-
https://clinton.presidentiallibraries.us/files/original/f243e76a3f02ed89313e80cf1d829491.pdf
3b9f7fd29aba2b4692077f2c3ce3a80a
PDF Text
Text
,
,.,\
ELEMENTARY AND SECONDARY·
EDUCATION ACT OF 1965
TITLE III-TECHNOLOGY FOR'
EDUCATION
SHOWING CHANGES PROp·OSED BY .
PRESIDENT CLINTON'S
EDUCATIONAL EXCELLENCE FOR ALL·
CHILDREN ACT OF 1999
�TITLE III - TECHNOLOGY FOR EDUCATION
Sec.
Sec.
Sec.
Sec.
3001.
3002.
3003.
3004.
Short title.
Findings.
Statement of purpose.
Supplement, not supplant.
PART A - FEDERAL LEADERSHIP AND NATIONAL ACTIVITIES
Sec.
Sec.
Sec.
Sec.
3101.
3102.
3103.
3104.
National evaluation of education technology.
National long-range technology plan.
Federal leadership.
Authorization of appropriations.
PART B - SPECIAL PROJECTS
SUBPART 1 - NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS
Sec.
Sec.
Sec.
Sec.
Sec.
3211.
3212.
3213.
3214.
3215:
Purpose; program authority.
Eligibility.
Uses of funds.
Evaluation.
Authorization of appropriations.
SUBPART 2 - READY-TO-LEARN DIGITAL TELEVISION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
. Sec.
3221.
3222.
3223.
3224.
3225.
3226.
3227.
3228.
Ready-to-Iearn.
Educational programming.
Duties of Secretary.
Applications.
Reports and evaluation.
Administrative costs.
Definition.
Authorization of appropriations .
�SUBPART 3 - TELECOMMUNICATIONS PROGRAM FOR PROFESSIONAL DEVELOPMENT IN THE CORE CONTENT AREAS
Sec. 3231.
Sec. 3232.
Sec. 3233.
Purpose; program authority.
Application required.
Authorization of appropriations.
SUBPART 4 - COMMUNITY TECHNOLOGY CENTERS
Sec.
Sec.
Sec.
Sec.
3241.
3242.
3243.
3244.
Purpose; program authority.
Eligibility and application requirements.
Uses of funds.
Authorization of appropriations.
PART C - PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY
Sec.
Sec.
Sec.
Sec.
3301.
3302.
3303.
3304.
Purpose; program authority.
Eligibility.
Uses of funds.
Authorization of appropriations.
PART D - REGIONAL, STATE, AND LOCAL EDUCATIONAL TECHNOLOGY RESOURCES
SUBPART 1 - TECHNOLOGY LITERACY CHALLENGE FUND
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
3411.
3412.
3413.
3414.
3415.
3416.
3417.
3418.
Purpose.
Allotment and reallotment.
Technology literacy challenge fund.
State application.
Local uses of funds.
Local applications.
Definitions.
Authorization of appropriations.
�SUBPART 2 - REGIONAL TECHNOLOGY IN EDUCATION CONSORTIA
Sec. 3421.
Sec. 3422.
Regional technical support and professional development.
Authorization of appropriations.
�(i)
S
TITLE ill-TECHNOLOGY FOR
EDUCATION
,
~
SEC.
ti'a. [20 usc. 6801] SHORT TITLE.
This title may be cited as the "'Technology for Education Act
"
.
(!f 199J'.
v,
S "t:ARTA-TEeI~~DUCATION OF
~"Congress finds that
usc.
The
[20
6811] FINDINGS.
~oIogy can pIG
,
,
~)
the uSe of technology as a tool in the teaching and'
is esSential to the development and mainte
nance of a technologically literate citizenry and an internation
ally competitive workforce;
~leaniing process
(4)
~ tBe ~itieB aBEl use af tE;~e~egy iB eElaeatieB
t the Umted States has been lnhiblted by.
(A
absence of Federal leadership'
(B) the'
ility of many State and'loeal educational
.
, V •
d
rt
d d elm I . .
agenaea to lD: .
0 ogles,
an suppo nee, e te
(C) the limited
sure ofstudent8 and teachers to
cost-effective tool to improve
the power of technology
t;
student learning and achieve
. (D) the ,lack of appropriate
connections in the classroom' and
• •
• • '.
.
(E) the limited aV811ability of appropn
technologyevelop
enhanced curriculum, instruction,profession
~ent. and administrative support resources and s
(9)
~
policiea at the Federal, State, and local levels concern
"(I)
technology can
"(A)
support education improvement efforts
by e~anding available resources and reshaping instruction.
teach~ng. and learning environments; and
"(B) when used effectively and aligned with
challenging State academic content and performance
standards. support teacher capacity to create classrooms
~here st~dents develop higher-order thinking and
1nformat10n technolOgy skills~
~
"(2)
the cost of processing. storing. and
transmitting information continues to plummet. making new
advances in computer and telecommunications technology more
available to schools;
'(3) by providing students with a rapidly
expanding educational resource base. and a unique means of
developing content knowledge. improvements in software and
other technology applications (such as high-quality video.
voice recognition. modeling and simulation. and intelligent
tutoring and virtual reality tools). have increased student
opportunities for meaningful exploration and discovery;
~ . (5)
the Federal Government
lJas played an integral role in
expanding and improving access to technology as an
important tool for teaching a~d learning; and
.
. (8) can cont1nue to serve as. a catalyst J.n
bringing effective uses for education technology to the
classroom by providing support for
. "(i) access to technology;
. (iiI the development of educational
software and web-bas;d, ~~arning r~sources: ,and,
,
,
, ( u 1 1 sustuned and 1ntenS1ve. h1gh
qual1 ty profess10nal development that 1S alJ.gned WJ. th
challenging State academic content and performance
standards;
.M.
. (A)
"'J4(
f' /,A
ing technology in education must address disparities in the
availability of technology to different groups of students, give
priority to serving students in greatest need, and recognize
that educational telecommunications and technology can ad·
dress educational equalization concerns and school restructur
ing needs by providing universal' access to high-quality teach
ing and p~grams, p~cularly in urban and n:rral areas;
~ol"
i(IJU?)
�@;
(6) poor children are less likely than their
wealthier peers to have access to a computer at home, and
to attend a school in which teachers use technology to
develop technical and higher-order thinking skillsi
(7) public schools have made significant
progress toward meeting the goal of connecting every school
to the Internet, with the percentage of schools that are
connected to the Internet increasing from 35 percent in
1994 to 89 percent in 1998 and nearly doubling between 1997
and 1998, but a gap continues to exist between wealthy and
poor schools in the extent to which classrooms are
connected to the Internet and the manner in which
technology is used to support instruction;
(8) the E-Rate and other Federal education
technology initiatives are significantly increasing the
number of classrooms connected to the Internet and
providing affordable access to advanced telecommunications;,
[lew"
1i;
f.
1]
3001-((,,)
C8)
�commuruca
stems in business has, increased the gap be
tween schooling an
preparation, and underscores
the need for technology policies a
ederal. State, tribal,
l-to-work
and local levels that address preparation 0
(15)
f
EO: .
(8) schools need new ways of financing the ~~Biti
m~t;e~of educational
technology;
.
~~4eetis fer eti&:eatieaal te8lmelegy Qift"er ti:om .State
(17)
®
I
(&+ technology can enhance the ongoing professional devel
opment of teachers and administrators by providing constant
access to updated research in teaching and learning by means
of telecommunications, and, through exposure to technology
advancements, keep teachers and administrators excited and·
knowledgeable about unfo~ding opportunities for the c~assroo.m;
CflIE!l"l'.....anequately trained in the use of technology, can re
shape our a' , traditional method of providing education
and empower teachers
ate an environment in which stu
dents are challenged through
s, rich classroom instruc
t's learning style,
tion provided at a pace suited to eacli s
~d in which s~d~nts have in~ased .opport
.
.develop
(16)
(10) a 1996 Department of Commerce study found
that, by the year 2000, 60 percent of all jobs will require
computer-related skills. and other studies show that women
and some minorities are underrepresented in the information
technology workforce; ~
~ technology. can
provide students, parents, teachers,
professionals, communities, and industry with
increased opportunities for partnerships and with increased ac
cess to information, instruction, and educational services in
schools and other settings, including homes, libraries, pre
school and child-care facilities, adult and family education pro
grams, and postsecondary institutions;
.
~epaI bn~~tt e~~is~ftt _wi~ ,the e
o~ucation
"(11) because girls of all ethnicities
consistently rate themselves significantly lower than boys
on computer ability, and are less likely to experiment with
technology and enroll in advanced computer science courses,
the Federal Government should encourage States, local
educational agencies, and teachers to consider the needs of
girls and women to obtain technical proficiency, so that
they can compete in an increasingly technological society;
"(12) the Federal Government should support
efforts to ensure the accessibility of all educational
technology, not just assistive technology, to students with
disabilities through strategies such as universal design;
"(13) although 25 States have some requirement
for computer education for teacher licensure, only two
States require teacher candidates to show that they can use
technology. and only three States require participation in
technology training, as a prerequisite for license renewal;
"(14)
according to a 1998 National Center for
Education Statistics survey, only 20 percent of full-time
K-12 teachers feel fully prepared to integrate technology
into classroom instruction;
acquisition, maintenance, and ongoing support
(,,)
f
(19)
I---------------------~~
"(141
the rapidly changing nature of technology,
among other factors, requires the Department to maintain a
leadership role in developing a national vision and
strategies for bringing effective technology applications
and practices to all classrooms and all educational
programs through such activities as
"(A) developing and carrying out a strategy
for an ongoing evaluation of existing and anticipated
future uses of educational technology to better inform the
Federal role in supporting the use of educational
technology, stimulate reform and innovation in teaching and
learning with t~chnology, and further the development of
advanced technology;
"(B)
evaluating and assessing technology
programs;
.". (C)
disseminating information;
"(D)
coordinating with public and private
partnerships; and
"(E)
convening expert panels to identify
effective uses of educational teChnOlO~
~tAU( it "r;jJ ~
~Z,(I(}) -
Qq)
!
�3003
.('he purpose of this part is to support a comprehensive system
for le acquisition and use by elementary and secondary schools in
the nited States of technology and technology-enhanced curricula,
insb u 'on, and administrative support resources and services to
imp! ov the delivery of educational services, Such system shall in
cludll-
( national leadership with respect to the need for, and
the p rision of, appropriate technology-enhanced curriculum,
instruc n, and administrative progrnms to improve learning
in the U 'ted States, and to promote equal access for all stu
dents to e ucational opportunities in order to achieve the Na
tional Edu .on Q)als by the year 2000;
(2) fun g mechanisms· which will support the develop
ment, interco ection, implementation, improvement, and
maintenance 0
effective educational technology infrastruc
ture, including tivities undertaken by State and local edu
cational agencies
promote and lrovide equipment, training
for teachers and se I library an media personnel, and tech
nical support;
(3) support for
'cal assistance, professional develop
ment, information and source dissemination, in order to help
States, local educational encies, teachers, school library and
media personnel, and a inistrators successfully integrate
technology into kinderg
n through 12th grade classrooms
and lihrary media centers;
(4) support for the develo ent of educational and instruc
tional programming in core su 'ect areas, which shall address
the National Education Q)als;
(5) strengthening and buildi
upo. n, btit not duplicating,
ctures dedicated to edu
e:xi~ting telecommunications infr,
cational purposes;
.
(6) development and evaluation ~ew and emerging edu
cational technolo,pes, telecommuniaiti
networks, and state
of-the-arl educational technology prod ets that promote the
use of advanced technologies in the cl room and school li
brary media center;
(7) assessment data regarding state-of
nologiesin United States education upon ~'ch commercial
and noncommercial telecommunications enti s, and govern
ments can rely for decisionmaking about the n d for, and pro-:
vision of, appropriate technologies for education' the United
States;
(8) ensuring that uses of educational technolo are con
sistent with the overall national technology policy e tablished
by the President, and ensuring that Federal technolo -related
policies and· progrnms will facilitate the use of techn ogy in
education;
(9) ensuring that activities supported under this p
will
form the basis for sound State and local decisions about in st
ing in, sustaining, and expanding uses of technology in edu
cation;
~
"STATEMENT OF PURPOSE
"SEC.~.
To help all students to develop technical
and higher-order thinking Skills and to achieve to
®
challenging State academic content and performance
as well as America's Education Goals. it is the
purpose of this title to
"(I) help provide. all classrooms with access to
educational technOLOgy through support· for the acquisition
of advanced multimedia computers. Internet connections. and
other technologies;
.
"(2) help ensure access to. and effective use
of. educational technology in all classrooms through the
provision of sustained and intensive. high-quality
professional development that improves teachers' capability
to integrate educational technology effectively into their
classrooms by actively engaging students and teachers in
the use of technology;
"(3) help improve the capability of teachers to
design and construct new learning experiences using
technology. and actively engage students in that design and
construction;
'(4)
support efforts by State educational
agencies and local educational agencies to create learning
environments designed to prepare students to achieve to
challenging State academic content and performance
standards through the use of research-based teaching
practices and advanced technologies;
"(5) support technical assistance to State
educational agencies. local educational agencies. and
communities to help them use technology-based resources and
information systems to support school reform and meet the
needs of students and teachers;
'(6)
support the development of applications
that make use of such technologies as advanced
telecommunications. hand-held devices. web-based learning
resources. distance learning networks. and modeling and
simulation software;
"(7) support Federal partnerships with business
and industry to realize more rapidly the potential of
digital communications to expand the scope of. and
opportunities for. learning;
"(8) support evaluation and research on the
effective use of technology in preparing all students to
achieve to challenging State academic content and
performance standards. and the impact of technology on
teaching and learning;
"(9) provide national leadership to stimulate
and coordinate public and private efforts. at the national.
State. and local levels. that support the development and
~tandards,
integration of advanced technologies and applications to
improve schoo: planning and classroom instruction;
"(LO)
support the development. or redesign. of
teacher preparation programs to enable prospective teachers
to integrate the use of technol,.:.gy in teaching and
learning;
• (11) increase the capacity of State and local
educatior.al agencies to improve student achievement.
particularly that of students in high-poverty, low
performing schools;
J«;3l. /)
(If)
�£1(" ..",t",hli..hin'"
mnrlcin
iIite~p~rability nati~-;~de and ease of access for th~rging
technologies so that no school system will be exclutled from the
technological revolution;
advances are made,
(11) ensuring that, as techno
the educational uses of the
vances are considered and
their applications are de
ped; and
(12) enco
t of collaborative relationships among
the State
. or higher education, t..'le State library admin
istrativ
ency, the State telecommunications agency, and the
S
educational agency, in the area of technology support to
strengthen the system of education.
. J ~,,,,,.'/
·F~;;;;;=s"~ft.hi~ titi;.:"'''·~~
(1) the tenn
~_.J
®
~(1~
oad'JI=on- has the samebeaninggiven
ch term by sectio~~ of the Adult Education~ct;
(2) the term "all students" means studentS from a broad
ran e of backgrounds and circumstances, including disadvan
tage students, students with diverse racial, ethnic, and cul
tural
ckgrounds, students with disabilities, students with
,limited nglish proficiency, students who have dropped out of
school, an academically talented students;
(3) the rm "information infrastructure" means a network
of communi tion systems designed to exchange information
among all ciw:
and residents of the United States;
(4) the te
"instructional programming" means the full
range of audio
d video data, text, graphics, or additional
state-of-the-art co
unications, including multimedia based
resources distribute through interactive, command and con
for the purpose of education and in
trol, or passive meth
struction;
,
(5) the terms "intero rable" and "interoperability" mean
the ability 'to exchange e . y data with, and connect to, other
hardware and software in 0
sibility for all students and o~r users;
(6) the term "Office" means\the Office of Educational Tech
nology;
,
(7) the term "public teleco~unications entity" has the
same meaning given to such term\Qy section 397( 12) of the
Communications Act of 1934;
(8) the term "regional educational
gional educational laboratory supported ~der section 941(h) of
the Educational, Research, Development,
Improvement Act of 1994;
(9) the term "State educational agency" . cludes the Bu
reau of Indian Affairs for purposes of serving s ools funded by
the Bureau of Indjan Affairs in accordance with .s part;
(10) the term "State library administrative ag cy" has the
same meaning given to such term in section 3 of e Library
Services and Construction Act; ,and
,
(11) the term "technology" means state-of-the
nology products and services, such as closed circuit tele
systems, educational television and radio programs and
ices, cable television, satellite, copper and fiber optic tr
mission, computer hardware and software, video_ and audio
,....T\ nr'lllA'
__ .J
__ .J _ .. .J:_
___
1~~~_
"(12)
promote the formation of partnerships and
consortia to stimulate the development of, and new uses
for, technology in teaching and learning;
"(13)
support the creation or expansion of
community technology centers that will provide '
disadvantaged residents of economically distressed urban
and rural communities with access to information technology
and related training; and
"(14)
help to ensure that technology is
accessible to, and usable by, all students, particularly
students with disabilities or limited English
proficiency.
.J:_~~
.-=.J_~
~
(3
'\
"SEC.~.
"SUPPLEMENT,
NOT SUPPLANT
A recipient of funds awarded under this
title s,hall use such funds only to supplement the amount of
funds or resources that would, in the absence of such
Federal funds, be made available from non-Federal sources
for the purposes of the programs authorized under this
title, and not to supplant such non-Federal funds or
resources.
a003..(/~)
~(lYf
�@
FUNDING RULE.
(a) AtrI'HORlZATION OF A,pPROPRIATIONS.
(1) SUBPARTS 1, 2, AND 3.-There are authorized to be ap
,priabd $200,000,000 for fiscal year 1995 and such sums, as
be necessary for each of the four succeeding fiscal years
,out subparts 1, 2, and 3, of which'
(AXi) $3,000,000 shall be available to carry out sub
1 <National Programs for Technology in Education)
.
for
i such year for which the amount appropriated
unde this subsection is less than $75,000,000; and
(iiJ 5,000,000 shall be available to carry out subpart
1 for an . such year for which the amount appropriated
under
subsecC')n is equal to or greater than
$75,000,00 .
.
(B) $10, 0,000 shall be available to carry out subpart
3 (Regional· chnical Support and Professional Develop
ment) for each ch year; and
(C) the rem 'nder shall be available to carry out sub
part 2 (State an Local Programs for School Technology
Resources) for each uch year.
,
. (2) SUBPART .c.-For. e purpose of carrying out subpart 4,
there are authorized to
appropriated $50,000,000 for fiscal
year 1995 and such sums
may be necessary for each of the
four succeeding fiscal years.
II
(b) FuNDING RULE.
(1) APPRoPRIATIONS OF
THAN $75,ooo,ooo.-For any fis
cal year for which the amount a propriated under subsection
(aXl) is less than $75,000,OOU,
m the remaipder of funds
made available under subsection (a I)(C) the Secretary shall
award grants for the National Challe e Grants in accordance
with section 3136.
(2) APPRoPRIATIONS EQUAL TO OR GREATER THAN
$75,ooo.ooo.-For any fiscal year for whic the amount appro
priated under subsection (aXI) is equal
or greater than
$75,000,000. from the remainder of fun
made available
under subsection (aXIXC) the Secretary s
ward grants to
State educational agencies from allotments un r section 3131,
except that the Secretary may reserve, from s h remainder,
such funds as the Secretary determines necessary
meet out
standing obligations for such fiscal year to contin e the Na
tional Challenge Grants for Technology awarded un r section
3136.
'
SEC. 3115. (20 USc. 6815) LIMlTA110N ON COSTS.
Not more than 5 percent of the funds under this part th
made available to a recipient of funds under this part for any cal
y«;lar ma>: be used by such recipient for administrative costs or te •
[tvtlfettt
~11c{.;,
3/{~
�&tbp~l-NatHms:J...Ppegrams fer TeeADology ia
Eciueatie" '
s ~
SEC.
©
'PART A -
,
later than
after the date of the enactment-of the Im
proving America's Schoo s
1994, and update when the Sec
retary determines a~propriate, a natio.
-rangE! plan that sup
ports the oyerall national ,.technology policy and
t the pur
~ftEJ
. ~"A
the
4
1. [20 U.s.c. 6831] NATIONAL LONG-RANGE TECHNOLOGY
PLAN.'
FEDERAL LEADERSHIP AND NATIONAL ACTIVITIES
• (a) 'IN GENERAL. Not later than one year after
date of enactment of the Educational Excellence for All
Children Act of 1999. the Secretary shall update the
national long-range educational technology plan and broadly
disseminate the updated plan.
(b) PLAN REQUIREMENTS.-The Secretary shall
(1) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in tech
nology and the applications of technol01;Y to education, rep
resentatives' of distance learning consortia, representatives of
telecommunications partnerships receiving assistance under
the Star Schools Act, and providers of technology services and
products;
,
(2) transmit such plan to the President and to the appro
priate committees of the Congress; and
(3) publish such plan in a form that is readily accessible
to the public.
(c) CONTENTS OF THE PLAN.---,.The "national long-range plan
shall describe the Secretary's activities to promote the purposes of
)
this title, including
(1) how the Secretary will encourage the effective\.lSe of
technology to provide all students the opportunity to achieve
State content standards and State student performance stand
ards, especially, through programs administered by the Depart
ment;
(2) joint activities in support of the overall national tech
nology policy with other Federal departments or agencies, such
as the Office of Science and Technology Policy, the National
Endowment for the Humanities, the National Endowment for
the Arts, the National Institute for Literacy. the National Aer
onautiCs and Space Administration. the National Science Foun
dation, the Burea~ of Indian Affairs. and the Departments of
Commerce. Energy. Health and Human Services, and Labor
(A) to promote the use of technology in education,
training. and lifelong learning. including plans for the edu
catioD.al uses of a national information infrastructure; and
(B) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes. to the extent feasible;
(3) how the Secretary will work with educators. State and
local educational agencies, and appropriate representatives of
the private sector to facilitate_ the effective use of technology in
education;
(4) how the Secretary will promote-
updated
J./O/~
JIO't( C'f-tl-)
~)
~)
�"N~
EVALUATION OF EDUCATION TECHNOLOGY
"SEC.~ (a)
NATIONAL EVALUATION.-(l)
IN GENERAL.
In order to better inform the Federal role in supporting
the use of educational technology, in stimulating reform
and innovation in teaching and learning with technology.
and in advancing the development of more advanced and new
types and applications of such technology. the Secretary
9
shall
"(A) develop, within l2·months of tht date
of enactment of the Educational Excellence for All Children
Act of 1999. a strategy for an ongoing evaluation of
existing and anticipated future uses of educational
technology; and
"(B)
carry out such an evaluation.
"(2)
ACTIVITIES AUTHORIZED.
From th~ funds
reserved under subsection (b). the Secretary may
"(A) conduct long-term controlled studies
on the effectiveness 'of the uses of educational technology;
'(B)
convene panels of experts te
"(i)
identify uses of educational
technology that hold the greatest promise for improving
teaching and learning;
"(iiI assist the Secretary with the
review and assessment of the progress and effectiveness of
projects that are funded under this title; and
'(iii)
identify barriers to the
commercial development of effective. high-quality, cost
competitive educational technology and software;
'(Cl
conduct evaluations and applied
research studies that examine
'(i)
how students learn using
educational technology. whether singly or in groups, and
across age groups, student populations (including students
with special needs. such as students with limited English
proficiency and students with disabilities) and settings;
and
"(ii)
the characteristics of
classrooms and other educational settings that use
educational technology effectively;
"(D)
COllaborate with other Federal
agencies that support research on. and evaluation of. the
use of network technology in educational settings; and
"(E) carry out such other activities as the
Secretary determines appropriate.
"(b) AVAILABILITY OF TITLE III FONDS FOR EVALUATION.
Notwithstanding any other provision of this title. the
Secretary may use up to 4 percent of the funds appropriated
to carry out this title for any fiscal year to carry out
the activities described in subsection (a) for that fiscal
year.
fletUA. 'til ,. 'J
:fl()!
�(A) higher achievement of all students through the in
tegration of technology into the curriculum;
(B) increased access to the benefits of technology for
teaching and learning for schools with a high number or
percentage of children from low-income families;
(C) the use of ,technology to assist in the implementa
tion of State systemic reform strategies;
(D) the application of technological advances to use in
education;
(E) increased access to high quality adult and family
education services through the use of technology for in
struction and professional development; and
, (F) increased opportunities for the professional devel
opment of teachers in the use of new technologies;
(5) how the Secretary will determine, in consultation with
appropriate indiViduals, organizations, industries, and agen
cies, the feasibility and desirability of establishing guidelines
to facilitate an easy exchange of data and effective use of tech
nology in education;
(6) how the Secretary will promote the exchange of infor
mation among States, local educational agencies, schools, con
sortia, and other entities concerning the effective use of tech
9
nology in education; ..
( ) <:
(T) how the Secretary will utilize the outcomes of the eval
uation UDde~en pursuant to i.eGtiQB 3121. to promote the .".
(10) \' purposes of this part; pa
.
<.
(8) the Secretary's lOng-range measurable goals and objec
, ~'ves H ."... to the purposes of this Part,
rela
t....
.
""""'ti
'T------->~
II
~
"(7) how the Secretary will promote the full
integration of technology into learning, including the
creation of new instructional opportunities through access
to challenging courses and information that would otherwise
not have been available, and independent learning
opportunities for students through technology;
"(8) how the Secretary will encourage the
creation of opportunities for teachers to develop, through
the use of technology. their own networks and resources for
sustained and intensive, high-quality professional
development;
section 3101
~
; and
t:::1
SEC
~
a
ship in promoting the use of technology in education, the Secretary,
in consultation with the National Science Foundation, the Depart
ment of Commerce, the El:nited States ~l8:tisB8l Cefft'lB!ssiss as Li
bP81'iee aDa IafalmatiOD Sc:iegce!l and other appropriate Federal
agencies,may- carry out activities liesigned to achieve the purposes
of this part directly or by awarding grants or contracts competi
tively and pursuant to a peer review process to, or entering into
contracts with" State educational agencies, local educational agen
cies, institutions of higher education, or other public and private
nonprofit or for-profit agencies and organizations.
.
(20 USc. 6832] FEDERAL LEADERSIDP.
RAM AtrnlORlZED.-In order to provide Federal leader
(j)
_______
">
, . (11 )
how the Secreta,:y wil:
encour~ge the
commer~l.~l develop~ent of effectl.ve. hl.gh-quallty. cost
competl.tl.ve educatl.onal technology and software.
white House Office of Science and Technology Policy,
(b) AssISTANCE.'
(1) IN GENERAL.-The Secretary shall provide assistance to
the States to enable such States to plan effectivelY for the use
of technology in all schools throughout the State 6.B 8:eeep6BBee ).
""iUl Ule pwpose and leqmlements of section 317 sf the Gaels
v
9000, KSQeate America Ae£J
(2) OnmR FEDERAL A"6ENCIES.-For the purpose of carry
ing out coordinated or joint activities consistent with the pur
poses of this part, the Secretary may accept funds from. and
transfer funds to, other Federal agencies.
(c) USES OF FuNDs.-The Secretary shall use funds made avail
able to carry out this section for activities designed to carry out the
purpose of this part, such as'
}/O 2(GIL/.XA~~~) ..
gIO~(c.)
~-
�(l)
(1) providing assistance to technical assistance providers to
enable such providers to improve substantially the services
such providers offer to educators regarding the uses of tech
nology for education, including professional development;
(2) providing development grants to technical assistance
providers, to enable such providers to improve substantially
the services such providers offer to· educators on. the edu
cational uses of technology, including professional develop
m~nt;
II
(3) consulting with representatives of industry, elementary .
and secondary education,' higher education, adult and family
education, and appropriate experts in technology and. edu
cational applications of technology in carrying out activities
under this sub art;
:
information on ~ed_el~m~tofa~ti=al ~paitoryof
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ -(4) the effective uses of educational intensive.
technology, including its use fo. sustained and
.
•
(5) research on, and the development of, applications for
education of the most advanced and newly emerging tech
nologies which research shall be coordinated, when appro
priate, with the Office of Educational Research and Improve
ment, and other Federal agencies;
.
(6) the development, demonstration, and evaluation of the
educational aspects of high performance computing and com
munications technologies anc! of the national information infra
structure, in providing professional development for teachers,
school librarians, and other educators; enriching academic cur·
ricula for elementary and secondary schools; facilitating com
munications among schools, local educational agencies, librar
ies, parents, and lOcal communities and in other such areas as
the Secretary deems appropriate;
(7) the development, demonstration, and evaluation of ap
plications of {xistirJ:g ~c:ftftel~ in preschool education. elementary and secondary education, training and lifelong fearn
ing, and professional development of educational personnel;
(8) .the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achievt('the Na
tional Education GoalslState content standards and State stu
dent performance stamfards;.
(9) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel to
use technology effectively to improve teaching and learning;
(10) the development of model programs that demonstrate
the educational effectiveness of technology in urban and rural
areas and economically distressed communities;
(11) research on, and the evaluation of, the effectiveness
and benefits of technology in education;
(12) a biennial assessment of, and report to the public re
garding, the uses of technology in elementary and secondary
education' throughout the United States upon which private
businesses and Federal, State,. tribal, and local governments
may rely for decisionmaking about the need for. and provision
of, ~ppropriate technologies in schools, which assessment and
I
high-quality p.ofessional development. and the
dissemination of that information nationwide;
technology and innovative tools
~
~ (~
,
'A-A(t-#1"t";t!s
f4.ctdrll( {h!4JJ.]
nUl(c.1./) - ~~2=teX1;~(I-V)
~
�(f)
rep>rtshall use, to the extent possible. existing information
ant resources;
(13) conferences on, and dissemination of information regar ling, the uses of technology in education;
.
(14) the development of model strategies to promote gen
der equity concerning access to, and the use of, technology in
the classroom;
(15) encouraging collaboration between the Department
and other Federal agencies in the development. implementa
tion, evaluation and' funding of applications of technology for
education, as appropriate; and
(16) such other activities as the Secretary determines will
meet the purposes of this subpart.
(d) NON-FEDERAL SHARE..
(1) IN GENERAL.-Subject to paragraphs (2) and (3), the
Secretary may require any recipient of a grant or contract
under this section to share in the cost of the activities assisted
under such grant or contract, which non-Federal share shall be
announced through a notice in the Federal Register and may
be in the form of cash or in-kind contributions, fairly valued.
(2) INCREASE.-The Secretary may increase the non-Fed
eral share that is required of a recipient of a grant or contract
under this section after the first year such recipient receives
funds under such grant or contract.
.
(3) MA.xIMuM.-Tbe non-Federal share required under this
section shall not exceed 50 percent of the cost of the activities
assisted pursuant to a grant or contract under this section.
INC ALTERNATIVES.'
The secretarY, through the Office of Educational Technology,
shall conduct a stbd~to report to the Congress on,
evaluate, and
the feasibility of seve
tive models for providing sustained
and adequate fu.:Dding for scb
ughout the United States so
that such schools are able to acqu.Ue--a.iid maintain technology-en
hanced curriculum. instruction, and administrative support re
sources and services. Such report shall be subliiitted to the Con-'
gress not.. later than one year after the date of enactmellt--eLthe 1m
•
..
t.
"AUTHORIZATION OF APPROPRIATIONS
"SEC.~ Ifor purposes of carrying out this part,
there are ~zed to be appropriated such sums as may be
necessary for fiscal year 2001 and for each of the four
succeeding fiscal years.
JI03(cX/3-)
]/Ol(
�'@
"PART B - SPECIAL PROJECTS
'SUBPART
i
NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS
PROGRAM AUTHORITY
PURPOSE.
It is the purpose of this
subpart t~
,
'(II expand the knowledge base about the use of
the next generation of advanced computers and
telecommunications in delivering new applications for
teaching and learning;
"(2) address questions of national significance
about the next generation of technology and its use to
improve teaching and learning; and
"(3) develop, for wide-scale adoption by State
educational agencies and local educational agencies, models
of innovative and effective applications of technology to
teaching and learning, such as high quality video, voice
recognition devices, modeling and simulation software
(particularly web-based software and intelligent tutoring),
hand-held devices, and virtual reality and wireless
technologies, that are aligned with challenging State
academic content and student performance standards.
'(b)
PROGRAM AUTHORITY.-(l) IN GENERAL. The
Secretary is authorized, through the Office of Educational
Technology, to award grants. contracts. or cooperative
agreements on a competitive basis to eligible applicants in
order to carry out the purposes of this subpart.
"(2) ,PERIOD OF AWARD.
The Secretary may award
grants, contracts, or cooperative agreements under this
subpart for a period of not more than five years.
~'PURPOSE;
"SEC.~
(al
-"
~
"ELIGIBILITY
(al
ELIGIBLE APPLICANTS.
In'order to
receive an award under this subpart, an applicant shall,
subject to subsection Ic) (1). be a consortium that
includes
"(I) at least one State educational agency or
local educational agency; and
"(2) at least one institution of higher
education. for-profit business. museum, library, or other
public or private entity with a particular expertise that
would assist in carrying out the purposes of this subpart.
'(b) APPLICATION REQUIREMENTS.
In order to receive
an award under this subpart. an eligible applicant shall
submit an application to the Secretary at such time, and
.containing such information. as the Secretary may require.
Such application shall include
"(1) a description of the proposed project. and
how it would carry out the purposes of this subpart; and
"(2) a detailed plan for the independent
evaluation of the project, which shall include benchmarks
to monitor progress toward specific project objectives.
"(c)
PRIORITIES.
In making awards under this
subpart. the Secretary may establish one or more priorities
consistent wIth the objectives of this subpart, including:
"(I) A priority for applicants, the members of
which are one or more of the particular types described in
subsection (a) (2) .
"SEC.~
3U/
3Uh..c¥/)
�"(2) A priority for projects that develop
innovative models of effective use of educational
technology, including the development of distance learning
networks, software, (including software deliverable through
the Internet), and online-learning resources.
"(3) A priority for projects serving more than
one State and involving large-scale innovations in the use
of technology in education.
"(4) A priority for projects that develop
innovative models that serve traditionally underserved
populations, including low-income students. students with
disabilities, and students with limited English
proficiency .
. "(5) A priority for projects in which applicants
provide substantial financial and other resources to
achieve the goals of the project.
"(6) A priority for projects that develop
innovative models for using electronic networks to provide
challenging courses. such as Advanced Placement courses.
~
"SEC. 3213.
this subpar to
@
"USES OF FUNDS
A recipient shall use funds awarded under
"(1) develop new applications of educational
technologies and telecommunications to support school
reform efforts, such as wireless and web-based
telecommunications, hand-held devices, web-based learning
resources, distributed learning environments (including
distance learning networks), and the development of
educational software and other applications; and
"(2) carry out other activities consistent with
the purposes of this subpart, such as
"(A) developing innovative models for
improving teachers' ability to integrate technology
effectively into course curriculum. thro1 1gh sustained and
intensive, high-quality professional development;
"(B) developing high-quality. standards
based, digital content, including multimedia software.
digital video. and web-based resources. such as
"(i) new technological formats to
facilitate deeper subject matter understanding in
particularly challenging learning environments in areas
such as physics, foreign language. or Advanced Placement
courses;
"Iii) computer modeling ..
visualization. and simulation tools;
"(iii) new methods for assessing
student performance;
"(iv) web-based and other distance
learning curricula and related materials. such as
interoperable software components;
"(v) learning-focused digital
libraries, information retrieval systems, and other designs
for supporting broad re-use of learning content; and
• (vi) 'software that supports the
development, modification. and maintenance of educational
materials;
"(e)
using telecommunications. and other
technologies, to make programs accessible to students with
special needs (such as low-income students, students with
disabilities. students in remote areas. and students with
limited English proficiency) through such activities as
using technology to support mentoring;
JUkG'('V)
3U3-("'x'C)
�@
"(D) providing classroom and
extracurricular opportunities for female students to
explore the different uses of technology;
"(El
promoting school-family partnerships,
which may include services for adults and families,
particularly parent education programs that provide parents
with training, information. and support on how to help
their children achieve to high academic standards;
"(F) acquiring connectivity linkages,
resources.· distance learning networks. and services.
including hardware and software. as needed to accomplish
the goals of the project; and
"(G) collaborating with other Department of
E.ducation and Federal information technology research and
development programs.
"EVALUATION
.
"SEC. 3214. The Secretary is authorized to"
develop tools and provide resources for
recipients of funds under this subpart to evaluate their
activities;
.
"(2) provide technical assistance to assist
recipients of funds under this subpart in evaluating their
projects;
"{3} conduct independent evaluations of the
activities assisted under this subpart; and
"(4) disseminate findings and methodologies from
evaluations of activities assisted under this subpart, or
other information obtained from such projects that would
promote the design. replication. or implementation of
effective models for evaluating the impact of educational
technology on teaching and learning.
~
UTHORIZATION OF APPROPRIATIONS
"SEC. 3215. For purposes of carrying out this .
subpart. t er are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and for each of
the four succeeding fiscal years.
~
32JUJ-'fJ)
3U-5"'
�~
r
®
.
SulpA 'V
zmT G-READY-TO-LEARN.TELEVISION
~
SEC
a
t
i~
• [20 U.s.C. 6921] READY·TO-LEARN.
DlGITAL
I
a~ard c:~ts
GENERAL.-The Secretary
authorized to
to or enter into contracts or. cooperative agreements Wlth eligJ.~le
entitiea described in (B.etieB 339a~to develop. produce. and dis.,
tribute educational and instructio
video programming for pre
school and elementary school children and their parents in order
to facilitate the achievement of@te NIlBen:ti;J Education Goals.
~
(b) AVAD...ABILITY.-In making such grants, contracts, or cooper
ative agreements, the Secretary shall ensure that recipients make
programming widely available with support materials as appro
priate to young children, their parents, child care workers, and
H~d Start providEirs to increase the effective use of such program
IDl~.
SEC
v
.
sectl.on 3222 (b)
America' S
9
3222
(20 USC. 6922) EDUCATIONAL PROGRAMMING.
a
WARDs.-The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities ta
(1) facilitate the development directly or through contracts
with producers of children and family educational television
programming, educational programming for preschool and ele
mentary school children, and accompanying support materials
and services that promote the effective use of such program·
ming; and
(2) enable such entities to contract with entities (such as
~ublic telecom~c8.tions entities@eEl theee fy;aEleEl \mEIer the
• tal Schools.
80 thatlrograms developed under this sec
mmated an distributed to the widest possible
audience appropriate to be served by the programming by the
most' appropriate distribution technologies.
(b) EIJGIBLE ENT1TIES.-To be eligible to receive a grant, con
tract, or cooperative agreement under subsection (a), an entity
shall be.
(1) a nonprofit entity (inclucling a public telecommuni
cations entity) able to demonstrate a capacity for the deve
lopment and distribution of educational and instructional
television prO~mming of high quality for preschool and ele
mentary schoo children; and
(2) able to demonstrate a capacity to contract with the pro
ducers of children's television programming for the purpose of
developing educational television programmi~ of high quality
for preschool and elementary school children.
(c) CULTURAL EXPERIENCES.-Programming developed under
this section ahall reflect the recognition of diverSe cultural experi
ences and the needs and experiences of both boys and girls in en
gaging and preparing young children for schooling.
3~U
3]'']-~
�E;J
~
SEC.
(jj)'JI
.,...
[20 USc. 6923] DUTIES OF SECRETARY.
e Secretary is authorized(1) to establish and administer a Special Projects of Na
tional Significance program to award grants, contracts, or coop
erative agreements to public and nonprofit private entities, or
local public television stations or such public television stations
that are part of a- consortium. with one or more State edu
cational agencies, local educational agencies, local schools, in
stitutions of higber education, or community-based organiza
tions of demonstrated effectiveness, for the purpose of
. (A) addressing the learning needs of young children in
limited English proficient housebolds, and developing ap
propriate educational and instructional television program
ming to foster the school readiness of such children;
(B) developing programming and support materials to
increase family literacy skills among parents to assist par
ents in teaching their children and utilizing educational
television programming to promote school readiness; and
(C) identifying, supporting, and enhancing the effec
tive use and outreach of innovative programs that promote
school readiness;
. (2) to establish within the Department a clearinghouse to
compile and provide information, referrals and model program
materials and programming obtained or developed under this
"d care providers. and other approDriate in
vi'8uals or entities to assist such indlVlduals and entltles 10
~
accessing programs and
under thiSt!afi and
fi
(3) to develop and . minate training materials, 1Oclud
ing
(A) interactive programs and programs adaptable to
distance learnillg technologies that are designed to en
hance knowledge of children's social and cognitive skill de
velopment and positive adult-cbild interactions; and
(B) support materials to promote the effective use of
materials developed under paragraph (2);
among parents, Head Start providers. in-home and center
based day care providers, early childhood development person
nel, and elementary school teachers, public libraries, and after
school program personnel caring for preschool and elementary
school children;
. (4) coordinate activities with the Secretary of Health and
Human Services in order to
(A) maximize the utilization of quality educational
programming by preschool and elementary school children,
and make such programming widely available to federally .
funded programs serving such populations; and
(B) provide information to recipients of funds under
Federal programs that have major training components for
early childhood development, including Head Start, Even
Start. and State training activities funded under the Child
Care Development Block Grant Act of 1990 regarding the
availability and utilization of materials developed under
paragraph (3) to enhance parent and child care provider
skills in early childhood development and education.
Cects
subpart.
3j,~
�~8
,
@
.
SEC. ~ (20 USc. 6924) APPI.JCATIONS.
'Each eligible entity desiring a ~t, contract, or cooperative
agreement undertM .
shall submit an a lication
to the Secretary at such time, in su .manner, an acc?mparue
~uch information as the Secretary may reasonably requIre.
~
:1
~ I
M
section 3221 or 3223
SE~ (20 USC. 6925) REPORTS AND EVALUATION.
(a)
AL REPORT TO SECRETARY.-An .entity receiving funds
under'
shall re are and submIt to the Secre
ann
report whi
contains su information as the Secretary
may require. At a minimum. the report shall describe the program
activities undertaken with funds received under this section, in
cluding
section 3221
"
(1) the programming that has been developed directly or
indirectly by the entity, and the target population of the pro
grams developed;
.
(2) the support materials that have been developed to ac
company the programming, and the method by which such ma
terials are distributed to consumers and users of the program
ming;
(3) the means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make prograIDming
available .and the geographic distribution achieved through
such technologies; and
(4) the init;iatives undertaken by the entity to develop pub
lic-private partnerships to secure non-Federal support for the
development and distribution and broadcast of educational and
instructional programming.
.
(b) REPORT TO CoNGRESS.-The Secretary shall prepare and
submit to the relevant committees of Congress a biannual report
which includes
,
.(1) a summary ,of the information made available under
section
(!eetion,9302(8), an<!J
,~
(2) a description of the training materials made available
under ~tion 8808CaDthe manner in which outreach has been
conducted to inform parents and Child care providers of the
availability of such materials, and the manner in which such
materials have been distributed in accordance with such sec
tion.
"
~
3222 (al; and
section 3223 (3),
SEc.;ueCf2O USC. 692G] ADMINISTRATIVE COSTS.
With respect to the implementation of section~entities receiving a grant, contract, or cooperative agreement from the
retary may use not more than 5 percent of the amounts received
under such section for the normal and customary expenses of ad
ministering the grant, contract, or cooperative agreement.
sec-
')
3222
'
3~'t,l/-
3'frUJ
�{I)
SEC. s:Mri. [20 U.s.c. 6927) DEFINITION.
or .he purposes of this part, the term "distance learning'
means tl.e transmission of educational or instructional program
ming to ;~eographically dispersed individuals and groups via telecommunkations.
')r ~
SEC. ~.s.C. 6928) AUl'HORIZATION OF APPROPRIATIONS.
"
(a) IN GENERAL.-There are authonzed to be appropnated to
.",. subpart.
carry out thisi!mt, $BO,OOO,OOO fill fisad year 1995, and such Sums r"
ItS mey 'be neeessa::ril for each of the four succeeding fiscal years.
Not less than 60 percent of the amounts appropriated under this
subsection for each fiscal year shall be used to carry out{§ection ~
r:::::7
~
~)
f
or
f' cal year 2001 'and
1S
section 3222.
SPECIAL PRoJEcTs.-Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of such
amount shall be ford for each such fiscal year for activities under
~etieB 8808(1)(G •
such sums as may be necessary
•
~
3223 (1)
(e).
·3"''J,1
�~~~~~J~~~'
~
~
~lNOt. f»UAe:esSt)Pft:6d:eC'l'AU'f'B6'ft:151'l'EB.
·SC.
subpart to
~_'-- _________• ________'IONREQUIRED.
~G
a} 1N GENERAL.-Each nonprofit telecommunications entity, or
partnership of such entities. desiring a grant under this~shall
submit an application to the Secretary. Each such application
shall
(1) demonstrate that the applicant will use the ~9Qag
pubtici;y funded teleeommttrrieatioM iM8st!"tlet\i:re t.e se1:h'eF
"';Cee, rf6iee &:B8 8at;}in an integrated service to train teachers
in the use of new standards-based curricula materials and
learning technologies;
(2) assure that the project for which assistance is sought
will be conducted in cooperation with approPri~te State edu
cational agencies, local educational a g e n c i e s , l
B9BPf91U ,-ahlie
~= =:j'l'6feSS16nal 89Saaati6n that has 8e-.'el
opedreeateet. ~
(3) assure that a SIgnificant portion of the benefits available for elementary and secondary schools from the project for
which assistance is sought will be available to schools of local
educational agencies which have a high percentage of children
counted. for- the purpose of part A of title I; and
(4) contain such additional assurances as the Secretary
may reasonably require.
')
subpart
:>
public broadcasting infrastructure, digital
libraries, and emerging school networks to deliver video
and web-based resources
tel~eommU:Bi~tiens en~ti":6. ~~ ::~
(b) APPROVAL OF A,pPUCATlONS; NUMBER OF ~Meli9'P.R:NPIOij
SITES.-In arving applications under this section. the Secretary
shallt8seuret the 8emeeswti6B BP8jeet authorizes lw this 9&1'41
-it-1:ozla
"
States.
)
~ 'PURPOSE; PROGRAM AUTHORITY
3231 (a) PURPOSE. It is the purpose of this
st elementary and secondary school teachers
in preparing all students to achieve to challenging State
academic content and performance standards through a
national telecommunications-based program to improve
teaching in core content areas.
'(b) PROGRAM AUTHORITY. From funds appropriated to
carry out this subpart. the secretary may make grants to
nonprofit telecommunications entities. or partnerships of
such entities. to carry out the purposes of this subpart.
l·h'~al"1'~~ is authorized to make grants to a 'nonprofit tele
or partnership of such entities, for the pur
communications
.
Pose of carrying out a
. al telecommunications-based dem
onstration project to improve, e
. g of mathematics. The
demonstration project authorized by this p
be designed to
assist elementary ~d secondary school teachers m
. g all
____
(fJ)
TELECOMMUNICATIONS PROGRAM FOR PROFESSIONAL
DEVELOPMENT IN THE CORE CONTENT )\.REAS
~
national. State, or local nonprofit public
communications entities, institutions of higher education,
museums, libraries, and national education professional
associations that have developed content standards in the
core content areas;
)
PROJECT
"
. . _
ensure that the proJects carned out under thl.s subpart
¢It.
subpart, such sums as may be necessary for fiscal year
2001 and
3 ');1/
31--33
�"SUB~ART
,
4 - COMMUNITY TECHNOLOGY CENTERS
@
PROGRAM AUTHORITY
(a)
PURPOSE. It is the purpose of this
subpart to ass~st eligible applicants to
"(I)
create or expand community technology
centers that will provide disadvantaged residents of
economically distressed urban and rural communities with
access to information technology"and related training; and
"(2) provide technical assistance and support to
community technology centers.
"(bl PROGRAM AUTHORITY.-(l)
IN GENERAL. The
Secretary is authori~ed, through the Office of Educational
Technology, to award grants, contracts, or cooperative
agreements on a competitive basis to eligible applicants in
order to assist them in
"(A) creating or expanding community
technology centers; or
"(B)
providing technical assistance and
support to community technology centers.
"(2)
PERIOD OF AWARD. The Secretary may award
grants, contracts, or cooperative agreements under this
subpart for a period of not more than three years.
~"PURPOSE;
"SEC.~
"~ILITY AND APPLICATION REQUIREMENTS
·SEC. ~" (a)
In order to be
eligible to receive an
, an
applicant shall
"(I) have the capacity to expand significantly
access to computers and related services for disadvantaged
residents of economically distressed urban and rural
communities (who would otherwise be denied such access);
and
"(2) be
"(A) an entity such as a foundation,
museum, library, for-profit business, public or private
nonprofit organi~ation, or community-based organi~ation;
"(B)
an institution of higher education;
"(C)
a State educational agency;
"(D) a local education agency; or
'(E) a consortium of entities described in
subparagraphs (Al, (B), (C), or (D).
"(bl APPLICATION REQUIREMENTS. In order to receive
an award under this subpart, an eligible applicant shall
submit an application to the ~ecretary at such time, and
c'ontaining such information, as the Secretary may require.
Such application shall include
'(I) a description of the proposed project,
including a description of the magnitude of the need for
the services and how the project would expand access to
information technology and related services to
disadvantaged residents of an economically distressed urban
or rural community;
"(2) a demonstration of
'(A)
the commitment, including the
financial commitment, of entities such as institutions,
organi~ations, business and other groups in the community
that will provide support for the creation, expansion, and
continuation of the proposed project; and
"(S)
the extent to which the proposed
project establishes linkages with other appropriate
agencies, efforts, and organi~ations providing services to
disadvantaged residents of an economically distressed urban
or rural community;
3J"tf-(
3 1..1/-;,,(&-p)
�'(3)
a description of how the proposed project
would be sustained once the Federal funds awarded under
this subpart end; and
'(4) a plan for the evaluation of the program,
which shall include benchmarks to monitor progress toward
specific project objectives.
'(c) MATCHING REQUIREMENTS. The Federal share of the
cost of any project funded under this subpart shall not
exceed 50 percent. The non-Federal share of such project
may be in cash or in kind, fairly evaluated, including
services.
®
'USES OF FUNDS
(a) REQUIRED USES. A recipient shall use
funds unde~ subpart for
"(I) creating or expanding community technology
centers that expand access to information technology and
related training for disadvantaged residents of distressed
urban or rural communities; and
'(2)
evaluating the effectiveness of the
project.
'(b)
PERMISSIBLE USES. A recipient may use funds
under this subpart for activities, described in its
application, that carry out the purposes of this subpart,
such as
·SEC.~
'(I) suppor':ing a center coordinator, and staff,
to supervise instruc~ion and build community partnerships;
'(2) acquiring equipment, networking
capabilities, and infrastructure to carry out the project;
'(3) developing and providing services and
activltles for community residents that provide access to
computers, information technology, and the use of such
technology in support of pre-school preparation, academic
achievement, lifelong learning, and workforce development,
such as the following:
'(A) After-school activities in which
children and youths use software that provides academic
enrichment and assistance with homework, develop their
technical skills, explore the Internet, and participate in
multimedia activities, including web page deSign and
creation.
'(B) Adult education and family literacy
activities through technology and the Internet, including
'(i) General Education Development,
English as a Second Language, and adult basic education
classes or programs;
, (ii)
introduction to computers;
, (iii)
intergenerational activities;
and
• (iv)
lifelong learning ·opportunities.
'(C) Career development and job preparation
activities, such aso (i)
training in basic and advanced
computer skills;
'(ii)
resume writing workshops; and
'(iii)
access to databases of
employment opportunities, career information, and other
online materials.
'(D)
Small business activities, such as
'(i) computer~based training for basic
entrepreneurial skills and electronic commerce; and
'(iiI access to information on
business start-up programs that is available online, or
from other sources.
.,'kl/-2{/~:{];')
3~cPt~)(p)
�@
"(E) Activities that provide home access to
computers and technology, such as assistance and services
to promote the acquisition, installation, and use of
information technology in the home through low-cost
solutions such as networked computers, web-based televtsion
devices, and other technology.
. ~"AUTHORIZATION OF APPROPRIATIONS
·SEC. 3244. For purposes of carrying out this
subpart, ther are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and for each of
the four succeeding fiscal years.".
"PART C - PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY
.
PROGRAM AUTHORITY
,"SEC.~ (a)
PURPOSE.
It is the purpose of this
part to assist consortia of public and private entities in
carrying out programs that prepare prospective teachers to
use advanced technology to foster learning environments
conducive to preparing all students to achieve to
challenging State and local content and student performance
standards.
"(bl
PROGRAM AUTHORITY.-(l)
IN GENERAL. The
Secretary is authorized, through the Office of Educational
Technology, to award grants, contracts, or cooperative
agreements on a competitive basis to eligible applicants in
order to assist them in developing or redesigning teacher
preparation programs to enable prospective teachers to use
technology effectively in their classrooms.
"(2)
PERIOD OF AWARD. The Secretary may award
grants, contracts, or cooperative agreements under this
part for a period of not more than five years.
~"PURPOSE;
~
"ELIGIBILITY
(al
ELIGIBLE APPLICANTS.
In order to
receive an award under this part, an applicant shall be a
consortium that includes
"(1) at least one institution of higher
education that offers a baccalaureate degree and prepares
teachers for their initial entry into teaching;
"(2) at least one State educational agency or
local educational agency; and
"(3) one or more of the following entities:
"(A) An institution of higher education
(other than the institution described in paragraph (I)).
"(S) A school or department of education at
an institution of higher education.
"(C) A school or college of arts and
sciences at an institution of higher education.
"(D) A private elementary or secondary
school.
"(E) A professional association,
foundation, museum, library, for-profit business, public or
private nonprofit organization, community-based
organization,_or other entity with the capacity to
contribute to the technology-related reform of teacher
preparation programs.
·SEC.~
?J J"tf.3-(?~x.~)-
3?Jo~(4)
�"(b) APPLICATION REQUIREMENTS.
In order to receive
an award under this pa-rt, an eligible applicant shall
submit an application to the Secretary at such time, and
containing such information, as the Secretary may require.
Such application shall include
'(I) a description of the proposed project,
including how the project would ensure that individuals
participating in the project would be prepared to use
technology to create learning environments conducive to
preparing all students to achieve to challenging State and
local content and student performance standards;
'(2)
a demonstration of
"(A)
the commitment, including the
financial commitment, of each of the members of the
consortium; and
'(B)
the active support of the leadership
of each member of the consortium for the proposed project;
"(3) a description of how each member of the
consortium would be included in project activities;
'(4)
a description of how the proposed project
would be continued once the Federal funds awarded under
this part end; and
"(5)
a plan for the evaluation of the program.
which shall include benchmarks to monitor progress toward
specific project objectives.
"(c) MATCHING REQUIREMENTS.-(l)
IN GENERAL. The
Federal share of the cost of any project funded under this
part shall not exceed 50 percent. Except as provided in
paragraph (2), the non-Federal share of such project may be
in cash or in kind, fairly evaluated, including services.
"(2) ACQUISITION OF EQUIPMENT.
Not more than 10
percent of the funds awarded for a project under this part
may be used to acquire equipment. networking capabilities
or infrastructure. and the non-Federal share of the cost of
any-such acquisition shall be in cash.
(jj)
t::::\
'USES OF FUNDS
(a) REQUIRED USES. A recipient shall use
funds under thls part for
"(I)
creating programs that enable prospective
teachers to use advanced technology to create learning
·SEC.~
environments conducive to preparing all students to achieve
to challenging State and local content and student
performance standards; and
"(2)
evaluating the effectiveness of the
project.
"(b)
PERMISSIBLE USES. A recipient may use funds
under this part for activities, described in its
application, that carry out the purposes of this part. such
as
"(I) developing and implementing high-quality
teacher preparation programs that enable educators to-
'(A)
learn the full range of resources that
can be accessed through-the use of technology;
'(B)
integrate a variety of technologies
into the classroom in order to expand students' knowledge;
'(C)
evaluate educational technologies and
their potential for use in instruction; and
"(D) help students develop their own
technical skills and digital learning environments;
a-Jo11.")
3 30 }(.flJ Xl»
�@
"(2) developing alternative teacher development
paths that provide elementary and secondary schools with
well-prepared, technology-proficient educators;
.
"(3)
developing performance-based standards and
aligned assessments to measure the capacit~ of prospective
teachers to use technology effectively in their classrooms;
"(4) providing technical assistance to other
teacher preparation programs;
"(5) developing and disseminating resources and
information in order to assist institutions of higher
education to prepare teachers to use technology effectively
in their classrooms; and
"(6)
subject to section 3302(c) (2), acquiring
equipment, networking capabilities, and infrastructure to
carry out the pr~ject.
~UTHORIZATION OF APPROPRIATIONS
"SEC. 3304. For purposes of carrying out this part,
there are au orized to be appropriated such sums as may be
necessary for fiscal year 2001 and for each of the four
succeeding fiscal years.
.
·PART D - REGIONAL, STATE, AND LOCAL EDUCATIONAL TECHNOLOGY
RESOURCES
"SUBPART 1 - TECHNOLOGY LITERACY CHALLENGE FUND
• PURPOSE
It is the purpose of this subpart to
increase the capacity of State and local educational
agencies to improve student achievement, particularly that
of students in high-poverty, low-performing schools, by
supporting State and local efforts that
"(1) make effective use of new technologies and
technology applications, networks, and electronic learning
resources;
"(2) utilize research-based teaching practices
that are linked to advanced technologies; and
"(3) promote sustained and intensive, high
quality professional development that increases teacher
capacity to create improved learning environments through
the integration of educational teChnology into
instruction.
~
"SEC.~
8
~hpari 2-State..mul-l.ooal-PFogr-ams for SGhool
~
SEC.
.
TeeJmology Resotn'e~
(20 u.s.c. 6sn] ALLOTMENT AND REALLOTMENT.
a) Al..:r...oTM:EN.
(1) IN GENERAL.-Except as provided in paragTaph (2),
each State educational agency shall be eligible to receive a
grant under this subpart for a fiscal year in an amount which
bears the same relationship to the amount made available
under
.
for such ear as the amount such
e
State
ived under part 0 ti e or su year ars
amount received for such year under such part by all States.
(2) MINI.MUM.-No State educational agency"shall be eligible to receive a grant under paragraph (1) in any fisC31 year
section 3418
(including
;ft
J
for purposes of this subpart, the Bureau of Indian Affairs)
,
330?i.(bJ!')
;;if/ J,'{11)
�@
t
section 3418
in an amount which is less than one-half of one percent of the
amount made available under ~tion 8l!5(a)(1)(EB for suc~
year.
">
State educational
agency's allotment under subsection (a) for any fiscal year
which the Secretary determines will not be required for such
f~scal year to carry out this subpart shall be available for real
lotment from time to time, on such dates during such year as
the Secretary may determine, to other State educational agen
cies in proportion to the original allotments to such State edu
cational agencies under subsection (a) for such year, but with
such proportionate amount for any of such other State edu
cational agencies being reduced to the extent such amount ex
ceeds the sum the Secretary estimates such State needs and
will be able to use for such year.
(2) OTHER REAl..LOTMENTS.-The total of reductions under'
paragraph (1) shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of such agencies allotment under subsection (a) for such year.
S
3413
SEC.~ (20 U.s.c. 6842] ~eeL 'l'BCm.9L9EW JUiiS9l:TiA.Gii
W~GRANTS TO STATES.
.
!!
TECHNOLOGY LITERACY CHALLENGE FUND
I------------~>"
'(2)
USE OF GRANTS.
(A)
Each State educational
agency that receives a grant under paragraph (1)
shall use
"(i) not less than 95 percent of the
grant funds received to award, on a competitive basis,
subgrants to eligible local applicants, as defined in
section 3417, for use in creating new learning environments
deSigned to prepare all students, including students with
disabilities or limited English proficiency, to achieve to
challenging State academic content and performance
standards through the use of research-based teaching
practices and advanced technologies; and
"Iii) subject to subparagraph (C). the
rema'inder of the grant funds for administrative costs and
technical assistance.
"(B)
In awarding subgrants under
subparagraph (A) (i), a State educational agency shall give
priority to an eligible local applicant that is a
partnership that meets the requirements of section
3417(1)(B).
"(C)
From the funds described in
subparagraph (A) (i), a State educational agency may use not,
more than 2 percent of the grant funds received by that
agency under this subpart to provide planning subgrants to
eligible local applicants in order to assist them to
develop strategic long-term local technology plans that
shall be included in the application for a subgrant under
section 3416(1).
GRof~
~1:::' GENERAL,"':"From amounts made available under sec
tion
throu h the Office of Educational
Techiiology, shall aw
grants to tate
u~on
agenCles
having applications approved under section /Ail:
,
t under paragraph (1) shall use such grant funds
celvtng
to award gran,
a com titive basis, to local educational
educational agencies to carry out
agencies to enable sue
the activities described in s
134.
, (B) In aw.arding grants under
aragraph (A), each
State educational agency shall ensure that
such grant is
of sufficient duration, and of ~cient size.. scope,
uality.
(b) TECHN:ICAL AssISTANCE.-Ea
State educational agency re
ceiving a grant under paragraph (1) shall
(1) identify the local educational agencies served by the
State educational agency that
(A) have the highest number or percentage of children
in poverty; and
.
(B) demonstrate to such State educational agency the
greatest need for technjcal ,.psistance in developing the ap
lication, under sectio
To rece~der this subpart, each State educational
agency shall submit a state'Wkle-·educational technology plan which
may include plans submitted under the Go8:ls-20~ucate Amer
ica Act or other statewide technology plans which meet~
.;
except that such minimum
shall apply to the a?gregate of grants received under this
subpart by the outly~ng areas for a fiscal year.
(b) R.EA:u..oTMENT OF UNUSED FuNos.-
(1) IN GENERAL.-The amount of any
3412,
3414.
" (2)
provide eligible local applicants with
in
• (A)
3416;
developing applications under section
"(B) forming partnerships among the
entities described in section 3417(1) (B); and
"(C) establishing performance indicators
and methods for measuring program outcomes against the
indicators.
he "ttl
rte
?Ftf-IW)
3l/1?;
�..
G
<
~
~
'STATE A.,LICATIO,
SEC.~.
To receive funds under this subpart, a
State "edu~ational agency shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
As part of its application, a State educational agency
shall submit a new or updated statewide educational
technology plan. The plan submitted shall demonstrate how
it will be coordinated with and support the State plan or
policies for comprehensive standards-based education
reform", and shall describe
"Il) how the State educational agency will meet
the national technology goals that
"IA) all teachers in the Nation will have
the training and support they need to help students learn
using computers and the information superhighway;
"IB) ~ll teachers and students will have
modern multimedia computers in their classrooms;
"IC) every classroom will be connected'to
the information superhighway; and
"
"ID) effective software and online learning
resources will be an integral part of every school's
curriculum;
"(2) the State educational agency's long-term
strategies for financing educational technology in the
State, including how the State educational agency will use
other sources of Federal and non-Federal funds. including
the E-Rate, for this purpose;
"(3) the State educational agency's criteria for
identifying, for purposes of section 3317(1) (A), a local
educational agency as high-poverty, serving at least one
low-performing school, and having a substantial need for
technology, and how the State educational agency will
report to the public the criteria to be used and the
outcome of the competition;
"(4)· the State educational agency's specific
goals for using advanced technology to improve student
achievement to challenging State academic content and
performance standards by
"(A) using web-based resources and
telecommunications networks to provide challenging content
and improve classroom instruction;
"IB) using research-based teaching
practices and models of effective uses of advanced
technologyl and
"(C) promoting sustained and intensive,
high-quality professional development that increases
teacher capacity to create improved learning environments
through the integration of technology into instruction;
"(5) the State educational agency's performance
indicators for each of the goals described in paragraphs
(1), (2). and (4) and included in its plan, baseline
performance data for the indicators. a timeline for
achieving the goals. and interim measures of success toward
achieving the goals;
"(6) how the State educational agency will
ensure that grants to eligible local applicants are of
sufficient size, scope, and quality to meet the purposes of
this subpart effectively;
J 'fIc.f-(/)
(~J
�"(7) how the State educational agency will
provide technical assistance to eligible local applicants,
and its capacity for providing such assistance;
"(8)
how the State educational agency will
ensure that educational technology is accessible to, and
usable by, all students, including students with special
needs, such as students who have disabilities or limited
English proficiency; and
"(9)
how the State educational agency will
evaluate its activities under the plan.
@
?J tilL/- (7)
('I)
�ents of this section. Such application shall be submitted to the
:retary at such time, in such manner, and accompanied by such
:-"-ation as the Secret.a.ry may reasonably require. Each such
tion shall contain a systemic statewide plan that
(1) outlines long-term strategies for financing technology
edu tion in the State and describes how business, industry,
and 0 er public and private agencies, including libraries, li
brary Ii racy programs, and institutions of higher education,
can parti . ate in the implementation, ongoing planning, and
support of e plan; and
(2) mee such. other criteria as the Secretary may estab
lish in order
enable such agency to provide assistance to
local educatio
encies that have the highest numbers or
percentages of .
n in poverty and demonstrate the great
est need for techn
, in order to enable such local edu
cational agencies, for e benefit of school sites served by such
local educational agena ,to carry out activities such as-
(A) purchasing <i .ty technology resources;
(B) installing van us linkages necess~ to acquire
connectivity;
(e) integrating techno
into the curriculum in order
to improve student learning d achievement;
(D) providing teachers
d library media personnel
with training or access to trai· ;
(E) providing administrativ and technical support
and services that improve studen learning through en
riched technology-enhanced resourc , including library
media resources;
. (F) promoting in individual schools the sharing, dis
tribution, ·and application of educational
demonstrated effectiveness;
(G) assisting schools in promoting parent'i{lvolvement;
(H) assisting the community in providing \~teracy-re
lated services;
(I) establishing partnerships with private 0 public
educational providers or other entities to serve the eeds
of children in poverty; and
(J) providing assurances that financial assistance pro
vided under this
shall supplement, not supplant':\
Sfietie &BS leeel rliB ,
&Be. 8184=-(H U;8;G; 6&H) I.QOAL USE8-0~
--J
local educational agency. to the extent possible, shall use
the funds
available under section 3132(a)(2) for
(1) deve . ,adapting, or expanding existing and new
logy to support the school reform effort;
applications 0
(2) funding proj
ufficient size and scope to improve
student learning and, ~ ap
.ate, support professional de
velopment. and provide administra· support;
(3) acquiring connectivity linkages,
. s, and services,
including the acquisition of hardware and so
• for use by
teachers, students and school library media perso
in the
classroom or in school library media centers, in order
.
prove student learning by supporting the instructional p~
l.art
(j#
,I
g
"LOCAL USES OF FUNDS
"SEC. 3~4.
Each eligible local applicant shall use
the funds made available under section 3413(a) (2) (i) for
one or more of the following activities:
"(1) Adapting or expanding existing and new
applications of technology to enable teachers to create
lea~ning environments designed to prepare students to
achieve to challenging State academic content and student
performance standards through the use of research-based
teaching practices and advanced technologies.
"(2)
Providing sustained and intensive. high
quality professional development in the integration of
advanced technologies into curriculum and in using those
technologies to create new learning environments. including
training in the use of technology to access data and
resources to develop curricula and instructional materials.
"(3) Enabling teachers to use the Internet to
communicate with other teachers and retrieve web-based
learning resources.
"(4) Using technology to collect, manage, and
analyze data to inform school improvement efforts.
"(5) Acquiring wireless telecommunications,
hand-held devices, modeling or simulation tools. distance
learning networks, and other advan~ed technologies with
classroom applications.
"(6) Acquiring wiring and access to advanced
telecommunications.
"(7) Using web-based learning resources.
including those that provide access to challenging courses
such as Advanced Placement courses.
"(8) Assisting schools to use technology to
promote parent and family involvement, and support
communications between family and school.
~tf/~
�(jj)
offered by such agency to ensure that students in schools
.
e meaningful access C'n a regular basis to such link
ages, reso
and services;
.
(4) provi
oing professional development in the inte
gration of quality e
.onal technolog:!es into school curricu
lum and long-term pI
.
for implementing educational
technologies;
(5) acquiring connectivity with Wl ~a networks for pur
poses of accessing information and educafiona}. programming
sources, particularly with institutions of higheretlu.C8tion and
rJ
public libraries; and
, .
.
~ ~6) Pro'J'idiDg edueatieDal serviees reF edti:lts aBd faml.·
20 U.s.c. 6846] LOCAL APPUCATION5.
SEC.
..._ _ _ __
4
II
(a)'
IN GENERAL.
ach
.
'. .
.
m S...,.....,
, ,
.
d'
hall b '
li
el1g1ble local. appl1cant
.
e ducatio
agency un ersection~~~~~s~~~SU~Dll~ltJan~~a~~.____~__~________~~________~ 3413(a) (2)
catiOn, consistent with the obj
ves of e systemic statewide
plan, to the State educational agency. at such time, in such manner
and accompanied by such information as the State educational
agency may reasonably require. Such application, at a minimum,
shall
(1) include a strategic, long-range (three- to five-year), plan
that includes
..
ee tae ~e sf tacbnologies to be aCe
,
.
.
.
_...!I!I.' '.
t'..
bili'
"> • IAl a descnptJ.on of how the appl1cant
quired, m u
tn;U.l~VlSl~ID! lOr ~teropera
ty
plans to improve the achievement of all students byamong components of such tec.bn~~nt
. Ii) making effective use of new
~
pra~~e.~~ exi8~~~eleg;e8;
ion of how the 8eqtHred tee8:Belegies
will be integra
curriculum to help the local
educational agency enhance tea
.,
and stu.
.
in
boration with existing adUlt literacy services
viders
. . e the uSe of such technologies;
(D)(i)
escription of how the local educational agency
will ensure
ing, sustained professional' development
,for teachers, a
. .strators, and school library media per
sonnel served by
local educational agency f:9 further
the use of technology' the classroom or library media
center; and
(ll) a list of the source
sources of ongoing training
and technical assistance availa
to schools, teachers and
administrators served by the I
educational agency,
such as State technology offices, inte ediate educational
support units, regional educational labo tories or institu·
tions of higher education;
~
(E) a description of the supporting reso~ such as
services, software and print resources, which wiR,.be ac·
quire~ to ~ s~ccessful ~d effective use 0
(G)
(HI
~
~'} the -projected timetable for implementing such plan
in schools;
<: (G~ the projected cost oi technologies to be acquired
and related expenses needed to implement such plan;~ ,/
technologies, networks, and electronic learning resources;
. Iii I using research-based teaching
practices that are l!n~~~ to advan-;:ed techn~logies; and
.."
IJ.ll.1 pro~otlng sustaJ.ned and
lntenSJ.ve, hlgh-quallty professlonal development that
increases the capacity of teachers to create improved
learning environments through the integration of
educational technology into instruction.
"(e) a description of the applicant'S goals
regarding the use of educational technology to meet the
purposes of this subpart, as well as the applicant's
baseline data. timelines, benchmarks, and indicators of
success for meeting these goals:
(E) a description of how the applicant
will ensure sustained and intensive. high-quality
professional development for teachers, administrators, and
other educational perSonnel to further the use of
technology in the classroom;
• (F) a description of the administrative
and techni~al support that the applicant will provide
schools;
?tl/l6(d( ft~)
(/I)
�==
ran5i
:~
~:itSjublii!
a description of the applicant's
strategy for financing its strategic. long-term local
technology plan. including the use of other Federal and
non-Federal funds;
'(I)
~"(J)
:
~ =~=all comm~unity iead
~eftey --ill iB·-el-·
~
a description of how the applicant
will use advanced technology to promote communication
between teachers for activities such as
"(i)
sharing examples of student work;
"Iii)
developing instructional
strategies;
"
"(iii)
developing curricula aligned
with State or local standards;
"(iv)
using data to improve teaching
and learning; and
"(K)
a description of how the applicant
would use technology to improve the teaching and learning
of students with special needs. such as students with
disabilities or limited English proficiency.
(3) describe how the acquired instructionally based tech
nologies will help the local educational agency
(A) promote equity in education in order to support
State content standards and State student performance
standards that may be developed; and
(B) provide access for teachers, parents and students
v" to the best teachin&niactices and cw-riculum resources
through technology;
(8)
(
(4) describe a process for the ongoing evaluation of how
technologies acquired under this section
(A) will be integrated into the school curricul.um; and
(B) will ~~tudent achievement and progress to
ward meeting~AticnuH EStleat;isR Ge~and any chal
, ......;'\
frJ,l,\J'w) ""' lengmg State content standards and Sta student per
\!::
formance standards that may be developed __
'(2)
describe how the applicant included
parents. public libraries. business leaders, and community
leaders in the development of the strategic long-term local
technology plan described in paragraph (1);
any 0
ear may apply for financial assistance as part -of a con
sortium wi
r local educational agencies, institutions of higher
education, interm'
educational units, libraries, or other edu
cational entities appropn
provide local programs. The State
educational agency may assist 1
formation of consortia among
local educational agencies, providers
ducational services for
adults and families, institutions of higher e
.on, intermediate
educational units, libraries, or other appropriate e
tional enti
ties to crovide services for the teachers and students in a
edu(h)
v
~
(e) COoR.OINATION OF APPLICATION REQUIREMENTS.-=-If ~
e81:teational BgeDeilsubmitting an application for assistance under
this section has developed a comprehensive education improvement
plan, in conjunction with requirements ~der this Ae~ or t:he GOIHs
9999: E8tlee~:\:meFiea t .."i) the State educational ~ency ~ay ap
prove such pIan, or a compo~ntof SUch. plan, notwithstanding the
requirements of sub~on (e if the State educational agency de
termines that such approv wo\lld further the purposes of this
subpart.·
~~ fu.. '·(..n"]
G
NOLOGY IN EDUCATION,
AT.JTIIORlZED.
(1) IN G
-From amounts made available under sec
tion 3115(bX1) for
fiscal year4e Secretary is authorized
to award grants, on a co
. 've basis, to consortia having ap
plications approved under sub
. (d), which consortia shall
include at least one local education
cy with a high perCentage or number of children living below
ve
line and
may include other local educational agencies, Sta
cational
agencies, institutions of higher education, businesses, aca
~
erica's Education Goals
C~lNld I>l
)
1ftU\.']
eligible local applicant
~ under this Act.
"(4) describe how the applicant would use
subgrant funds to benefit low-performing schools;
'(5)
ciescril:.a how the applicant will ensure that
technology is acces~ible to. and usable by. all students.
particularly students with disabilities or limited English
;>roficiency;
'(6)
include an assurance that. before any-funds
received under this part are used for acquiring wiring or
access to advanced telecommunications. the applicant will
use all resources available to it through the E-Rate;
"(7)
if the applicant is a partnership. describe
the members of the partnership. their respective roles. and
their respective contributions to improving the capacity of
the local educational agency; and
~Lf/b elXJ':(Z)
(!:J)
�" -
-
®
~
"DEFINITIONS
"SEC.~
For purposes of this subpart
"(1)
'eligible local applicant' means
"(AI a local educational agency that, as
determined by the State educational agency,
"(il
is among the local educational
agencies in the State with the highest numbers or
percentages of children from households living in poverty;
"(iiI
includes one or more low
performing schools; and
"(iii) has a substantial need for
assistance in acquiring and using technology; or
"(S) a partnership that includes at least
one local educational agency that meets the requirements of
subparagraph'(A) and at least one
"(il
local educational agency that can
demonstrate that teachers in schools served by that agency
are using technology effectively in their classrooms;
"(iiI
institution of higher education;
"(iii)
for-profit organization that
develops, designs, manufactures, 'or produces technology
products or services, or has substantial expertise in the
application' of technology; or
"(iv) public or private non-profit
organization with demonstrated experience in the
application of educational techn9logy; and
"(2)
'low-performing school' means a school
"(AI
identified by the local educational
agency for school improvement under section ll16(c) of this
Act; or
"(S)
in which a substantial majority of
students fail to meet State performance standards based on
State or local assessments that are aligned to the
performance standards.
~THORIZATION
OF APPROPRIATIONS
"SEC.~
For purposes of carrying out this
subpart, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and for each of
the four succeeding fiscal years.
>tfl1.,
-:;'W0
�~
2>(
ntent experts, software designers, museums, libraries, or
er appropriate entities.
.
(2) DURATION.-Grants under this section shall be award
ed
a period of 5 years.
(b)
E OF GRANTS.-Grants awarded under subsection (a)
shall be us for activities similar to the activities described in sec
. tion 3134.
(c) Pruo
.-In awarding grants under this section, the Sec
retary shall giv riority to consortia which demonstrate in the ap
plication submi
under subsection (d) that
(1) the p 'ect for which assistance is sought is designed
to serve areas ·th a high number or percentage of disadvan
taged students or e
atest need for educational technology;
(2) the project . directly benefit students by, for exam
ple, integrating the cqUired technologies into curriculum to
help the local educati
agency enhance teaching, training,
and student achievemen .
(3) the project will e ure ongoing, sustained professional
development for teachers, dministrators, and school library
media personnel served by
local educational agency to fur
ther the use of technology in e classroom or library media
center;
(4) the project will ensure
ccessful, effective, and sus
tainable use of technologies acq
d under this subsection;
and
(5) members of the consortia or 0 er appropriate entities
will contribute substantial financial
d other resources to
achieve the goals of the project.
(d) APPLlCATION.-Each local educatio
grant under this section shall submit an app~atioxi to the Sec
retary at such time, in such manner, and accomp
formation as the Secretary may reasonably require.
SEC. 3137. [20 U.s.c. 6847] FEDERAL ADMINISTRATION.
(a) EvALUATION PRocEDURES.-Tbe Secretary
s
procedures for State and local evaluations of the progr
this subpart.
(b) EvALUATION SUMMARY.-Tbe Secretary shall SUbIDl~the
Congress four years after the enactment of the Improving
eri
ca's Schools Act of 1994 a summary of the State evaluations 0 ro
g;ams under this subpart in accordance with the provisions of
@
I I
SUBPART 2 - REGIONAL TECHNOLOGY IN EDUCATION CONSORTIA
GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.
~.
~
t...::.:I
(20 U.s.c. 6861] REGIONAL TECHNICAL SUPPORT AND PRO
FESSIONAL DEVELOPMENT.
(a)~VFFB At:m19RI~
1) AUTHORlTY.- e Secretary, through the Office of Educational Technology, shall make grants in accordance with the
provisions of this section, to regional entities such as the Ei
senhower Mathematics and Science Regional Consortia under
part C of title XIII, the regional education laboratories, the
I
"(I) AUTHORITY. The Secretary, through the
Office of Educational Technology, shall make grants, or
enter into contracts or cooperative agreements, in
accordance with the provisions of this subpart, to
consortia that meet the requirements of paragraph (2).
In
making such awards, the Secretary shall ensure, to the
extent possible, that each geographic region of the United
States shall be served by a recipient of an award under
this subpart.
?tt.iU(IJ'( I)
�,mprehensive regional assistance centers, or such other re
gional entities as may be designated or established by the Sec
n tary. In awarding grants under this section, the Secretary
sllall give priority to such consortia and shall ensure that each
gu)graphic region of the United States shall be served by such
a oonsortium.
(2) REQUlREMENTS.-Each consortium receiving
I!!'f"ftftt
UDder this 6eGtieiTshall
(A) be co'fuposed of State educational agencies, institu
tions of higher education, nonprofit organizations, or a
combination thereof; ..
L
r;q.o. •
t i · t h State and local e d uca ti onaJ
(C) ~
{U/ In C()Opera on WI
agencies, develop a regional program that addresses pro
fessional development, technical assistance, and informa
tion resource dissemination, with special emphasis on
meeting the documented needs of educators and learners
in the region; and
(D).(
te) foster regional cooperation and resource and
coursework sharing.
(jJ)
C(
€
(b) F'uNcnONS.
(1) TECHNICAL ASSISTANCE.-Each consortium receiving
'). an award under this subpart
'
h
ln a
e---7
'
dd"
")
• (B ) , meetht t e r~qulremtentsf of section 2421
this subpart;
l.tl.on to mee t lng
e requlremen s 0
'!
an award under this subpart
grant l2!I:oer t:ms seetieg shall, to the extent practicable
(A) collaborate with State educational agencies and
local educational agencies requesting collaboration, par
ticularly in the development of strategies for assisting
those schools with the highest numbers or percentages of
disadvantaged students with little or no access to tech
nology in the classroom;
.
J
(B) ~rovide JiBfeet~lIUHl~.tik9'8B&;'~!&~*l&eelH~~iBt88titiIH8D;r.:w'''R~.lfth-i'iMIHei8!'ftiPB*8i--~) inforrna t ion
t
lion available f'iom.4fte..-SeSP8~ to State educational
agencies, local educational agencies, schools and adult edu
catiOD. programs, on the types and features of various edu
cational technology equipment and software available,
f!'tt'elttat;e &:Be make reeemmeeeetieBS aD eq:tHl'meDt 8:Bd
:::zr:! ~·~=!ila:d~o~¢i: :~
if effective applica
__
and school library
media ~ters in order to support the purposes of this part;
(C) collaborate with such State educational agencies,
local educational agencies, or schools requestin
. .
•
assistance in applying advanced
technologies and web-based resources in order to design
learning environments for the ,21st Century; and
••
ehalleD~ei State ;Gnlent &tang
artie er ehallertgiftg Stete stueeftt peri6l"m8:D:ee 8taBEimods
t!te. may 'be de.. e1e~ee: &:B~
poi-t::i:rtg materials t6 meet
sistance to facilitate use of the
electronfc dissemination networks by State and local edu
cational agencies and schools throughout the region.
)2) PROFESSIONAL DEVELOPMENT.-Each consortium receiv
in~
. . shall to the extent racticable
(A) develop and imp ement. in.co a ration WI
tate
~ucational agencies 'and institutions of higher education, ..
(!9d'o9l,agy sps_e, eageiBg prefeseieaal ae'"elepme&;9 such
SJr--
/
an award under this subpart
~sustained and intensive high-quality professional
development that prepares educators to be e:fective
developers, users, and evaluators of educatl.onal
technology,
'lrIUCq'(y)
(ex"'~4)
�::::--
(jj>
(i) intensive school year and summer workshops
~ for tach ers, a din' .
h 1
e
:tmstrators, sc 00
librarians, and other education personnel' and
£j,.a6 Me I
tieeehel'6, eehgellibrarhu:III, aDd scbool HbraQl
.
th:
h
h I lib .
persorme to trMD «> er f;e~el'8, Be OOl'ananS,
and othet schoollibl ary media pel'8ODDel; an-!1
(ii) distance professional development, including
(l) interactive training tele-courses using re
searchers, educators, and telecommunications per
sonnel wbo have experience in developing, imple
menting, or operating educational and instruc
tional technology as a lea.r.oiIlg tool;
".
..;
.'
..
'
!
I
"
educatio
-. truction8.l technology and to
develop their own ins
.
materials for effec
?vely .incorporating technology an
ming
(II)
and
the use of advanced telecommunications and distance learning networks to
'" t:tCttL
<Jil:de.elop tt"'ainiil£' reso'tUee8 tha....
relevant to the needs of the region and
schools ~theregion;
. (ii) are re
t to the needs of adult literacy staff
and volunteers. in ding onsite courses on how 10(l) use instructrb~ technology; and
(ll) develop instruCtional materials for adult
learning; and
"
(iii) are aligned with the needs of
ministrators in the region;
(e) establish a repository of professional deveIOp~
and tedririca:l assistance lesomces,
(B) -(
(D) identify and link technical assistance providerS to
State and local educational agenciea, as needed;
(e)
(E) ensure that training, professional development,
and technical assistance meet the needs of educators, par
ents, and students served by the region;
(D) <!::
(F) assist colleges and universitiea within the region to
develop and imJlement preservice training programs (fep
stttdents enroll in teaefter.:-education-progmm~
(E) <.
(G) assist local educational agencies and schools in
working with community members and parents to6!e-.'elep I
seppe'f't. fN~ communities and parents for educational
technology programs and projects..
.,.
"1htl'1
coordinated with other programs
supported under this title, that incorporate the effective
use of advanced technology into teacher preparation
courses; ~ ~_
increase the involvement and support of
<
an award under this subpart
(3) INFoRMATION AND RESOURCE DISS'EMINATION.-Each
consorti~ receiving~gNBt 'I:1BSeF this seet.i'i,shall, to the ex-
tent practicable- •
~) assist State and local educational agencies in the
(B)
identification and procUrement of financial, technological
I
J
"(A) maintain, or contribute to, a
nationally' accessible repository that contains information
about effective uses of educational technology, including
for sustained and intensive, high-quality professional
development, and disseminate that information nationwide;
and
JrI.21 (bXv,(lt,X')
(~y6-)
�~
(C) "
..,..,-
~
.""..r
0
and human resources needed to implement technology
plans; "
(B) provide outreach and, at the request oC a State or
local educational agency, work with such agency to assist
in the development and validation oC instructionally based
technology education ~O,u::ceSLM1J)
.
'
.
with org , . ns and institutions oC higher education
that represent the
sts oC the region as such interests
pertaiI\ to the application 0
ology in teaching, learn
ing, instructional management,
s
'ation, collection
and distri~ution oC ,educati9nal statistics, an
ansfer
under thiS
all work collaboratively,- and 'coordinate
the services the consorti
"
with tlppropriate regional
and other entities assisted in whole or '
b the Depart
">
@
and
').(£>
"(4) Each consortium receiving an award under
subpart shall
"(AI collaborate. and coordinate the
services that it provides. with appropriate regional and
other entities assisted in whole' or in part by the
Department;
"IB) coordinate activities and establish
partnerships with organizations and institutions of higher
education that represent the interests of the region
regarding the application of technology to teaching.
learnipg. instructional management. dissemination. the
'collection and distribution of educational statistics. and
the transfer of student information; and
"(C) collaborate with the Department and
recipients of funding under other technology programs of
the Department. particularly the Technology Literacy
Challenge Fund under subpart 1. and the Next-Generation
Technology Innovation Awards program under subpart 1 of
part B, to assist the Department and those recipients as
requested by the Secretary.
[20 U.s.c. 6871] EDUCATIONAL TECHNOLOGY PRODUcr DE
VELOPMENT.
sE.-It is the purpose oC this subpart to.
(1) s port development of curriculum-based learning re
sources us
state-of-the-art technologies and techniques de
signed to im ve student learning; and
(2) suppo development oC long~term comprehensive in
structional pro
ing and associated support resources that
ensure ma:rimum
by all educational institutions,
(b) FEDERAL AssIST
"AUTHORIZATION OF APPROPRIATIONS
"SEC.~ For purposes of carrying out this
subpart. there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and for each of
the four succeeding fiscal years.
CE AtrrHORIZED,
(1) IN GENERAL.
e Secretary shall provide assistance,
on a competitive basis,
eligible consortia to enable such enti
ties to develop, produce,
d distribute state-oC-the-art tech
nology--enhanced instructio
resources and programming Cor
use in the classroom or to su
rt proCessional development Cor
teachers.
(2) GRANTS AND LOANS A
RIZED.-In carrying out the
purposes of this section, the Secre
is authorized to pay the
Federal share of the cost oC the dev opment, production, and
distribution of state-of-the-art techn gy enhanced instruc-'
tional resources and programming
(A) by awarding grants to, or en ring into contracts
or cooperative agreements with, eligible
'a which(B) by awarding loans to eligible co
CO shall be secured in such manne and be repaid
within such period, not exceeding 20 y
, as may be
'determined by the Secretary;
(il) shall bear interest at a rate determi d by the
Secretary which shall be not more than the tal oC
one-quarter oC 1 percent per annum added to t.H rate
oC interest paid by the Secretary on funds ob . ed
from the Secretary of the Treasury; and
(k~ if- 1. Ut. ~]
~1.{.2/(~X'-l-~
Wz,y
�~
__ l
,11,A
-', -ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965 _
TITLE VIII - IMPACT AID
-
SHOWING CHANGES PROPOSED BY
-PRESIDENT CLINTON'S
EDUCATIONAL EXCELLENCE FOR ALL
CHILDREN ACT OF 1999
MAY 21,1999
�1lJl-1
TITLE VIll-IMPACT AID
.
Sbowing cbanges proposed by tbe
Educational Excellence for All Cbildren Act of 1999
n order to fulfill the Federal responsibility to assist with the
proVl ' n of educational services to federally conned,ad children, be
cause ce 'n activities of the Federal Government place a financial
burden on
local educational agencies serving areas where such
activities are
oed out, and to help such children meet challeng
ing State stand
it is the purpose of this title t.o provide finan
educational agencies that
cial assistance to 1
(1) experience
ubstantial and continuing financial bur
den due to the acq 'tion of real property by the United
States;
(2) educate children vili
whose parents are employed on deral property;
(3) educate children of 'paren who are in the military
services and children who live in lowt housing;
(4) educate heavy concentrations of . dren whose parents
are civilian employees of the Federal Gove
reside on Federal property;
(5) experi"ence sudden and substantial in~es or de
creases in enrollments because of military realignme~ or
(6) need special assistance with capital expendi
construction activities because of the enrollments of subs
• PURPOSE
SEC. 8001. The purpose of this title is to provide
assistance to certain local educational agencies that are
financially burdened as a result of activities of the Federal
Government carried out in their jurisdictions. in order to help
those agencies provide edGcational services to their children.
including federally connected children. so that they can meet
challenging State standards,
SEC. 8002. [20 U.s.c. 7702] PAYMENTS RELATING TO FEDERAL ACQUl.
SmON OF REAL PROPERTY.
(a) IN GENERAL.-Where the Secretary, after consultation with
any local educational agency and with the appropriate State edu
cational agen , determines ~P 8 Bseal ya&!' 8BSiag pRer te Oel:oc
..;
(1)
at the United States owns Federal property in the
local educational agency, and that such property
(A) has been acquired by the United States since 1938;
. (B) was not acquired by exchange for other Federal
property~in the local educational agency which the United
States owned before 1939;~
(C) had an assessed v8.1ue (determined as of the time
or tiJ;nes when so acquired) aggregating 10 percent or more
,
of the assessed ~l:te ef
')
for any fiscal year..
J
value of all real property in the local
educational agency (similarly determ~ned as of the time or times
when the Federal property was so acquired); and
(D) has a current aggregate assessed value.
determined under subsection (bl (3l. that is at least 10 percent
of the total current assessed value of all real property in the
local educational agency; and
8001
8002(a)(1 )
�-VITT-
(2) that such agency is not being substantially com
pensated for the loss in revenue resulting from such ownership
by increases in revenue accruing to the agency from the con
duct of Federal activities with respect to such Federal prop
thene~~ agency shall be eligible to receive the amount described
in subsection (b).
(b) AMOUNT.- .
(1) IN GENERAL.-(AXi) The amount that a local edu
cational agency shall be paid under subsection (a) for a fiscal
year shall be calculated in accordance with paragraph (2), ex
cept that such amount shall be reduced by the 8e<:retary by an
amount equal to the amount of revenue, if any, that such agen
cy received during the previous fiscal year from activities con
ducted on such Federal property.
(ii) For purposes of clause (i), the amount of revenue that
a local educational agency receives during the previous fiscal
year from activities conducted on Federal property shall not in
clude payments received by the agency from the Secretary of
Defense to suppol1i-:
(I) the operation of a domestic dependent elementary
or secondary school; or
.
(II) the provision of a free public education to depend
ents of members of the Armed Forces residing on or near
a military installation.
(B) If funds appropriated underBea9B 9Q14(alsB re insufficient to pay the amount determined under subparagraph (A),
the 8e<:retary shall ratably reduce the payment to each eligible
.
local educational agency.
(e) Notwithstanding any other provision of this subsection,
a local educational agency may not be paid an amount under
this section that, when added to the amount such agency re
ceives under section 8003(b), exceeds the maximum amount
that su;agency is eligible to receive for such fiscal year under
sectione3fh)(1)(O' .
-
~
.I...,
')
~
section 8014 (a) (1)
8003 (b) (1) (S).
.
(2) A,pPIJCATIO OF CURRENT LEVIED REAL PROPERTY TAX
RATE.-..In . calculating the amount that a local educational
agency is eligible to receive for a fiscal year, the Secretary
shall apply the current leVied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies, or imputed for fiscally dependent local educational
agencies, to the current annually dete:n:nined aggregate as
sessed value of such acquired Federal property.
(3) DE'TERlIUNATION OF AGGREGATE ASSESSED VALUE.-Such
aggregate assessed value of such acquired Federal property
shall be determined on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined, and provided to the Sec
retary, by the local official responsible for assessing the value
of real property located in the jurisdiction of such local edu
cational agency for the purpose of levying a property tax.
.
(c) A,pPIJCABD...lTY TO TENNESSEE VAl.J.E'l AUTHORITY ACT.-For
the purpose of this section, any real property with respect to which
payments are being made under section 13 of the Tennessee Valley
Authority Act of 1933 shall not be regarded as Federal property~
'
8002(a)(2)
(C)
�d) OWNERSHIP BY UNITED STATES.-The United States shall
be d~med to own Federal property for the purposes of this Act,
whe~
1) prior to'the transfer of Federal property, the United
Sta
owned Federal property meeting the requirements of
subp ~hs (A), (B), and (C) of subsection (aX1); and
(2) the United States transfers a portion of the property
referre
in paragraph (1) to another nontaxable entity, and
the Uni
States
(~ restricts some or any construction on such prop
erty;
,
(B)
uires that the property be used, in perpetuity
for the p lic purposes for which the property was con
veyed;
(C) req' 'res the 'grantee of the property to report to
the Federal
vernment (or its agent) regarding informa
tion on the
of the property; ,
(D) except ·th the approval of the Federal Govern
ment (or its age t), prohibits the sale, lease, assigrunent,
or other disposal f the property upless. such sale, lease,
assignment, or oth disposal is to another eligible govern
ment agency; and
(E) reserves to
Federal Government a right of re
version at any time tH Federal Government (or its agent)
deems it necessary for e national defense.
(e) LocAL EDUCATIONAL AG~CoNTAINING FOREST SERVICE
LAND AND SERVING CERTAIN Co
.-Beginning with fiscal year
, 1995, a local educational agency 5 all be deemed to meet the re
quirements of subsection (aX IXC)' uch local educational agency
meets the following requirements:
(1) ACREAGE AND ACQUIsmo BY THE FOREST SERVICE.
The local educational agency serve a school district that con
tains between 20,000 and 60,000 a a of land that has been
acquired by the Forest Service of e Department of Agri
culture between 1915 and 1990, as d onstrated by written
evidence from the Forest Service satisfa ry to the Secretary.
(2) CoUNTY CHARTER.-The local edu tional agency serves
a copntV chartered under State law in 187 r 1890.
(0 SPECIAL RULE.-' (,\Beginning with fiscal y
1994, and not
withstanding any other provision of law limiting e period during
which fiscal year 1994 funds may be obligated, th Secretary shall
treat the local educational agency serving the
eatland R-ll
School District, Wheatland, Missouri. as meeting th eligibility re
quirements of section 2(aXIXC) of the Act of Septem r 30, 1950
(Public Law 874, 81at Congress) (as such section was
effect on
the day preceding the date of enactment of the Impro g Ameri
ca's Schools Act of 1994) (20 U.S.C. 237(aXIXC» or s bsection
(aXIXC).
'
(2) For each fiscal year, beginning with fiscal year ~9,
the Secretary shall treat the Webster School District, Day Co n
ty, South Dakota as meeting the eligibility requirements of su
section (a)(J)(q). of this section.
.
$- ~
8002(d)
(t)
�lJ]Il:: if
'ORMER DISTRlers.
IN GENERAL.-Where the school district' of any local
educati
agency described in paragraph (2) is formed at any
time after
38 by the consolidation of two or more former
school districtS, uch agency may elect (at any time such agen
cy files an appli .on under section 8005) for any fiscal year
after fiscal year 199
have (A) the eligibility of such local
educational agency, an
) the amount which such agency
shall be eligible to receive, termined under this section only
with respect to such of the fo er school. districts comprising
such agency shall des
such consolidated school districts
ignate in such election.
(2) ELIGIBLE LOCAL EDUCATIONAL A
CIES.-A local edu
cational agency referred to in paragrap
1) is any local
educational agency that, for fiscal year 1994 0
y preceding
fiscal year, applied for and was determined eligib
tion 2(c) of the Act of September 30, 1950 (Public ~ 874,
81st Congress) as such section was in effect for such
. (1) IN GENERAL.-Except as provided in paragraph (2)(A),
the~ a,mount that the Secretary shall pay under subsection
(b)
a local educational agency that is otherwise eligible for
nt under this section-
a pa
~) for fisCal year 1995 Shall not be less than 85 per
cent~ amount such agency received for fiscal year
oe
1994
er .section 2 of the Act of September 30, 1950
(Public
874, 81st Congress) as such section was in ef
fect on Sep mber 30. 1994;
year 1996 shall not be less than 85 per
(B) for
cent of the am unt such agency received for fiscal year
1995 under subs tion (b); and
(C) for fiscal y
1997 and each succeeding fiscal year
through fiscal year 00 shall not be less than 85 percent
of the amount such
ency received for fiscal year 1996
under subsection (b).
(2) RATABLE' REDUCTIONS. A)(i) If necessary in order to
make paymeJ:lts to local edu .onal agencies in accordance
with paragraph (1) for any fiscal ear, the Secretary first shall
ratably reduce payments under su
.on (b) for such year to
local education.8l agencieS that do no receive a payment under
this subsection for such year.
(ii) If additional funds become av
ble for making pay
ments under subsection (b) for such year, en payments that
were reduced under clause (0 shall be in ased on the same
basis as such payments were reduced.
(B)(i) If the sUms made available under . title for any
fiscal year are inSufficient to pay the full amoun that all local
ive under
educational agencies in all States are eligible to
paragraph (1) after the application of subparagr h (A) for
such year. then the Secretary shall ratably reduce
yments
under paragraph (1) to all such agencies for such year.
(ii) If additional funds, become available for makiri",-pay
ments under paragraph (1) for such fiscal year, then paYJIl'\nts
that were reduced under clause (i) shall be increased on the
same basis ~ such payments were reduced.
"(d) HOLD-HARMLESS AMQUNTS, Notwithstanding any other
provision of this section, the Secretary shall make the
following minimum payments for the following fiscal years under
this section to each local educat;,onal agency that was eligible
for, and received, a payment und~r this section for fiscal year
1999 but that, as a result of subsection (a) (1) (D), ':'3 no longer
eligible for a payment under this section;
"(1) For fiscal year 2001, 75 percent of the amount it
received for fiscal year 1999,
"(2) For fiscal year 2002, 50 percent of the amount it
received for fiscal year 1999,
"(3) For fiscal year 2003, 25 percent of the amount it
received for fiscal year 1999,".
_/
8002(g)
(h)
�PRIORITY PAYMENTS.
(1) IN GENERAL.-Notwithstanding subsection (b)(I)(B).
an for any fiscal year beginning with fiscal year 1997 for
whi
the amount appropriated. to carry out this section ex
.ceeds the amount so appropriated for fiscal year 1996-
(A) the Secretary shall first use the excess amount
(no to exceed the amount equal to the difference of (i) the
amo t appropriated to carry out this section for fiscal
year 997. and (ii) the amount appropriated to carry out
this se tion for fiscal year 1996) to increase the payment
that wo d otherwise be made under this section to not
more th 50 percent of the maximum amount determined
under suB ection (b) for any local educational agency de
scribed in
agraph (2); and
;
(B) the S cretary shall use the remainder of the excess '
amount to in ase the payments to each eligible local edu
cational agen under this section.
(2) LocAL EDUC TIONAL AGENCY DESCRIBED.-A local edu
cational agency des 'bed in this paragraph is a local edu
cational agency that
(A) received a ayment under this section for fiscal
year 1996;
(B) serves a scho I district that contains all or a por
tion of a United States ilitary academy;
(C) serves a school 'strict in which the local tax as
sessor has· certified tha at. least 60 percent of the real
property is federally owne . and
(D) demonstrates to
e satisfaction of the Secretary
that such agency's per-pup' revenue derived from local
s is not less than that reve
sources for current expendi
nue for the preceding fiscal ye .
G) AoDmONAL AssISTANCE FOR CE Am LocAL EDUCATIONAL
AGENCIES IMPACTED BY FEDERAL PROPER ACQUIsmON.
(1) RESERVATION.-From amoun appropriated under sec
shall provide addi
tion 8014(g) for a fiscal year, the S
tional assistance to meet special circum tances relating to the
proviSion of education in local educatio
agencies eligible to
receive assistance under this section.
(2) ELIGIBILITY.-{A)' A local education
to receive additional assistance under this ubsection only if
such agency
(i) received a payment under both this ection and sec
tion 8003(b) for fiscal year 1996 and is eli "ble to receive
payments under those sections for the year
application;
(ii) provided a free public education to
"ldren de
scribed under sections 8003(a)(I)(A). (B), or (D).
(iii) had a military installation located wi
the geo
graphic boundaries of the local educational ag cy that
was closed as a result of base closure or realignme t;
(iv) remains responsible for the free public e cation
of children residing in housing located on Federal p
rty
within the boundaries of the closed military install tion
but whose parents are on active duty in the unifo ed
services and assigned to a military activity located wi "n
the boundaries of an adjoining local educational agenc ;
and
-vtIT- 5
------
8002(i)
G)(2)(A)(iv)
�-V'/It - {;
(v) demonstrates to the satisfaction of the Secretary
at such agency's per-pupil revenue derived from local
SO~for
cu:rrent expenditures is not less than that reve
nue r the preceding fiscal year.
AMOUNT.-(A) The maximum amount that a
(3)
local educati
agency is eligible to receive under this sub
year, when combined with its payment
section for an
under subsection ), shall not be more than 50 percent of the
maximum amount termined under subsection (b); ,
(B) If funds app
'ated under section 8014(g) are insuffi
cient to pay the amoun determined under subparagraph (A),
the Secretary shall ratab reduce the payment to each local
,
education agency eligible un r this subsection;
(C) If funds appropriated
der section 8014(g) are in ex
cess of the amount determined
der subparagraph (A) the
Secretary shall ratably distribute
excess funds to all local
educational agencies eligible for pa
nt under subsection (b)
of this section.
'
(k) SPECIAL RULE,-For purposes of pay
ts under this sec·
,
tion for each fiscal year beginning with fiscal yea 998(1) the Secretary shall, for the Stanley Co f!;.t:(, South Da
kota local educational agency, calculate payme~ as if sub
section (e) had been in effect for fiscal year 1994; an(
(2) the Secretary shall treat the Delaware Valley,
_
vania local educational agency as if it had filed a time~ppli
cation under section 2 of Public Law 81-874 for fiscal
SEC. 8003. [20 U.s.C. 7103J PAYMENTS FOR ELIGIBLE FEDERALLY
CONNECTED CHILDREN.
(a) CoMPT.TI'ATJON OF PAYMENT.
,(1) IN GENERAL.-For the purpose' of computing the
amount ~t a local educational agency is eligible to receive
under subsection (b), (d), or (0 for any fiscal year, the Sec
retary shall determine the number of children who were in av
erage daily attendance in the schools of such agency, and for
whom such agency provided free public education, during the
preceding school year and who, while in attendance at such
schools
(AXil resided on Federal property ,with a parent em
pI'3:~~ on Federal property sltuated in whole or in part
wi . the boundaries of the school district of such agency;
or
'
(ii) resided on Federaljroperty with a parent who is
an official of. and accredite by. a foreign government and
is a foreign military officer:
'
(B) resided on Fede;;!lroperty and had a parent on
active duty in the uniforme services (as defined in section
101 of title 37, United States Code); 4
).
eC) resided on Indian landt( .... (J)
or
8002G)(2)(A)(v)
8003(a)(1)(C)
�CD)(i) had a parent on active_ duty in the uniformed
se
(as defined by section 101 of title 37, United
States
) but did not reside on Federal property; or
(ii) ha
arent who is an official of, and has been ac
credited by, a
' government and is a foreign military
officer but did not
'.de on Federal property;
(E) resided in lowt housing;
.
(F) resided on Fede
perty and is not described in
subparagraph (A) or (B); or
(G) resided with a parent e
erty situated
(i) in whole or in part in the co
in which such
agency is located, or in whole or. in Pru:t 1 uch agency
if such agency is loe.ated in more than one
ty; or
(ii) if not in such county, in whole or in part
the
(2) DETERMINATION OF WEIGHTED STUDENT UNITS.-For the
purpose of computing the basic support payment under sub
section (b), the Secretary shall calculate the total number of
weighted student units for a local educational agency by add
ingtogether the results obtained by the following compu
tations:
(A) Multiply the number of children described in sub
para~phs (A) and (B) of paragraph (1) by a factor of 1.0.
(B) Multiply the number of children described in para
graph (lXC) by a factor of 1.25.
I(
(0) Multiply the num~D d.escdbed iD-Sllh
aragraphs ( A) and (B) of paragraph (1) by a factor of .35
the local educational agency has
(i) a number of such children described in such
s'W>paragraphs which exceeds 6,500; and
") an average daily attendance for all children
whi exceeds 100.000.
(D) M 'ply the number of children described in sub
paragraphs ( and (E) of paragraph (1) by a factor of .10,
(E) Multiply
e number of children described in sub
par~graphs (F) an
G) of paragraph (1) by a factor of .05,
(3) SPECIAL RULE.- , e Secretary shall only compute a
payment for a local educa
al- agency for children described
in subparagraph-(F) or (G) 0 aragraph (1) if the number of
such children equals or exceed .000 or such number equals
or exceeds 10 percent of the total umber of students in aver
age daily attendance in the schools 0 uch agency.
UNDERGOING RENOVA(4) Mll.JTARY INSTALLATION HOUS
T10N,-For purposes of computing the
unt of a payment for
a local educational agency for children de 'bed in paragraph
(lXD)(i). the Secretary shall consider such ' dren to be chil
determines,
dren described in paragraph (lXB) if the Secre
on the basis of a certification provided to the
tary by a
designated representative of the- Secretary of De nse, that
such children would have resided in housing on Fede
prop
erty in accordance with paragraph (lXB) except tha such
housing was undergoing renovation on the date for whic the
Secretary determines the number of children under paragra
JjJl-7
~
(1).
8003(a)(1 )(D)
(4)
�vrrr - Y
(b) BASIC SUPPORT PAYMENTS AND PAY.M:ENTS WITH RESPECT
FIscAL YEARS IN WHICH INSUFFICIENT FuNDs ARE APPRO
TO
PRlATED.
-
(1) BASIC SUPPORT PAYMENTS.- .
(A) IN GENERAL.-F'rom the
amount appropriated
under'
or a fiscal ear, the Secretary is authorize to make basiC suppo paymen
educational agencies with children described in subsection
V
section 8014 (a) (2)
(a).
"(e) (i) .In determining the items described in
clauses (i) through (iii) of subparagraph (B), the Secretary
shall use data for the third year preceding the fiscal year for
which the calculation of maximum payment amounts under that
subparagraph is being made, except as prOvided in clauses (ii)
and (iii) of this subparagraph.
"(ii) If the State does not provide all
necessary data for the item described in clause (i) of
subparagraph (B) by September 30 of the fiscal year preceding
the year for which the payments are made, the Secretary shall
use the greater of the items described in clauses (ii) and (iii)
of that subparagraph.
(iii) If satisfactory data from the third
preceding fiscal year are not available for any of the items
described in clauses (i) through (iii) of subparagraph (B), the
Secretary shall use data from the most recent fiscal year for
which data that are satisfactory to the Secretary are
available.
a basic 8U~port payment under subpara~aph
'(A) for a
ear Wlth respect to a number of children
ubsection (aX 1) only if the number of
determined un
children so de
with respect to such agency
amounts to the lesSer of(i) at least 400 such
;
(ii) a number of such'
which equals at
least 3 percent of the total number
children
were in average daily attendance, during
the ~~!S of s,!~ ~n~. and for whom su
to
(~)
greatest
(')
'(
(Ii) (
{iii) the comparable local contribution rate cer
tified by the State. as determined under regulations
~rescribed to carry out the Act of September 30, 1950
(PUblic Law 874, 818t Congress),.R such regulations
were in effect on January I, 1994; ~
. . (h-.) the average per-pupil expenmture of the State
in which the local educational agency is located, multi- .
plied by the local contribution percentag':l •
.
.
,
or - - - ,
~
"(iii) the average per-pupil expenditure of
all of the States, multiplied by the local contribution
percentage for the State.
(2) PAYMENTS wrm RESPECT TO FISCAL 'YEABS IN WHICH IN
SUFFICIENT FUNDS ARE APPROPRIATED.
CA) IN GENERAL.-For any fiscal~ear in which the
sums appropriated underilNeB 8014 1:ifiinsufficient to
pay to each local educational agency tlie
amount com
puted under p~ph C1?1 !he Secretary shall make pay
ments ill accordarice with tnis paragraph.
.
>
' section 8014 (al (2)
8003(b)(l)
(2)(A)
�1!J1- 9
(B) LEARNING OPPORTUNITY' T'.HliEsHOLD PAYMENTS.-tru
For fiscal years described in subparagraph (A), the Se"7l
retary shall compute a learning opportunity threshold pay
ment (hereafter in this title referred to as the "threshold
~ent") b~ multiplying the amount obtained under
.....
-graph (1
by the total percentage obtained by addmg. /.
.
(',) . ..tJ)ot.be percentage of federally connected children
for each local educational agency determined by cal
culating the fraction, the numerator of which is the
total number of children described under subsection
(a)(l) and the denominator of which is the total num
ber of children in average daily attendance at the
schools served by such agency; and
'3
~aragraPh
~
(1) (Bl
one-half of
d.i) SO percent.
(1)(
resent of the total budget of the local eQu
. cational a
, determined by calculating the frac
of which is the total amount of
tion, the numer
funds calculated for
local educational agency
under this paragrayh (not
~ amounts received
under subsection (1)), and the den' tor of which is
the total current expenditures for su
ncy in the
~~d preceding fiscal year for which the .
. a
~
..... '"'
-
;.
ihed
.in subp
e Secretary shall make payments
as a ratable distribution based upon
tation made
~TES Wfl'H-6NL...• ONe WCAb :eDeGA'i'lOt~ hGBNe¥.
.
. fN..G~.-In any of the 50 States of the United
States in which""lbere..is only one local educational agency,
the Secretary shall, fo?""'purposes of paragraphs (l)(B),
(IXC). and (~) of this subsection~""8Ub.section (e), con
sider each administrative school district in~ be
a separate local educational agency.
"(el RATABLE DISTRIBUTIONS,
For each fiscal year
descri~ed in subparagraph (A),·the Secretary shall
"(il make payments as a ratable distribution
based on the computation made under subparagraph (Bl; and
"Iii) ratably increase those payments when
the amount available exceeds the total of the amounts determined
under subparagraph IBI. except that no local educational agency
shall receive a payment under this paragraph that exceeds the
maximum payment for which it is eligible under
paragraph (1) (B) .
8003(b)(2)(B)
(3)(A)
�J]JL~ !()
(B) COMPUTATION OF MAXIMUM AMOUNT OF BASIC SUP
PAYMENT ANP THRESHOLD PAYMENT.-In computing
the~um payment amount under paragraph (lXC)
and tl:i earning opportunity threshold ayment' under
paragrapn
B) for an admmistrative ~ool district de
scribed m s
graph (A)
(i) the
ta.ry shall first determine the maxi
unt and the total current expendi
. mum payment
tures for the State
whole; and
(ii) the Secretary s
then
(1) proportionate
allocate such maximum
payment amount among
administrative school
districts on the basis of th
've weighted
student units of such districts;
(ll) proportionately allocate su
tal current
expenditures among the administrativ
001 dis
tricts on the basis of the respective numoo f stu
d-:nts in average daily attendance 'at suell
(c) PRIOR YEAR DATA.,
(1) IN GENERAL.-Except as J>rovided in ia!~!fift (g~
&:Bf
subsection (0, all calculations under this section s
be base
on data for each local educational agency from not later than
the fiscal year preeeding the fiscal year for which the agency
is making application for payment.
(2) ExCEPTION.-Calculations for a local educational agen
cy that is newly established by a State shall, for the first year
of operation of such agency, be based on data from the fiscal
year for which the agency is making application for payment.
(d) CHn.DREN WITH DlSABILITIES..
(1) IN GENERAL.-From the amount appropriated under
. --- ..- fiscal year. the Secretarv shall 'Dav to each
eligible locareducatiOnal agency,' on a pro rata baslS. tne
amounts determined byfip.·
.
,
=u1tiPl~_ the number of .children described in
subp
. phS (AXii), (B) and (e) of subsection (aXI) who
are eli . Ie to reCeive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 'et seq.) bya
ractor ) .
or l~'sa-ihed .
~~~~i5;::~ble
;
(2) USE OF FUNDS.-A local educational agency that re
ceives funds under ~Sth (1) shall. use such funds to pro
vide f!:a.ea "~N~Rate ~Q8~e edeeetie~ to children described>
in paragraph (1) in accordance with the Individuals with Dis
abilities Education Act (20 U.S.C. 1400 et seq.). .
b
~
t'
su sec
~on
(bl (1) (el, paragraph (2) of this subsection, and
section 8014 (a) 0)
., •
services
8003(b)(3)(B)
Cd)
�) HOLD-HARMLEss AMOUNTS.
(1) IN GENERAL.-{A) Except as provided in paragraph
(4 ), the. total amount that the Secretary shall pay a local
edu tional agency under subsection (b) shall not be less than
85 pent of the. amount such agency received for the preced
ing fis
year
(i) in the case of fiscal year 1995 only, under sub
secti ns (a) and (b) of section 3 of the Act of September 30,
1950
blic Law 874, 81st Congress) (as such section was
in etli on the day preceding the date of enactment of the
Improvi America's Schools Act of 1994); or
(ti) i the case of fiscal years 1996, i997,1998, or
1999, unde such subsection (b).
(B) For fisc year 1995 only. the Secretary shall pay, to
each local educa nal agency that is not eligible fora payment
under subsection ( but that received a payment under section
3 of the Act of Sep mber 30, 1950 (Public Law 874, 81st Con
in effect on the day preceding the date
gress) (as such Act
of enactment of the I proving America's Schools Act of 1994)
amount which is not l~ss than 85 per
for fiscal year 1994,
cent of the payment su agency received under such section
3 for fiscal year 1994.
(2) TwO-YEAR APPLIC,
.-Paragraph (l)(A) shall apply
to anyone local education
:ency for a maximum of two con
secutive fiscal years.
A local educational agency
(3) PHAsE.-QUT PAYME
which received a payment unde section 3(e) of the Act of Sep
tember 30, 1950 (Public Law 87 81st Congress) (as such sec
tion was in effect on the day p
ding. the date of enactment
of the Improving America's School Act of 1994) for fiscal year
1994 is eligible to receive. a payme ,under subsection (b) for
fiScal year ~995, in an amount whi
is not less than 85 per
cent of the amount received by such a ency in fiscal year 1994
under such section 3(e).
(4) RATABLE .REDUCTIONS.-{AXi) If ecessary in order to
make payments to local educational ag cies in accordance
with paragraphs (1) and (2), the Secre
first shall ratably
reduce payments under subsection (b) to local educational
agencies that·do not receive a payment unde this subsection.
(ti) If additional funds become available ~making pay- .
ments under.subsection (b) for such fiscal year, ayments that
were reduced under clause (i) shall be increas on the same
basis as such payments were reduced. .
e for any
(B)(i) If the sums made available under this
fiscal year are insufficient to pay the full amounts th t all local
educational agencies in all States are eligible to rece e under
paragraphs (1) and (2) after the application of subp ~ph
(A) for such year; the Secretary shall ratably reduce pa ents
to all such agencies (or such year.
(ll) If additional funds become available for making '}lay
ments under paragraphs (1) and (2) for such fiscal year, tJty
ments that were reduced under clause (i) shall be increased
the same basis as such payments were reduced.
JjJJ- 1/
8003(e)
�(0 ADDri'IONAL AssiSTANCE FOR HEAvn.y IMPACTED LocAL
EDUCATIONAL AGENCIES.
(1) REsERVATION.-F'rom amounts appropriated under~ee.
tieR 8g14(~r a fiscal year, the Secretary shall provide a ditional assis ce to meet special circumstances relating to the
provision of education in local educational agencies eligible to
receive assistance under this section.
..;;,.--
section 8014 (a) (2)
(2) ELIGIBILITY. A local ,educational agency is
eligible to receive additional assistance under this subsection
only if the Secr~_tary determines that
"(A) (i) (I) federally connected children
described in subsection' (a) (I) constitute at least 40 percent of
the agency's average daily attendance; and
"(II) it has a tax rate for general
fund purposes that is at least 100 percent of the average tax
rate for those purposes of comparable local educational agencies
in 'the State; or
'
alii) its boundaries are the same as those
of a military installation;
-(B) it is exercising due diligence to obtain
State and other financial assistance; and
"(e)
the' agency's eligibility under State law
for State aid with respect to the free public education of
children described in subsection (a) (1), and the amount of that
aid. are determined on a basis no less favorable to it than the
basis used in determining the eligibility of local educational
"agencies for State Cilid. and the amount of ,that aid, with respect
to the free public education of other children in the State.
eive additional assistance under this subsection if such
is eligible for a supplementary payment in accordance
paragraph (B) or such agencyOX!) has an enrollment of federally connected children
descnood in subsection (aXl) which' constitutes a' percent
e total student enrollment of such agency which
than 50 percent if such agency receives a pay
ment on half of children deacribed in subparagraphs (F)
and (G) 0 uch subsection, or not less tban.40 percent if
such agen does not receive a payment on behalf of such
children; an
,
,
(II) has a
rate for general fund purposes which is
at least 95 pe
t of the average £ax rate for general fund
purposes of com
ble local educational agencies in the
State;
,
Ument of federally connected chil
(iiXI) has an ~
dren desciibed in s section (aXl) which constitutes at
total student enrollment of such
least 35 percent of
agency; and
(II) has a tax rate fl general fund purposes which is
at least 125 percent of
average tax rate for general
fund purposes of comparab
the State; or
(iii) is a local educational
ncy whose boundaries are
the same as a Federal military
tallation.
(B) H the current expenditures
those local educational
agencies which the Secretary has de
. ed to be generally
ncy for which a com
comparable to the local educational
putation is made under subsection (bXl ) are not reasonably
comparable because of unusual geographi .
fect the current expenditures necessary, to'
agency, a level of education equivalent to
t maintained in
such other agencies, then the Secretary shall 1 crease the local
contribution rate for such agency by, such an
unt which the
Secretary detennines will compensate such age
for the in
crease in current expenditures necessitated by s ch unusual
geographical factors. The amount of any such sup lementary
payment may not exceed the per-pupil share (com ted with
regard to all children in ave~e daily attendance),
deter
mined by the Secretary, of the Increased current expe itures
necessitated by such unusual geographic factors.
, (e) Any local educational agency determined eligible
clause (iii) of su,l:>paragraph (A) shall be deemed to have
to
the tax effort requirements for eligibility under clause (i)(IIl. or
(aXil) of such subparagraph.
-vJil- 1'1/
:"
"
8003(t)(1 )~
(2)(C)
�(D) A local educational agency mall only be eligible
eive additional assistance under this subsection if the
tary determines that,
(i) ,such agency is exercising due diligence in
axailing itself of State and other financial assistance;
an'V
'
il) the eligibility of such agency under State law
te aid with respect to the free public education
dren described in subsection (a)(1) and the
of such aid are determined on a basis no less
to such agency than the basis used in deter
IDlnmg ~eli,gibility of local educational agencies for
State aid,
d the amount of such aid, with respect to
the free p blic education' of other children in the
State.
~
(3) MAxIMuM PA
NTS.
(A) IN GENE
-Subject to subparagraph (B), the
Secretary shall de
'ne the maximum amount that a
local educational age cy may receive under this subsection
(other than any amo t received under paragraph (2XB»
in accordance with til following computations:The Sec
retary, in co~unction ·th the local educational agency,
shall first determine each f the following:
(I) The aver e per-pupil expenditure of the
State in which the ocal educational agency is lo
cated.
(II) The average r-pupil expenditure of gen
erally comparable 1
educational agencies lo
cated in the State of th local educational agency,
as defined in regulatio issued by the Secretary.
(III) The average
-pupil expenditure of
three generally comparable oeal educational agen
cies located in the State 0 the local educational
agency, . as defined in re
.ona issued by the
Secretary.
The local educational agency shall select o~e of the amounts
determined under subclause (I), (II), or (III) for p
maining computations under this subparagraph.
(il) The Secretary shall next multi~ythe amount
determined under clause (0 by the to
number of
students in average daily attendance at e schools of
the local educational agency.
(ill) The Secretary shall next subtrac
amount determined under clause (il) all fi
able to the local educational agency for
penditures, but, except as provided in subp
(e), shall not so subtract funds provided
(I) under this Act; or
(II) by any department or agency of the Ped
eral Government (other than the Departme~t)
that are used for capital expenses.
1JJJ ~
I",
(3) MAXIMUM PAYMENTS. The Secretary shall determine
the maximum amount that a local educational agency may receive
under this subsection as' follows: "
"CAl PER-PupIL COST FACTOR. The local
educational agency shall choose eitherO(i) the average per-pupil expenditure of
the State in which the agency is located; or
O(ii) the average per-pupil expenditure of
at least 10 generally comparable local educational agencies in
the State. '
'
" (S) TOTAL COST FACTOR. The Secretary shall
multiply the amount chosen by the agency under subparagraph (A)
by the average daily attendance in the agency's schools of
children described in subsection (a) (1) .
" (C)
UNMET NEED. The Secretary shall
• (i) multiply
"(I) the amount of funds available to
the agency for current expenditures (determined in accordance
with subparagraph (D»; by
·(11) the percentage of the agency's
average daily attendance comprised of children described in
subsection (a) (1);
"Iii) subtract the amount determined under
clause (i) from the amount determined under subparagraph (S);
and
·(iii) subtract the amount of any payments
to the agency for that fiscal year under subsections (b)' and (d)
of this section.
• (Dl AMOUNT AVAILABLE FOR CQRRENT EXPENDITURES
In determining the amount of funds available in any fiscal year
to a local educational agency for Current expendi::'lres (as
defined in section 8013 (4» under subpa,ragraph (C) (i) (I). the
Secretary shall also include. with respect to the local
educational agency's opening cash balance for that fiscal year.
the 'portion of that balance that is the greater of
,
"(i) the amount that exceeds the maximum
amount of funds for current expenditures that the agency was
allowed by State law to carry over from the prior fiscal year,
if State restrictions on those amounts were applied uniformly to
all local educational agencies in the State; or
"Iii) the amount that exceeds 30 percent of
the agency's operating costs for the prior fiscal year.
8003(f)(2)(D)
(3)(A)(iii)
�(iv) If the tax rate used by the local educational
a ncy is greater than 95 percent, but less than 100
pe nt, of the tax rate of comparable local educational
agen .es, the Secretary shall next multiply the amount
dete . ed under clause (iii) by the percentage that
the
ate of the local educational agency is ofI) the average tax rate of its generally com
para e local educational agencies; or
(
the average tax rate of all the local edu
cation agencies in the State in which the local
educatio
agency is located.
cretary shall next subtract the total
(v) The
amount of pa ents received by a local educational
agency under s bsections (b) and (d) for a fiscal year
from the amo
determined under clause (iii) or
clause (iv), as the ase may be. .
(B) SPECIAL RULE. With respect to payments under
this .subsection for a
cal year for a local educational
agency described in cIa
(ii) or (iii) of paragraph (2)(A),
the maximum amount of ayments under this subsection
shall be equal to
.
(i) the product of
(I) the average
r.pupil expenditure in all
States multiplied by O. , except that such amount
may not exceed 125 pent of the average per
pupil expenditure in all cal educational agencies
in the State; multiplied b
(II) the number of stu ents described in sub.
paragraph (A) or (B) of su ection (aXI) for such
agency; minus
(li) the amount of payments ~ch agency receives
under subsections (b) and (d) for su
TITl--- Il(.
----
(e) DETERMINATION OF AvA.ILA.J3LE
termining the amount of funds aVailable~e local edu
cational agency for current expenditures or purposes of
subparagraph (AXili) for a fiscal year~ the
cretary shall
include, with· respect to the local educati al agency's
portion of
opening cash balance for such fiscal year,
such balance that is the· greater of
mthe amount that exceeds the maxim
of funds for current expenditures that the
cational agency was allowed by State law tQ
from the prior fiscal year, if State restrictions
amounts were applied uniformly to all loe
cational agencies in the State; or
.
(ii) the amount that exceeds 30 percent of
local educational agency's operating costs for the p
this su
the Secretary shall use student, revenue, ex
penditure, and
from the second fiscal year preceding
the fiscal year for whi
al educational agency is apply
ing for assistance under this su
.
(4) ~ In determining a local educational
.agency's eligibility for. and the amount of. any payment under
this subsection for any fiscal year. the Secretary shall use
"(A) student. revenue. expenditure. tax, and
other necessary data from the second preceding fiscal year. if
the agency (or the State educational agency) provides the
Secretary those data within 60 days of being requested in
writing to do so; and
"(B) if any of those data are not provided by
that deadline. such data from the most recent preceding fiscal
year for which ~ata that are satisfactory to the Secretary are
available.
8003(f)(3 )(A)(iv).
(4)
�(5) REDUCTION
IN
PAYMENTS.-If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
1.11]- - I~
IN GENERAL.-If any local educational agency receives
funds from sources other than this title to carry out
es of this title for any fiscal year due to the enroll
ment of . dren described under subsection (a). then the Sec
retary shall. nsider such funds as a payment to such .agency
under this p
for such fiscal year.
(2) SPECIAL OLE.-Notwithstanding any other provision of
law. if funds app riated pursuant to section 8014(b) for pay
ments under subs 'on (b) to such agency for a fiscal year
which, when added
the funds described in paragraph (1) re
ceived by such agen for such fiscal year, exceed the maxi
mum amount describe under subsection (bX1XC), then the
Secretary shall make av' ble from the funds appropriated
under section 8014(b) for s
fiscal year such excess amounts
to any local educational age
serving two or more children
described under sub~aragraph B) or (D) of subsection (aX1)
who have a severe disability an a parent serving in the uni
formed services (as defined by s 'on 101 of title 37, United
States Code) who is assigned to a
'cular permanent duty
station for compassionate reasonS (co assionate post assign
ment) for the total costs associated witll uch children who are
provided an educational program provide outside the schoolS
of such agency. .
.
(3) REMAINING FUNDs.-If funds rem' after payments
are made undersha~ph (2) for any: fiscal ye
then such re"
mainin~ funds
all be made available for expe .tures under
subsection (d) in such fiscal year on a pro rata bas consistent
with the requirements of such subsection.
. (4) RATABLE REDUCTIONS.-If amounts available
carry
out paragraph (2) for any fiscal r~~ are insufficient to ay in
full the total payment that all eligible local educational en
cies are eligible to receive under such paragraph for such y. '
then the Secretary shall ratably reduce such paYments to su
'ltgel'teieS for Stieft ,em'.
encyreceivini fun
may also receive fun s
ection 6 of the Act of September 30,
1950 (Public Law 874, 81st Con
such section was in effect
~n .th~ ~ay.p~~g_
th~ date of enactment of tlie
R:
,
.
receive
der sections 8002 and 8003(b) for any nsCal year
. only if the State e
. aI agency finds that either the combined
fiscal effort per student or
ate expenditures of that agen
cy and the State with respect to the p .. of free public edu
cation by that agency for the preceding fiscal y
not less
than 90 percent of such combined fiscal effort or aggregate
.
tures for the sebond preceding fiscal year.
(h) OTHER FEDERAL FUNDS. Notwithstanding any other
prOVision of law, a local educational agency may not receive a
payment under this section for children claimed in its
application if Federal funds (other than funds under this title)
provide a substantial portion of the educational program for
those children.
8003(f)(5)
(i)
�'llJI--- /6
dren
.ding on Indian lands for the purPose -of reeeiving funds
under sec .
8003 shall establish policies and procedures to en
. sure that
(1) sucn
. dren participate in pro~s and activiti~s
supported by su funds on an equal basIS WIth all other 'chil
dren;
(2) parents of suc
. dren and Indian tribes are afforded
an opportunity to presen
eir views on such programs and
activities, including an oppo
·ty to make recommendations
on the needs of those children
d how the local educational
agency may help such children re
the benefits of such pro
grams and activities;
d and involved in
(3) parents and Indian tribes are cons
planning and developing such programs and a ·vities;
(4) relevant applications, evaluations, and
gram plans
are disseminated to the parents and Indian tribes;
,
(5) parents and Indian tribes are afforded an opp unity
,to present their views to such agency regarding ouch age
5
aeBeral eQUGaQenal pro
residing on
,section 8003 shall
, residing 0
•an lands for the purpose o( receiving funds under
section 8003 sh
required to comply with the requirements
of subsections (a) and (b) 0
cal year with respect to any In
dian tribe from which such agency
ived a written state
ment that the agency need not comply wi
~bs~tio_ns be
cause the tribe is satisfied with the provision of edu~
v.u"""",",,,,,,chnical assistance to local educational agen
.
tribes to enable such agencies. par
cies, parents, an
ents, and tribes to carry 0
. s section; and
(2) enforce this section thiO
include the withholding of funds, as
to be appropriate, after affording the affected1beal educational
age~cy! parents, and Indian tribe an opportwlit~'"'"
receiving funds under section 8003 shall ensure that those
children participate in programs and activities supported by
those funds on an equal basis with all other children.
"(2) (A) Any local educational agency described in
paragraph (1) shall ensure that the parents of Indian children
and Indian tribes are afforded an opportunity to present their
views and make recommendations on the unique educational needs
of those children and how those children may realize the
benefits of the educational programs and activities of the local
educational agency, including the benefits of programs and
activities assisted under this Act.
"(B) (i) A local educational agency that
receives a grant under subpart 1 of part A of title IX of this
Act shall comply with subparagraph (A) through activities
planned and carried out by the parent committee established
.under that subpart.
,
"Iii) A local educational agency' that does
not receive such a grant may form an Indian parent committee to
implement subparagraph (A).
"(iii) Subject to clause (i). a local
educational agency may meet the requirements of .subparagraph (A)
by carrying out the parental-involvement requirements of section
1118 of this Act for all children it claims who reside on Indian
lands.
"(e) A local educational agency that provides
services under part A of title I of this Act for any children
residing on Indian lands that it claims for the purpose of
receiving funds under section 8003 shall ensure that it complies
with section 1118 with respect to those children and their
parents.
"(3) A local educational agency may use funds
provided under section 8003 (other than under section 8003Cd)l.
for activities designed to increase tribal and parental
involvement in the education of Indian children, including, but
not limited to, parent education, professional development
related to the. unique educational needs of Indian children, and
implementing model educational programs that are proven to be
effective for Indian children.
(bl RECORDS. Each local educational agency described in
subsection (a) shall maintain records demonstrating its
compliance with that subsection.
(c)
TECHNICAL ASSISTANCE AND ENfORCEMENT.
The secretary
shall
(d\ ;.4 (1) IN GENERAL.-{A) Any tribe. or its designee. which has
CoMPLAINTS.-
'
students in attendance at a local educational agency may. in
its discretion and without regard to the requirements of any
other provision of law. file a written complaint with the Sec
retary regarding any action of a local educational agency taken
pursuant to. or relevant to. the requirements of this section.
"(1) provide technical assistance, as the Secretary
finds necessary, to local educational agencies, parents, and
Indian tribes to enable them to carry out this section;
"(2) recommend activities for local educational
agencies to carry out using funds provided under section 8003 to
increase tribal and par~ntal involvement; and
"(31 enforce this section through such action (which
may include the withholding of funds I as the Secretary finds
appropriate, after affording the agency, parents, and affected
Indian tribes an 'opportunity to present their views.
8004(a)
(e)(l )(A)
�(B) Within ten working days from receipt of a complaint,
the Secretary shall-'
(i) designate a time and place for a hearing into -the
matters relating to the complaint at a location in close
proximity to the local educational agency involved, or if the
Secretary determines there is good cause, at some other lo
cation convenient to both the tribe. or its designee, and the
local educational agency;
(il) designate a hearing examiner to conduct the hear
ing; and
,
(ill) notify the affected tribe or tribes and the -local
educational agency involved of the time, place, and nature
of the hearing and send copies of the complaint to the local
educational agency and the affected tribe or tribes.
_
(2) HEAruNG.-The hearing shall be held within 30 days of
the designation of a hearing examiner and shall be open to the
public. A record of the proceedings shall be established and
maintained.
(3) EvIDENCE; RECOMMENDATIONS; cosr.-The complaining
tribe, or its designee, and the local educational agency shall be
entitled to present evidence on matters relevant to the com
plaint and to make recommendations concerning the appro
priate remedial actions. Each party to the hearing shall bear
only its own costs in the proceedings.
(4) FINDINGS AND RECOMMENDATIONS.-Within 30 days of
the completion of the hearing, the hearing examiner shall, on
the basis of the record, make written findings of fact and rec
ommendations concerning appropriate remedial action, if any,
which should be taken. The hearing examiner's findings and
recommendations. along with the hearing record, shall be for
warded to the Secretary.
(5) WRI'ITEN DETERMINATION.-Within 30 days of the Sec
retary's' receipt of the findings, recommendations, and record,
the Secretary shall, on the basis of the record, make a written
determination of the appropriate remedial action, if any, to be
taken by the local educational agency, the schedule for comple
tion of the remedial action, and the reasons for the Secretary's
decision. .
(6) CoPIES PROVIDED.-Upon completion of the Secretary's
final determination, the Secretary shall provide the complain
ing tribe, or its designee, and the local educational agency with
copies of the hearing record, the hearing examiner's findings
and recommendations, and the Secretary's final determination.
. he final determination of the Secretary shall be subject to ju
T
didal review.
.
- (7) CONSOLIDATION.-In all actionS under this subsection,
the Secretary .shall have discretion to consolidate complaints
involving the same tribe or local educational agency.
I/TiT -17
----
8004( e)( 1)(8)
(7)
�1!J1-lf
(8) WmmoLDING.-lf the local educational agency rejects
the determination of the Secretary. or if the remedy required
is not undertaken within the time established and the Sec
retary determines that an extension of the time established
will not effectively encourage the remedy required. the Sec
retary shall withhold payment of all moneys to which such
local agency is eligible under section 8003 until such time as
the remedy required is undertal,ten, except :where the complain
ing tribe or its designee formally requests that such funds be
released to the local educational agency. except that the Sec
retary may not withhold such moners during the course of the
school year if the Secretary determmes that such withholding
would substantially disrupt the educational programs of the
local educational agency.
,
(9) REJECTION OF DETERMINATlON.-lf the local educational
agency rejects the determination of the Secretary and a tribe
exercises the option under section 1l01(d) of the Education
Amendments of 1978, to have education services provided ei
therdirectly by the Bureau of Indian Affairs or by contract
with the Bureau of Indian Affairs. any Indian students affili
ated with that tribe who wish to remain in attendance at the
local educational agency agamst whom the complaint which led
to the tribal action under such subsection (d) was lodged may
be counted with respect to that local educational agency for the
purpose of receiving funds under section 8003. In such event.
funds under such section shall not be withheld pursuant to
paragraph (8) and no further complaints with respect to such
students may be filed under para~aph (1).
CONSTRUCTION.-This section IS based upon the special rela
tionship between the Indian nations and the United States and
nothing in this section shall be construed to relieve any State of
,any duty with respect to any citizens of that State.
"
~
(~)
.
SEC. 8006. [20 U.s.C. 'T105) APPLlCAnON FOR PAYMENTS UNDER SEC
nONS 8002 AND 8003.
.
(a) IN GENERAL.-A local educational agency desiring to receive
a payment under section 8002 or 8003 shall
(1) submit an application for. such payment ~ the Sec
retary; a n d ·
, .
(2) provide a copy of such application to the State edu
cational agency.
(b) CONTENTS.-Each such application shall be submitted in
such form and manner, and shall' contain such information, as the
Secretary may require, including-:
(1) information to determine the eligibility of the local edu
cational agency for a payment and the amount of such pay
ment; and
(2) where applicable, an assurance that such agency is in
compliance with section 8004 (relating torehilch:ell Asidil)g 01) ...
HUaM I a R s g ) . ·
..::
"
(C) DEADLINE FOR SUBMISSION.-The Secretary shall establish
deadlines for the submission of applications under this section.
Indian
community participation
8004(e)(8)
8005(c)
�(d) APPROVAL.
(1) IN CENERAL.-The Secretary shall approve an· applica
tion submitted under this section that
(A) except as provided in paragraph (2), is filed by the
deadline established under subsection (c); and
(B) otherwise meets the requirements of this title.
(2) REDUCTION IN PAYMENT.-The Secretary shall approve
an application filed not more than 60 days after a deadline es
tablished under subsection (c) that otherwise meets the re
/ quirements of this title, except tha!C.-BetwitJ.:lstanGmg-S8Gtitm
".,... 8993(:tthe Secretary shall reduce tlie payment based on such
late a lication by 10 percent of the amount that would other
wise be paid.
(3) LATE APPUCATIONS.-The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
Vlll·~
1'1
VISion of law, a State educational agency that had
been acce d as an applicant for funds under section 3 of the
Act of Septem
30, 1950 (Public Law 874, 81st Congress) (as
such section was in ect on the day preceding the date of en
actment of the Improvin
erica's Schools Act of 1994) in fis
cal year 1994 shall be pe
d to continue as an applicant
under the same conditions by whi
uch agency made applica
tion during such fiscal year only .
State educational
dents for which
agency distributes all funds received for the
application is being made by such State educati
agency to
the local educational agencies providing educational s 'ces to
eG. 8006.
',,'-..
~~FOR-SUDDEN-AND
SUUS:UIli
TIAL INCREASES IN ATTENDANCE OF MlLITARY DEPEND
ENTS.
(a},EuCmILITY.-A local educational agency is eligible for a
payment'under this section if.
(1)'"the number of children in average daily attendance
during th~'school year for which the determination is made is
at least 10 per:cent or 100 more than the number of children
in average daily,,~ttendance in the school year preceding the
school year for which the determination is made; and
(2) the number bf" children in average daily attendance
with a parent on active"dp.ty (as defined in section 101(18) of
title 37, United States :Code),)n the Armed Forces who are in
attendance at such agency bec~use of tlie assignment of their
parent to a new duty station between May 15 and September
30, inclusive, of the fiscal year for "wlrich the determination is
made, as certified by an appropriate lOCal official of the Depart
mentof Defense, is at least 10 percent br).,lOO more than the
number of children in average daily attendance in the preced
ing school year.
.
"~
(b) APpuCATION.-A local educational agency that"wishes to re
ceive a payment under this section shall file an appliC'aijon with
the Secretary by October 15 of the school year for which payment
is requested, in such. manner and containing such informati~as
the Secretary may prescribe, including information demonstra~
that such agency is eligible for such a payment.
8005(d)
8006(b)
�~
c)
CHILDREN To BE COUNTED.-For each eligible local edu
ca nal agency that applies for a payment under this section, the
Sec
shall determine the lesser of
(1) the increase in the number of children in average daily
atte ~ce from the school year preceding the fiscal year for
which e determination is made; and
,
(2) e number of children described in subsection (a)(2).
(d)PA~..'
.
(1) IN . '. ENERAL.-Except as provided in paragraph (2),
. from the am' unt appropriated for a fiscal year under section
8014(d), the Secretary shall pay each local educational agency
with an approveCi applicatipn an amount equal to one-half of
the national ave~~~ per-pupil expenditure multiplied by the
number of such clill~n determined under subsection (c) for
that local educational ency.
(2) RATABLE REDU lON.-(A) If the amount appropriated
to carry out this section for"any fiscal year is insufficient to pay
the full payment that all eligible local educational agencies are
eligible to receive under this\.s~tion for such year, then the
Secretary shall ratably reduce't;he payments to such agencies
,,- '.
.
for such year... '
(B) If additional funds becom:~available for making pay
mentsunder paragraph (1) for such'gscal year, payments that
were red,?-ced under subparagraph (A)"~,be increased on the
all..
same basIS as such payments were redu' d.
(e)' NOTIFICATION PROCESS."\
,
(1) ESTABLISHMENT.-The Secretary '1iIll establish, with
the Secretary of Defense, a notification proc€e;s relating to the
closure of Department of Defense facilities, or\the adjustment
of personnel levels assigned to such facilities, w~ch may sub
stantially affect the student enrollment levels 6£", local edu
catiomil agencies which receive or may receive payments under
this title.
.
(2) lNFoRMATION.-Such process shall provide timel~ infor
mation regarding such closures and such adjustments-· '\,
(A) by the Secretary of Defense to the Secretary; ~d
(B) by the Secretary to the affected local education
agencies.
--rzIj[:- UJ
8006(c)
(e)
�(a) PAYMENTS AUTHORlZED.-From the amount appropriated
for ch fiscal year under section 8014(e). the Secretary shall make
paym ts to each local educational agency
1) that re<:eives a basic payment under section 8003(b);
and
(2 ). in which the number of children determined under
section
03(a)(1)(C) constituted at least 50, percent of the
number 0 hildren who were in average daily attendance in
the schools 0 such agency during the preceding school year;
(B) in whi the number of children determined under sub
paragraphs (B)
d (D)(i) of section 8003(a)(1) constituted at
least 50 percent 0
e number of children who were in average
daily attendance in
e schools of such agency during the
school year preceding
school year for which the determina
tion is made;
(C) that receives assis
ce under section 8003(0; or
r
(D) that receives assistan under section 8006.
(b) AMOUNT OF PAYMENTS.-Th amount of a payment to each
such agency for a fiscal year shall be ual w
(1) the amount appropriated un er section 8014(e) for such
year; divided by
.
(2) the number of children de~ 'ned under section
8003(a)(2) for all local educational agen .es described in sub
section (a), but not including any children ttending a school
assisted or provided by the Secretary unde section 8008 or
section 10 of the Act of September 23, 1950
blic Law 815,
81st Congress) (as such Act was in effect on the ay preceding
the date of enactment of the Improving America's chools Act
of 1994); multiplied by
(3) the number of such children determined for su
cy.
(c) USE OF FuNDs.-Any local educational agency that re<:~ves
funds under this section shall use such funds for construction,
--
ifiTr-1{
CONSTRUCTION
SEC. 8007. la) PAYMENTS AVrHQRIZED. From the amount
appropriated for each fiscal year,under section 8014(a) (4). the
Secretary shall make a payment. to assist in the construction of
school facilities, to each local educational agency
"(I) that receives a basic payment,under section
8003(b);
"(2) in which the number of children described in
section 8003(a) (1) (C) is at least 50 percent of the number of
children who were in average daily attendance in the agency's
schools; and
"(3) that meets the requirements of this section.
"(b) APPLICATION. Each local educational agency that
wishes to receive a payment under this section shall submit an
application to the secretary at such time, in such manner, and
containing such information as the Secretary may require,
including
"(I) a description of the agency's assessment of its
school-construction needs and the results of that assessment;
and
"(2) the agency's plan for the use of the funds for
which it is applying.
" (c)
AMOUNT OF PAYMENTS. The amount of a local
educational agency's payment under this section shall bear the
same ratio to the amount available for all such payments as the
number of children described in section 8003(a) (1) (C) for that
agency bears to the total number of those children for all
agencies eligible for such a payment.
"(d) FEDERAL SHARE. (1) The Federal share of a project
under this section may not exceed 50 percent.
" (2) The Secreta.t:y shall not obligate funds under
this section with respect to an eligible local educational
agency until the Secretary is satisfied that the agency will
provide the non-Federal share of the cost of the project.
"(3) Any funds that are not obligated with respect to
a local educational agency within three years of the approval of
its application under this section shall be reallocated to other
eligible agencies.
"(e) USE OF FUNDS. A local educational agency shall use
funds received under this section only for
"(I) construction. as defined in section 8013(3); and
"(2) minimum initial equipment necessary for the
operation of a new or renovated school facility.
'",
8007
�-vIlf=
L.
SEC. 8008. (20 U.s.C. 7708] FACn.rn:ES.
(a) CURRENT FACILITIES.-From the amount appropriated for
any fiscal year under section G,g14(~ the Secretary may continue ~
to provide assistance for school facities that were supported by
the Secretary under section 10 of the Act of September 23, 1950
(Public Law 815, 81st Congress) (as such Act was in effect on the
day preceding the'. date of the enactment of the Improving Ameri
ca's Schools Act of 1994).
(b) TRANSFER OF FACILlTIES.
(1) IN GENERAL.-The Secretary shall, as soon as prac
ticable, transfer to the appropriate·local educational agency or
another appropriate -entity all the right, title. and interest of
the United States in and to each facility provided under section
10 of the Act of September 23, 1950 (Public Law 815, 81st Con
gress). or under section 204 or 310 of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Acts were in ef
fect on January I, 1958).
(2) OnIER REQUlREMENTS.-Any such transfer shall be
. without charge to such agency or entity. and prior to such
transfer. the transfer shall be consented to by the local edu
cational agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems appro
priate to ca..ny out the purposes of this title.
section S014(a)
z,,'t
15)
/
SEC. 8009. (20 u.s.c. 7709] STATE CONSIDERATION OF PAYMENTS IN
PROVIDING STATE AID.
(a) GENERAL PRoHIBmON.-Except as provided in subsection
(b). a State may not
.
(1) consider payments under this title ~ : : ~~::
Septet!l'bel 89. 1969 (PHlie Lev.' 874, 81Ei~Q > Ii ( ~ ~d
J Ael was in effeet on the aft)' p'r"eeed:i:!tg the dalie ef ell6stiiBliIR'
of tlfte &npro~ me .'=meriea's Seltool:e ~ of 1999 in determining
.year
(A) the eligibility of a local educational agency for
State aid for free public education; or
'(B) the amount of such aid; or
(2) 'make such aid available to.local educational agencies
in a manner that results in less State aid to any local edu
cational 8g!mCY that is eligible for such payment than such
~ency woUld receive if such agency were not so eligible.
(b) STATE EQUALIZATION PLANS.
agency that receives i payment under. section 8002
t the amount calculated in excess of 1.0 under
or 8003(b)
subparagraph
f section 8003(aX2» or under the Act of
Septeml:ier 30, 1950
lic Law 874, 81st Congress) as such
Act was in effect on the
receding the date of enactment
of the Improving America's
s Act of 1994 (other than an
increase m .~a~ents described
phs (2XB), (2XC),
(2XD). or (3XBXii) of section 3(d) of su
of September 30,
1950) for any fiscal year if the Secretary de
. es, and cer
tifies under subsection (cX3XA). that such State
in effect
free
a program of State aid that equalizes expenditures
public education - among local educational agencies in
State.
"(1) IN GENERAL. A State may reduce State aid to a
local educational agency that receives a payment under section
8002 or section S003 (b) (except th'e amount calculated in excess
of 1.0 under section 6003(a) (2) (B) for-any fiscal year only i f
the Secretary determines. and certifies under subsection
.
(c) (3) (A). that-
.. (A) the State has in effect a program of State'
aid that equalizes expenditures for ·fre.e public education among
local educational agencies in the State; and
"(B) the average per-pupil expenditure in the
State is at least 60 percent of the average such expenditure in
the 50 States and the District of Columbia.
8008
R000(b)(1)
�(2) COMPUTATION.
(A) IN GENERAL.-For purposes of paragraph (1), a
program of State aid equalizes expenditures among local
educational agencies if, in the second fiscal year preceding
the fiscal year for which the determination is made, the
amount of per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agency in the
State with the highest such per-pupil expenditures or reve
nues did not exceed the amount of such per-pupil expendi
tures made by, or per-pupil revenues available to, the local
educational agency in the State with the lowest such ex"
penditures or revenues by more than 25 percent.
(B) OTHER FACTORS.-In making a determination
. under this subsection, the Secretary shall
(i) disregard local educational agencies with per
pupil expenditures or revenues above the 95th per
centileor below the 5th percentile of such expendi
tures or revenues in the State; and
.
(ii) take into account the extent to which a pro
gram of State aid reflects the additional cost of provid
ing free public education in particular types of local
educational agencies, such - as those' that are geo
graphically isolated, or to particular types of students,
.such as children with disabilities.
(3) EXCEPTION.-Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State· aid, the Secretary may certify such pro
gram for any fiscal year only if
(A) the Secretary determines; on the basis of projected
data. that the State's program will meet the disparity
standard described in paragraph (2) for the fiscal year for
which the determination is made; and
(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's pro
gram met such standard for the fiscal year for which the
determination is made, the State will pay to each affected
local educational agency the amount by which the State re
duced State aid to the local educational agency.
(c) PROCEDURES FOR REvIEw OF STATE EQUALIZATION PLANs.
(1) WRITTEN NOTICE.
(A) IN GENERAL.-Any State. that wishes to consider
payments described in subsection (b)(I) in providing State
aid to local educational agencies shall submit to the Sec
retary, not later than 120 days before the beginning of the
State's fiscal year, a written notice of such State's inten
tion to do so.
(B) CONTENTS.-Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of such State's intention to consider
such payments in providing State aid.
(2) OPPORTUNITY TO PRESENT VIEWS.-Before making a de
termination under subsection (b), the Secretary shall afford th~
State, and local educational agencies in the State, an oppor
tunity to present their views.
1JI[-
~
8009{b)(2)
(c){2)
�(3) QUALIFICATION PROCEDtJRES.-If the Secretary deter
mines that'a program of State aid qualifies under subsection
(b), the Secretary shall
(A) certify the program and so notify the State; and
.
(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency ad
versely affected by such certification.
(4) NON-QUALIFICATION PROCEDtJRES.-If the Secretary de
termines that a program of State aid does not qualify under
subsection (b), the Secretary sball
(A) so notify the State; and
(B) afford an opportunity for a bearing, in accordance
with section 8011(a), to the State, and to any local edu
cational agency adversely affected by such determination.
(d) TREATMENT OF STATE Am.
(1) IN GENERAL.-If a State has in effect a program of
State aid for free public education for any fiscal year, which is
designed to equalize expenditures for free public education
among the local educational agencies of that State, payments
./
1!!1- .1#
u~e8~s8~!~eWull;!.):: ~::~:r:r..':::~:~~;
i!!ie1tte8t8"'1A11~Itf-,:MHHrffor
any fiscal year may
taken into con
sideration by such tate in determining the relative
(A) financial resources available to local educational
agencies in that State; and
(B) financial need of sucb agencies for the provision of
free public education for children served by such agency,
except that a State may consider as local resources funds
received ~der this titl~.~:rthe"(ctrof"SeP"'mb.ao.
1950 (Pubu.c Law 874, 8ht""'CO:"'fF8SSk.,-SllclL~.et....was--itt
V
effect: eft tfie day pl'eGemBg the date of enactment of iae'
Im,P&¥iag .'\meriea'e Sehesls ..A..et sf }99:9001y in propor
tion to the share that local tax revenues covered under a
State equalization program are of total local tax revenues,
(2) PRomBmON.-A State may not take into consideration
payments under this title I6JHmd.er ihe Act..o£ Sept.embeL 30
/ 1950 (PaSse I.ew 874, fnsrc9Dg:A$s5=~lY:SWili Aet
~
V .feet eft tke daypf'esemBg the date of eDactment of the Tmprov_
mil L<\merioa's SeBoola ..~..st sf 19YtJbefore such State's program
of State aid bas been certified by the Secretary under sub
section (cX3).
(e) REMEDIES FOR STATE VIOLATIONS.
(1) IN: GENERAL.-Tbe Secretary or any aggrieved local
educational agency may, not earlier than 150 days after an ad
verse determination by the Secretary against a State for viola
tion of subsections (a) or (dX2) or. for failure to carry out an as
surance under subsection (bX3XB), and if an administrative
proceeding has not been concluded within such time. bring an
action in a United States district court against sucb State for
such violations or failure.
(2) IMMUNITY.-A State sball not be immune under the
11th amendment to the Constitution of the United States from
an action described in paragraph (1).
.
(3) RELIEF:-Tbe court shall grant such relief as the court
determines is appropriate.
Wasm
8009(c)(3)
(e)
�SEC. 8010. [20 U.s.C. 7710] FEDERAL ADMINISTRATION.
(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.-The
Secretary
shall round any payments under this title to the nearest whole dol
lar amount.
(b) OrnER AGENCIES.-Each Federal agency administering
Federal property on which children reside, and each agency prin
cipally responsible for an activity that may occasion assistance
under this title, shall, to the maximum extent practicable, comply
with requests of the Secretary for information the Secretary may
require to carry out this title.
1/Tlf--"tS
...:.--
(1) CERTAIN CHILDREN ELIGIBLE UNDER SUBSECTION (a) OR
b) OF SECTION 3 OF PUBLIC LAW 81~74.-Notwithstanding any
d$er provision of law, for any fiscal year before fiscal year
19915, the Secretary shall treat as eligible under subsec~on (a)
or (I». of section 3 of the Act of September 30, 1950 (Public Law
874, Slst Congress) (as such subsection was in ea:ect on th.e
day p~ding the date of enactment of .the lmpro~ng. Amen
ca's Schools Act of 1994), and shall fOrgIve the obligabon of a
local eductttional agency to repay any amounts that such agen
cy received "under such sectitm for such fiscal year based on,
any child wno,would be eligible under s~ch subsections exc~pt
that such child, does not meet the reqmrements of subsecbon
(a)(l)(B) or (b)(2)(B), respectively, of such section 3, if such
child meets the "'requirements of paragraph (3) of this sub
section.
-,\
"
',,"
"\
(2) CERTAIN CHILDREN ELIGmLE UNDER SUBPARAGRAPHS (A)
AND (G){ii) OF SECTION eo'o3(aX1).-(A) The Secretary shall treat
as eligible undersubparWaph (A) of section 8003(a)(1) any
child who would be eligibT~\under such subparagraph except
that the Federal property on, which the child resides or on
which the child's parent is employed is not in the same State
in which the child attends school, if such child meets the re
quirements of paragraph (3) of thi~subsection.
(B) The Secretary shall treat ~ eligible under subpara
graph (G) of section 8003(aXl) any ~.who would be eligible
d
under such subparagraph exceft that ch child does not meet
the requirements of clause (ii of such\ ",ubparagrayh, if such
chil~ meets the requirements of p~~" (3) 0 this sub
section.
. (3) REQ~.-A child meets th" \requirements of
this paragraph i f - \ .
(A) such child resides-\
(i) jn a State ac:ijacent to the State\in which the
local educational agency serving the School such child
attends is located; or
"
\
(ii) with a parent employed on Federal piQperty in
a State ac:ijacent to the State in which such ag~cy
is
located;
(B) the schools of such agency are within a more" a
sonable commuting distance of such child's home than e
schools of the local educational agency that serves
e
school attendance area where such child resides;
8010(a)
(c)(3)(B)
�VTIf--U,
------
SEC. 8011. [20 U.s.C. 7711] ADldlNISTRA'I1VE BEARINGS AND JUDICIAL
REVIEW.
(a) ADMINISTRATIVE HEAruNGS.-A local educational agency
and a S~te that is
Y affected by any action of the Sec
8'frsel
re~ under this title~ : . : : f!t~~:;;=
(Pttblie La .. 89-4.
81st~
(
~
/'
e
),r under its predecessor
authorities
. the same manner as if such agency were a person under chapter
~\!b!=n;r ~4V!haitb:~::ti:J : :ah~=~~~:~ti::
in
5 of title 5, United States Code.
(b) JUDICIAL REvIEw OF SECRETARIAL ACTION.
. (1) IN GENERAL.-A local educational agency ora State ag
grieved by the SecretarYs final decision following an agency
proceeding under subsection (a) may, within 60 days after re
ceiving notice of such .decision, file with the United States
court of appeals for the circuit in which such agency or State
is located a petition for review of that action. The clerk of the
court shall promptly transmit a copy of the petition to the Sec
retary. The Secretary shall then file in the court the record of
the proceedings on which the SecretarYs action was based, as
provided in section 2112 of title 28, United States Code.
. (2) F'INDINGS OF FACT.-The findings of fact by the Sec
retary, if supported by substantial eviaence, shall be conclu
sive. but the court, for good cause shown, may remand the case
to the Secretary to take further evidence. The Secretary may
thereupon make new or modified findings of fact and may mod
ify the Secretary's previous action, and shall file in the court
the record of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if supported by sub
stantial evidence.
(3) REvmw.-The court shall have exclusive jurisdiction to
affirm the ,action of the Secretary or to set it aside, in whole
or in part. The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
801 O(c)(3)(C)
8011
�SEC. 8012. [20 U.s.c. 7712) FORGIVENESS OF OVERPAYMENTS.
Notwithstanding any other provision of law, the Secretary m~y
forgive the obligation of a local educational agency to repay, ill
whole or in ~art, the amount of any overpayment received under
this title, oreer tile he~ ef $ept.elBser 30, 1950 (Publi<: Lau~ 674,
8lst Cangless) at the Act af September 23, 1956 (Public Law 815,
81s~ CeB~e88) .(&8 SHaft .\ete '....ere iB dIed eB the dey preeetHBg'
the date af enactment of the J::mPl oving A~eriea'9 Seheels Ad ef
~if the Secretary determines that the overpayment was made
as a result of an error made by
(1) the Secretary; or
(2) the local educational agency and repayment of the full
amount of the overpayment will result in an undue financial
hardship on the agency and seriously harm the agency's edu
cational program.
SEC. 8013. [20 U.s.c. 7713) DEFINITIONS.
For purposes of this title:
(1) A:R.MED FORCES.-The term "Armed Forces" means the
Army, Navy, Air Force, and Marine Corps.
(2) AVERAGE PER-pupu. EXPENDITURE.-The term "average
per-pupil expenditure" means.
(A) the aggregate current expenditures of all local edu
cational agencies in the State; divided by
(B) the total number of clilldren in average daily at
tendance for whom such agencies provided free public edu
cation.
(3) CONSTRUCTlON.-The term "'construction" means-
(A) the preparation of drawings and specifications for
school facilities;
.;
1[If-'
')
~7
under its predecessor authorities"
(B) erecting, building, acq~, altering, remodeling,
repairing, or extending school facilities;
. (C) inspecting and supervising the construction of
school facilities; and
(0) debt service for such activities.
. (4) CURRENT EXPENDITURES.-The term "current expendi
tures" means expenditures for free public education, including
expenditures for administration, instruction, attendance and
health services, pupil transportation services, operation and
maintenance of plant, fixed charges, and net expenditures to
cover deficits for food services and student body activities, but
does not include expenditures for community services, capital
outlay. and debt service, or any~ndi~ made from funds
awarded under part A of title II ~t.le . The determination
of whether an expenditure for
repla; ent of-equipment is
considered a current expenditure or a capital out.l.tly shall be
.determined in accordance with generally accepted accounting
.
principles as determined by the State.
~e
8012
8013(4)
�PROPERTY.
(A) IN GENERAL.-Except as provided in subpara
(D),
graphs (B) throug~the term "Federal property" means ~
real property that IS not subject to taxation by any State 7'
or any political subdivision of a State due to Federal agree
ment, law, or policy, and that is
(i) owned by the United States or leased by the
United States from another entity;
(liXI) held in trust by the United States for indi
vidual Indians or Indian tribes;
(II) held by individual Indians or Indian tribes
subject to restrictions on alienation imposed by the
United States;
(III) conveyed at any time under the Alaska Na
tive Claims Settlement Act to a Native individual, Na
tive ~up, or village or regional corporation;
(IV) public land owned by the United States that
is designated for the sole use and benefit of individual
Indians or Indian tribes; or
(V) used for low-rent housing, as described in .... _ _-...:~
_
~PB (lQJj7 that is located on land described in
~
subclause (1), (n), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before
such property's use for such housing;
iii)£llplltt of a lowcxenl housing project assi
unde.r the
.
tates Housing Act of 1937; or
. for homeless children
(II) used to proVl
at closed military installations
t to section 501
of the Stewart B. McKinney Homeless
.
ce Act;
~·U
(5) FEDERAl..
clause
(iii)
./
(iii) (I) part of a low-income housing
project assfsted under the United States Housing Act of 1937; or
(II) affordable housing assisted
under the Native American Housing Assistance and Self
Determination Act of 1996; or
(iv) owned by a foreign government or by an inter
national organization.
tion is due to Federal agreement, ~ 'DOlicy, any school
providing flight training to members ~
under contra~. wi.th ~~. ¥~ Force at an airpo
(8) ~
(e) NON-FEDERAL EASEMENTS, LEASES, lJCENSES, PER
MITS, IMPROVEMENTS, AND CERTAIN OTHER REAL PROP
ERTY.-The term "Federal property" includes, whether or
not subject to taxation by a State or a political subdivision
ofa State.
(i) any non-Federal easement, lease, license, per
,xnit, or other such interest in Federal property as oth
erwise described in this paragraph, but not including
any non-Federal fee-simple interest;
.(li) any .impl?ve~ent on Federal property as oth
.
erwIse descnbed lD this paragraph; and
(ill) real property that, immediately before its sale
or transfer to a. non-Federal party, was owned. by the
United States and otherwise qualified as Federal proP'"
erty described in this paragraph, but only for one year
beyond the end of the fiscal year of such sale or
transfer.
.
8013(5)(A)
(C)
�(C )~) CERTAIN POSTAL SERVICE PROPERTY AND
PIPELINES
LlNEs.-Notwithstanding any other provision
of this paragraph, the term "Federal property" does not in
clude-
(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for
the provision of postal services; or
.
(ti) pipelines and utility lines.
(:8-) PROPERTY wrrn RESPECT TO WHICH STATE OR
LOCAL TAX REVENUES MAY NOT BE EXPENDED, ALLOCATED.
OR AVAILABLE FOR FREE PUBLIC EDUCATlON.-Notwith
standing any other provision of this paragraph, "Federal
property" .does not include any property on which children
reside that is otherwise described in this paragraph if
(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free
public education of children who reside on that Fed
eral property; or
(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
AND UTILITY
,-vtfl--
1/1
( b) <
o
BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME
HOUS' .-The term "Federal property" includes any real
property
ted in the State of Oklahoma that-
(i) 1 wned by an Indian housing authority and
used for 10 . come housing (including housing as
sisted under ~utual help ownership opportunity
program under seCtion 202 of the United States Hous
ing Act of 1937); and ~
(ll) at any time-.'... ~ __
(I) was designated ~y .~~ty as tribal land; or
(II) satisfied the definitioIN>f Federal property
under section 403(1)(A) of the '&t~ September
30, 1950 (Public Law 8741 81st Co
) (as such
Act was in effect·on the aay preceding
ate of
enactment of the Improving America's Schoo
ct
of 1994
(6) FREE .PUBLIC EDUCATlON.-The term "free public edu
cation" means education that is provided
(A) at public expense, under public supervision anddi
rection, and without tuition charge; and
(B) as elementary or secondary education, as deter
mined under State law, except that, notwithstanding State
law, such term
(i) includes preschool education; and
(ll) does not include any education provided be
yond grade 12.
I
(7) INDIAN LANDs.-The term "Indian lands" means any
V Federal property described in paragraph (5XA)(ll)@: (5)(F)
8013(S)(D)
(7)
�~~3d
(8) LocAL CONTRIBUTION PERCENTAGE.
(A) IN GENERAL-The term "local contribution per
centage" means the percentage of CUITent expenditures in
the State derived from local and intermediate sources, as
reported to and verified by the National Center for Edu
cation Statistics.
----.
(B) HAWAII AND DISTRICT OF' COLUMBIA.-Notwith
stand..inJr subparagraph (A), the local contribution percent
age for'1Iawaii and. for the District of Columbia shall be
, the average local cOntribution percentage fort:l Statei1 .
'"
(9) LocAL EDUCATIONAL AGENCY./
(A) IN GENERAL-Except as provided in subparagraph
(B), the term "local educational agency",
(i) means a. board of education or other legally
~
constituted local school authority having administr&-,
tive control and direction of free public education in a
county, township, independent school diatrict, or other
school diatrict; and
(ii) includes any State agency that directly oper
ates and maintains facilities for providing free public
education.
(B) ExCEPrION.-The term "local educational agency"
does not include any agency or school authority that the
Secretary determines on a case-by-case basi&
.
(i) was constituted or reconstituted primarily for
the purpose of receiving assistance under this tiUe~ (or
the lli.d of Sep~mBep a9, 1959 (Pablia Law 874, B~
I"'"
CeBf,"PeElS~
(ae SQ. . . ..", ma8
A
mefl"fMilt 011 the day pteeed-
~;a-. Q.Me~f_~8~t of ~e Imp~ America'ii
See~-~eelHHileMA~"'-4iI9~1~1~~JW~~4j.J 0rr mcreasmg the amount of such
o
.
the SO States ,and the District of columbla.
under its predecessor authority]
' .
'
'assistance; or
"
(ii) is not constituted or reconstituted for legiti
mate educational purposes.
.
.
means
graph (5)(A
~
REvE
located on property that is described in para
..
FROM LOCAL 5OURCES.-The term
"revenue derived from
sources" means
(A) revenue produ
.thin the bo~daries of a local'
educational agency and av .
to such agency for such
agency's use; or
.
(B) funds collected hy another lOve
ntal unit, but
,distributed back ,to 'a local educational agency
,roportion as such funds were collected as a local
(11)
'J'C1"ooo..".",ft.."r!o
70)~) ScHOOL FAcu.r:i-ms.-Tbe term. "school facilities" in
clitdes
(A) classrooms and' related facilities; and
(B) equipment, machinery, and utilities necessary or
appropriate for school P11rJ>08eS.
.
8013(8)
(12)
�l'{[.,-- ~(
(a) PAYMENTS FOR FEDERAL ACQUISmON OF REAL PROPERTY.
Fo
e purpose of making payments under section 8002, there are
auth 'zed to be appropriated $16,750,000 for fiscal year 1995 and
such s s as may. be necessary for each of the four succeeding fis
Cal years.
(b) B
PAYMENTS; PAYMENTS FOR lIEAvn,y IMPACTED LoCAL
EDUCATIONAD AGENCIES.-For the purpose of making payments
undersubsecti
(b) and (0 of section 8003, there are authorized
to be appropriate· $775,000,000 for fiscal year 1995 and such sums
as may be necess
for each of the four succeeding fiscal years,
of which 6 percent
be available, until expended, for each such·
fiscal year to carry out ction 8003(0.
(c) PAYMENTS FOR C
REN WITH DISABILITIES.-For the pur
pose of making payments
der section 8003(d), there are author
ized to be appropriated $45, 00,000 for fiscal year 1995 and such
sums as may be necessary fo each of the four succeeding fiscal
years.
(d) PAYMENTS FOR INCREASES
purpose of making payments under
tion 8006, there are author-·
lzed to be appropriated $2.000,000 fo fiscal year 1995 and such
sums as may be necessary for each 0
e four succeeding fiscal
years.
(e) CONSTRUCTIoN.-For the purpose
carrying out.. section
8007, there are authorized to be appropriated 25,000,000 for fiscal
year 1995 and such sums as may be necessary reach ·of the four
succeeding fiscal years.
(0 FACILITIES MAlN'l'ENANCE.-For the purpose~carrying out
section 8008, there are authorized to be appropria
$2,000.000
for fiscal year 1995 and such sums as may be necess
for each
of the four succeeding fiscal years.
(g) AoDmONAL AssISTANCE FOR CERTAIN FEDERAL ~PERTY
LocAL EDUCATIONALAGENCIES.-For the purpose of c~ out
section 8002(j) there are authorized to be appropriated such s
as are necessary· beginning in fiscal year 1998 and for each s
ceeding fiSCal year.
AUTHORIZATION OF APPROPRIATIONS
SEC. 8014. (al There are authorized to be appropriated
such sums as may be necessary for fiscal year 2001 and for each
of the four succeeding fiscal years,to carry out each of the
following provisions of this title:
.
"(1) Section 8002, payments for Federal acquisition
of real property.
"(2) Section 8003(b), basic payments; and section
. 8003(f), payments for heavily impacted local educational
agencies.
Section 8003(d). payments for children with
" (3)
disabilities.
"(4) Section 8007, construction.
"(5) Section 8008, facilities maintenance.
"(b) Funds appropriated to carry out sections 8007 and
8008 shall be available to the secretary until expended.
8014
�'f_
\.!'.._
_
_.J
ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
TITLE IX, PART A-INDIAN EDUCATION
SHOWING CHANGES PROPOSED BY
PRESIDENT CLIN.TON'S
EDUCATIONAL EXCELLENCE FOR ALL
CHILDREN ACT OF 1999
MAY 21,1999 .
�Ii.::
TITLE IX-INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION
Showing changes proposed by the
Educational Excellence for All Children Act of 1999
PART A-INDIAN EDUCATION
SEC. 9101.
[~O
*..1
U.S.C. 7801] FINDINGS.
The Congress finds that
(1) the Federal Government has a special responsibility to
ensure that educational programs for all American Indian and
Alaska Native children and adults
(A) are based on high-quality, internationally competi
tive content standards a.nd student performance standards
and build on Indian culture and the Indian community;
.
(B) assist local educational agencies, Indian tribes,
and other entities and individuals in providing Indian stu
dents the Clpportunity to achieve such standards; and
(C) meet theQ:peeieJ,educational and culturally related
academic needs of American Indian and Alaska Native
students;
(2) since the date of enactment of the initial Indian Edu
cation Act in 1972, the level of involvement of Indian parents
in the planning, development, and implementation of edu
cational programs that affect such parents and their children
has increased significantly. and schools should continue to fos
ter such involvement;
(3) although the number of Indian teachers, administra
tors, and university professors has increased since 1972, teach
er training programs are not recruiting, .training, or retraining
a sufficient number of Indian individuals as educators to meet
the .needs of a growing Indian student population in elemen
tary, secondary, vocational, adult, and higher education;
(4) the dropout rate for Indian students is unacceptably
high, for example, 9 percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
.
(5) during the period from 1980 to 1990, the percentage of
Indian individuals Jiving at or below the poverty level· in
creased from 24 percent to 31 percent, and the readiness of In
dian children to learn is hampered by the high incidence of
poverty, unemployment, and health problems among Indian
children and their families; and
(6) research related specifically to the education of Indian
children and adults is very limited, and much of the research
is of poor quality or is focused on limited local or regional is
sues.
...,
unique
SEC. 9102. [20 U.s.C. 7802] PURPOSE.
(a) PuRPosE.-It is the purpose of this part to support the ef
forts of local educational agencies, Indian tribes and organization'!,
postsecondary institutions, and other entities to meet the &eei&y
educational and culturally related academic needs of American In
dians and Alaska Natives,so that such students can achieve to the
same challenging State performance standards expected of all st
~nts.
~
J
910f ."
1Ioz,('1)
�(b) PRoGRAMS.-This part carries out the purpose described in
subsection (a) by authorizing programs of direct assistance for(1) .meeting the@pe~a\educational and cultura}]¥ related
acadeIDlc needs of Aiiiencan Indians and Alaska Natives;
(2) the education of Indian children and adults;
(3) the training of Indian persons as educators and coun
selors, and in other professions serving Indian people; and
(4) research, evaluation, data· collection, and technical as
sistance.
KA-~
')'
.
unique
Subpart I-Formula Grants to Local Educational
Agencies
u.s.c. 7811J PURPOSE.
It is the purpose of this subpart to support local educational
agencies in their efforts to reform elementary and secondary school
programs that serve Indian students in order to ensure that such
programs-
(1) are based on challenging State content standards and
State student performance standards that are used for all stu
dents; and
(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National Edu
cation Goals.
.
SEC. 9111. [20
SEC. 9112. [20 U.s.C. 7812J GRANTS TO LOCAL EDUCATIONAL AGEN·
CIES.
(a) IN GENERAL.- .
(1) ENROLLMENT REQUlREMENTS.-A local educational
agency shall be eligible for a grant under this subpart for any
fiscal year if the number of Indian children eligible under sec
tion 9116 and who were enrolled in the schools of the agency,'
and to whom the agency provided free public education, during
.the preceding fiscal ye~ .
(A) was at least 10; or
.
(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such agen
cy.
(2) EXCLUSION.-The requirement of paragraph (1) shall
not apply in Alaska,' California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity to,
a reservation.
(b) INDIAN TruBES.
(1) IN GENERAL.-If a local' educational agency that is eligi
ble for a grant under this subpart does not establish a parent
committee under section 9114(cX4) for such grant, an Indian
tribe that represents no less than one-half of the eligible In
dian children who are served by such local educational agency
may apply for such grant.
(2) SPECIAL RULE'-The secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if such
Indian tribe were a local educational agency for purposes of
thissubpart~_--------------------------------------~
except that any such tribe is not subject
to section 9114 (c) (4) (parent committee), section 9117 (c)
(maintenance of effort), or section 9118 (State review of
applications).
9Io'U./J;.) ,.
9/1""
�"
[~-k" ~
SEC. 9113. [20 U.s.C. 7813) AMOUNT OF GRANTS.
(a) AMOUNT OF GRANT AwARDS.
(1) IN GENERAL.-Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local edu
cational agency which has an approved application under this
subpart an amount equal to the product or
(A) the number of Indian children who are eligible
under section 9116 and served by such agency; and
(B) the greater ofthe average per-pupil expenditure of the State
in which such agency is located; or
(li) 80 percent of the average per-pupil expendi
ture in the United States.
(2) REDUCTION.-The Secretary shall reduce the amount of
each allocation determined under paragraph (1) in accordance
with subsection (e).
m
(b) MINIMUM GRANT.
(1) IN GENERAL.-Notwithstanding subsection (e) of this
section, a local educational agency or an Indian tribe (as au
thorized under section 9112(b» that is eligible for a grant
under section 9112, and a school that is operated or supported
by the Bureau of Indian Affairs that is eligible for a grant
under subsection (d), that submits an application that is ap
proved by the Secretary, shall, subject to appropriations, re
ceive a grant under this subpart in an amount that is not less
than $3,000.
(2) CONSORTIA.-Local educational agencies may form a
consortium for the purpose of obtaining grants under this %ct)
(3) INCREASE.-The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000. for all
grantees if the Secretary determines such increase is necessary
to ensure quality programs.
(c) DEFIN1TION.-For the purpose of this section, the term "av
erage per-pupil .expenditure of a State" means an amount equal
ta
(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct cur
rent eXpenditures by the State for the operation of such agen
cies, without regard to the sources of funds from which such
local or State expenditures were made, during the second fiscal
year preceding the fiscal year for which the computation is
made; divided by
.
(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
ublic education during such preceding fiscal year.
DIAN AFFAlRS~d . 'on
to the ants awarded under subsection
,
ecretary shall allocate to the
(a), and subject to paragrap
Secretary of the Interior an amount equ ta-th~L~f-. •
(1) the total number of Indian children enrollea~
that are operated by-
..
sUbpart.
U(. IIty
..{
ftif
q(('j.(~} ..
(dX)
�"
e
....,w,.a.
","SA _ _ . . . . . . . .- . . . . . . . . . . . . . _
an Indian tribe, or an organization controlled or
sanctione
an Indian tribal government, for the chil
dren of such . under a contract with, or grant from, the
Department of
nterior under the Indian Self-Deter_
mination Act or the . ly Controlled Schools Act of 1988
(part B of title V of the
stus F. Hawkins-Robert T.
Stafford Elementary and Sec
ary School Improvement
Amendments of 1988); and
(2) the greater of
(A) the average per-pupil expenditure
which the school is located; or
~~Ot~~ ~~::~t of the average per-pupil expen~
(e) RATABLE REDUCTIONS.-If the sums appropriated for any
fiscal year under section 9162(a) are insufficient to pay in full the
amounts determined for local educational agencies under sub
section (a)(l) and for the Secretary of the Interior under subsection
(d), each of those amounts shall be ratably reduced.
SEC. 9114. [20 U.s.C. 7814] APPLICATIONS.
(a) APPLICATION REQUlRED.-Each local educational agency
that desires to receive a grant under this.,subpart shall submit an
application to the Secretary at such time, in such manner, and con
taining such information as the Secretary may reasonably require.
(b) COMPREHENSIVE PROGRAM REQuIRED.-Each application
submitted under subsection (a) shall include ,a comprehensive pro
gram for meeting the needs of Indian children served by the local
educational agency, including the language and cultural needs of
the'children, that. '
(1) provides programs and activities to meet the culturally
related academic needs of American Indian and Alaska Native
students;
(2)(11!f;:jl[J;;otllSbrtet...,
.a"A-~ 'f
.. - . . . ....... ,
" (d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN
AffAIRS,~(l)
In addition to the grants awarded under subsection
(a), and subject to subsection Ie), the Secretary shall allocate
to the Secretary of the Interior an amount equal to the product
o f - ,
"(A) the total number of Indian children enrolled
in schools that are operated by
"(i) the Bureau of Indian Affairs; or
"(iil an Indian tribe, or 'an organization
controlled or sanctioned by an Indian tribal government, for the
children of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-Determination
Act or the Tribally Controlled Schools Act of 1988;' and
"(B) the greater of
"(i) the average per-pupil expenditure of
the State in which the school is located; or
"Iii) 80 percent of the average per-pupil
expenditure in the United States.
"(2) Any school described in paragraph (1) that wishes
to receive an allocation under this subpart shall submit an
application in accordance with section 9114, and shall otherwise
be treated as a local educational agency for the purpose of this
SUbpart, except that it shall nO,t be subject to section
9114 (c) (4) (parent committee), section 91171c) (maintenance of
effort), or section 9118 (State review of applications).
Tl' . _ . ,
State and loca
ement plans, either approved or being
Gilals 2000: Educate America
developed, under title II 0
Act or, if such plans are not approve
'n
the State and local plans under sections 1111 n.J."~","
"(A) is consistent with State and local plans
under other provisions of this Act; and
,
(B) includes academic content and student performance
goals for such children, and benchmarks for attaining such
goals, that are based on the challenging State standards adopt
ed under title I for all children;
(3) explains how Federal, State, and local programs, espe
cially under title I, will meet the needs of such students;
(4) demonstrates how funds made available under this
subpart will be used for activities described in section 9115;
(5) describes the professional development opportunities
that will be provided, as needed, to ensure that
(A) teachers ,and other school professionals who are
new to the Indian community are prepared to work with
Indian children; and
QI/3.(t/t,tA)
9IfttCfiX.5 XA)
�(B) all teachers who will be involved in programs as
sisted under this subpart have been properly trained to
carry out such programs; and
(6) describes how the local educational agency
(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate in
programs assisted under this subpart, in meeting the goals
described in paragraph (2);
(B) will provide the results of each assessment re
ferredto in subparagraph (A) to
the committee of parents described in sub
section (c)(4); and
(ii) the community served by the local educational
agency; and .
.
.
(C) is responding to findings of any previous assess
ments that are similar to the assessments described in
subparagraph (A).
(c) AssURANCES.-Each application submitted under subsection
(a) shall include assurances that
(1) the local educational agency will use funds received
under this subpart only to supplement the level of funds that,
in the absence of the Federal funds made available under this
subpart, such agency would make available for the education
of Iridian children, and not to supplant such funds;
(2) the local educational agency will submit such reports to
the Secretary, in such form and containing such information,
as the Secretary may require to
(A) carry out the functions of the Secretary under this·
subpart; and
(B) determine the extent to which funds pl.:Ovided to
the local educational agency under this subpart are effec-.
. tive in improving the educational achievement of Indian
students served by such agency;
(3) the ~ro am for which assistance is sought:-..
f,'t.~ J - 5
m
the special e
and culturally re ated academic
Alaska Native students
needs of the American n
for "whom the local educational agency
. "ng an edu
(B) will use the best available talents and resources,
including individuals from theIndian community; and
. (C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if ap
propnate, Indian students from secondary schools, includ
109 public hearings held by such agency to provide the in
dividuals described in this subparagraph a full opportunity
to underStand the program and to offer recommendations
regarding the program; and
(4) the local educational agency developed the program
with the participation and written approval of a committee
(A) that is composed of, and selected by
(i) parents of Indian children in the local edu
cational agency's schools and teachers; and
"(A) is based on a comprehensive local assessment
and prioritization of the unique educational and culturally
related academic needs of the American Indian and Alaska Native
students to whom the local educational agency is providing an
education;
9//tf-(6::(5X!»
(cX.If.t4~}
�7.£A- "
(ii) if appropriate, Indian students attending sec.
~dary schools;
"tie:-
~~:=1=:n~:;i9
at
lea&t-mo~8.1'l
Indian
(C) that sets forth· such policies and procedures, in.
cluding policies and procedures relating to the hiring of
personnel, as will ensure that the program for which as.
sistance is sought will be operated and evaluated in con
sultation with, and with the involvement of, parents of the
children, and representatives of the area. to be served;
(D) with respect to an application describing a
schoolwide program in accordance with section 9115(c).
has
(i) reviewed in a timely fashion the program; and
(il) determined that the program will flat dimini:l
the availability of culturally related activities f; r
American Indians and Alaskan Native students; and
(E) has adopted reasonable bylaws for the conduct of
the activities of the committee and abides by such bylaws.
!ildren~(B)
a
majority of whose members are parents of
'
:>
enhance
SEC. 91US. [20 U.S.C. 7815) AU'l1IOJUZED SERVICES AND ACTIVITIES.
(a) GENERAL REQUIREMENTS.-Each local educational agency
that receives a grant under this subpart shall use the grant funds.
in a manner consistent with the purpose specified in section 9111,
for services and activi ties that
(1) are designed to carry out the comprehensive plan of the
local educational agency for Indian students, and described in
the application of the local educational agency submitted to the
Secretary under section 9114(b);
(2) are designed with special regard for the language and
cultural needs of the Indian students; and
(3) supplement and enrich the regular school program of
such agency.
.
(b) PARTICULAR ACTIVlTIES.-The services and activities re
ferred to in subsection (a) may include
(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
(2) early childhood and family programs that emphasize.
school readiness;
(3) enrichment programs that focus on problem-solving and
cognitive skills development and directly support the attain
ment of challenging State content standards and State student
performance standards;
(4) integrated educational services in combination with
other programs that meet the needs of Indian children and
their families;
.
(5) school-to-work transition activities to enable Indian
students to participate in programs such as the programs sup
ported by the School-ro.Work Oppo\unities Act of 1994 and
the Carl D. Perkins Vocational andrrtied Tecbnology Edu
tatiull Ac~ including programs for tee ·prep, mentoring. and
apprenticeship;
).
Technical Education Act of 19ge
'
9/I C/( cX4"f..A.XJi)
~II~(bx..!i)
�,•
(6) activities to educate individuals concerning substance
,/ abuse and to prevent substance abuse; W
(7) the acquisition of equipment, but only if the acquisition
of the equipment is essential to meet the purpose described in
section 9111
,
(c) SCHOOLWIDE PROGRAMs.-Notwithstanding any other provision of law, a local educational agency may use funds made avail
able to such agency under this subpart to support a school wide pro
gram under section 1114 if
(1) the committee composed of parents established pursu
ant to section 9114(cX4) approves the use of the funds for the
schoolwide program; and
(2) the schoolwide program is consistent with the purpose
described in section 9111.
and
l.
a.:1r-7
"(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies into the
educational program of the local educational agency;
"(9) activities that incorporate American Indian- and
Alaska Native-specific curriculum content, consistent with State
standards, into the curriculum used' by the local educational
agency;
. "(10) activities to promote coordination and
collaboration between tribal, Federal, and State public schools
in areas that will improve American Indian and Alaska Native
student achievement; and
"(11) activities that addresses the special needs of
American Indian and Alaska Native students who are gifted and
talented.
SEC. 9116. [20 u.s.C. 7816] STUDENT ELIGmILlTY FORMS.
(a) IN GENERAL.-The Secretary shall require that, as part of
an application for a grant under this subpart, each applicant shall
maintain a file, with respect to each Indian child for whom the
local educational agency provides a free public educa~ion, that con
tains a form that sets forth information establishing the status of
the child as an Indian child eligible for assistance under this sub
part and that otherwise meets the requirements of subsection (b).
(b) FORMS.
(1) IN GENERAL.~The
form described in subsection (a)
shall include
(A) either
(i)(I) the name of the tribe or band of Indians (as
defined in section 9161(4» with respect to which the
child claims membership;
(II) the enrollment number establishing the mem
bership of the child (if readily available); and
(III) the name and address of the organization
that maintains updated and accurate membership
data for such tribe or band of Indians; or
(ii) if the child is not a member of a tribe or band
of Indians, the name, the enrollment number (if read
ily available), and the organization (and address there
00 responsible for maintaining updated and accurate
membership rolls of any parent or grandparent of the
child from whom the child claims eligibility;
(B) a statement of whether the tribe or band of Indi
answith respect to which the child, parent or grandparent
of the child claims membership is federally recognized;
(C) the name and address of the parent or legal guard
ian of the child;
.
(D) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
(E) any other information that the Secretary considers
necessary to provide an accurate program profile.
(2) MINIMUM INFORMATlON.-In order for a child to be eli
gible to be counted for the purpose of computing the amount
9116(~X") ~
9//6 (foX'»)
�of a grant award made under section 9113, an eligibility fonn
prepared pursuant to this section for a child shall include
(A) the name of the child;
.
(B) the name 'of the tribe or band of Indians (as de
fined in section 9161(4» with respect to which the child
claims eligibility; and
(C) the dated signature of the parent or guardian of
the child.
(3) FAlLURE.-The failure of an applicant to furnish any
information described in this subsection other than the infor
mation described in paragraph (2) with respect to any child
shall have no bearing on the determination of. whether the
child is an eligible Indian child for the purposes of determining
the amount of a grant award made under section 9113.
(c) STATUTORY CONSTRUCTION.-NothinfI in this section shall
be construed to affect a definition contained 1D section 9161.
.
(d) FORMS AND STANDARDS OF PRooF.-The forms and the
standards of proof (including the standard of good faith compliance)
that were in use during the 1985-1986 academic year to establish
the eligibility of a child for entitlement under the Indian Elemen
tary and Secondary School Assistance Act shall be the foX'q1s and
standards of proof used
. (1) to establish such eligibility; and
(2) to meet the requirements of subsection (a).
(e) DOCUMENTATION.-For purposes of determining whether a
child is eligible to be counted for the purpose of computing the
amount of a grant under section 9113, the membership of the child,
or any parent or grandparent of the child, in a tribe or band of In
dians may be established by p'roof other than an enrollment num
ber, notwithstanding the aV811ability of an enrollment number for
a member of such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment number.
(0 MONITORING AND EVALUATION REVlEW.
(1) IN GENERAL.-(A) For each fiscal year, in order to pro
vide such information as is necessary to carry out the respon
sibility of the Secretary to provide technical assistance under
this subpart, the Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this subrart. The sampling conducted under this sub
paragraph shal take into account.size of the local educational
agency and the geographic location of such agency.
.
(B) A local educational agency may not be held liable to
the United States or be subject to any penalty, by reason of the
findings of an audit that relates to the date of completion, or
the date of submission, of any forms used to estabhsh, before
April 28, 1988, the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act.
. (2) FALSE INFORMATION.-Any local educational agency
that provides false information in an application for a grant
under this subpart shall.
(A) be ineligible to apply for any other grant under
this subpart; and
(B) be liable to the United States for any funds that
have not been expended.
TEA-t/
..--¥he
fI16(b":i.-:J;'$..4)
(.rX:Z,\
�'(3) EXCLUDED CHILDREN.-A student who provides false in
, formation for the form required under ~bseetioft ~d).shall not
be counted for the purpose of computing the amount of a grant
under section 9113.
funds ~s subpart to schools
Bureau of Indi~rs pursuant to
(1) section 11
and
(2) the Act of April 16, 193
tat. 596, chapter 147),
the Secretary shall, in lieu of meeting the req'
ents of this sec
tion fO.r co~tin~ In,dian ~l~z:n, .~se~a count ?~ ~~
er of stuA. Ut::ll~ III au!.;u a\,;UUUla \X:n.llU::U uy I.ut: ouct:i1u UI UIUUlU -l'Uuunr.
SEC. 9117. [20 U.s.C. 7817] PAYMENTS.
·
(b)
d ( ) th S
(a ) I N GENERAL.--S u b~ect to sub '
~ectlons
an c , ~ ec
retary s~all pay ~ each local educatlonal agency that s~bmlts an
apphcatlon that IS approved by the Secretary under this subpart
the amount determined under section 9113. The Secretary shall no
tify the local educational agency of·the amount of the payment not
later than June 1 of the year for which the Secretary makes the
ent'
p ym
.
(b) PAYMENTS TAKEN INTO ACCOUNT. BY THE STATE.-The Sec
retary may not make a grant under this subpart to a local edu
cational agency for a fiscal year if, for such fiscal year, the State
in which the local educational agency is located takes into consider
.I ation paYments made under .s subpart(ep ttftdep 8tteperi 1 of ~e
"
in determining the eligibility of the
local educational agency for tate aid, or the amount of the State·
aid, with respect to the free public education of children during
such fiscal year or the preceding fiscal year.
(c) REDUCTION OF PAYMENT FOR FAILURE To MAINTAIN FISCAL
EFFORT.
(1) IN GENERAL.-The Secretary may not pay a local edu
cational agency the full amount of a grant award determined
under section, 9113 for any fiscal year unless the State edu
cational agency notifies the Secretary, and the Secretary deter
mines, that with respect to the provision of free public edu
cation by the local educational agency for the preceding fiscal
year, that the combined fiscal effort of the local educational
agency and the State, computed on either a per student or ag
gregate expenditure basis was not less than 90 percent of the
amount of the combined fiscal effort, computed on the same
basis, for the second preceding fiscal year.
(2) FAILURE.-If, for any fiscal year, the Secretary deter
mines that a local educational agency failed to maintain the
fiscal effort of such agency at the level specified in paragraph
(1), the Secretary shall
(A) reduce the amount of the grant that would other
wise be made to such agency under this subpart in the
exact proportion of such agency's failure to maintain its
fiscal effort at such level; and
(B) not use the reduced amouilt of the agency's ex
penditures for the Drecedin~ year to determine compliance
with paragraph (1) for any succeeding fisci1.l year but shall
use the amount of expenditures that would hav~ been
required to comply with p~ragraph (1). ,
a
~bsection (a)
K,4.,
1
"(g) TRIBAL GRANT AND CONTRACT SCHOOLS,
Notwithstanding
any other provision of this section, the Secretary, in awarding
funds under this subpart to a tribal school that receives a
grant or contract from the Bureau of Indian Affairs, shall use
only one of the following, as selected by the school:
"(1)'A count of the number of students in those
schools certified by the Bureau.
"(2) A count of the number of students for whom the
school has eligibility forms that comply with this section,
>.
"(h) TiMING OF CHILD COUNTS.
FO: purposes ~f determining
the number of children to be counted l.n calcul~tl.ng the amount
of a local educational agency's grant under thl.s subpart (other
than in the case described in subsection- (g) (1), the local
educational agency shall
"(1) establish a date on, or a period not longer than
31 consecutive days during which, the agency counts those
children, so long as that date or period occur~ b~fore the
deadline established by the Secretary for submHtJ.ng an
application under section 9114; and
'
"(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
91/6 (-fX3,)
'11/1 (C~\
�If .4~ /0
WAIVER.-{A) The ~ecretary may waive the require
ment of paragraph (1), for not more than one year at a time
if the Secretary determines that the failure to comply with
such requirement is due to exceptional or uncontrollable cir
cumstances, such as a natural disaster or a precipitous and un
foreseen decline in the agency's financial resources.
(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the fis
cal year for which a waiver is granted to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall Use
the amount of expenditures that would have been required to
comply with paragraph (1nn the absence of the waiver.
(d) REALLocATIONs.-The Secretary may reallocate, in a man
ner that the Secretary determines will best carry out the purpose
of this subpart, any amounts that
(1) based on estimates made by local educational agencies
or other information, the Secretary· determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
(2) otherwise become available for reallocation under this
subpart.
(3)
'PLICATION.-Each entity desiring assistance under this
subpart s
submit an application to the Secretary at such time,
in such mann
d accompanied by such information as the Sec
retary may reason
require except that this subsection shall not
ools.
apply to Bureau-funde
(b) SPECIAL RULE;-Be
subsection (a) to the Secretary, .
entity shall submit its applica
State educational agency
tion to the State educational agency.
may comment on such application, howe
if such agency com
ments on such application such agency shall co
ent on all appli
hall provide
cations submitted by entities within the State an
such comments to the appropriate local educational age
which
local educational agency shall be given an opportunity to re
·STATE EDUCATIONAL AGENCY REVIEW
Before submitting an application to the
Secretary under section 9114, a local educational agency shall
submit it to the State educational agency, which may comment on
it. If the State educational agency comments on the
application, it shall comment on all applications submitted by
local educational agencies in the State and shall provide those
comments to the respective local educational agencies, with an
opportunity to respond.
SE~.
911B..
Subpart 2-Special Programs and Projects To Im
prove Educational Opportunities for Indian
Children
SEC. 9121. (20 usc. 7831] IMPROVEMENT OF EDUCATIONAL OPPOR
TUNITIES FOR INDIAN CBII.,DREN.
(a) PuRPoSE.
(1) IN GENERAL.-It is the purpose of this section to sup
port projects to develop, test, and demonstrate the effectiveness
of services and programs to improve educational opportunities
and achievement of Indian children.
9/17(cu)
flU (tl~/)
�(2) COORDINATlON.-The Secretary shall take such actions
as are necessary to achieve the coordination of activities as
sisted under this subpart with
(A) other programs fWlded under this Act; and
.
(B) other Federal programs operated for the benefit of
American Indian and Alaska Native children.
(b) ELIGIBLE EN1JTIEs.-For the purpose of this section, the
term "eligible entity" means a State educational agency, local edu
cational agency, Indian tribe, Indian organization, federally sup
ported elementary and secondary school for Indian students, Indian
institution, including an Indian institution of higher education, or
a consortium of such institutions.
(c) GRANTS AUTHORlZ~D.(1) IN GENERAL.....;...The Secretary shall award grants to eli
gible entities to enable such entities to carry out activities that
meet the purpose specified in subsection (a)(I), including
(A) innovative programs related to the educational
needs of educationally deprived children;
(B) educational services that are not· available to such
children in sufficient quantity or quality, including reme
dial instruction, to raise the achievement of Indian chil
dren in one or more of the core academic subjects of Eng
lish, mathematics, science, foreign languages, art, history,
and geography;
(C) bilingual and bicultural programs and projects;
(D) special health and nutrition services, and other re
lated activities, that address the special health, social, and
psychological problems of Indian children;
(E) special compensatory and other programs and
projects del!jigned to assist and encourage Indian children
to enter, remain in, or reenter school, and to increase the
rate of secondary school graduation;
(F) comprehensive guidance, counseling, and testing
services;
(G) early childhood and kindergarten programs, in
cluding famlly-based preschool programs that emphasize
school readiness and parental skills, and the provision of
services to Indian children with disabilities;
.
(H) partnership projects .. between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the post
secondary level to aid such students in the transition from
secondary school to postsecondary education;
(I) partnership projects between schools and local busi
nesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills the
youth need to make an effective transition from school to
a first job in a high-skill, high-wage career;
(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an insti
tution of higher education; or
(K) other services that meet the purpose described in
subsection la)(I).
.
JF .4-1/
9/ Z{(1I"!.2»
(C'::( f)
�./
(v)
.,.
(2) PREsERVICE OR INSERVICE TRAINING.-Preservice or in
service training of professional and paraprofessional personnel
may be a part of any program assisted under this section.
(d) GRANT REQUIREMENTS AND A.,pPLJCATIONS.
(1) GRANT REQUIREMENTS.-{A) The Secretary may make
multiyear grants under this section for the planning, develop
ment, pilot operation, or demonstration of any activity de
scribed in subsection (c) for a period not to exceed 5 years.
(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a plan
for combining two or more of the activities described in sub
section (c) over a period of more than 1 year.
(e) The Secretary shall make a grant payment to an eligi
ble entity after the initial year of the multiyear grant only if
the Secretary determines that the eligible entity has made sub
stantial progress in carrying out the activities assisted under
the grant in accordance with the application submitted under
paragraph (2) and any subsequent modifications to such appli
cation.
.
(DXi) In addition to awarding the multiyear grants de
scribed in subparagraph CAl. the Secretary may award grants
to eligible entities for the dissemination of exemplary materials
or programs assisted under this section.
(ii) The Secretary may award a dissemination grant under
this subparagraph if, prior to awarding the grant, the Sec
retary determines that the material or program to be dissemi
nated has been adequately reviewed and has a demonstrated
(I) educational merit; and
(II) the ability to be replicated.
(2) A.,pPLJCATION.-{A) Any eligible entity that desires to re
ceive a grant under thisi!tb8eet;~haU submit an application
to the Secretary at such time and In such manner as the Sec
retary may require.
.
(B) Each application submitted to the Secretary under sub·
paragraph (A~shall contain
(i) aescription of how parents of Indian children and
represent4tives of Indian tribes have been. and will be, in
volved in developing and implementing the activities for
which assistance is sought;
(ll) assurances that the applicant willJarticipate, at
the request of the Secretary, in any nation evaluation of
activities assisted under this section;~
(iii:) such other assurances and info ation as the Sec
retary may reasonably require.
J[:..Jr.,/y
).
section
other than an
application for a dissemination'grant under paragraph (1) (D),
<I
"(iii) information demonstrating that the
proposed program is either a research-based program or such a
program that has been modified to be culturally appropriate for
the students who will be served;
"(iv) a description of how the applicant
will incorporate the proposed services into the ongoing school
program once the grant period is over; and·
SEC. 9122. (20 USC. 7832] PROFESSIONAL'DEVELOPMENT.
(a) PuRPoSES.-The purposes of this section are-
(1) to increase the number of qualified Indian individuals
in professions ijlat serve Indian people;
(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators.
teacher aides, sO:cial workers, and ancillary educational person
nel; and
(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
'1IUccXv) .
'f1'],Z,(I?)
�11:- A;, I?;
(b) ELIGIBLE ENTITIES.-For the purpose of this section, the
term "eligible entity" means
(1) an institution of higher education,' including an Indian
institution of higher education;
.
(2) a State or local educational agency, in consortium with
an institution of higher education; and
(3) an Indian tribe or organization, in consortium with an
institution of higher education.
(e) PROGRAM AUTHORIZED.-The Secretary is authorized to
award grants to eligible entities having applications approved
under this section to enable such entities to carry out the activities
described in subsection (d).
.
.
(d) AUTHORIZED ACTJVITIES.
(1) IN GENERAL.-Grant funds under this section shall be
used to provide support and training· for Indian individuals in
~ manner consistent with the purposes of this section. Such ac
tivitiesmay include but are not limited to, continuing pro
grams, symposia, workshops, conferences, and direct financial
support.
(2) SPECIAL RULES.-(A) For education personnel, the
training received pursuant to a grant under this section may
be inservice or preservice training.
.
(B) For individuals who are being trained to enter any
field other than education, the training received pursuant to a
grant under this section shall be in a program that results in
a graduate degree.
.
~ ~mL~~.
Ka8jjI;tigible entity desiring a grant ')
under this section shall submIt an application to the Secretary
at such time, in such manner and accompanied by such infor
mation, as the Secre
may re~(jnably require.
.
.'
(e) APPLICATION. Each
,
'llcations describing
n'e~B
that tFaia lad:i&B i~l1,
PECIAL RlJLE.-In making grants under this section, the
Secretary'
(1) shall consider the prior performance of the eligible en
tity; and
(2) may not limit eligibility to receive a grant under this
section on the basis of
, (A) the number of previous grants the. Secretary has
awarded such entity; or
(B) the length of any period during which such entity
received such grants.
(g) GRANT PERIOD.-Each grant under this section shall be
awarded fora program of not more than 5 years.
(h) SERVlCE OBLIGATION.
(1) IN GENERAL.-'The Secretary shall require, by regula
tion, that an individual who receives.training pursuant to a
grant made under this section
(A) perform work-:
(f)
.
(i) related to the training received under this sec.
tJon;and
(ii) that benefits Indian' people; or
. (B) repay all or a prorated part of the assistance reo
celVed.
:>
preaervice
911'U.b)
CIrY,,,
�(2) REPORTING.-The Secretary shall establish, by regula
tion, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically thereafter,
provide information concerning the compliance of such recipi
ent with the work requirement under paragraph (1).
(a) F'ELLOwSHIPS.
(1) AtrmORlTY.-The Secretary is authorized to award fel
wships to Indian students to enable such students to study
in\rraduate and professional programs at institutions of higher
edJaation.
) REQUlREMENTS.-The fellowships described in para
graph '<.1) shall be awarded to Indian students to enable such
studentA to pursue a course of study
) of not more than 4 academic years; and
(8\ that leads-
i) toward a postbaccalaureate degree in medicine,
clini
psychology, psychology, law, education, and re
lated :lds; or
(ii)
an undergraduate or graduate degree in en
gineerin , business administration, natural resources,
and relate fields.
"
retary shall pay to Indian students
(b) STIPENDs.-The
awarded fellowships unde subsection (a) such stipends (including
allowances for subsistence such students and dependents of such
students) as the Secretary de rmines to be consistent with prevail·
ing practices under comparabl federally supported programs.
(c) PAYMENTS TO INSTITUTI S"IN LIEU OF TumON.-The Sec
retary shall pay to the institutio of higher education at which a
fellowship recipient is pursuing a urse of study, in lieu of tuition
charged such recipient, such.amo
as the Secretary may deter
mine to be necessary to cover the co t of education provided such
recipient.
(d) SPECIAL RULES.
(1) IN GENERAL.-If a fellowship ~ded under subsection
(a) is vacated prior to the end of the riod for which the fel
lowship is awarded, the Secretary maya ard an additional fel
19wship for the unexpired portion of the eriod of the fellow
ship.
(2) WRITTEN NOTICE.-Not later than
days before the
commencement of an academic term, the
tary shall pro
vide to each individual who is awarded a fellow '"p under sub
section (a) for such academic term written notice f
(A) the amount of the fellowship; and
(B) any stipends or other payments that
under this section to, or for the benefit of, the
for the academic term.
(3) PruoRlTY.-Not more than 10 percent of the fello~hiPs
awarded under subsection (a) shall be awarded, on a p rity
basis, to persons receivi training in guidance counseling 'th
a speciality in the area alcohol and substance abuse couns l_
ing and education.
:r
JEA-- N
"Ci)
IN-SERVICE TRAINING FOR TEACHERS OF INDIAN
CHILDREN. (1) GRANTS"AUTHORIZEp. In addition to the grants
authorized by subsection (c), the Secretary may make grants to
either of the following, in order to provide high-quality in
service training to teachers in local educational agencies with
substantial numbers of Indian children enrolled in their
schools:
"CA)
A consortium of a tribal college "and an
institution of higher education that awards a degree in
education.
• (B) A consortium of a tribal college or an
institution of higher education that awards a degree in
education, or both, and one or more elementary or secondary
schOols operated by an Indian tribe or funded by the Bureau of
Indian Affairs. local educational agencies serving Indian
children, or tribal educational agencies.
.
"(2) USE OF FUNDS. (A) A consortium that receives a
grant under paragraph (1) shall use the grant funds only to
provide high-quality in-service training to teachers, including
teachers who are not Indian, in local educational agencies with
substantial numbers of Indian children enrolled in their
schools, in order to better meet the unique educational needs of
those children.
"CB) The training described in subparagraph (AI
shall include such activities as preparing teachers to use the
best available research-based practices and learning strategies,
and to make the most effective use of curriculum and materials.
that respond to the unique needs of Indian children in their
classrooms. .
"(3) SPECIAL RULE. Subsection (d) of this section
shall not apply to grants made under this subsection.
"(4) PREFERENCE FOR INDIAN APPLICANTS. In applying
section 9153 to this subsection, the Secretary shall give a
preference t"o any consortium that includes one or more of the
entities described in that section.'.
?/')/UI,x..Z) ..
11Z,3..Cd)
�!
SIi:RVICE OBLIGATlON.
(1) IN GENERAL.-The Secretary shall require, by regula
tio ,that an individual who receives financial assistance under
K Jr, /'5
this~ection-
(A) perform work'
(i) re1llted to the training for which the individual
receives assistance under this section; and
,(li) that benefits Indian people; or
repay all or a prorated portion of such assistance.
(2) HE RTING PROCEDURE.-The Secretary shall establish,
by regulatio a'reporting procedure under which the recipient
of training a sistance under this section, not later than 12
months after e date of completion of the training andperiodi
,cally thereafter. shall provide information concerning the com
pliance of such cipient with the work requirement under
paragraph (1).
(0 ADMINISTRATlO OF FELLOWSHIPS.-The Secretary may ad
minister the fellowship authorized under this section through a
grant to, or contract or
perative agreement with, an Indian, or
ganization with demonstra d qualifications to administer all facets
of the program assisted un r this section.
SEC. 9124. [20 U.s.Co 7834] G
AND TALENTED.
(a) PROGRAM AUTHORIZED. The Secretary is authorized to
(1) establish two cente for gifted and talented Indian stu
dents ·at tribally controlled mmunity colleges in accordance
with this section; and
,
(2) support demonstration rojects described in subsection
(c).
(b) ELIGIBLE ENTlTlES.-The Sec tary shall make grants to, or
enter into contracts, for the activities described in subsection (a),
with'
(1) two tribally controlled comm "ty colleges that
(A) are eligible for .funding
der the Tribally Con
trolled Community College ABsis ce Act of 1978; and
(B) are fully accredited; or
(2) if the Secretary does not receive pplications that the
Secretary determines to be approvable-fi
two colleges that
meet th~ requirements of paragraph (1), e American Indian
Higher Education Consortium.
(c) USE OF FuNDs.
(1) IN GENERAL.-The grants made, or c~racts entered
into, by the Secretary under subsection (a) aha be used for
(A) the establishment of centers desc 'bed in sub
section (a); and
(B) carrying out demonstration projects d~' to
gned
(i) address the special needs of Indian udents in
elementary and secondary schools who are . d and
talented; and '
(ii) provide such support services to the falqilies of
the students described in clause (i) as are n~~ed to
enable such students to benefit from the projects.
(2) SUBCoNTRACTS.-Each recipient of a grant or con~act
, under subsection (a) may enter into a contract with any 0
entity. including the Children's Television Workshop, to c
out the demonstration project under this subsection.
flv3<...e)
'1(14(C~\
�{a) DEMONSTRATION pRoiEcTs.-Demonstration projects
sisted under subsection (a) may include--
(A) the identification of the special needs-of gifted and
talented Indian students, particularly at the elementary
chool level, giving attention to
(i) the emotional and psychosocial needs of such
students; and
(ii) providing such support services to the families
such students as are needed to enable such students
benefit from the project;
(B}~the conduct of educational, psychosocial, and devel·
opmen
activities that the Secretary determines holds a
reasonab ~ promise of resulting in substantial progress to
ward mee' g the educational needs of such gifted and tal·
ented child n, including·but not limited to
(i)
monstrating and exploring the use of Indian
language and exposure to Indian cultural traditions;
and
(ti) men, ring and apprenticeship programs;
,
(C) the provi'{ion of tec:hnical assistance and the co
ordination of aCtiV1:$es at schools that receive grants under
subsection (d) with spect to the activities assisted under
such grants, the ev uation of programs assisted under
such grants, or the di emination of such evaluations;
(D) the use of pub 'c television in meeting the special
educational needs of suc gifted and talented children;
(E) leadership pro
s designed to replicate pro
grams for such children
ughout the United States, in
cluding disseminating info ation derived from the dem
onstration projects conducte under subsection (a); and
,
(F) appropriate research, evaluation, and related ac
tivities pertaining to the needs f such children and to the
provision of such support servi s to the families of such
children that are needed to enabl such children to benefit
from the project.
(4) APPLICATION.-Each entity desit1i
a grant under sub
section (a) shall submit an application to e Secretary at such
time and in such manner as the Secretary ay prescribe.
lE-A,/6
(d) ADDITIONAL GRANTS.
(1) IN GENERAL.-The Secretary, in co
ultation with the
Secretary of the Interior, shall award 5 gran to schools fund
ed by the Bureau of Indian Affairs (hereafter i this section re
ferred to as "Bureau schools") for program rese h and devel
opment and the development and dissemination f curriculum
and teacher training material, regarding
(A) gifted and talented students;
(B) college preparatory studieS (including pro
lndian students with an interest in pursuing tea
reers);
(C) students with special culturally related aca emic
needs, including students with social, lingual, and cuI ral
needs; or
(D) mathematics and science education.
1114ce~')
(d}(/)
�(2) APPLlcATIONS.-Each Bureau school desiring a grant to
nduct one or more of the activities described in paragraph (1)
sh'all submit an application to the Secretary in such form and
at S'uch time as the Secretary may prescribe.
) SPECIAL RULE.-Each application described in para
graph 2) shall be developed, and each grant under this sub
section hall be administered, jointly by the supervisor of the
Bureau hool and the local educational agency serving such
school.
(4) REQ IREMENTS.-In awarding grants under paragraph
(1), the S
ry shall achieve a mixture of the programs de
scribed in par graph (1) that ensures that Indian students at
all grade level~nd in all geographic areas of the United
States are able
participate in a program assisted under this
subsection.
(5) GRANT PER OD.-Subject to the availability of appro
priations, grants un~r
paragraph (1) shall be awarded for a
3-year period and ma be renewed by the Secretary for addi
tional 3-year periods i he Secretary determines that the per
fonn'ance of the grant re 'pient has been satisfactory.
) The dissemination of any mate
(6) DISSEMINATION.
rials developed from acti ies assisted under paragraph (1)
shall be carried out in coo ration with entities that receive
funds pursuant to subsection
(B) The Secretary shall re rt to the Secretary of the Inte
rior and to the' Congress any r ults from activities described
in paragraph (3)(B).
e costs of evaluating any
(7) EVALUATION COSTS.-(A)
activities assisted under paragrap (1) shall be divided be
tween the Bureau schools conductin such activities and the
recipients of grants or contracts unde subsection (b) who con
duct demonstration projects Wlder such ubsection.
(B) Ifno funds are provided under su section (b) for
the evaluation of activities a sisted under para
graph (1);
(ii) technical assistance and coordin tion with respect
to such activities; or
(iii) the dissemination of the evaluation referred to in
clause (0,
'
then the Secretary shall make such grants, or en~into such
contracts, as are necessary to provide for the evalu ions, tech
nical assistance, and coordination of such activitie and the
dissemination of the evaluations.
(e) INFORMATION NETWORK.-The Secretary shall en~urage
each recipient of a grant or contract under this section to ,w k co
operatively as Dart of a national network to ensure that the for
mation developed by the grant or contract recipient is readily av
able to the entire educational community.
7'k- A" 11
&. '
m
r(~(tlx,;;-)
(€)
�EC.
9125. [20 U.s.C. 7835) GRANTS TO TRIBES FOR EDUCATION AD.
MINlSTRATIVE PLANNING AND DEVELOPMENT.
:£kit- /~
(a) IN GENERAL.-The Secretary may make grants to Indian
and tribal organizations approved by Indian tribes, to plan
and develop a centralized tribal administrative entity ta
(1) coordinate all education programs operated by the tribe
or W\.~n the territorial jurisdiction of the tribe;
. <'21 develop education codes for schools within the terri
sdiction of the tribe;
torial J~.
(3) . rovide support services and technical assistance to
schools se ·ng children of the tribe; and
(4) perform child-find screening services for the preschool
aged chiliire' oC the tribe to
(A) e ure placement in appropriate educational facili
ties; and
(B) coo ·nate the provision of any needed special
services for editions such as disabilities and English lan
guage skill de .encies.
(b) PERIOD OF G.-Each grant under this section may be
. awarded for a period of t more than 3 years, except that such
grant may be renewed upo the termination of the initial period of
the grant if the grant iecipi t demonstrates to the satisfaction of
the Secretary that renewing e grant for an additional 3-year pe
riod is necessary to carry out t e objectives of the grant described
in subsection (c)(2)(A).
(c) APPLICATION FOR GRANT.
(1) IN GENERAL.-Each In n tribe and tribal organization
desiring a grant under this secti shall submit an application
to the Secretary at such time, in ch manner, containing such
information, and consistent with su criteria, as the Secretary
may prescribe in regulations.
(2) CONTENTS.-Each application described in paragraph
(1) shall contain
(A) a statement describing the activities to be con
ducted, and the objectives to be achie d, under the grant;
and
(B) a description of the method to
used for evaluat
ing the effectiveness of the activities for hich assistance
is sought and determining whether sucn objectives. are
achieved.
(3) APPROVAL......:.The Secretary may approve a application
submitted by. a tribe or ttib~l organization pursu nt to this
section only if the Secretary is satisfied that such a lication,
including any documentation submitted with the app ation
(A) demonstrates that the applicant has co suIted
with other education entities, if any, within the te
rial
jurisdiction of the applicant who will be affected by th ac
tivities to be conducted under the grant;
.
(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
trib~.
9f7hUt }-
.
(c'(3YB'
�(e) deaionstrates that there will be adequate resoUrces
provided under this section or from other sources to com- .
plete the activities for which assistance is sought, except
. that the availability of such other resources shall not be a
basis for disapproval of such application.
(d) ~ICT10N.-A tribe may not receive funds under this
section if>.such tribe receives funds under section 1144 of the Indian
Education=endments of 1978.
(e) A
ORIZATION OF APPROPRlATIONS.-There are authorized
to be appro fiated to the Department of Education $3,000,000 for
each of the fiScal years 1995 through 1999 to carry out this section.
•
Subpart
SEC.
9131. [20
Kit-If
~Qpecial Programs Relating to Adult
"\
Education for Indians
u.soC\ 7851] IMPROVEMENT OF EDUCATIONAL OPPOR·
~OR ADULT INDIANS.
(a) IN GENERAL.~The Secretary shall award grants to State
and local educational \gencies, and to Indian tribes, institutions,
and organizations'\
(1) to support planning, pilot, and .demonstration projects
that are designed to ~t
and. demons.trate the effectiveness of
programs for improvin employment and educational opportu·
nities for adult Indians;
.
(2) to assist in the stablishment and operation of pro
grams that are designed U\stimulate
(A) basic literacy o)portunitieS for all nonliterate In
dian adults; and
.
(B) the provision of ~portunities to all Indian adults
to <J.ualify f~r a secondary 8cll(~ol dipl?ma, or ~ts recognized
et}wvalent, In the shortest t1eriod of time feasible;
(3) to support a major reseat.ch and "development program
to develop more innovative and effective techniques for achiev
ing literacy and secondary school eq\l'valency for Indians;
(4) to provide for basic surveys
d evaluations to define
accurately the extent of the problem of illiteracy and lack of
secondary school completion among In .ana; and
(5) to encourage the dissemination f information and ma
terials relating to, and the evaluation
the effectiveness of
education programs that may offer educa nal opportunities to
Indian adults.
(b) EDUCATIONAL SERVICES.-The Secretary' ay make grants
to Indian tribes, institutions, and organizations
develop and es
tablish educational services and programs specifi lly designed to
improve educational opportunities for Indian adults.
may make
(c) INFORMATION AND EVAujATION.-The Secre
grants to, and enter into contracts with, public agen s and insti
tutions and Indian tribes, institutions, and organizatio ,for
(1) the dissemination. of information conce 'ng edu
cational programs, services, and resources available
Indian
adults, including evaluations of the programs, service and re
sources; and
(2) the evaluation of federally assisted programs in\which
Indian adults mav DarticiDate to determine the effectiven\ss of
the programs in achieving the purposes of the programs
respect to Indian adults.
?/~s(CX3'ie)
9f3{(c)
�]El~ '2IJ
APPLICATIONS.
) IN GENERAL-Each entity desiring a grant under this
sectio shall submit to the Secretary an application at such
time, in uch manner, containing such information, and can.
sistent W1 such criteria, as the Secretary may prescribe in
regulations.
.
.
(2) Co ,
.--.:..Each application descri~d in paragraph
(1) shall contain
(A) a sta
ent describing the activities to be con.
ducted, and the 'ectives to be achieved, under the grant·
and
'
(B) a description f the method to be used for evaluat
ing the effectiveness 0 the activities for which assistance
is sought and determi
whether the objectives of the
~t are achieved.
(3) ,ApPROVAL.-The Secre
shall not approve an appli.
cation described in paragraph (1
less the Secretary deter·
mines that such application, includin
y documentation suD;.
mitted with the application, indicates
(A) there has been adequate p
'pation, by the indi
viduals to be served and appropriate 'bal communities,
in the planning and development of the a ivities to be as
.
sisted; and
(B) the individuals and tribal communities.. referred to
in subparagraph (A) will participate in the ope~tion and
evaluation of the activities to be assisted,
(4) PRIoRITY.-In approving applications under par
aph
(~), the Sec.retary sha~l give p~ori~y to ap l~cat!on~ fro
In
Subpart~National Research Activities
') 3
SEC. 9141. [20 u.s.C. 7861] NATIONAL ACTIVITIES.
(a) AUTHORIZED ACTIVITIES.-The Secretary may use funds
made available under section 9162(b) for each fiscal year to
(1) conduct research related to effective approaches for the
education of Indian children and adults; .
(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
(3) collect and analyze data on the educational status and
needs of Indians; and
(4) carry out other activities that are consistent with the
Ellrpose of this part.
(b) ELlGIBILlTY.-The Secretary may carry out any of the ac·
tivities described in subsection (a) directly or through grants to, or'
contracts or cooperative agreements with Indian tribes, Indian or·
ganizations, State educational agencies, local educational agencies,
institutions of higher education, including Indian institutions of
higher education, and other public and private agencies and
institutions.
(c) COORDINATION.-Research activities supported under this
section
'?farCd)
"!IW(e)
�(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to assure that such ac
tivities are coordinated with and enhance the research and de
velopment activities supported by the Office; and
(2) may include collaborative research activities which are
jointly fundec;t and carried out by the Office of Indian Edu
cation and the Office of Educational Research and Improve
ment.
Subpart8ir-Federal Administration
IEit" U
>~
SEC. 911n. [20 usc. 7871] NATIONAL ADVISORY COUNCn. ON INDIAN
EDUCATION.
(a) MEMBERSHIP.-There is established a National Advisory
Council on Indian Education (hereafter in this section referred to
as the "Council"), which shall
(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
(2) represent different geographic areas of the United
States.
(b) DUTIES.-The Council shall
. (1) advise the secretary concerning the funding and ad
ministration (including the development of regulations and ad
ministrative policies and practices) of any program. including
any program established under this parii
(A) with respect to which the Secretary has jurisdic
tion'and
•
, ..
(BXi) that includes Indian children or adults as par
ticipants; or
(ii) that may benefit Indian children or adults;
(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
(3) submit to the Congress, not later than June 30 of each
year, a report on the activities of the Council, induding
(A) any recommendations that the Council considers
appropriate for the improvement of Federal education pro
grams that include Indian children or adults as partici
pants, or that may benefit Indian children or adults; and
(B) recommendations concerning the funding of any
program described in subparagraph (A).
SEC. 9152. [20 u.s.c. 7872] PEER REVIEW.
The Secretary may use a peer review process to review applica
tions submitted to the Secretary under~ttbpart 2, 3, 9F
9
SEC. 91153. [20 U.s.C. 7873] PREFERENCE FOR INDIAN APPUCANTS.
. . In making grants under~pO::Ft 2, 3. 9F ~ the Secretary shall
glve a preference to Indian tribes, organizatins, and institutions
o~ higher education under any program with respect to which In
dian tribes, organizations, and institutions are eligible to apply for
grants.
)
.,
au b par t... or "_
..
subpart 2 or
:3
..
?I¢1(CY-/}
9153
�~A--
j,/J,
subpart 2
SEC. 9161. [20 U.s.C. 7881) DEFINITIONS.
As used in this part:
(1) ADULT.-The term "adult" means an individual who
(A) has attained the age of 16 years; or .l
(B) has attained an age that is greater than the age
of compulsory school attendance under an applicable State
law..
.
(2) ADULT EDUCATION.-The term "adult education" has
the meaning given such term in section 312(2) of the Adult
Education Act.
(3) FREE PUBLIC EDUCATION.-The term "'free public edu
cation" means education that is-- .
(A) provided at public expense, under public super
vision and direction, and without tuition charge; and
(B) provided· as elementary or secondary education in
the appbcable State or to preschool children.
(4) INDlAN.-The term "'Indian" means an individual who
is-.
(A) a member of an Indian tribe or band, as member
ship is defined by the tribe or band, including
(i) any tribe or band terminated since 1940; and
(ti) any tribe or band recognized by the State in
which the tribe or band resides;
(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A); .
(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that re
ceived a grant under the Indian Education Act of 1988 as
it was in effect the da,X preceding the date of enactment of
the Act entitled the Improving ;\.merica's Schools Act of
1994".
916ct
'flbl
�"...._?"
I.-For the purpose of carrying out subpart 1 of
this p , ere are authorized to be arpropriated to the Depart
ment of Educ . n $61,300,000 for fisca year 1995 and such sums
as may be necess
for each of the four succeeding fiscal years.
(b) SUBPARTS 2
GH 4.-For the purpose of carrying out
subparts 2, 3, and 4 of this
, there are authorized to be appro
priated to the Department of E
tion $26,000,000 for fiscal year
1995 and such sums as may be nece
for each of the four suc
ceeding fiscal years.
(c) SUBPART 5.-For the purpose of carrying
this part, there are authorized to _ appropriated to~Depart
be
ment of Education $3,775,000 for fiscaI year 1995. and suc
SUBPART
"AUTHORIZATION OF APPROPRIATIONS
7'[-.
- 4-~}
"SEC. 9162. (a) SUBPART 1. For the purpose of carrying out
subpart 1 of this part, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2001
through 2005.
"(b) SUBPARTS 2 AND 3.
For the purpose of carrying out
subparts 2 and 3 of this part, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 2001 through 2005. '
91('z"
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Andrew Rotherham - Education Series
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Andrew Rotherham
Date
A point or period of time associated with an event in the lifecycle of the resource
1999-2000
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36329">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2011-0103-S
Description
An account of the resource
The Education Series highlights topics relating to class size reduction, test preparation, the Elementary and Secondary Education Act, charter schools, the digital divide, distance learning, youth violence in schools, teacher salaries, social promotion, Hispanic education, standardized testing, and after-school programs. The records include reports, draft legislation, memoranda, correspondence to and from organizations and community leaders that focus on education issues, articles, publications, email, and fact sheets relating to the Administration’s progress on education.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Extent
The size or duration of the resource.
171 folders in 12 boxes
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
[Elementary and Secondary Education Act of 1965] [2]
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Andrew Rotherham
Education Series
Identifier
An unambiguous reference to the resource within a given context
2011-0103-S
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 3
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2011-0103-S-edu.pdf">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
8/22/2013
Source
A related resource from which the described resource is derived
2011-0103-Sa-elementary-and-secondary-education-act-of-1965-2
612954