Pub. L. 100-297, sec. 1
SHORT TITLE; TABLE OF CONTENTS.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.—This Act may be cited as the “Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988”. (b) Table of Contents.— Sec. 1. Short title; table of contents. TITLE I—ELEMENTARY AND SECONDARY EDUCATION PROGRAM AUTHORIZED Sec. 1001. Amendments to the Elementary and Secondary Education Act of 1965. “Sec. 1. Short title. “TITLE I—BASIC PROGRAMS “Chapter 1—Financial Assistance to Meet Special Educational Needs of Children “Sec. 1001. Declaration of policy and statement of purpose. “Part A—Basic Programs Operated by Local Educational Agencies “subpart 1—allocations “Sec. 1005. Basic grants. “Sec, 1006. Grants for local educational agencies in counties with especially high concentrations of children from low-income families. “subpart 2—basic program requirements “Sec. 1011. Uses of funds. “Sec. 1012. Assurances and applications. “Sec. 1013. Eligible schools. “Sec. 1014. Eligible children. “Sec. 1015. School wide projects. “Sec. 1016. Parental involvement. “Sec. 1017. Participation of children enrolled in private schools, “Sec. 1018. Fiscal requirements. “Sec. 1019. Evaluations. “Sec. 1020. State educational program improvement plan “Sec. 1021. Program improvement. “Part B—Even Start Programs Operated by Local Educational Agencies “Sec. 1051. Statement of purpose. “Sec. 1052. Program authorisation. “Sec. 1053. Allocation, “Sec. 1054. Uses of funds. “Sec. 1055. Eligible participants. “Sec. 1056. Applications. “Sec. 1057. Award of grants. “Sec. 1058. Evaluation. “Sec. 1059. Authorization of appropriations. 102 STAT. 131 “Part C—Secondary School Programs for Basic Ski us Improvement and Dropout Prevention and Reentry “Sec. 1101. Purpose. “Sec. 1102. Allocation, “Sec. 1103. Uses of funds. “Sec. 1104. Applications. “Sec. 1105. Award of grants. “Sec. 1106. Fiscal requirements and coordination provisions, “Sec. 1107. Evaluations. “Sec. 1108. Authorization of appropriations. “Part D—Programs Operated by State Agencies “subpart 1—programs for migratory children “Sec. 1201. Grants—entitlement and amount. “Sec. 1202. Program requirements. “Sec. 1203. Coordination of migrant education activities. “subpart 2—programs for handicapped children “Sec. 1221. Amount and eligibility. “Sec. 1222. Program requirements. “Sec. 1223. Uses of funds. “Sec. 1224. Service and program applications. “Sec. 1225. Eligible children. “Sec. 1226. Federal monitoring requirement. “subpart 3—programs for neglected and delinquent children “Sec. 1241. Amount and entitlement “Sec. 1242. Program requirements. “Sec. 1243. Transition services. “Sec. 1244. Definitions. “subpart 4—general provisions for state operated programs “Sec. 1291. Reservation of funds for territories. “Sec. 1292. Dual eligibility for programs. “Part E—Payments “Sec. 1401. Payment methods. “Sec. 1402. Amount of payments to local educational agencies. “Sec. 1403. Adjustments where necessitated by appropriations. “Sec. 1404. Payments for State administration. “Sec. 1405. Funds for the implementation of school improvement programs. “Sec. 1406. Limitation on grant to the Commonwealth of Puerto Rico. “Part F—General Provisions “subpart 1—federal administration “Sec. 1431. Federal regulations. “Sec. 1432. Availability of appropriations. “Sec. 1433. Withholding of payments. “Sec. 1435. Evaluation. “Sec. 1436. Coordination of Federal, State, and local administration. “Sec. 1437. Authorization of appropriations for evaluation and technical assistance. “Sec. 1438. Application of General Education Provisions Act. “Sec. 1439. National Commission on Migrant Education. “subpart 2—state administration “Sec. 1451. State regulations. “Sec. 1452. Records and information. “Sec. 1453. Assignment of personnel. “Sec. 1454. Prohibition regarding State aid. “subpart 3—rural educational opportunities “Sec. 1456. Program authorized. “Sec. 1457. Application priority requirements. “Sec. 1458. Coordination, dissemination, and report. “Sec. 1459. Authorization of appropriations. 102 STAT. 132 “subpart 4—studies “Sec. 1461 Report on State and local evaluations. “Sec. 1462. National study on effect of programs on children. “Sec. 1463. Authorization of appropriations. “subpart 5—definitions “Sec. 1471. Definitions. “subpart 6—miscellaneous provisions “Sec. 1491. Transition provisions. “Chapter 2—Federal, State, and Local Partnership for Educational Improvement “See. 1501. Findings and statement of purpose. “Sec. 1502. Authorization of appropriations; duration of assistance. “Part A—State and Local Programs “subpart 1—general provisions “Sec. 1511. Allotment to States. “Sec. 1512. Allocation to local educational agencies. “subpart 2—state programs “Sec. 1521. State uses of funds. “Sec. 1522. State applications. “subpart 3—local targeted assistance programs “Sec. 1531. Targeted use of funds. “Sec. 1532. Authorized activities. “Sec. 1533. Local application. “subpart 4—effective schools programs “Sec. 1541. Establishment. “Sec. 1542. Effective schools. “Part B—National Programs and Activities “Sec. 1561. General authority. “Sec. 1562. National Diffusion Network activities. “Sec. 1563. Inexpensive Book Distribution program for reading motivation. “Sec. 1564. Arts in education program. “Sec. 1565. Law-related education program. “Sec. 1566. Blue Ribbon Schools program. “Part C—General Administrative Provisions “Sec. 1571. Maintenance of effort; Federal funds supplementary. “Sec. 1572. Participation of children enrolled in private schools. “Sec. 1573. Evaluations and reporting. “Sec. 1574. Federal administration. “Sec. 1575. Application of General Education Provisions Act. “Sec. 1576. Transition provisions. “TITLE II—CRITICAL SKILLS IMPROVEMENT “Part A—Dwight D. Eisenhower Mathematics and Science Education Act “Sec. 2001. Short title. “Sec. 2002. Statement of purpose. “Sec. 2003. Program authorized. “Sec. 2004. Allocation of funds. “Sec. 2005. In-State apportionment. “Sec. 2006. Elementary and secondary education programs. “Sec. 2007. Higher education programs. “Sec. 2008. State application. “Sec. 2009. Local application. “Sec. 2010. Participation of children and teachers from private schools. “Sec. 2011. Federal administration. “Sec. 2012. National programs. “Sec. 2013. Definitions. 102 STAT. 133 “Part B—Foreign Languages Assistance “Sec. 2101. Short title. “Sec. 2102. Findings, “Sec. 2103. Program authorized. “Sec. 2104. Allotments. “Sec. 2105. Definitions. “Sec. 2106. Authorization of appropriations. “Part C—Presidential Awards for Teaching Excellence in Mathematics and Science and in Foreign Languages “Sec. 2201. Presidential awards. “Sec. 2202. Administrative provisions. “Sec. 2203. Authorization of appropriations. “TITLE III—MAGNET SCHOOLS ASSISTANCE “Sec. 3001. Authorization of appropriations; reservation. “Sec. 3002. Eligibility. “Sec. 3003. Statement of purpose. “Sec. 3004. Program authorized, “Sec. 3005. Definition. “Sec. 3006. Uses of funds. “Sec. 3007. Applications and requirements. “Sec. 3008. Special consideration. “Sec. 3009. Prohibitions. “Sec. 3010. Limitation on payments. “Sec. 3011. Payments. “Sec. 3012. Withholding. “TITLE IV—SPECIAL PROGRAMS “Part A—Women’s Educational Equity “Sec. 4001. Short title; findings and statement of purpose. “Sec. 4002. Program authorized. “Sec. 4003. Application; participation. “Sec. 4004. Challenge grants. “Sec. 4005. Criteria and priorities. “Sec. 4006. Reports, evaluation, and dissemination. “Sec. 4007. Authorization of appropriations. “Part B—Gifted and Talented Children “Sec. 4101. Short title. “Sec. 4102. Findings and purposes. “Sec. 4103. Definitions. “Sec. 4104. Authorized programs. “Sec. 4105. Program priorities. “Sec. 4106. Participation of private school children and teachers. “Sec. 4107. Administration. “Sec. 4108. Authorization of appropriations. “Part C—Allen J. Ellender Fellowship Program “Sec. 4301. Findings. “subpart 1—program for secondary school students and teachers “Sec. 4311. Establishment. “Sec. 4312. Applications, “subpart 2—programs for older americans and recent immigrants “Sec. 4321. Establishment, “Sec. 4322. Applications. “subpart 3—general provisions “Sec. 4331. Administrative provisions. “Sec. 4332. Authorization of appropriations. “Part D—Immigrant Education “Sec. 4401. Short title. “Sec. 4402. Definitions. “Sec. 4403. Authorizations and allocation of appropriations. “Sec. 4404. State administrative costs. 102 STAT. 134 “Sec. 4405. Withholding. “Sec. 4406. State entitlements. “Sec. 4407. Uses of funds. “Sec. 4408. Applications. “Sec. 4409. Payments. “Sec. 4410. Reports. “Part E—Territorial Assistance “Sec. 4501. General assistance for the Virgin Islands. “Sec. 4502. Territorial teacher training assistance. “Part F—Secretary’s Fund for Innovation in Education “Sec. 4601. Program authorized. “Sec. 4602. Optional tests for academic excellence. “Sec. 4603. Technology education. “Sec. 4604. Programs for computer-based education. “Sec. 4605. Programs for the improvement of comprehensive school health education. “Sec. 4606. Alternative curriculum schools. “Sec. 4607. Authorization of appropriations. “TITLE V— DRUG EDUCATION “Sec. 5101. Short title. “Sec. 5102. Findings. “Sec. 5103 Purpose. “Part A—Financial Assistance for Drug Abuse Education and Prevention Programs “Sec. 5111. Authorization of appropriations. “Sec. 5112. Reservations and State allotments. “Part B—State and Local Programs “Sec. 5121. Use of allotments by States. “Sec. 5122. State programs. “Sec. 5123. State applications. “Sec. 5124. Responsibilities of State educational agencies. “Sec. 5125. Local drug abuse education and prevention programs. “Sec. 5126. Local applications. “Sec. 5127. State reports. “Part C—National Programs “Sec. 5131. Grants to institutions of higher education. “Sec. 5132. Federal activities. “Sec. 5133. Programs for Indian youth. “Sec. 5134. Programs for Hawaiian natives. “Sec. 5135. Regional centers. “Part D—General Provisions “Sec. 5141. Definitions. “Sec. 5142. Functions of the Secretary of Education, “Sec. 5143. Participation of children and teachers from private nonprofit schools. “Sec. 5144. Materials. “Part E—Miscellaneous Provisions “Sec. 5191. Indian education programs. “Sec. 5192. Transition. “TITLE VI—PROJECTS AND PROGRAMS DESIGNED TO ADDRESS SCHOOL DROPOUT PROBLEMS AND TO STRENGTHEN BASIC SKILLS INSTRUCTION “Part A—Assistance to Address School Dropout Problems “Sec. 6001. Short title. “Sec. 6002. Purpose. “Sec. 6003. Authorization of appropriations. “Sec. 6004. Grants to local educational agencies, “Sec. 6005. Application. “Sec. 6006. Authorized activities. “Sec. 6007. Distribution of assistance; limitation on costs. 102 STAT. 135 “Part B—Assistance to Provide Basic Skills Improvement “Sec. 6101. Short title. “Sec. 6102. Purpose. “Sec. 6103. Authorization of appropriations. “Sec. 6104. Grants to local educational agencies. “Sec. 6105. Authorized activities. “Sec. 6106. Application. “Part C—General Provisions “Sec. 6201. Genera] provisions. “Sec. 6202. Definitions. “TITLE VII—BILINGUAL EDUCATION PROGRAMS “Sec. 7001. Short title. “Sec. 7002. Policy; appropriations. “Sec. 7003. Definitions; regulations. “Part A—Financial Assistance for Bilingual Education Programs “Sec. 7021. Bilingual education programs. “Sec. 7022. Indian children in schools. “Part B—Data Collection, Evaluation, and Research “Sec. 7031. Use of funds. “Sec. 7032 Grants for State programs. “Sec. 7033. Program evaluation requirements. “Sec. 7034. Evaluation assistance centers. “Sec. 7035. Research. “Sec. 7036. Coordination of research. “Sec. 7037. Education statistics. “Part C—Training and Technical Assistance “Sec. 7041. Use of funds. “Sec. 7042. Multifunctional resource centers. “Sec. 7043. Fellowships. “Sec. 7044. Priority. “Sec. 7045. Stipends. “Part D—Administration “Sec. 7051. Office of Bilingual Education and Minority Languages Affairs. “Sec. 7052. Limitation of authority. “Part E—Transition “Sec. 7063. Transition.”. Sec. 1002. Conforming amendments. Sec. 1003. Repeals. Sec. 1004. Special rule on school dropout demonstration program. TITLE II—AMENDMENTS TO OTHER EDUCATIONAL PROGRAMS Part A—Impact Aid Program Sec. 2001. Short title. subpart 1—public law 874 Sec. 2011. Administrative amendments. Sec. 2012. Reauthorization. Sec. 2013. Federal acquisition of real property. Sec. 2014. Entitlements and payments. Sec. 2015. Method of payment. Sec. 2016. Children for whom local agency is unable to provide education. Sec. 2017. Disaster assistance. Sec. 2018. Treatment of children residing on property assisted under section 8 of the United States Housing Act of 1937. Sec. 2019. Children residing on, or whose parents are employed on, Federal property. Sec. 2020. Regulation requirements. Sec. 2021. Definition. 102 STAT. 136 subpart 2—public law 815 Sec. 2031. Reauthorization. Sec. 2032. Administrative amendments. Sec. 2033. Disaster assistance. Sec. 2034. Technical amendment. Part B—Adult Education Sec. 2101. Short title. Sec. 2102. Amendment to Adult Education Act. “TITLE III—ADULT EDUCATION PROGRAMS “Sec. 301. Short title. “Part A—Basic Program Provisions “Sec. 311. Statement of purpose. “Sec. 312. Definitions. “Sec. 313. Authorization of appropriations; allotments. “Part B—State Programs “subpart 1—basic state grants “Sec. 321. Basic grants. “Sec. 322. Use of funds; local applications. “Sec. 323. Private sector adult education training. “Sec. 324. Local administrative cost limits. “subpart 2—programs for corrections education and education for other institutionalized individuals “Sec. 326. Program authorized. “subpart 3—state administrative responsibilities “Sec. 331. State administration. “Sec. 332. State advisory council on adult education. “subpart 4—planning and applications “Sec. 341. State plan and application. “Sec. 342. Four-year State plan. “Sec. 343. State applications. “subpart 5—evaluation and state plan amendments “Sec. 351. State plan amendments. “Sec. 352. Evaluation. “subpart 6—demonstration projects “Sec. 353. Special experimental demonstration projects and teacher training. “subpart 7—federal share; federal administrative responsibilities “Sec. 361. Payments. “Part C—Workplace Literacy and English Literacy Grants “Sec. 371. Business, industry, labor, and education partnerships for workplace literacy. “Sec. 372. English literacy grants. “Part D—National Programs “Sec. 381. Adult migrant farmworker and immigrant education. “Sec. 382. Adult literacy volunteer training. “Sec. 383. State program analysis assistance and policy studies. “Sec. 384. National research activities. “Sec. 385. Limitation.”. Part C—Education for Economic Security Sec. 2301. Reauthorization of partnership in education. Sec. 2302. Star Schools program authorized. “TITLE IX—STAR SCHOOLS PROGRAM “Sec. 901. Short title. “Sec. 902. Statement of purpose. “Sec. 903. Program authorized. 102 STAT. 137 “Sec. 904. Eligible telecommunications partnerships. “Sec. 905. Applications. “Sec. 906. Dissemination of courses and materials under the Star Schools program. “Sec. 907. Definitions.”. Sec. 2303. Repeals. Part D—Vocational Education Sec. 2401. Technical amendment. Sec. 2402. The National Center for Research in Vocational Education. Part E—Comprehensive Child Development Program Sec. 2501. Short title. Sec. 2502. Statement of purpose. Sec. 2503. Program authorized. “Subchapter E—Comprehensive Child Development Program “Sec. 670m. Short title. “Sec. 670n. Child development projects. “Sec. 670o. Limitation. “Sec. 670p. Applicability of certain rules and regulations. “Sec. 670q. Continuing evaluation of projects. “Sec. 670r. General administration. “Sec. 670s. Definitions. “Sec. 670t. Authorization of appropriations.”. Sec. 2504. Conforming amendments. Part F—Higher Education Sec. 2601. Robert T. Stafford student loan program. TITLE III—EDUCATIONAL ASSESSMENT, ACHIEVEMENT, AND ADMINISTRATION Part A—Statistics Sec. 3001. National Center for Education Statistics. Sec. 3002. Elementary and Secondary Education Act of 1965 data. Part B—Fund for the Improvement and Reform of Schools and Teaching Sec. 3201. Short title. Sec. 3202. Establishment of Fund. subpart 1—grants for schools and teachers Sec. 3211. Fund for the Improvement and Reform of Schools and Teaching. Sec. 3212. Applications. subpart 2—family-school partnership Sec. 3221. Findings and purpose. Sec. 3222. Eligible agency. Sec. 3223. Program authorized. subpart 3—administrative provisions Sec. 3231. Board authorized. Sec. 3232. Dissemination and reporting. Sec. 3233. Coordination with the Fund for the Improvement of Postsecondary Education, subpart 4—general provisions Sec. 3241. Special grant rules. Sec. 3242. Authorization of appropriations. Sec. 3243. Definitions. Part C—National Assessment of Educational Progress Sec. 3401. Short title. Sec. 3402. Statement of purpose. Sec. 3403. National assessment of educational progress. Part D—General Education Provisions Act Sec. 3501. Enforcement under the General Education Provisions Act 102 STAT. 138 “Part E—Enforcement “Sec. 451. Office of Administrative Law Judges. “Sec. 452. Recovery of funds, “Sec. 453. Measure of recovery. “Sec. 454. Remedies for existing violations. “Sec. 455. Withholding. “Sec. 456. Cease and desist orders. “Sec. 457. Compliance agreements. “Sec. 458. Judicial review. “Sec. 459. Use of recovered funds. “Sec. 460. Definitions.”. TITLE IV—EDUCATION FOR NATIVE HAWAIIANS Sec. 4001. Findings. Sec. 4002. Purpose. Sec. 4003. Native Hawaiian model curriculum implementation project. Sec. 4004. Native Hawaiian family-based education centers. Sec. 4005. Native Hawaiian higher education demonstration program. Sec. 4006. Native Hawaiian gifted and talented demonstration program. Sec. 4007. Native Hawaiian special education program. Sec. 4008. Administrative provisions. TITLE V—INDIAN EDUCATION Part A—Bureau and Contract Schools Sec. 5101. Short title. Sec. 5102. Prohibition on transfers of Bureau and contract schools. Sec. 5103. Report on temporary actions taken for a year. Sec. 5104. Eligibility and expansion of Bureau funded schools. Sec. 5105. Dormitory criteria. Sec. 5106. Regulations. Sec. 5107. Formula modifications. Sec. 5108. Administrative cost. Sec. 5109. Local procurement. Sec. 5110. Coordinated programs. Sec. 5111. Consultation. Sec. 5112. Indian employment preference. Sec. 5113. Personnel compensation, recruitment, and retention studies. Sec. 5114. Regular compensation of Bureau educators; non voluntary furloughs. Sec. 5115. Post differentials. Sec. 5116. Early childhood development program. Sec. 5117. Definitions. Sec. 5118. Sequestration orders. Sec. 5119. Tribal departments of education. Sec. 5120. School boundaries. Part B—Tribally Controlled School Grants Sec. 5201. Short title. Sec. 5202. Findings. Sec. 5203. Declaration of policy. Sec. 5204. Grants authorized. Sec. 5205. Composition of grants. Sec. 5206. Eligibility for grants. Sec. 5207. Duration of eligibility determination. Sec. 5208 Payment of grants; investment of funds. Sec. 5209. Application with respect to Indian Self-Determination and Education Assistance Act. Sec. 5210. Role of the Director. Sec. 5211. Regulations. Sec. 5212. Definitions. Part C—Department of Education Sec. 5301. Short title. subpart 1—financial, assistance to local educational agencies for the education of Indian children Sec. 5311. Declaration of policy. Sec. 5312. Grants to local educational agencies. Sec. 5313. Uses of Federal funds. 102 STAT. 139 Sec. 5314. Applications for grants; conditions for approval. Sec. 5315. Payments. Sec. 5316. Authorization of appropriations; adjustments. subpart 2—special programs and projects to improve educational opportunities for indian children Sec. 5321. Improvement of educational opportunities for Indian children. Sec. 5322. Special educational training programs for the teachers of Indian children. Sec. 5323. Fellowships for Indian children. Sec. 5324. Gifted and talented. subpart 3—special programs relating to adult education for indians Sec. 5330. Improvement of educational opportunities for adult Indians. subpart 4—program administration Sec. 5341. Office of Indian Education. Sec. 5342. National Advisory Council of Indian Education. Sec. 5343. Authorization of appropriations. subpart 5—miscellaneous Sec. 5351. Definitions. Sec. 5352. Conforming amendments. Part D—Miscellaneous Provisions Sec. 5401. Navajo community colleges. Sec. 5402. Payment of grants. Sec. 5403. Matching funds. Sec. 5404. Enrollment and general assistance payments. Sec. 5405. Use of Bureau facilities. Sec. 5406. Institute of American Indian and Alaska Native Culture and Arts Development. Part E—White House Conference on Indian Education Sec. 5501. Findings. Sec. 5502. Authorization to call conference. Sec. 5503. Composition of conference. Sec. 5504. Administrative provisions. Sec. 5505. Reports. Sec. 5506. Advisory committee. Sec. 5507. Gifts and title to certain property. Sec. 5508. Authorization of appropriations. TITLE VI—GENERAL AND MISCELLANEOUS PROVISIONS Part A—Miscellaneous Education Provisions subpart 1—education for the homeless Sec. 6001. Technical amendment. subpart 2—special grant program Sec. 6011. Education and training for individuals at risk. Part B—Prohibition of Dial-a-Porn Sec. 6101. Amendment to the Communications Act of 1934. Part C—Studies Sec. 6201. Even start study. Sec. 6202. Student dropout study. Sec. 6203. Study of State operated program for handicapped children. Sec. 6204. Study on tutoring programs. Sec. 6205. Study of local use of chapter 2 funds. Sec. 6206. National study of effective schools programs. Sec. 6207. Study of fund distribution. Sec. 6208. Study relating to women’s educational equity. Sec. 6209. Immigrant education report and assessment. Sec. 6210. Annual report on education of Indian children. Sec. 6211. Research relating to bilingual education. Sec. 6212. Bilingual training fellowship impact study. Sec. 6213. Report on bilingual education. 102 STAT. 140 Sec. 6214. Joint study of services. Sec. 6215. Report on projects developed with assistance from the Fund for Improvement and Reform of Schools and Teaching. Part D—General Provisions Sec. 6301. Definitions. Sec. 6302. Budget Act provisions. Sec. 6303. Effective date.