PROHIBITIO/Y..-After. the £/.a~e of th~ enactme~t
C!f thts Act, ~o person shall permIt smokmg wtthm any mdoor facLl·
Lty (or portIOn ther.ef?f) owned or leased or contracted for by such
person for the promston by s!,ch person of regular or routme health
care or day care or early chLldhood development (Head Start) servo
ices ~o children or (or the use of the e~ployees f}f such person who
proVldes such serVlces, except that thts subsectwn shall not apply
to.
. .
.
..
-. -. (1)-any.portlOn_o(~sa.c~Jactltty .that ..LS_USed. .fQ[ !n:l?fL.tLenL
hospLtal treatme~t of mdwlduals dependent on, or addLcted to,
dru g(s2)or alcohf}l, tand 'de
any prwa e res, nce.
(c) FEDERAL AGENCIES.-
.
(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVlCEs.--After the date of the enactment
C!f this Act~ ,!O Federal agency shall permi~ smoking within any
Lndoor factllly operated by such agency, dLrectly or by contract,
to provide routine or regular kindergarten, elementary, or secondary education or library services to children.
(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOp·
MENT SERVICES.--After the date of the enactment of this Act, no
Federal agency shall permit smoking within atty indoor facility
(or portion thereof) operated by such agency, directly or by con·
tract, to prouide routine or regular health or day care or early
childhood development (Head Start) services to children, except
that this paragraph shall not apply to(A) any portion of such facility that is used for iflpa-'
tient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and'
'
(8) any private residence.
.
(3) APPJ.lCATlON OF. PROVISlONs,-The provisions of para~ ___.___ ,gr.aph_(2LshaICals~ apply_t()c.~h.ILP.£(lUisiQn_o{such rou.tineor
. - -- regular· kindergarten, elementaryotsecundary eaiication or /i.ebrary services in the facilities described in paragraph (2) not
subject to paragraph (1),. . . .
.
(d) NOTICK-The prohLblllOns m subsectIOns (a) through (c)
f!hall be incorporated by' publicatiorl. of a !wtice in thePederal. RegLster by the Secretary, (m consultatton wLth the heads of other af-
155
-'-c,~-
fected agencies) and by such agency heads in funding arrangements
i,wolving the provision of children's services administered by such
heads. Such prohibitions shall be effective 90 days after such notice
is published, or 270 days after the date of the enactment of tins Act,
whichever occurs first.
(e) SPECIAL WAlVER.-
(1) IN GENERAL.-On receipt of an application, the head of
the Federal agency may grant a special waiver to a person de·
scribed in subsection (a) who employs individuals who are
members of a labor organization and provide children's services
pursuant to a .collective bargaining agreement that
rA) took effect before the date of enactment of this Act;
and
(B) includes provisions relating to smoking privileges
that are in violation of the requirements of this section.
(2) TERMINATION OF WAlVER.--A special waiver granted
under this subsection .shall terminate on the earlier of
(A) the first expiration date (after the date of enactment
of this Act) of the collective bargaining agreement contain.
ing the provisions relating to smoking privileges; or
(B) the date that is 1 year after the date of the enact.
ment of this Act.
(f) CIVIL PENALTIES..
(1) IN GENERAL.-Any failure to comply with a prohibition
... .in.this-section. shall ,be a_violation. of this .section and .any pe.r -, __ _
son subject to such prohibition who commits such violation may
be Hable to the United States for a civil penaity in an amount
d $
I:
h' l .
be b .
flOt tf} t;xcee. 1,000 lor eac vwatlOn, or may
sa. !Ject to an
admmlstrat~ve complta11:ce o~der, or .both, as determL!'€d
by the
Secreta,),. E~ch day a vwlatwn contL~lfes shall constltute ~ sep
a!ate vLolatwn. In the case of any c.wLl penalty under thLs sectwn, the. t~tal amount shall not· exceed the amou11:t of ~ederal
fund,S recewe,d by' such person for the fiscal year m whLchth~
contmumg vwlallOns occurred. For the purpose of the proh,b,
tion in subsection (c), the term "person" shall mean the head of
the applicable Fed,eral age,!-cy or the contractor of such agency
promdmg the sermces to chtldren.
....
(2) ADMINIST~TNE P~OCEEDING.-A, c~VLI ~nalty m~y be
assessed m a wrLtten notLCe, or an admmlstratwe compltance
order may be issued, by the Secretary only after an opportuiuly
for a hearing in accordance with section 554 of title 5,' United
States Code. Before making such assessment or issuing such
order, or both, the Secretary shall give written notice thereof to
such person by certified mail with return receipt and provide
therein an opportunity to request in writing not later than 30
days after the date of receipt; of such notice such hearing, The
notice shall reasonably describe the violation and be accom
. -':, -panied'uiith thejii'ocedures{or' Buch- hearing:and: a'simple10rm
.to request such hearing if such person desires to use such form.
If a hearing is requested, the Secretary shall establi~h by such
certified notice the time and place for such hearmg whlch
should be located, to the greatest extent possible, at a lcx;ation
convenient to such person. The Secretary (or the Secretary s des
�.....
~
156
ignee) .and such person mC!-y consult' to arrange .a suitable date
and location where appropriate.
.
(3) C1RcliMSTANCES AFJ.'ECTING PENALTY OR ORDER.-In de·
termining ·the amount of the civil penalty. or the nature of the
administrative compliance order, the Secretary shall take into
account, as appropriate
(A) the nature, circumstances, extent, and gravity of the
violation;
.
(B) with respect to the violator, .any good faith efforts
to comply, the imfX!rtance of achieving early and perma·
nent compliance, the ability to payor comply, the effect of
the penalty or order on the ability to continue. operation,
. any prior history of the same kind of violation, the degree
of culpability, and any demonstration of' willingness to
comply with the prohibitions of this section in a timely
f!l,anner; a n d .
.
(C) such other matters as justice may require.
(4) MODIFICATloN.~The Secretary may, as appropriate,
compromise. modify, or remit,' with. or without conditions, any
civil penalty or administrative .compliance order. In the case of
a civil fJ!!naity, the amount, as finally determined by the Sec·
retary or agreed upon in compromise, may be deducted from
any sums ·that the 'United States or its agencies or instrumen·
talities owes' to the person against whom the penalty is as
sessed.
.
(5) PETiTION FOR REVlEw.-Any.person aggrieved by a pen·
alty assessed or an order issued, or both, by the Secretary under
this section may file a petition for judicial review thereof with
theVnited States Court of Appeals for the District of Columbia
Circult ,or for any other circuit in which the person 'resides or
transacts business. Such person shall provide a copy thereof to
the Secretary or the Secretary's designee. The petition shall be
filed within 30 days after the Secretary's assessment or order,
or both, are final and have been provided to such person by cer·
tified mail. The Secretary shall promptly provide to the court
a certified copy of the' transcript of any hearing held under this
section and a copy of the notice or order.
,.(6) FAILURE TO COMPLY.~/faperson fails to pay an (lssess
ment of a civil penaltY'or comply with an order, after either or
'both are final under this section, or. after a court under para·
graph ,(5) has entered a final judgment in favor of the Sec
retary, the Attorney General, at the request of the Secretary,
shall recover the amount of the civil' penalty (p~us interest at
then currently prevailing rates from the day either or both are
final) or enforce the orcJ.er in an action brought in the appro·
priate district court of the :United States. In such action, the va·
lidity and appropriateness of the penalty or order or the amount
of the penalty shall no~ be subject to review:
SEC.1D44. PREEMPTION.
.
Nothing in this part is intended to pre~mpt any proVtSlOn of
law of a State or political subdivision of a State that is more restric
tive than a provision of this part.
v
157
PARTD-MIDNIGHT BASKETBALL LEAGUE
TRAINING AND PARTNERSHIP
SEC. 1051. SHORT TITLE.
,
. This part may be cited as the "Midnight Basketball League
Training and Partnership Act".
SEC. 1052. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING'
AND PARTNERSHIP PROGRAMS.
.
Section 520 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a) is.amended
.
'.' (1 in .the section he~ding by inserting "AND ASSISTED"
after "PUBLIC";
.
.
(2) in the subsection heading for subsection (a), by inserting
"PUBUC HOUSING" before "YOUTU"; and
(3) by adding at the end the following new subsection:
"(I) MlDNIGIIT BASKETBALL LEAGUE TRAINING AND .'PARTNER
SI/IPPROGRAMS.- .
.
"i 1) AUTIIORITY.-The Secretary shall make grants, to the
extent that aniounts are approved in appropriations Acts under.
paragraph (3),' to
"(A) e~igible entities .to assist such entities in carrying
out midnight basketball league programs meeting the re
. quirementsofjJaragraph (4); and . .
.
.
"(B) eligible advisory entities to provide technical as
sistance to eligible entities in establishing and operating
such midnight basketball league programs,
"(2) ELIGIBLE ENTITIES..
"(A) IN GENERAL.-Subjectto subparagraph (B), grants
under paragraph (J )(A) may be made only to the following
eligible entities:
..
"(i) Entities eligible under. subsection (b) for a
grant under subsection (a).
"(ii) Nonprofit organizations providing employment
counseling, job training, or' other. educational. services.
"(iii) Nonprofit organizations pfiividing federilily
assisted low-income housing.
'.
.
"(B) PROHIBITION ON SECOND GRANTS.-,-A grant· under
paragraph (l)(A) may not be made to an eligible' entity if
the entity has previously received a grant 'u~der such para
graph, except that the Secretary may exempt an eligible ad
visory entity from the prohibition under this subparagraph
in extraordinary circ~mstances.
.,
USE OF GRANTAMOUNTS.-Any eligible entity that re
ce.ives a grant under paragraph (l}(A) may use such amounts
only.
'.
"(A) to establish or carry out a midnight' basketball
league program. under paragraph (4);·
.'
"(B) for salaries for administrators and staff of the pro
gram;
.
"(e) for other administratiVe costs of the program, ex
cept that not more than 5 percent of the grant amount may
be used for such administrative costs!" and
.
r
�'.
159
151:3
"(OJ lor C(J~t~ of trainill/: amI a~sistance provided under
parawaph (4)W.
'
"(4) PROGRAM Ilr:QlJIRE"~ENTS. -Each eligible entity ret:ei /J
ing a grant under paragraph (1){A) shall establish a midnight
basketball league program as follows:
"(A) The program shall establish a basketball league of
'lOt less than 8 teams hailing 10 players each.
'
"(B) Not less than 50 percent of the players in the bas
ketball league shall be residents of federally assisted low
income housing or members of low-income families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937).
"(C) The program shall be designed to serve primarily
youths and young adults from a neighborhood· or commu
nity whose population has not less "than 2 '.of the following
characteristics (in comparison with national averages):
"(i) A substantial problem regarding use or sale of
illegal drugs_
"(ii) A high incidence of crimes committed by
'youths or YOlUl/: adults.
"(iii) A high incidence of persons infected with the
himwn immunodeficieruj virus or sexually transmitted
diseases.
H(iv) A high'incidence ofpregnancy or a high birth
-_._--,-- -'-rate;'among-adolescent~_-'
-- ,._--.. _- •. ,-- ... _."(v) A ·high unemployment rate for youths and
youlIg adults,
'
"(vi) A high rate of high school drop-outs.
"(D) The program shall require each ·player in tlte
league to attend employment counseli.ng, job training, ami
other' edm:atiOllal classes prollided w~der the program,
, which shall be held immediately following the conciwliolt of"
league basketball games at 'or near the site of the games
and at other specified times.
,
"
.
"(E) The program shall serve only youths and yOU/!/:
adults who demonstrate a 'need for such counseling. train
ing, anel education provided by the program, iTt accordance
with ('riteria for demonstrating need, whichsltall be estab
lished by the Secretary, ill consultation with the Advisory
Committee.
.'
,
"(F) The majority of the basketball games of the league
shall be held between the hours of 10:00 p.m. and 2:00 a.lII.
at a IOL'ation in theneighborhoud or community served by
the prograin.
. ,
,
"(G) The program shall obtain sponsors for each team
ill the basketball league. Sponsors shall be priVate individ
,ualsor . business~s cin - ·tlte:c- ·neigh borhood hr ,. com iifiiiiity
served by tlte program who make financial contributions to
the progmm and participate in or suppleinent tlte employ
ment, job training, and educational services provided to the
players under the program with additional training or educational opportunities_
'
C
"(11) The program shall comply with any criteria estab
lished by the Secretary, in L'ollsuliatioll' with the Advisory
Committee established under para/:raph (9).
"a) Administrators or organizers of the pro/:ram shall
receive training and technical assistance proiJided by eligi
ble advisory entities receiving grants under' paragraph (8).
"(5) GRANT AMOUNT LIMITATIONS.
"(A) PRIVATE CONTRI8UTIONS.-The Secretary may not
make a grant under paragraph (J)(A) to an eligible entity
that applies for a grant under paragraph (6) ulLless the ap
plicant 'entity certifies to the Secretary that the' entity will
supplement the grant amounts with amounts of funds from
non-Federal sources, as follows:
,
"(i) In each of the first 2 years. that amounts from
the grant are disbursed (under subparagraph (E)), an
amowit sufficient to provide 'Wt" less than 35 percent of
the cost ,of carrying out the midnight basketball league
program, '
"(ii) In each of the last 3 years that amounts from
the grant are disbursed, an amount sufficient to pro
vide not less than 50 percent of the cost of carrying out
the midnight basketball league program.
"(8) NON-FEDf-'RAL FUNDS.-For purposes of this para
graph, the term 'furtds from non-Federal sources' includes
__ .__ _ alll~l!.EJ§ _ frpm_. tu;mpr:ofit __ or/:anizations,_-public. housing
agt'llcies, States, units of general local government, and IIL
elia·n housing authorities, private cmltributiolts, any salary
, paid to staff (other than from grant amounts under para·
graph (1)(A)) to carry out the program ofthe eligible entity,
in-kind contributions to carry out the pro/:ram (as deter
mined by the Secretary after consultation with the Advisory
Committee), the value of any donated material,equipment,
or building, the value of any lease on a buildiug, the value
of any utilities provided, and the value of any time and
services contributed by volunteers to carry out the program
of the eligible entity.
"(C) PROHIBITION ON SUBSTITUTION OF FUNDS.-Grant
amounts under paragraph (J)(A).and amounts provided by
States and units of general local government to supplement
grant amounts may not be used to replace other ,public
funds previously used, or designated for use, under this sec
tion.
"(D) MAXIMUM AND MINIMUM GRANT AMOUNTS.
"(i) IN GENERAL_-The Secretary may' not make a
grant under paragraph (J)(A) to any single eligible eu
tity in an amount less thalt $55,000 or exceeding
$130,000, except as provided in clause (ii).
....:. ___..(ij)j£XC.EPJ'ION_FOR. L.AlfGK}_E4GUES.: ,,1nthe-ca8e-:.."c.c
" ·of a·league having-'n·ore than, 80 players: a grant under
paragraph (J){A) may exceed $130,000, but lIIay not ex
ceed the amount equal to 35 percent of the cost of car
rying oulthe midnight basketball league program.
"(E) DISBURSEMENT.-Amounts provided under a grallt.
uilder paragraph (J)(A) shall be disbursed to the eligible
�161
160
entity receiving tlte g~allt over the 5-year' period heginning
on .the date 'that the entity is selected to receive the grant,
as follows:
"(i) In each of the first 2 years ,of such 5-year pe
riod, 23 percent of the total grant amount shall be dis
bursed to the entity_
"(ii) In each of the last 3 years of such 5-year pe
riod. 18 percent of the total grant amount shall be dis
bursed to the entity:
, "(6) APPLICATIONS_-To be eligible to receive a grant under
paragraph (J)(A), an eligible entity shall submit to the Sec
retary an application in the form and manner required by the'
Secretary (after consultation with the Advisory Committee),
which shall include'
'
"(A) a description of the midnight basketball league
program to be carried out by the entity, including a de
scription of the employment counseling, job training, and
other educational services to be provided;
"(B) letters of agreement from service providers to pro
. vide training and counseling services required under para
graph (4) and a description of such service providers;
" "(C) letters of agreement providing for facilities for bas
ketball games and counseling, training, and educational
services required under paragraph (4) and a description of
the facilities;
.
"(D) a list of persons and busine~ses from the commu
nity served by the program who have expressed interest ill
sponsoring, or have, made commitments to sponsor. a team
in the midnight basketball league; and
'
"(E) evidence that the neighborhood or community
served by the program meets the requirements of paragraph
(4)(C)_
,
"(7) SELECTION.-The Secretary. in consultation with the
Advisory Committee, shall select eligible entities that have sub
mitted appiica#ons under paragraph (6)10 receive grants under
paragraph (J)(A). The Secretary, in consultation with the Advi
sory Committee. shall establish criteria for selection of appli·
cants to receive such grants. The criteria shall include a pref
erence for selection of eligible entities c.arrying out midnight
basketball league programs in suburban and rural areas.
"(8) TECHNICAL ASSISTANCE ORANTS.-Technical assistance
grants under paragraph O)(B) shall be made as follows:
"(A) ELIGIBLE ADVISORY ENTITIES.-Technical assist
ance grants may be r:nade only to entities that
"(i) are experienced and have expertise in establish
ing, operating, or administering successful and errec·
tiveprograms for midnight basketball and employ
ment, job training, and educational services similar to
the programs under paragraph (4); and
"(ii) have provided technical assistance to other en
tities regarding establishment and operation of such
programs.
"(B) USI!:.-Amollnts received under technical assist
ance grants shall be used to establish centers for providing
....
technical assistance to entities receiving grants under para
graph (I )(A) of this subsedion and subsection (a) -regarding
establishment, operation, and administration of effectille
ands/l{'cessfulmidnightbasketball league programs under
this subsection and subsection (c)(3).
'
"(e) . NUMBfo:R ANIJ AMOUNT.-To the extent that
amounts are provided in appropriations Acts under para
graph (13)(B) in eaeh fiscal year, the Secretary shall make
t('chnical assistance grants under paragraph (l)(B). In each
fiscal year that such amounts are available the Secretary
shall make 4 such grants, as follows:
"W 2 grants shall be made to eligible advisory en
titil~s for development of midnight basketball league
programs in public housillg projects.
"(ii) 2 grants shall be made to eligible advisory en
tities for development of midnight basketball league
programs in suburban or rural ar(!as'.
"(iii) Each grant shall be in all. amount not exceed
ing $25,000,
,
"(9) AOV1SOIlY CVMM17'TI!:K-The Secretary of Housing and
Urban Development shall appoint an Adllisory Committee to as
sist the Secretary in providing grants under this subsection.
The Aduisory Committee shall be composed of not more than 7,
members, as follows:
"(A) Not ll$s than 2 individuals who are inllo/tled ill
'managing or administering midnight basketball programs
that the Secretary determines have been successful and ef
fective. Such indilliduals may not be involved in a program
assisted under this subsection or a member or employee of
an eligible advisory entity that receives 'a technical assist
ance grailt under paragraph (J )(B).
"fB) A representative of the Center for Substance Abuse
Prevention of' the Public Health Service, Department of
Health and Human Serllices, who is involved, in admin
istering the grant program for prevention, treatment, and
rehabilitation model projects for high risk yguth under sec·
tion .509A of the Public Health Service Act (42 U.S.C.
290da-8), who shall be selected by the Secretary of Health
and Human Services.
"(C) A representatille of the Department of Education,
who shall be selected by the Secretary of Education,
"I f) A representatille of the Department ,of Health and
Human Services, who shall be selected by the Secretary of
Health and Human Sertlices from among officers and eTli ,
ploy('es of such Department intlolved in issues relating to
high-risk youth_
U( 10) 1?f:I'OR"l's.-The S(!cretary shall re1lllire t'ach eligible
('ntity recl'illing a grant under paragraph (1 J( AJ and e(J(~h efigi·
hle advisory entity receitling a grant under paragraph (1)( Bi to
submit to tile Secretary. for each year iT! which grllnt amounts
are receitl(~d by the entity, a report describing till' actil'ities car·
ried out with such amounts.
"( 11) STII1JY.-To the extent amounts aTl' prol'icied mui<'r
appropriation Acts pursuant to parcigraph (/:JJfCJ. th(' Secretary
77-574 0 - 94 - 6
�~\ "
162
shall make a grant to aile entity qualified tu carry out a stl/dy
under- this paragraph. The entity shall Wit' SlIch grallt mllOlHlts
to carry out a scienti{icstudy of the eflectivelless uf midlli;.:ht
basketball league programs under paragraph (4) of eligible enti·
ties receiving grants under paragraph (l)(A). The Secretary
shall require sllch entity to submit a report describing the study
and any conclusions and recommendations resulting {rum the
study to the Congress and the Secretary not later thalL the expi·
ration of the 2-year period beginning on the date that the grallt
under this paragraph is made.
"( 12) DEFlNITIONS.-For purposes of this subsection:
"(A) The term 'Advisory Committee' means the Advisory
Committee established under paragraph (9).
"(B) The term ;'eligible advi!>ory entity' means all entity
meeting the requirements under paragraph (8)(A).
"(C) The term 'eligible entity' means an entity described
under paragraph (2)(A).
"(D) The term 'federally assisted low·illcome huusing'
has the meaning given the term in section 5126 of the Pub
lic and Assisted Housing Drug Elimination Act of 1990.
"(E) The term "Secretary" unless otherwise specified,
means 'the Secretary of Housing and Urban Development.
"(13) AUTHORIZATION Ol? APPROPRIATIONS.-Tltere are au·
thorized to be appropriated
"(A) for grants under paragraph (1)(A), $2,650,000 in
each of fiscal years 1994 and !9.!;!.5;..
····"(BFfOF· techiiical cissistance grallts under paragraph
(1)(B), $100,000 in each of fiscal years 1994 and 191J5; and
"(C) for a study grant under paragraph (11), $250,000
in fiscal year 1994.".
w";'
SEC. 1053. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE PRO·
• • __ ... ___
~
~~
_____
.~
__ w-...-_
GRAMS.
Section 520(c) of the Cranston-Gonzalez National Aflordable
Housing Act (42 U.S.C 11903a(c)) is amended by adding at the end
the following new paragraph:
.
"(3) MIDNIGHT BASKETBALL l.EAGUE PROGRAMS.-Notwith·
standing any other provision of this subsection and subsection
(d), a grant under this section may be used to carry out allY
youth sports program that meets the requirements of a mid
night basketball league program under subsection (1)(4) (not in·
cluding subparagraph (B) of such subsection) if the program
serves primarily youths and young adults from the public IWlls,
ing project in which the program assisted by the grant is oper·
ated.".
-
r
I':"
�lOR RTAT. 125
PUBLIC LA W W:I·227-·MAR :11,1994
Public Law 10:1-227
I03d Congrp!,;R
.,'
An Act
To iml'roY4' lP.Aminlf Rnd II'Arhinlf hy providing a nAtional fr"mewo,k for edueation
r~fonn; to I'romoll' th" ,...rAr~h, ronAp.nAu8 building, And .y."'mic changell needed
to en.u,e "'IuiI1lhl" ·.,ducAti"n,,1 opportuniti... and high levl'l~ of edutational
a~hiev"m~nt r", .. II .I"d.. nlo; to provid" II f'Amework f,,' ...,authorization of aU
redual ~d\l~nti"n' l"OIfTRmA; tn promn' .. the d"velopm"nl lind adoption of a vol·
·untftry n"tinftl.! AY."'~ of Akill.tftnd"r". and tertifi~1Ition.; And rn, olh~r pu.".,."".
Mor. :11, 1994
IRoil
Be it I'lIar:t~d loy the Semit!' and IIrmsl' of Rl'prl'lI1'ntntillNI of
eonl.2000:
1M Ullited Statl'S of Amrrica ill Con/(rrMI a.~lIl'mblcd,
F..du("ntr
Amt'rin\ Act.
SECTION I. AnORT TlTI.E; TAm.v. OF (;OJIfT'F:NTfI.
no
Inl",·
.
(a) SnORT TITI,F..-ThiB A~t (other thAn tilleR V And·
mAy gov".rnmr.ntnl
he dted 88 the "GoRis 2000: Ed\lC8~ America Ad".
rrlntionA.
(b) TARLE·orCONTF:N"rn..,-Thl! 1Il1lie of cO!l~nU! iR RB followA: 20,\.ISC SROI
nHt .."
8ft. I. Short title; tfthl.. of tonll'nl".
Set. 2. l'urpOllB. .
8ft. 3. Definition•.
TITLE I-NATIONAl,F.mlCAT10N GOAl.,,'
8ft. 101. Purpoee.
8ft. 102.. Nallonal edut.llllon Il108'11.
TITLE II-NATIONAl, EDUCATION REFORM I..F.AOF:R.C1mp, STANDARDS, ANI)
ASSESSMF.N"rn
PART A-NA11ONAL F.OUCA11(UI GoAUI rANEI.
See. 201. PurpclI'l!. '.
.
.
.'
See. 202. Nallonal Education OOal. Pan..l.
See.
· Sec.
· See.
Sec.
See.
203. Duti"•.
"
204. Powe,. of the Goalll P ......1.
2011. Adminl.trative p,oYiaion •.
206. Dir«tor and .lell'; " .....rle and oon.ultftnle,
207, Earl, childhood a_••ment.
PART n-:-NA11oNAL EOUCAT10N SrANoARns ANn Jl4rllO~"Dn' CouNciL
See. 211. Purpoee.
.
See. 212. National Education SLllndard. and (mprovem"nt Countll.
Sec. 213. Out;ell. .
See. 214. Annual ",porle.
See. 2111. Powen of tha Council.
.See. 218. Publicatiorl for public comm~nl.
SeC. 217. Admlnletratln proYillionll.
· See. 218. Dindor and lllell'; ...perle and oon.ultftntA.
Sec.' 219. Opportunit,-To.Leam Development G.anl . .
See. 220. ""••ament development and "valuetion grantA.
8ft. 221. Ev.luation.
.
PART C-J.,..AOF:RlIIIIP IN Eom::A11ONAI. TJ-.rIlNOUlGY
See. 231. I'urpolMl••
&.e. 232. r~d.,rell".dl!rehip.
>
"·1:19 0 . 94 122'1,
�tOp.
~T AT.
runLlc LAW
121l'
10:t-227-··MAR.
PUBLIC tAW 103-227-MAR. :n, 1994
:n. 1!l!H
Sf'<. IIO!>. Application..
SM-. 2:1l. Offi." of edlKAtionAI I«hnoloo·
~ 2:14.
. ~. 2:1~.
s..•.
Non·Feder.1 ahAre.
901. Short.title
&c. 902. Findin!!•.
SM-. 2~fi. (}ffic~ of trAinin!! I«hnoloo trAn.r"r.
or ArPROrRIATlON!'!
.~. 24 I. .AuthoriZAtion of appropriation".
TITI.F: 1lI~~ATf: AND I.ocAI.EDUCATlON f;YRTF.MIC IMrROVEMF:NT
SN:. lOI. Findinp.
·&<-. 302. I'u.".o...
.
SM-. :103. Authorizalion of appropriAtions.
SM-. :l04. Allohn'!nt orrunda.
~. :105'. Stflll! Application..
.
•
s...:. :106. Sl'!'" improvement plana.
s.,~. :101. SM',ptary·. r"view or applications; paymentA.
SM-. :lOR. Stall! uOt! orrund•.
. SN. :1119. S"hl!fantA ror local reronn and pro.....ionlll d~nlopm"nt.
~. :110. Av"il"hility e>f inrormation and traininll·
~. :111. Waive", of .tatutory lind reculatory fl!'quiremf!ntA. .'
. 'S«. :112. I'rogr"•• r.porte.
.
~. :11:1. Tec:hnicaland other a..ietJtna. ftga,dinlillChool financ"'"",,,ity:
· ~ :I 14. NAtional l<'!IIdenhip.
.
. .
· SK. 316. A".ietanc" to the ouUyinr area. aiullo the Secr:etary or the I ntarior. .
~. :lUl. CIArific.tion reprdinll Stete.tendard••nd ••..,••mentA. .
~. :t11. State planning ror improving atudent achievement throtl!!h int.-grAtion or
....hnololl)' into the curriculum.
.
~. :1111. l'rohihition on Federal mandall!w. diredlon. and control.
•
~. :11!1. Stall! And locAlg....emm"nt control or edueetlon.
s..:.
s.-.:.
&c.
Sec.
Sec.
s.c.
s.c:.
Sec.
. TIRE JV..,..PARENTAL A.C;SISTANCE
401. PArentel infonn.tion and re8Oum! centen.
402. Applicationa.
403. U_ of funda.
404. Technieal A
••istance.
405. Ddinitions.
406. Reporte.
401. General pl'Ovisil'ln.
4011. Authoriz.Uon or Appropriationa.
TITLE V-NATIONAL SKILL STANDARDS HOARD
Sec:. 501: 'Short Uti!!.
'.'
Sec:. 602. Purpoee.
' . '.
Sec:. 603. Eetabliahment or National Board.
s.c.
Sec.
.s.-.:.
.
. .
TITLE Vl-INTERNATlONAL EDUCATION PROGRAM
.
TITLE Vll-SAFE scnool:S
&c. 10). Short title' atele_tor,.'1*!; .
s.c. 102. S.~e. ec:hoo\. ".am authonzed.
s.c.
103. F.hl!1ble .ppheen".
s.,.,. 104. AppliCAtions .nd pl.n•.
s.-.:. 10S. U." orrund..
.
..
See. 106. National activiti...
SK. 10'1'.· National cooperali"" edueation steliali.,••yoll!m.
108. Report..
.
SK. 109. Coordinalion of Federal a.ili.lanH.
s.c.
See.
.See.
See.
Sec.
.
s..c. 911. Repeal.
s.-... 912. Offic" or F.dlKslinnnl R",e.rch and ·Improvement.
Sf'<. 9Il:' A••i,lant Secr.tary r..,r Educ.tionAI Relurch lind Imprnvemr.nl.
Sf'{' 914. SAvin". prov,.ion. '.
.
.'
Sf'f'. !II ft. t:.i.tinR r.TAnh And (-"'ntrA.-h.
I'MIT \1_. NATIONAl. EIlIICA'tIONAt. RFBF.ARCII Pm.ICY AND PIIIORITIF.~ nOARII
.s..·i
!1:?1. F..t"hli.hm;'nt will;in Office or F:dncationAI Re~~Arch And Improv~rn~nt .
rAIIT C··NATIONAI. Rt:St:ARCII INSTITUTF.!'!
Sf"f'.
!l~ I. E.tnhli."m~nl
mrnL
I'AIIT
within Ih" Office or 'Eduntionlll Re."Arch and Improv.,
p. ·NATI"NAI. F.OUCATION
nlSSt:MINATION SYSTEM
s..'r. !l11. .;.'''hli.hm~nl within Offi~e of F.ducetionAI Reerllrch And Improvem·.nl.
"ART
F~NATIONAI.I.IIIRAI!Y Of' EnUCATION
s".~. 9f,l. F..tAhli.hmenl within Office or F.duCAtional Relleareh And Improvl'ment .
PAIIT F~<;TAR &:110013
N-<-. !lr.I. Star .diool•..
s....
PAIIT C 'OFrtC.: OF COMrRF.IIF.NSlVE sj;IIOOL lIf'.AtTII EDUCATION
......
91 I. Offic" or Comprehenllive SChool Health Education.
PART
II -FlF.tD Rt:AOF.Il.'1
Sec. 981. Field re.d.....
PART i-:AMF.NnMF.NTS Tel TetE CARL D, PEItKlNS VOCATIONAL AND APPLIt:D
.
TECHNOLOGY £oucATlOH A C T .
.
Sec. 991. NAtional Occupationallnro""ation Cocmiinlling Commiltft.
TI~E
X-MISCElLANEOUS
.Pm A-MI!lCl!UNlEOO1I PItoVISIONS
pra,.... '. .
..
..
.
See., 1011. 8chMI
See•. 1011. ~ tor .... Indi"ldo" with Dlubllitlea Education Act. .
Sec. 101.. N
Board lor pl'Or_lonal ....eblne .tendarda..
..
.
c.....in·_rpe,men....
.
.
See. 1014.
See.. 1011.
. III..... 2000 and etudsnla with dluliilities.
.
5«. 1018.
.. CO aummer JOuUl employment and trainIn. PfOC'l'am.
See. 1011........... otpupila.
See. 1018. Cont.nIeepUw dewieea.
See. 1019. AaaetII_ta.
.
Sec:. 1020. Public _'-Ie.
&c. 1021. Aaeeeemel'lt or ed~' procren adlvllies.
s..c. 102.2. Senile or the Coqre••
E"
.
60'1'. Authoriution or .ppropriations.
608. Definition..
.
009. !1uneel provl.ion.
Sec. 1;01. Int..,nati..nlll Education l'nItrram.
I'MIT A-Gt.NF.IlAI. PRoV1!llON!l RF.GARnIN~ TIlE OffICE OF EDUCATIONAl. RF.~F.ARr:II
.ANI) IMrIlOvF.MF.NT
.."'
s.c. 604. Fundion. or the N.tional BoArd..
Sec:. 605. De.dline•.
Sec:. 506. Reporte.
.
TITU~ IX-F.OIICATIONA). RF.5EARCII AND IMPROVEMENT
u..... or rund •.
PART D-AurHORJ7.ATlON
lOR STAT: 127
TITLE VIII-MINORITY·FOCUSED CIVICS EDUCATION
801.· Short Utle•
802. I'll..,....
.
.
803. Oran.. authori1!ed: authoriution or .ppropriations.
804. D,finitlon..
.
PART B-OUN·PIIU ScHooLS
See. 1031. Short. t i t l " . '
.
s..c. 1032. Gun.rr:-ee requiftmenla ~n a""'tery andaaeonda.,. IIChoOI•.
See.
. See.
See.
See.
PART C-ENYlItOMMaiTAI. ToilAa::o SMOIU!
1041. Short. tilla.
1042: Definitions.
1043. Non.molting policy for children'a
1044. Preemption.
_rricea.
PART D-MIONIQIIT BASKETBALL woua TIIAININO AND P,...".EII9I11P
Sec. 1051..8hort.lIU".
�.
.- ~
1nH STAT. I l;n
PUBLIC LAW
lO:l··227~MAR
:11. 199-1
PUBLIC LAW I03-227-'-MAR.31, 1994
~, IO~2, Granla" ror midnight ba.k~lball I.. IIU~ trllininlt lind ".rtnll... h;p pro,
If'1lm•.•
RH. 101\:', ",bile houlinlt midniltht tiaw\lItban I,,"IIU~ prt'lllT"m".
:~n
lise ~.~(l1
,.
::
!'IF-C. 2. PURPOSE.
The purpoae of this ACt ia to provide R frRmework for meeting
IheNAtionAl Education Goals eRtablillhed hy title I of thifl Act
hy
(l) promoting coherent, nationwide, flyslemic education
r .. form·
'"
.
(2) improving the quality of learning nndlp-nching in thn
dnRAroom and in the workplace;
, .
(:1) defining 'spproeriate and coherent Federal, Slflte,nnd
lOCAl roleR and' responsIbilities for education reform And lifelong
I~nming;"
,'.
(4) establishing valid and reliable mechaniama for
(A) building a broad national conaenaus on Ame'ricAn
education refom1; .
.,
'.
(8) assiRting, in the development and certification of
, high·quality. in~mationally competitive conlent and IItU'
d~nt performance standards;
.
"
.
(C) assisting in the development and certification of
opportunity·to·leam standards' and
'
(D) anisting .in the development and certification of
high· quality a.eaament measures thatrenect the inler·
nRtionally competitive' conlent and atudent performance
, standards;'
", . '
'
(5) aurporting new initiatives at the Federal, Stale,local.
Rnd IIChoo Jevels to provide equal educational opportunity ror
all studenlB to meet hil(h academic and occupational akill stand
Rrds and to aueeeed 1ft .the world of employment and civic
' .
.
pRrticipation;
(6) providing a framework for the reauthorization of all
.' .
Federal education programa bJ-:, (A) creating ... vilion of excellence and equity' that
will guide all Federal e4ucation 'and related programa;
,
(8) providing for the eltablishment or high-quality,
internationally competitive conlent and student perform-·
ance standards and strategies that all students will be
expected to achieve:
'.
.
(C) providing for the establilhment. or· high-quality,
internationally competitive opportunity-to-Ieam standards
that all Stales. local educational agencies, and Ichools
"
.
Bhould achieve;·
(0) .encouraging and enabling all State educational
agenciel and· loCal educational agencies to develop com~
prehenai... impnvement planl that will provide a coherent
framework ror the implementation of reauthorized Federal
education and related programl in an integrated falhion
that effectivel,. educates all children' to erepare them to
particifate rully as .worke,.. parents, and cltizena;
,
(E premding resources to help Individual sc,hools,
including thoee semng students wit.h high needs, develop
and implement comprehenlive imj>rovement plans; and
(F) promoting the use of technology to enable an stu
dents to aehi.... the National Education Goala;
.
. (7) lltimufatlng the development and adoption of a vol
untAry niltional s,.fA[!m or skill standards and certification to
o
, .. -
._. -
--~- ~- '-~.~
....... -...
. --'
--~-""'"~''''."''----
...... ' '.'
IOf! STAT.
12!~
Berve as Ii cornerstone or the nailonal Itrategy to enhance
workforce skilts; a'nd
,(8) aaBiBting every elementary and MCOndaryschoql thot
receives runds under thil Act to actively invol... perenlB and
familiel in aupporting the academic work or their children
at home and in providing parents with Ikills to advocate for
their children at school. '
SF-€:. 3. DEFINI110N9.
20 USC·!iROZ.
(a) TITl.F.S I, II, m. ANO X.-Nt used in titles I, II, III, and
x of thil' A c t - ,
. '
, (1) the terms "all students" and "all children" men n stu
dentll or children rrom a brood range of backgrounds and dr
cum918nce9, including disadvantaged students and children
students or children w.ith diverse racial, ethnic. and cultura i
hackgrounds. American Indians. Alaska Natives, Native Hawai- '
, ions, students or children with disabilitieB. Itudenta or children
with Iimiled·English, proficienc;, school-alted students or chil
. dren who have dropped· out 0 achool. migratory students or
children. and academically talenled studenlli and children;"
.
(2) the lerm "Bureau", unless otherwise provided, meana
the Bureau of Indian AtTaire;
.
. (3) the terms ..communit,.... "public", and "advocacy group"
, ir:aclude representatives or organizationa advocatinlJ for the edu
, cation of American Indian, Alaaka·Native, and NatIve HawaiiRn
' . '.
, children and Indian tribes;
(4) the lerm "conlent standards" meRns broad descriptions
of the knowledge and skills students should acquire in. a
.'
'.
pnrticular subject area;' '
(5) the term "Governor" means the chief executive of the
State;.
"
. (6) thelerms "Ioeal educational agencY' and "Staleedu·
cational agenc,... have the meaning given luch lermsin section
1471 of the Elementary and Secondary Education Act of 1965;
,
,(7) the lerm "oppoi1.unity·to-leam standards" means the
criteria ror. and the bal!1 or, a8lellinl.t~e aufficiency or quality
of·the reaourcel, practices, and condltlonl necelsary at e8ch
·Ie...el of the educationlyStem (achools, local educational agen
ciel, and Stales) to rrovide aU atudents with an opportunity
to leam themaleria in voluntary national conlent standRrds
or State mnlent ltandardl;
.'.
.
(8) the term "outlying areas" meanl Guam. American
Samoa, the Vil]lin Illandl, the Commonwealth onhe Northern
MRriana Illanda. Palau (until the effective date of the Compact
of Free Aaaociation with the Gtrternment or Palau). the RepUblic
of the Marahalllalands. and the Federated Statea of Micronesin;
. (9) the lerm "perrormance alandards" means concrete exam·
pies and explicit definltlonl or what students have 'to know'
and be able to do to demon.tnte that luch ItudenlR Rro pro·
ficient in the skills and knowledp framed by conlent standRrds;
.
(10) the term "relaled lemc:e8" has the aame menning
given such term' under Bection 602 of the Individuals with
Di9abilitieB Education Act;
,
.
(11) the'lerm "State aneamen'-meana measures of stu
dent performance'which include at.leaat..linlt.nJment of evalua
tion. and may include other meuurel of etudent perrormance,
for a apecific purpoae and use which are Intended to evaluale
�lOR STAT. 1:l0'
"
,
the progrells of all students in the State toward learning the
material in State contenlatandards in I or more 8uhjecl area!!;
(12) the te~ "school" means a public 8chool that i!! tinder
tlu~ Authority of the Stnte educational agency or D,lol:nl ellll
clltional agency or, for, the purpo!!1! of carrying oul .Reetion
:1 tr.(h). a school that is operated or funded by the Jhlrl'~lIlI; ,
(13) the term "SecretarY', unles!! otherwise provi(J,~(I, mellll!!
Uw Secretary of Education; and
(14) the term "State", unless otherwise J>rnvidl',I,ml~lIil!!'
enrh of the '50 States; the District of Columhin, the CurnnlOn·
wenlth of Puerto Rico.,and each of the outlying nrl~n!l.
(II) TlTu;s IV, V, VI, VII, VlII,AND IX,-Fi.r the Ilurpose
"Hitle!! IV, V, VI, VII, VIII; and IX
(I) except as provided in paragraph (3) and unles'! olhl'r
,wi!':e provided, the terms used in such titles have thl' same
meaning!! given such terms in Rection 1471 of the EII'menl,MY
RIlII Secondary Education Act of 1965;
,
'
,
(2) the term "Bureau", unless otherwise provided, mean!!
th,! Bureau of Indian Affairs; and
(3) the term "Secretary", unless otherwise provided, means
the Recretary of Edllcation.
'
,TITLE 1-"NATIONAL EDUCATION GOALS.
20 U'SC !ill II ,
SEC. 101. PURPOSE.
The purpose of this tille is to establish National Education,
Goahl..
20 USC 51112,
PUBLIC LA W I03..,227-MAR. 31~ 1994
J'tmLIG LAW IO:l-227-MAH. :11. 1!l!11
SEC. 102. HAll0HAL EDUCAll0H GOALS.
The Congress declares that the National Education Goal9 are
the following:
.
..
'
. (1) ScHOOL READINESS.-(A) B)' the year 2000, nil children
in America will .tart 8chool ready to le.m.
.
(B) The objectives for this goal are that
. (i) all .children will have .ccess to' high-qilality and
developmentall)' .ppropriate preschool programs that help
prepa~ child~n for sehool;
,
"
'
(li) every parent in the United Statea will be a child's
firat teacher .nd devote time each day to helping auch
parent'. presChool child learn••nd parents will have access
.
.to the tr.inln,and support parents need; and
(iii) children Will Ieeelve the nutrition, physical activity
experiences. .... he.lth· care needed to arrive at school
with he.lth,. mina .nd bodies, .nd to maintain the mental
alertness n""'.ry to be prepared to learn, and the 'number
of low-birthwel,ht b.bie. will be significantly reduced
through enhanced pren.tal he.lth systems.
.
(2) ScHOOL COMPLETlOH.--(A) By the year 2000, the high'
school cradu.Uon .rate will incre.slLl to at .Icast 90 percent.,·
(B) The objectives (or this p i an that'.
(i) the N.tion muat dramatically reduce its .chool drop- '
out rate, ..... ·76 percent of, the students' who do drop
ou~ will aucceealbll,. complete • high school degree or its
equivalent; and
'
lOR STAT. 1:lI,
(ii) the gap in high aehool trradu.tion rates between
American students from minority baekpounds and their
non-minority counterparts will be elimin.ted.
,
,
(3) STUDENT ACIIIF.VF.MENT AND CITlZEN9I11P.--(A) By the
year 2000, all students will leave grades 4, 8, and 12 having
demon!ltrated competency over challenging subject matter
including English, mothematics, science, foreign language8,
civics and government, economics, arts, history, and geography,
Rnd every school in America will ensure thnt all sludents
'Ienrn to use their minds well, so they may be prepared for
r~!lIlOn!!ihle citizenship, further learning, and prod\lctive
employment in our NAhon's modern economy.
,. '
,
(In The objectives for this gonl are that. .
.
(i) the academic performance of all studenlo; at the
elemenl'lry and secondary level will increase significantly
in every quartile, and the distribution of minority students
in ench qUllrtile will more c1m;c1y renect the student. popu
lalion as a wllole; .
,..
. (ij) the percentage of all sludent8 who demonstrate
the ability· to reason, solve problems, apply knowledge,
Rnd write and communicate effectively will increase
suhstantililly;
. .
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;·
'
.
(iv) all students wit.1 have acee8s to phYSical education
and health education to ensure they are 'healthy. and lit;
. (v) the percentage of all students who are competent
in more than one langua(l: will substantiallt· increase; and
. (vi) all students will beknowledgea IC! 'about the
diverse cultural heritage oUhili Nation and about the world
community.
,
(4) TEACIIER
EDUCATION
AND PROFESSIONAL DEVELOP
MENT..
'~
. (A) B)' the year 2000, the Nation's teaching force will
Ii.ve .ecess to .programs for the conlin~ed improvement
their professional skills and the opportunity to acquire
&he knowled,e and skills needed to instruct and preplU"e
American .tudents for the next century.",
'
(B) The objectives for this goal are that
(i) .Ir te.chers. will havo aceos to preservice
te.cher education .nd continuing professional develop
ment .ctivities th.t will provide such teachers with
the knowledge .nd skills needed to teach to an increas
ingly divene .tudent popul.tion with a variety of edu·
cational, sOcial, .nd health needs:
(ii) all teachers will h.ve continuing opportunities
to acquire additional knowledge .nd .kills needed to
teach. challengin, .ubject matter .nd'to use emerging
new methods, forms of . . .ument, .nd technologies:
(iii) States .nd ac:hool dlstricla will create
integrated strategies to .Urad.. ncnait~ prepare,
retrain, and support. the continued prorea.ional devel
opment of te.chers, .dmini......tors .nd other edu·
c.ton. 10 that there i. • hlJhly talented work force
of professional educators to teach challenging subject
matter; and
.
or
.n
�,
I
Goals 2000: Educate America Act
Title II -- National Education Reform
Leadership, Standards and
Assessments
(As Amended by the Improving America's
Schools Act of 1994 and the
Omnibus Consolidated Rescissions and
Appropriations Act of 1996)
�TITLE II-NATIONAL EDUCATION RE·
FORJtl LEADERSHIP, STANDARDS, AND
ASSESSMENTS
'
PART A-NATIONAL EDUCATION'GOALs PANEL
SEC. IDI. PL'RPOSE.
It is the pu~ of this parl 10 est4blish a. biparli.san mecha·
~m~-
(1) buildiT16
.
'
a ntltioncJ con.sensUl for education improve-
I'J'U!nt;'
'
(2) reporli"6 on progress toward ochi.evir&6 the Natioru:1
Education Goal,; arad
(3) reviewir&6 the voluntary 1\4tioru:1 content standtt.rd.s arad
fJOluntary 1\4tioncJ Itudtnt perforTTJ.4nct ,tandtt.rd.s .
SEC, IOf. NATIONAL EDUCAnON GOALS PANEL.
(a) ESTABUSHMENT.-Therr is established in the t::Ucutive
branch a National Education GoaLs Panel (hereafter in this title re
ferred to as the. "Goals Panel") to aduise the PresUhnt, the Sec
retary, and the Congress.
(b) COM~SITIO..... -The Goals Panel shall be composed of J8
members (hereafter in this part referred to.as "members),
incll..lding-·
.
.
(J) 2 members appointed by thl: President;
(2) 8 members who are Gouemcrs, 3, of whom shall be from
the same political party as the President and 5 of whom shall
be from the opposite political pcrt1 of the President, appointed
bJ the Chairperson and Vice Chalrperson of the National GOl'
ernors.' Association, with the Chairperson and Vice Chairperson
each appointing representatives Of such Chairperson's or Vice
Chairperson's respective poli.tical party, in consultation with
each other;
.
(3) 4 Members of the CongI"f!SS, of whom'
(A) J member shall be appointed by the Majority Lead·
er of the Senate from among the Members of the Senate;
(B) 1 I'J'U!mber shall be appointed by the Minority Lead
er of the Senate from among the Members of the Senate;
, (C) 1 I'J'U!mber shall be appointed by the Majority Lead
er o(the House of Representatiuesfrom among.the Members
of the House of Representatives; and
(D) 1 member shall be appointed by the Minority Lead·
er of the House of Representatiues from among the Members
of the House of Representatives; and
(4) 4 I'J'U!mbers of State kgislatures appointed by the Presi·
dent of the National Con.ference of State Legislatures, of whom
2 shall be of the SQI'J'U! political party as the PraUhnt of. the
United States.
(c) SPECIA.L APPOINTMENT RULEs.
/1) IN GENEIt4.L..-The ~mbers. appointed pursuant to sub.'
.
Bectlon (b)(2) shall be appolnted as follows:
(AJ If the Chatrperson of tM National Gotlemors' Asso
ciation is from the SQ.I'J'U! political party as the President,
the Chairperson. shall appoin.t 3 indiuiduaLs and the Vice
Chairperson. of such association shall appoint 5 indil.'id·
uals.
�, (B) If the Chairperson of the National Governors' Asso~
dation is from the opposite political party as the President,
the Chairperson shall appoint 5 individtt.als and the Vice
Chairperson of such association shall appoint 3 individ
tt.als.
(2) SPECIAL RULE.-If the National Governors' Association
has appointed a panel thtU meets the requiremenU of sub
sections (b) and (C)', ucept for the requirements of)X!ragraph (4)
of subsection (b), prior to the date Of enactment Of this Act, then
the members serving on such panel shall be durned to be in
compliance with the provisions of such subsections and shall
not be required to be reappointed pursuant to such subsections.
(3) REPRESENTATlON.-To the aunt fea.sibk. 1M member
, ship of the Goal.t Panel shall be geographicolll represenkUive
, and reflect the racial, ethnic, and gender divers'9 of the' United
States.
.'
(d) TERMS.-The term.s of service of members s1uall be as foZ
lou/s:
'
(1) PRESIDENTIAL APPOINTEES.-Members appointed under
subsection (b)(l) shall serve at the pleasure of the President. .
(2) GoVERNORS.-Members appointed under paragraph (2)
of subsection (b) shall Serve for 2-year terms. e:r.cept that the ini
tial appointments under such paragraph shall be made to en·
sure staggered terms with one-half of such mem~rs' terms con
cluding every 2 years.
(3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS.
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
,(e) DATE OF APPOINTMENT.-The initial members shall be ap·
pointed not later than 60 days after the date of enactment of this
Act.
.
(f) INITLATlON.~The Goals Panel ma), begin to carry out its duo
ties under this part when 10 members of the Goals Panel have been
appointed,
.
,
'
,
(g) VACA,.VCIES.-A vacancy on the Goals Panel shall not affect
the powers of the Goal$ Panel, but shall be filled in theBame man·
ner as the original appointment.
(hi TRAVEL.-Each member ma)' be allowed travel upenses, in·
cluding per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for each da.v the member is en·
gaged in the performance of duties for the Goals Panel away frorr:
the home 0." regular place of business of the member.
.'
'W CHAJRPERSO....· .
(1) IN GENERAL.-The members shall select a Chairperson
from among the members.
'
(2) TERM AND POUTICAL AFFlUATION.-The Chairperson of
the Goals Panel shall serve a I-year term and shall alternate'
between political parties.
, .
(j) CONFUCT OF INTEREST.~A member of the Goals Panel who
is an elected official of a State which has developed content
or Itwknt pcrforman.ct stanilards may not participate
in Goals Panel consideration of such standards.
(It) Ex OFFICIO MEMBER.-If the President has not appointed
the Secretary as 1 of the 2 members the President appoints pursuant
to subsection (b)(J), then the Secretary shall serve as a nonvotlng ex
officio member of the Goals Panel:
-
2
�SEC. 103. DUTIES.
(0) IN GENERAL.-TM GaOls PaMI .hall
(1) rePort to the President, the Secretory, and the Congress
regarding the progreuthe Nation and" the States on making
toward achuving the National Education Goals established .
"nder title 1 of thu Act, includin.g issuing an annual nport;
.
(Z) nv~w uoluntGl')'· MtioMI cor&.tlnt .tond4~ G.nd uol
"nta? Mtiora.ol "udent ",rformal'lCf 1tond4~
(3) nport on ~ 01' ./f'emw actio".. lJciy toMn at
the n.ation.ol. State, and loCal kwZ.. and in 1M"publIC and pri
lIOte Bector,. to achuw the Nation.ol Education Goaz,: and
.
(4) help build a M tion wide. bipartisan C01lMMu.a for 1M
nfo,..,.,."., Mcenary to achiew tM NatlontU Education Goal•.
(b) REPORT.
(1) IN. GENERAL.-TM Goal. PaMI .hall am.uclly prepare
and submit to the Pre.ident, the &cretary. the appropriate com
mittees of Congress. and the Gouernor of each State a report
that shall
. (A) report on tM fragress of the United States toward
achieving the NatioM Education Goals: and
(B) identify actions that should be taken by Federal.
State. and local governments to enhance progress toward
achieuing the Natiora.ol Education Goals and to prolJide all
.tucients with a fair opportunity.to-karn .
(2j FORM; DATA.-&ports shall be presented in a form. and
include data. that is understandable to parents and the gen.eral
~b~
.
..
.
SEC. 204. POM"EIis OF THE GOALS PA.\·EL..
fa) HEARJ,VGS.
flJ Il,' GESERAL.-The Goals Pan.el shall. for the purpose of
ca""Jing out this part. conduct such hearings, sit and act ·at
such times and places. take' such testimonJ, and recei.'e such
el. icience, as the Gools Pan.el considers appropriate.
.
(2) REPRESE.\·TATIO.~... -ln carrying out this part, the Gools
Panel shall conduct hearings to receiue reports. uieu:s. and
analJses of a brood spectrum of e:r.perts and the public on the
establLshment of 00111. '1 to 1")' notional content· standards, vol
untary natlonol .student perfCJrmance standards.
and State assessments.
.
(b) INFORMATION.-TM Goaz, PaMI may .cun directly from
any fhpartment or 06enc;y of the United States informa.tion nec·
essary to enable the Goals Panel to carry out this part. Upon nquest
of the Chairperson of the Goals PaMi, the head. of a fhpartm.ent or
OIen.cy .hall furnish such i,nforma.tion to the Goals PaMI to the u
tent permitted by lew.
(c) POSTAL SERVICES.-TM Goals Panel may 11M the United
States mail in the same manMr and under the same conditions as
other fhpartments and agencies of the United States.
(d) USE OF FACIUTIES.-1!he Goals Panel may, with consent of
any ogene::; or instr:umento1iJy of the United States, or of any State
or political subdiuision thereof. use the research, equipment. ""-'
ices, and facilities of such OIen.cy, instrum.ento1ity, State, or subdiui·
sion, respectil.lely.
1
3
�(~) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.
(1) IN GENERAL.-'1"ht &cretll", "Mil provide to the Gooh
Panel, on a reimbursobk basis, .uch administrative support
services as the Goals Panel mlJy rrqunt.
(2) CONTRACTS AND OTHER ARRANGEMENTS.-The Sec
retary, to the aunt opproprio~, and on a reimbursable ba.sis,
. shall make contracts and other arrangements that are requested
by the Goals Panel to help the Goals Panel compile and analyze
data or carry out other fimctions necessary to the performlJnce
of such responsibilities.
SEC. IDS. ADMINISTRATIVE PROVISIONS.
(a) MEETINGs.-The Goals Panel shall meet on a regular ba.sis,
as necessary, at the call of the Chairperson of the Goals Panel or
.
a majority of its members.
(bj QUORUM.-A mlJjority of the members shall constitute a
qu.orum for the transaction of business.
(c) VOTING AND FINAL DECISION.
(1) VOTING.-No individual may vote, or e:urcise any of the
powers of a member, by prory.
(2) FU'AL DECISIONS.
.
(A).In making final decisions of the Goals Panel with
. respect to the e:urcise orits duties and powers the Goals
Panel shall operate on the principle of consensus among the
members of the Goals Panel.
(B.I 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 e:urcise 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 a nd voting.
.
fd/ Pl."8Lle ACCESS.-The Goals Panel shall ensure public ac
CfE::: to its proceedings (other than proceedings, or portions of pro
ceedings. relating to internal personnel and management mattersj
and make available to the public, at reasonable cost, transcripts of
such proceedings
SEC. 206. DIRECTOR AND STAFFj EXPERTS AND CONSULTANTS.
(a) DIRECTOR.-The Chairperson ofthe Goals Panel, without re
gard to the provisions of title 5, United States Code, relating to the
appointment and compensation of officers or employees of the Unit
ed States, shall appoint a Director to be paid at a rate not to uceed
the raU! of basic pay payable for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF EMPLOYEES.
(1) IN GENERAL.--(A) The Director may appoint not more
than 4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States Code,
.
governing appointments in the competitive service.
(B) The employees appointed under subparagraph (AJ may
be paid without regard to the provisions of chapter 51 and sub
chapter III of chap~r 53 of that title relating to classification
and General Schedule pay rates, but shall not be paid a ra~ .
. that uceeds the mIlZimum ra~of ba.sic pay payable for GS-15
of the General Schedule.
(2) ADDITIONAL EMPLOYEES.-The Director may appoint ad
ditional employees to serve as stllff to the Goals Panel in ac
.'.
cordance with title 5, Uni.ted Sta~s Code.
- 4
�.
(c) ExPERTS AND CONSULTAJfTS.-'I'M Goah PaMI mo.y' procun
umporary and inurmitunt services of experts and consultants
under sectwn 3109(b) oftitle 5, United States COtk. .
'. (d) STAFF OF FEDERAL AGENC1ES.-Upon the reqrust of the
Goals Panel, tlu! head of any ckportment or agen.cy of the United
States '1MY detail any of the personnel of such agency to the Goals
Panel to assist the Goals PaMI in. its duties unckr this port.
SEC. J07. EARLY CHILDHOOD ASSESSMENT.
(0) IN GENERAL.-'I'M Goals PaMl sMIl support the work ofils
Resource and Technical Planning Groups on School ReodiMSS
(hereafter in this sectwn nfen-ed to as the -Groups·) to improve the
methods of assessing the reodiMSS of childnn for school tMt would
lead to .alternatives to cun-ently used early childhood assessments.
(b) ACTNlT1ES.-The Groups sMll
(1) develop a model Of elements of school readiness tMt ad- .
dress a brood range of early childhood developmental needs, in-.
cluding the Meds ofchildren with disabilities;
(2) create clear guidelines regarding the nature, functions,
and uSes of early childhood assessments, including assessment
formats that are appropriate for use in culturally and linguis
tically diverse communities, based on model elements of school
readiness;
(3) monitor and evaluate early childhood assessments, in
cluding the ability of existing assessments to provide valid in
formation on the readiness of children for school; and
(4) monitor and report on the long-term collection of data
on the status of young children to improve policy and practice,
inCluding the need for new sources of data necessary to assess
tlu! broad range of early childhood developmental needs.
(c) ADV7CE.-The Groups shall advise and assist the Congress,
the Secretar),. the Goals Panel, and others regarding how to im
proue the assessment of young childr:en and how such assessments
can improlie services to children.
.
(d) REPORT.-The Goals Panel sMil provide. reports on tlu!
. work of the Groups to tlu! appropriate committees of the Congress.
the Secretary, and tlu! public.
PART B-LEADERSHIP IN EDUCATIONAL
TECHNOLOGY
"
SBC. J.S.1. OFFICE OF EDUCATIONAL TECHNOLOGY. .
. (a) AMENDMENT
THE DEPARTMENT OF EDUCATION ORGANI·
ZATION ACT.-Title II of the Deportment of Education Organization
Act (20 U.s.c. 3411 etseq.) is amenckd by adding at the end the
following new sectwn:
.
.
ro
"OFFICE OF EDUCATIONAL TECHNOLOGY
"SEC. 216. (a) Then sMIl be in the Deportmento( Education
an Office of Educatwnal Technology (hereafter in this section re
fernd to as the 'O{ficl!'), to be odmin.istend by thf Dir~tor of Edu
cational Technology. The Director of Educational Tech~' shall
report directly to the Secntary and SMU perform such atfditional
{unctions as the Secreta,ry 1My prucribe.
.'
•
-.5
�II
"
-(b) The Director orlM ~
:c:u
.
in this section referred to
C8
of Educational Technology (hen·
1M 'Dinctor). through 1M Offi«.
c(1) in support of tM overall1UJtional technology policy amI
in consultation with otMr Federal cUpartments or ageru:ies
which tM Director cUtermines appropriate. provide leackrshtp
to 1M Nation in 1M use of technOlogy to· promote achievement .
of 1M Natio1UJ1 Educetion Goals and to iru:rea.se opportunities
for all stlUknts to achieve Stote content and cla.cJllcnging State
stucknt performance .ta.nd4rds;
..
-(2) review all protf1'OmB and training furu:tionl adminis
tered by tM De~rtment and recommend Policies in OTcUr to
promote i7K:na.sed use of technology and technology planning
thro~hout all such p~mB and furu:tions;·
.
-(3) nview all releoont programs supported by the Depart
ment to ensun th.o.t such programs are coordinated with and
support the 1UJtional 10n(·range technologyy'lan ckveloped pur
suant to section 232(b) Of the Goals 2000: Educete America Act;
and
.
. . . .
-(4) perform such additional {unctions as the Secretary may
require.
"(c) The Director is authorized to select, appoint, and employ
such officers and employees as rna}' be necessary to carT)' out the
functions of the Office, subject to the provisions of title 5, United
States Code (governing appointments in the competitive service).
and the proL'isio7lS of chapter 51 and subchapter III of chapter 53
of such title (relating to classification and General Schedule pay
raies).
.
'YdJ The Secretary may obtain the services of uperts and con·
sultants in accordance with section 3109 of title 5, United States
Code. ". .
.
.
(b) COMPENSATION OF THE DIRECTOR.-Section5315 of title 5, .
United States Code, is amended b~ adding at the end the following:
"Director of the Office of Educational Technology. ".
SEC. 236: OFFICB OF TRAINING TECHNOLOGY 'TR..It.J\'SF£1t
(a) TRANSFER.
(1) IN GENERAI--1'he ()ffict! of'I'Taining TechnoLogy.Trans
fer as establi.shed under section 6103 of the Training Tech
rwlog)' Transfer' Act of 1988 (20 U.S.C. 5093) is transferred to
and established in the Office of Educational Technology.
(2) TECHNICAL AlrIENDMENT.-The first sentence of section
6103(0.) of the Training Technology Transfer Act of 1988 (20
U.s.C 5093(0)) is amended by striking "Office of Educetional
Research and Improvement" and inserting "Office of Edu·
cational Technology".
PART C-AUTHORIZATION OF
APPROPRIATIONS
SEC. Ul. AUTBOB.IZA710N OF APPROPR1A710NS.
Then an authorized
to be appropriated 13.000,000 for fiscal year 1994, and .uch sums
as rna)' be: necessary for each of.the four 8ucceeding fiscal years, to
carry out part A of thi.s title.
- 6
�
Dublin Core
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Title
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Michael Cohen - Subject Series
Creator
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Domestic Policy Council
Michael Cohen
Is Part Of
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<a href="http://clinton.presidentiallibraries.us/items/show/36062">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763316" target="_blank">National Archives Catalog Description</a>
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2012-0160-S
Description
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<p>Michael Cohen held the position of Special Assistant to the President for Education Policy within the Domestic Policy Council from 1996 to 1999. Prior to being detailed to the White House, he served as Senior Advisor to the Secretary of Education.</p>
<p>This series of Subject Files contains materials relating to education reform, the Goals 2000: Educate America Act (1994), America Reads initiative, bi-lingual education and the ballot initiative in California which proposed to eliminate bi-lingual instruction and limit the amount of time for bi-lingual students to transition to English only, test standards, teachers, tribal schools, school safety and school violence. The records include correspondence, reports, faxes, emails, handwritten notes, schedules, publications, and memoranda.</p>
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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318 folders in 24 boxes
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Goals 2000 Act [2]
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Domestic Policy Council
Michael Cohen
Subject Files
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2012-0160-S
Is Part Of
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Box 8
<a href="http://clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2012-0160-S-Cohen.pdf" target="_blank">Collection Finding Aid</a>
<a href="https://catalog.archives.gov/id/7763316" target="_blank">National Archives Catalog Description</a>
Provenance
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Clinton Presidential Records: White House Staff and Office Files
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8/12/2013
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2012-0160-S-goals-2000-act-2
7763316