AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

SEC. 1001. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) (other than title X of such Act) is amended to read as follows: “SECTION 1. SHORT TITLE. “This Act may be cited as the ‘Elementary and Secondary Education Act of 1965’. “TITLE I—BASIC PROGRAMS “CHAPTER 1—FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF CHILDREN “SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE. “(a) Declaration of Policy.—In recognition of— “(1) the special educational needs of children of low-income families and the impact of concentrations of low-income families on the ability of local educational agencies to provide educational programs which meet such needs, and “(2) the special educational needs of children of migrant parents, of Indian children, and of handicapped, neglected, and delinquent children, the Congress declares it to be the policy of the United States to— “(A) provide financial assistance to State and local educational agencies to meet the special needs of such educationally deprived children at the preschool, elementary, and secondary levels; “(B) expand the program authorized by this chapter over the next 5 years by increasing funding for this chapter by at least $500,000,000 over baseline each fiscal year and thereby increasing the percentage of eligible children served in each fiscal year with the intent of serving all eligible children by fiscal year 1993; and “(C) provide such assistance in a way which eliminates unnecessary administrative burden and paperwork and overly prescriptive regulations and provides flexibility to State and local educational agencies in making educational decisions. “(b) Statement of Purpose.—The purpose of assistance under this chapter is to improve the educational opportunities of educationally deprived children by helping such children succeed in the regular program of the local educational agency, attain grade-102 STAT. 141level proficiency, and improve achievement in basic and more advanced skills. These purposes shall be accomplished through such means as supplemental education programs, schoolwide programs, and the increased involvement of parents in their children’s education. “PART A—BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES “Subpart 1—Allocations “SEC. 1005. BASIC GRANTS. “(a) Amount of Grants.— “(1) Grants for territories.—There is authorized to be appropriated for each fiscal year for the purpose of this para-graph 1 percent of the amount appropriated for such year for payments to States under this section. The amount appropriated pursuant to this paragraph shall be allotted by the Secretary (A) among Guam, American Samoa, the Virgin Is-lands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and (B) to the Secretary of the Interior in the amount necessary (i) to make payments pursuant to paragraph (1) of subsection (d), and (ii) to make payments pursuant to paragraph (2) of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Secretary determines will best carry out the purposes of this chapter. “(2) Grants for local educational agencies and Puerto Rico.— “(A) In any case in which the Secretary determines that satisfactory data for that purpose are available, the grant which a local educational agency in a State is eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (31), be determined by multiplying the number of children counted under subsection (c) by 40 percent of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that (i) if the average per pupil expenditure in the State is less than 80 percent of the average per pupil expenditure in the United States, such amount shall be 80 percent of the average per pupil expenditure in the United States, or (ii) if the average per pupil expenditure in the State is more than 120 percent of the average per pupil expenditure in the United States, such amount shall be 120 percent of the average per pupil expenditure in the United States. “(B) In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the basis of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under 102 STAT. 142subparagraph (A) for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with the basic criteria prescribed by the Secretary. “(C) For each fiscal year, the Secretary shall determine the percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. The grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the product of— “(i) the percentage determined under the preceding sentence; and “(ii) 32 percent of the average per pupil expenditure in the United States. “(3) Special allocation procedures.— “(A) Upon determination by the State educational agency that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause (C) of paragraph (1) of subsection (c) who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Secretary, which does assume such responsibility, shall be eligible to receive such portion of the allocation. “(B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this chapter. “(C) In any State in which a large number of local educational agencies overlap county boundaries, the State educational agency may apply to the Secretary for authority during any particular fiscal year to make the allocations under this part (other than section 1006) directly to local educational agencies without regard to the counties or may continue to make such allocations if the agency had the authority to do so under chapter 1 of the Education Consolidation and Improvement Act of 1981. If the Secretary approves an application of a State educational agency for a particular year under this subparagraph, the State educational agency shall provide assurances that such allocations will be made using precisely the same factors for determining a grant as are used under this part and that a 102 STAT. 143procedure will be established through which local educational agencies dissatisfied with the determinations made by the State educational agency may appeal directly to the Secretary for a final determination. “(4) Definition.—For purposes of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. “(b) Minimum Number of Children To Qualify.—A local educational agency shall be eligible for a basic grant for a fiscal year under this subpart only if it meets the following requirements with respect to the number of children counted under subsection (c): “(1) In any case (except as provided in paragraph (3)) in which the Secretary determines that satisfactory data for the purpose of this subsection as to the number of such children are available on a school district basis, the number of such children in the school district of such local educational agency shall be at least 10. “(2) In any other case, except as provided in paragraph (3), the number of such children in the county which includes such local educational agency’s school district shall be at least 10. “(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Secretary has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies or all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of such children for such local educational agency shall be determined in accordance with regulations prescribed by the Secretary for the purposes of this subsection. “(c) Children To Be Counted.— “(1) Categories of children.—The number of children to be counted for purposes of this section is the aggregate of— “(A) the number of children aged 5 to 17, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A), “(B) the number of children aged 5 to 17, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B), and “(C) the number of children aged 5 to 17, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the United States) but not counted pursuant to subpart 3 of part D for the purposes of a grant to a State agency, or being supported in foster homes with public funds. “(2) Determination of number of children — “(A) For the purposes of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Secretary shall utilize the criteria of poverty used 102 STAT. 144by the Bureau of the Census in compiling the most recent decennial census. “(B) For purposes of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census for a family of 4 in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to the Secretary before January of the calendar year in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to the Secretary at the time of such determination. The Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Secretary not later than January 1 of each year. “(C) When requested by the Secretary, the Secretary of Commerce shall make a special estimate of the number of children of such ages who are from families below the poverty level (as determined under subparagraph (A) of this paragraph) in each county or school district, and the Secretary is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information. For purposes of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children. “(d) Program for Indian Children.— “(1) From the amount allotted for payments to the Secretary of the Interior under the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Secretary determines will best carry out the purposes of this chapter with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 percent of (A) the average per pupil expenditure in the State in which the agency is located, or (B) 120 percent of such expenditure in the United States, which-ever is the greater. 102 STAT. 145 “(2) The amount allotted for payments to the Secretary of the Interior under the second sentence of subsection (a)(1) for any fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools for Indian children operated with Federal assistance or operated by the Department of the Interior. Such payment shall be made pursuant to an agreement between the Secretary and the Secretary of the Interior containing such assurances and terms as the Secretary determines will best achieve the purposes of this chapter. Such agreement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of subpart 2 of this part and that the Department of the Interior will comply in all other respects with the requirements of this chapter, and (B) provision for carrying out the applicable provisions of subpart 2 of this part and part F. Such agreement shall consider a tribal organization operating a school under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1987 as a local educational agency, and shall consider the Secretary of the Interior as a State or State educational agency for all purposes defining the authority of States or State educational agencies relative to local educational agencies. If, in the capacity as a State educational agency, the Secretary of the Interior promulgates regulations applicable to such tribal organizations, the Secretary shall comply with section 1451 of this Act and with section 553 of title 5 of the United States Code, relating to administrative procedure, and such regulations must be consistent with subsections (d) and (e) of section 1121, section 1130, and section 1133 of the Education Amendments of 1978. “(e) State Minimum.—(1) For any fiscal year for which— “(A) sums available for the purposes of this section exceed sums available under chapter 1 of the Education Consolidation and Improvement Act of 1981 for fiscal year 1988; and “(B)(i) sums available for the purpose of section 1006 equal or exceed $400,000,000, or “(ii) sums available for the purpose of section 1005 equal or exceed amounts appropriated for such purpose in fiscal year 1988 by $700,000,000, the aggregate amount allotted for ail local educational agencies within a State may not be less than one-quarter of 1 percent of the total amount available for such fiscal year under this section. “(2) The provisions of paragraph (1) shall apply only if each State is allotted an amount which is not less than the payment made to each State under chapter 1 of the Education Consolidation and Improvement Act of 1981 for fiscal year 1988. “(3)(A) No State shall, by reason of the application of the provisions of paragraph (1) of this subsection, be allotted more than— “(i) 150 percent of the amount that the State received in the fiscal year preceding the fiscal year for which the determination is made, or “(ii) the amount calculated under subparagraph (B), whichever is less. 102 STAT. 146 “(B) For the purpose of subparagraph (A)(ii), the amount for each State equals— “(i) the number of children in such State counted under subsection (c) in the fiscal year specified in subparagraph (A), multiplied by “(ii) 150 percent of the national average per pupil payment made with funds available under this section for that year. “(g) Duration of Assistance.—During the period beginning October 1, 1988, and ending September 30, 1993, the Secretary shall, in accordance with the provisions of this part, make payments to State educational agencies for grants made on the basis of entitlements created under this section. “SEC. 1006. GRANTS FOR LOCAL EDUCATIONAL AGENCIES IN COUNTIES WITH ESPECIALLY HIGH CONCENTRATIONS OF CHILDREN FROM LOW-INCOME FAMILIES. “(a) Eligibility for and Amount of Special Grants.— “(1)(A) Except as otherwise provided in this paragraph, each county, in a State other than Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, which is eligible for a grant under this chapter for any fiscal year shall be entitled to an additional grant under this section for that fiscal year if— “(i) the number of children counted under section 1005(c) of this chapter in the school district of local educational agencies in such county for the preceding fiscal year exceeds 6,500, or “(ii) the number of children counted under section 1005(c) exceeds 15 percent of the total number of children aged five to seventeen, inclusive, in the school districts of local educational agencies in such county in that fiscal year. “(B) Except as provided in subparagraph (C), no State described in subparagraph (A) shall receive less than— “(i) one-quarter of 1 percent of the sums appropriated under subsection (c) of this section for such fiscal year; or “(ii) $250,000, whichever is higher. “(C) No State shall, by reason of the application of the provisions of subparagraph (B)(i) of this paragraph, be allotted more than— “(i) 150 percent of the amount that the State received in the fiscal year preceding the fiscal year for which the determination is made, or “(ii) the amount calculated under subparagraph (B), whichever is less. “(D) For the purpose of subparagraph (C), the amount for each State equals— “(i) the number of children in such State counted for purposes of this section in the fiscal year specified in subparagraph (B), multiplied by “(ii) 150 percent of the national average per pupil payment made with funds available under this section for that year. “(2) For each county in which there are local educational agencies eligible to receive an additional grant under this sec-102 STAT. 147tion for any fiscal year the Secretary shall determine the product of— “(A) the greater of— “(i) the number of children in excess of 6,500 counted under section 1005(c) for the preceding fiscal year, in the school districts of local educational agencies of a county which qualifies on the basis of subparagraph (A) of paragraph (1); or “(ii) the number of children counted under section 1005(c) for the preceding fiscal year in the school districts of local educational agencies in a county which qualifies on the basis of subparagraph (B) of paragraph (1); and “(B) the quotient resulting from the division of the amount determined for those agencies under section 1005(a)(2) of this chapter for the fiscal year for which the determination is being made divided by the total number of children counted under section 1005(c) for that agency for the preceding fiscal year. “(3) The amount of the additional grant to which an eligible county is entitled under this section for any fiscal year shall be an amount which bears the same ratio to the amount reserved under subsection (c) for that fiscal year as the product deter-mined under paragraph (2) for such county for that fiscal year bears to the sum of such products for all counties in the United States for that fiscal year. “(4) For the purposes of this section, the Secretary shall determine the number of children counted under section 1005(c) for any county, and the total number of children aged five to seventeen, inclusive, in school districts of local educational agencies in such county, on the basis of the most recent satisfactory data available at the time the payment for such county is determined under section 1005. “(5)(A) Pursuant to regulations established by the Secretary and except as provided in subparagraphs (B) and (C) and para-graph (6), funds allocated to counties under this part shall be allocated by the State educational agency only to those local educational agencies whose school districts lie (in whole or in part) within the county and which are determined by the State educational agency to meet the eligibility criteria of clauses (i) and (ii) of paragraph (1)(A). Such determination shall be made on the basis of the available poverty data which such State educational agency determines best reflect the current distribution in the local educational agency of low-income families consistent with the purposes of this chapter. The amount of funds under this part that each qualifying local educational agency receives shall be proportionate to the number or percentage of children from low-income families in the school districts of the local educational agency. “(B) In counties where no local educational agency meets the criteria of clause (i) or (ii) of paragraph (1)(A), the State educational agency shall allocate such funds among the local educational agencies within such counties (in whole or in part) in rank order of their respective concentration and numbers of children from low-income families and in amounts which are consistent with the degree of concentration of poverty. Only local educational agencies with concentrations of poverty that 102 STAT. 148exceed the county wide average of poverty shall receive any funds pursuant to the provisions of this subparagraph. “(C) In States which receive the minimum grant amount under paragraph (1), the State educational agency shall allocate such funds among the local educational agencies in such State by either of the following methods: “(i) in accordance with the provisions of subparagraphs (A) and (B) of this paragraph; or “(ii) without regard to the counties in which such local educational agencies are located, in rank order of their respective concentration and numbers of children from low-income families and in amounts which are consistent with the degree of concentration of poverty, except that only those local educational agencies with concentrations of poverty that exceed the Statewide average of poverty shall receive any funds pursuant to the provisions of this clause. “(6) A State may reserve not more than 2 percent of its allocation under this section for the purpose of making direct payments to local educational agencies that meet the criteria of clauses (i) and (ii) of paragraph (1)(A), but are otherwise ineligible. “(b) Payments; Use of Funds.— “(1) The total amount which counties in a State are entitled to under this section for any fiscal year shall be added to the amount paid to that State under section 1401 for such year. From the amount paid to it under this section, the State shall distribute to local educational agencies in each county of the State the amount (if any) to which it is entitled under this section. “(2) The amount paid to a local educational agency under this section shall be used by that agency for activities undertaken pursuant to its application submitted under section 1012 and shall be subject to the other requirements in subpart 2 of this part. “(c) Reservation of Funds.— “(1) For any fiscal year for which amounts appropriated for part A of this chapter exceed $3,900,000,000, the amounts specified in paragraph (2) of this subsection shall be available to carry out this section. “(2)(A) The first $400,000,000 in excess of $3,900,000,000 appropriated for part A of this chapter in any fiscal year shall be available to carry out this section. “(B) Whenever the amounts appropriated for part A exceed $4,300,000,000 in any fiscal year, 10 percent of the amount appropriated for that fiscal year shall be available to carry out this section, except that no State shall, as a result of implementation of paragraph (2) of this subsection, receive less under section 1005 than it received for the previous fiscal year under such section or under section 554(a)(1)(A) of the Education Consolidation and Improvement Act of 1981. “(d) Ratable Reduction Rule.—If the sums available under subsection (c) for any fiscal year for making payments under this section are not sufficient to pay in full the total amounts which all States are entitled to receive under subsection (a) for such fiscal year, the maximum amounts which all States are entitled to receive under subsection (a) for such fiscal year shall be ratably reduced. In case additional funds become available for making such payments 102 STAT. 149for any fiscal year during which the preceding sentence is applicable, such reduced amounts shall be increased on the same basis as they were reduced. “Subpart 2—Basic Program Requirements “SEC. 1011. USES OF FUNDS. “(a) Program Description.— “(1) A local educational agency may use funds received under this part only for programs and projects which are designed to meet the special educational needs of educationally deprived children identified in accordance with section 1014 and which are included in an application for assistance approved by the State educational agency. “(2) Such programs and projects under paragraph (1) may include preschool through secondary programs; the acquisition of equipment and instructional materials; books and school library resources; employment of special instructional personnel, school counselors, and other pupil services personnel; employment and training of education aides; payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools serving project areas; the training of teachers, librarians, other instructional and pupil services personnel, and, as appropriate, early childhood education professionals (including training in preparation for the implementation of programs and projects in a subsequent school year); the construction, where necessary, of school facilities; parental involvement activities under section 1016; planning for and evaluation of such programs and projects assisted under this chapter; and other expenditures authorized under this chapter. “(3) State and local educational agencies are encouraged to develop programs to assist eligible children to improve their achievement in basic skills and more advanced skills and to consider year-round services and activities, including intensive summer school programs. “(b) Innovation Projects.—Subject to the approval of the State educational agency, a local educational agency may use not more than 5 percent of payments under this part for the costs of conducting innovative projects developed by the local educational agency that include only— “(1) the continuation of services to children eligible for services in any preceding year for a period sufficient to maintain progress made during their eligibility; “(2) the provision of continued services to eligible children transferred to ineligible areas or schools as part of a desegregation plan for a period not to exceed 2 years; “(3) incentive payments to schools that have demonstrated significant progress and success in attaining the goals of this chapter; “(4) training of chapter 1 and nonchapter 1 paid teachers and librarians with respect to the special educational needs of eligible children and integration of activities under this part into regular classroom programs; 102 STAT. 150 “(5) programs to encourage innovative approaches to parental involvement or rewards to or expansion of exemplary parental involvement programs; “(6) encouraging the involvement of community and private sector resources (including fiscal resources) in meeting the needs of eligible children; and “(7) assistance by local educational agencies of schools identified under section 1021(b). “SEC. 1012. ASSURANCES AND APPLICATIONS. “(a) State Educational Agency Assurances.—Any State desiring to participate under this chapter shall submit to the Secretary, through its State educational agency, assurances that the State educational agency— “(1) will meet the requirements in section 435(b)(2) and (b)(5) of the General Education Provisions Act relating to fiscal control and fund accounting procedures; “(2) will carry out the activities required under this chapter with regard to evaluation and school program improvement; “(3) has on file a program improvement plan that meets the requirements of section 1020; and “(4) will ensure that its local educational agencies and State agencies receiving funds under this chapter comply with all applicable statutory and regulatory provisions pertaining to this chapter. Such assurances shall remain in effect for the duration of participation under this chapter. “(b) Local Applications.— A local educational agency may receive a grant under this chapter for any fiscal year if it has on file with the State educational agency an application which describes the procedure to be used under section 1014(b) to assess students’ needs and establish program goals, describes the programs and projects to be conducted with such assistance for a period of not more than 3 years, and describes the desired outcomes for eligible children, in terms of basic and more advanced skills that all children are expected to master, which will be used as the basis for evaluating the program or project as required by section 1019, and such application has been approved by the State educational agency and developed in consultation with teachers and parents. “(c) Local Assurances.—Such application shall provide assurance that the programs and projects described— “(1) are of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting the special educational needs of the children being served, are designed and implemented in consultation with teachers (including early childhood education professionals and librarians when appropriate), and provide for parental involvement in accordance with section 1016; “(2) make provision for services to educationally deprived children attending private elementary and secondary schools in accordance with section 1017; “(3) allocate time and resources for frequent and regular coordination of the curriculum under this chapter with the regular instructional program; and “(4) in the case of participating students who are also limited English proficient or are handicapped, provide maximum coordination between services provided under this chapter and 102 STAT. 151services provided to address children’s handicapping conditions or limited English proficiency, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the students’ programs. “SEC. 1013, ELIGIBLE SCHOOLS. “(a) General Provisions.— “(1) Subject to subsection (b), a local educational agency shall use funds received under this chapter in school attendance areas having high concentrations of children from low-income families (hereinafter referred to as ‘eligible school attendance areas’), and where funds under this chapter are insufficient to provide programs and projects for all educationally deprived children in eligible school attendance areas, a local educational agency shall annually rank its eligible school attendance areas from highest to lowest within each grade span grouping or for the entire local educational agency, according to relative degree of concentration of children from low-income families. A local educational agency may carry out a program or project assisted under this chapter in an eligible school attendance area only if it also carries out such program or project in all other eligible school attendance areas which are ranked higher under the first sentence of this paragraph. “(2) The same measure of low income, which shall be chosen by the local educational agency on the basis of the best available data and which may be a composite of several indicators, shall be used with respect to all school attendance areas within a grade span grouping or for the entire local educational agency, both to identify the areas having high concentrations of children from low-income families and to determine the ranking of each area, “(3) The requirements of this subsection shall not apply in the case of a local educational agency with a total enrollment of less than 1,000 children, but this paragraph does not relieve such an agency from the responsibility to serve eligible children according to the provisions of section 1014. “(b) Local Educational Agency Discretion.—Notwithstanding subsection (a)(1) of this section, a local educational agency shall have discretion to identify and rank eligible attendance areas as follows: “(1) A local educational agency may designate as eligible and serve all of its attendance areas within a grade span grouping or in the entire local educational agency if the percentage of children from low-income families in each attendance area of the agency is within 5 percentage points of the average percent-age of such children within a grade span grouping or for the entire local educational agency. “(2) A local educational agency may designate any school attendance area in which at least 25 percent of the children are from low-income families as an eligible school attendance area if the aggregate amount expended under this chapter and under a State program meeting the requirements of section 1018(d)(1(B) in that fiscal year in each school attendance area of that agency eligible under subsection (a) in which projects assisted under this chapter were carried out in the preceding fiscal year equals or exceeds the amount expended from those sources in that area in such preceding fiscal year if such 102 STAT. 152attendance areas qualify for such amounts under subsection (c)(1). “(3) A local educational agency may, with the approval of the State educational agency, designate as eligible and serve school attendance areas with substantially higher numbers or percentages of educationally deprived children before school attendance areas with higher concentrations of children from low-income families, but this paragraph shall not permit the provision of services to more school attendance areas than could otherwise be served. A State educational agency shall approve such a proposal only if the State educational agency finds that the proposal will not substantially impair the delivery of deprived children from low-income families in project areas served by the local educational agency. “(4) Funds received under this part may be used for educationally deprived children who are in a school which is not located in an eligible school attendance area when the proportion of children from low-income families in average daily attendance in such school is substantially equal to the proportion of such children in an eligible school attendance area of such agency. “(5) If an eligible school attendance area or eligible school was so designated and served in accordance with subsection (a) in the immediately preceding fiscal year, it may continue to be so designated for the subsequent fiscal year even though it does not qualify as eligible under such subsection in such additional year. “(6) With the approval of the State educational agency, eligible school attendance areas or eligible schools which have higher proportions or numbers of children from low-income families may be skipped if they are receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this part, except that (A) the number of children attending private elementary and secondary schools who receive services under this part shall be determined without regard to non-Federal compensatory education funds which serve eligible children in public elementary and secondary schools, and (B) children attending private elementary and secondary schools who receive assistance under this part shall be identified in accordance with this section and without regard to skipping public school attendance areas or schools under this paragraph. “(c) Allocations.— “(1) Except as provided in paragraph (2), a local educational agency shall allocate funds under this part among project areas or schools on the basis of the number and needs of children to be served as determined in accordance with section 1014. “(2) Children in eligible schools, who receive services under this part and subsequently become ineligible due to improved academic achievement attributable to such services, may continue to be considered eligible for 2 additional years only for the purpose of determining the allocation of funds among eligible schools under paragraph (1). Any funds so allocated shall be used to provide services to any children determined to be eligible under section 1014. 102 STAT. 153 “SEC. 1014. ELIGIBLE CHILDREN. “(a) General Provisions.— “(1) Except as provided in subsections (c) and (d) of this section and section 1015, a local educational agency shall use funds received under this part for educationally deprived children, identified in accordance with subsection (b) as having the great-est need for special assistance, in school attendance areas or schools satisfying the requirements of section 1013. “(2) The eligible population for services under this part are— “(A) those children up to age 21 who are entitled to a free public education through grade 12, and “(B) those children who are not yet at a grade level where the local educational agency provides a free public education, yet are of an age at which they can benefit from an organized instructional program provided in a school or other educational setting. “(b) Assessment of Educational Need.—A local educational agency may receive funds under this part only if it makes an assessment of educational needs each year to (1) identify education-ally deprived children in all eligible attendance areas; (2) identify the general instructional areas on which the program will focus; (3) select those educationally deprived children who have the greatest need for special assistance, as identified on the basis of education-ally related objective criteria established by the local educational agency, which include written or oral testing instruments, that are uniformly applied to particular grade levels throughout the local educational agency; and (4) determine the special educational needs (and library resource needs) of participating children with specificity sufficient to ensure concentration on such needs. “(c) Local Educational Agency Discretion.—(1) Educationally deprived children who begin participation in a program or project assisted under this part, in accordance with subsections (a) and (b) but who, in the same school year, are transferred to a school attendance area or school not receiving funds under this part, may, if the local agency so determines, continue to participate in a program or project funded under this part for the duration of that same school year. “(2) In providing services under this part a local educational agency may skip educationally deprived children in greatest need of assistance who are receiving, from non-Federal sources, services of the same nature and scope as would otherwise be provided under this part. “(3) A child who, in the previous year, was identified as being in greatest need of assistance, and who continues to be educationally deprived, but who is no longer identified as being in greatest need of assistance, may participate in a program or project assisted under this part while continuing to be educationally deprived for a maxi-mum of 2 additional years. “(d) Special Rules.—(1) Children receiving services to overcome a handicapping condition or limited English proficiency shall also be eligible to receive services under this part, if they have needs stemming from educational deprivation and not related solely to the handicapping condition or limited English proficiency. Such children shall be selected on the same basis as other children identified as eligible for and selected to receive services under this part. Funds 102 STAT. 154under this part may not be used to provide services that are otherwise required by law to be made available to such children. “(2) A student who at any time in the previous 2 years was receiving services under subpart 3 of part D of this chapter or under subpart 3 of part B of title I of the Elementary and Secondary Education Act (as amended by chapter 1 of the Education Consolidation and Improvement Act of 1981) shall be considered eligible for services under this part, and may be served subject to the provisions of subsections (a) and (b). “SEC. 1015. SCHOOLWIDE PROJECTS. “(a) Use of Funds for Schoolwide Projects.—In the case of any school serving an attendance area that is eligible to receive services under this part and in which, for the first year of the 3-year period of projects assisted under this section, not less than 75 percent of the children are from low-income families or any eligible school in which not less than 75 percent of the children enrolled in the school are from low-income families, the local educational agency may carry out a project under this part to upgrade the entire educational program in that school if the requirements of subsections (b), (c), (d), and (e) are met. “(b) Designation of Schools.—A school may be designated for a school wide project under subsection (a) if— “(1) a plan has been developed for that school by the local educational agency and has been approved by the State educational agency which— “(A) provides for a comprehensive assessment of educational needs of all students in the school, in particular the special needs of educationally deprived children; “(B) establishes goals to meet the special needs of all students and to ensure that educationally deprived children are served effectively and demonstrate performance gains comparable to other students; “(C) describes the instructional program, pupil services, and procedures to be used to implement those goals; “(D) describes the specific uses of funds under this part as part of that program; and “(E) describes how the school will move to implement an effective schools program as defined tn section 1471, if appropriate; “(2) the plan has been developed with the involvement of those individuals who will be engaged in carrying out the plan, including parents, teachers, librarians, education aides, pupil services personnel, and administrators (and secondary students if the plan relates to a secondary school); “(3) the plan provides for consultation among individuals described in paragraph (2) as to the educational progress of all students and the participation of such individuals in the development and implementation of the accountability measures required by subsection (e); “(4) appropriate training is provided to parents of children to be served, teachers, librarians, and other instructional, administrative, and pupil services personnel to enable them effectively to carry out the plan; “(5) the plan includes procedures for measuring progress, as required by subsection (e), and describes the particular measures to be used; and 102 STAT. 155 “(6) (A) in the case of a school district in which there are one or more schools described in subsection (a) and there are also one or more other schools serving project areas, the local educational agency makes the Federal funds provided under this part available for children in such schools described in subsection (a) in amounts which, per educationally deprived child served, equal or exceed the amount of such funds made available per educationally deprived child served in such other schools; and “(B) the average per pupil expenditure in schools described in subsection (a) (excluding amounts expended under a State compensatory education program) for the fiscal year in which the plan is to be carried out will not be less than such expenditure in such schools in the previous fiscal year, except that the cost of services for programs described in section 1018(d)(2)(A) shall be included for each fiscal year as appropriate only in proportion to the number of children in the building served in such programs in the year for which this determination is made. “(c) Approval of Plan; Operation of Project.— “(1) The State educational agency shall approve the plan of any local educational agency for a school wide project if that plan meets the requirements of subsection (b). “(2) For any school which has such a plan approved, the local educational agency— “(A) shall, in order to carry out the plan, be relieved of any requirements under this part with respect to the commingling of funds provided under this chapter with funds available for regular programs; “(B) shall use funds received under this part only to supplement, and to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the school approved for a schoolwide project under paragraph “(C) shall comply with the provisions of section 1018(c); and “(D) may not be required to identify particular children as being eligible to participate in projects assisted under this part but shall identify educationally deprived children for purposes of subsections (b) and (e) of this section. “(d) Use of Funds.—In addition to uses under section 1011, funds may be used in schoolwide projects for— “(1) planning and implementing effective schools programs, and “(2) other activities to improve the instructional program and pupil services in the school, such as reducing class size, training staff and parents of children to be served, and implementing extended schoolday programs. “(e) Accountability.— “(1) The State educational agency may grant authority for a local educational agency to operate a schoolwide project for a period of 3 years. If a school meets the accountability requirements in paragraphs (2) and (3) at the end of such period, as determined by the State educational agency, that school will be allowed to continue the schoolwide project for an additional 3-year period. 102 STAT. 156 “(2)(A) Except as provided in subparagraph (B), after 3 years, a school must be able to demonstrate (i) that the achievement level of educationally deprived children as measured according to the means specified in the plan required by subsection (b) exceeds the average achievement of participating children districtwide, or (ii) that the achievement of educationally deprived children in that school exceeds the average achievement of such children in that school in the 3 fiscal years prior to initiation of the schoolwide project. “(B) For a secondary school, demonstration of lower dropout rates, increased retention rates, or increased graduation rates is acceptable in lieu of increased achievement, if achievement levels over the 3-year schoolwide project period, compared with the 3-year period immediately preceding the schoolwide project, do not decline. “(3) Schools shall annually collect achievement and other assessment data for the purposes of paragraph (2). The results of achievement and other assessments shall be made available annually to parents, the public, and the State educational agency. “SEC. 1016. PARENTAL INVOLVEMENT. “(a) Findings; General Requirement.— “(1) Congress finds that activities by schools to increase parental involvement are a vital part of programs under this chapter. “(2) Toward that end, a local educational agency may receive funds under this chapter only if it implements programs, activities, and procedures for the involvement of parents in programs assisted under this chapter. Such activities and procedures shall be planned and implemented with meaningful consultation with parents of participating children and must be of sufficient size, scope, and quality to give reasonable promise of substantial progress toward achieving the goals under subsection (b). “(3) For purposes of this section, parental involvement includes, but is not limited to, parent input into the design and implementation of programs under this chapter, volunteer or paid participation by parents in school activities, and programs, training, and materials which build parents’ capacity to improve their children’s learning in the home and in school. “(b) Goals of Parental Involvement.—In carrying out the requirements of subsection (a), a local educational agency shall, in coordination with parents of participating children, develop programs, activities, and procedures which have the following goals— “(1) to inform parents of participating children of the program under this chapter, the reasons for their children’s participation in such programs, and the specific instructional objectives and methods of the program; “(2) to support the efforts of parents, including training parents, to the maximum extent practicable, to work with their children in the home to attain the instructional objectives of programs under this chapter and to understand the program requirements of this chapter and to train parents and teachers to build a partnership between home and school; “(3) to train teachers and other staff involved in programs under this chapter to work effectively with the parents of participating students; 102 STAT. 157 “(4) to consult with parents, on an ongoing basis, concerning the manner in which the school and parents can better work together to achieve the program’s objectives and to give parents a feeling of partnership in the education of their children; “(5) to provide a comprehensive range of opportunities for parents to become informed, in a timely way, about how the program will be designed, operated, and evaluated, allowing opportunities for parental participation, so that parents and educators can work together to achieve the program’s objectives; and “(6) to ensure opportunities, to the extent practicable, for the full participation of parents who lack literacy skills or whose native language is not English. “(c) Mechanisms for Parental Involvement.— “(1) Each local educational agency, after consultation with and review by parents, shall develop written policies to ensure that parents are involved in the planning, design, and implementation of programs and shall provide such reasonable support for parental involvement activities as parents may request. Such policies shall be made available to parents of participating children. “(2) Each local educational agency shall convene an annual meeting to which all parents of participating children shall be invited, to explain to parents the programs and activities provided with funds under this chapter. Such meetings may be districtwide or at the building level, as long as all such parents are given an opportunity to participate. “(3) Each local educational agency shall provide parents of participating children with reports on the children’s progress, and, to the extent practical, hold a parent-teacher conference with the parents of each child served in the program, to discuss that child’s progress, placement, and methods by which parents can complement the child’s instruction. Educational personnel under this chapter shall be readily accessible to parents and shall permit parents to observe activities under this chapter. “(4) Each local educational agency shall (A) provide opportunities for regular meetings of parents to formulate parental input into the program, if parents of participating children so desire; (B) provide parents of participating children with timely information about the program; and (C) make parents aware of parental involvement requirements and other relevant provisions of programs under this chapter. “(5) Parent programs, activities, and procedures may include regular parent conferences; parent resource centers: parent training programs and reasonable and necessary expenditures associated with the attendance of parents at training sessions; hiring, training, and utilization of parental involvement liaison workers; reporting to parents on the children’s progress; training and support of personnel to work with parents, to coordinate parent activities, and to make contact in the home; use of parents as classroom volunteers, tutors, and aides; provision of school-to-home complementary curriculum and materials and assistance in implementing home-based education activities that reinforce classroom instruction and student motivation; provision of timely information on programs under this chapter (such as program plans and evaluations); soliciting parents’ suggestions in the planning, development, and operation of the 102 STAT. 158program; providing timely responses to parent recommendations; parent advisory councils; and other activities designed to enlist the support and participation of parents to aid in the instruction of their children. “(6) Parents of participating children are expected to co-operate with the local educational agency by becoming knowledgeable of the program goals and activities and by working to reinforce their children’s training at home. “(d) Coordination With Adult Education Act.—Programs of parental involvement shall coordinate, to the extent possible, with programs funded under the Adult Education Act. “(e) Accessibility Requirement.—Information, programs, and activities for parents pursuant to this section shall be provided, to the extent practicable, in a language and form which the parents understand. “SEC. 1017. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. “(a) General Requirements.—To the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall, after timely and meaningful consultation with appropriate private school officials, make provisions for including special educational services and arrangements (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) in which such children can participate and which meet the requirements of sections 1011(a), 1012(b)(1), 1013, 1014, and 1018(b). Expenditures for educational services and arrangements pursuant to this section for education-ally deprived children in private schools shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children en-rolled in the public schools of the local educational agency. “(b) Bypass Provision.— “(1) If a local educational agency is prohibited by law from providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), the Secretary shall waive such requirements, and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a). “(2) If the Secretary determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children en-rolled in private elementary and secondary schools as required by subsection (a), the Secretary shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of subsection (a) shall be waived. “(3)(A) The Secretary shall develop and implement written procedures for receiving, investigating, and resolving com-plaints from parents, teachers, or other concerned organizations or individuals concerning violations of this section. The Secretary shall investigate and resolve each such complaint within 120 days after receipt of the complaint. 102 STAT. 159 “(B) When the Secretary arranges for services pursuant to this subsection, the Secretary shall, after consultation with the appropriate public and private school officials, pay to the provider the cost of such services, including the administrative cost of arranging for such services, from the appropriate allocation or allocations under this chapter. “(C) Pending final resolution of any investigation or com-plaint that could result in a determination under this subsection, the Secretary may withhold from the allocation of the affected State or local educational agency the amount the Secretary estimates would be necessary to pay the cost of such services. “(D) Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the local educational agency to meet the requirements of subsection (a). “(4)(A) The Secretary shall not take any final action under this subsection until the State educational agency and local educational agency affected by such action have had an opportunity, for at least 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary or a designee to show cause why such action should not be taken. “(B) If a State or local educational agency is dissatisfied with the Secretary’s final action after a proceeding under subparagraph (A) of this paragraph, it may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmit-ted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary’s action was based, as provided in section 2112 of title 28, United States Code. “(C) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the 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 substantial evidence. “(D) Upon the filing of a petition under subparagraph (B), the court shall have 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. “(c) Prior Determination.—Any bypass determination by the Secretary under title I of the Elementary and Secondary Education Act of 1965, as in effect prior to July 1, 1988, or chapter 1 of the Education Consolidation and Improvement Act of 1981 shall remain in effect to the extent consistent with the purposes of this chapter. “(d) Capital Expenses.— “(1) A local educational agency may apply to the State educational agency for payments for capital expenses consistent with the provisions of this subsection. State educational agen-102 STAT. 160cies shall distribute funds to local educational agencies based on the degree of need as set forth in the application. Such an application shall contain information on such capital expenses by fiscal year and shall contain an assurance that any funds received pursuant to this subsection shall be used solely for purposes of the program authorized by this chapter. “(2)(A) From the amount appropriated for the purposes of this subsection for any fiscal year, the amount which each State shall be eligible to receive shall be an amount which bears the same ratio to the amount appropriated as the number of children enrolled in private schools who were served under chapter 1 of the Education Consolidation and Improvement Act of 1981 in the State during the period July 1, 1984 through June 30, 1985, bears to the total number of such children served during such period in all States. “(B) Amounts which are not used by a State for the purposes of this subsection shall be reallocated by the Secretary among other States on the basis of need. “(3) There is authorized to be appropriated $30,000,000 for fiscal year 1988, $40,000,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. Any sums appropriated under this provision shall be used for increases in capital expenses paid from funds under chapter 1 of the Education Consolidation and Improvement Act or this section subsequent to July 1, 1985, of local educational agencies in providing the instructional services required under section 557 of the Education Consolidation and Improvement Act and this section, when without such funds, services to private schoolchildren would have been or have been reduced or would be reduced or adversely affected. “(4) For the purposes of this subsection, the term ‘capital expenses’ is limited to expenditures for noninstructional goods and services such as the purchase, lease and renovation of real and personal property (including but not limited to mobile educational units and leasing of neutral sites or space), insurance and maintenance costs, transportation, and other com-parable goods and services. “SEC. 1018. FISCAL REQUIREMENTS. “(a) Maintenance of Effort.— “(1) Except as provided in paragraph (2), a local educational agency may receive funds under this chapter for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. “(2) The State educational agency shall reduce the amount of the allocation of funds under this chapter in any fiscal year in the exact proportion to which a local educational agency fails to meet the requirement of paragraph (1) by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to such local agency), and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. 102 STAT. 161 “(3) Each State educational agency may waive, for 1 fiscal year only, the requirements of this subsection if the State educational agency determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. “(b) Federal Funds To Supplement, Not Supplant Regular Non-Federal Funds.—A State educational agency or other State agency in operating its State level programs or a local educational agency may use funds received under this chapter only so as to supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this chapter and in no case may such funds be so used as to supplant such funds from such non-Federal sources. In order to demonstrate compliance with this subsection, no State educational agency, other State agency, or local educational agency shall be required to provide services under this chapter through use of a particular instructional method or in a particular instructional setting. “(c) Comparability of Services.— “(1) A local educational agency may receive funds under this chapter only if State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving funds under this chapter. Where all school attendance areas in the district of the agency are designated as project areas, the agency may receive such funds only if State and local funds are used to provide services which, taken as a whole, are substantially comparable in each project area. “(2)(A) A local educational agency shall be considered to have met the requirements of paragraph (1) if it has filed with the State educational agency a written assurance that it has established and implemented— “(i) a districtwide salary schedule; “(ii) a policy to ensure equivalence among schools in teachers, administrators, and auxiliary personnel; and “(iii) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies. “(B) Unpredictable changes in student enrollment or personnel assignments which occur after the beginning of a school year shall not be included as a factor in determining comparability of services. “(3) Each educational agency shall develop procedures for compliance with the provisions of this subsection, and shall annually maintain records documenting compliance. Each State educational agency shall monitor the compliance of local educational agencies within the States with respect to the requirements of this subsection. “(4) Each local educational agency with not more than 1 building for each grade span shall not be subject to the provisions of this subsection. “(5) Each local educational agency which is found to be out of compliance with this subsection shall be subject to withholding 102 STAT. 162or repayment of funds only to the amount or percentage by which the local educational agency has failed to comply. “(d) Exclusion of Special State and Local Program Funds.— “(1)(A) For the purposes of determining compliance with the requirements of subsections (b) and (c), a local educational agency or a State agency operating a program under part D of this chapter may exclude State and local funds expended for carrying out special programs to meet the educational needs of educationally deprived children including compensatory education for educationally deprived children after prior determination pursuant to paragraphs (3) and (4) of this subsection that such programs meet the requirements of subparagraph (B). “(B) A State or local program meets the requirements of this subparagraph if it is similar to programs assisted under this part. The Secretary shall consider a State or local program to be similar to programs assisted under this part if— “(i) all children participating in the program are educationally deprived, “(ii) the program is based on similar performance objectives related to educational achievement and is evaluated in a mariner consistent with those performance objectives. “(iii) the program provides supplementary services designed to meet the special educational needs of the children who are participating, “(iv) the local educational agency keeps such records and affords such access thereto as are necessary to assure the correctness and verification of the requirements of this subparagraph, and “(v) the State educational agency monitors performance under the program to assure that the requirements of this subparagraph are met. “(2)(A) For the purpose of determining compliance with the requirements of subsection (c), a local educational agency may exclude State and local funds expended for— “(i) bilingual education for children of limited English proficiency, “(ii) special education for handicapped children, and “(iii) certain State phase-in programs as described in subparagraph (B). “(B) A State education program which is being phased into full operation meets the requirements of this subparagraph if the Secretary is satisfied that— “(i) the program is authorized and governed specifically by the provisions of State law; “(ii) the purpose of the program is to provide for the comprehensive and systematic restructuring of the total educational environment at the level of the individual school; “(iii) the program is based on objectives, including but not limited to, performance objectives related to educational achievement and is evaluated in a manner consistent with those objectives; “(iv) parents and school staff are involved in comprehensive planning, implementation, and evaluation of the program; “(v) the program will benefit all children in a particular school or grade-span within a school; 102 STAT. 163 “(vi) schools participating in a program describe, in a school level plan, program strategies for meeting the special educational needs of educationally deprived children; “(vii) at all times during such phase-in period at least 50 percent of the schools participating in the program are the schools serving project areas which have the greatest number or concentrations of educationally deprived children or children from low-income families; “(viii) State funds made available for the phase-in program will supplement, and not supplant, State and local funds which would, in the absence of the phase-in program, have been provided for schools participating in such program; “(ix) the local educational agency is separately account-able, for purposes of compliance with the clauses of this subparagraph, to the State educational agency for any funds expended for such program; and “(x) the local educational agencies carrying out the program are complying with the clauses of this subparagraph and the State educational agency is complying with applicable provisions of this paragraph. “(3) The Secretary shall make an advance determination of whether or not a State program meets the requirements of this subsection. The Secretary shall require each State educational agency to submit the provisions of State law together with implementing rules, regulations, orders, guidelines, and interpretations which are necessary for an advance determination. The Secretary’s determination shall be in writing and shall include the reasons for the determination. Whenever there is any material change in pertinent State law affecting the program, the State educational agency shall submit such changes to the Secretary. “(4) The State educational agency shall make an advance determination of whether or not a local program meets the requirements of this subsection. The State educational agency shall require each local educational agency to submit the provisions of local law, together with implementing rules, regulations, guidelines, and interpretations which are necessary to make such an advance determination. The State educational agency’s determination shall be in writing and shall include the reasons for the determination. Whenever there is any material change in pertinent local law affecting the program, the local educational agency shall submit such changes to the State educational agency. “SEC. 1019. EVALUATIONS. “(a) Local Evaluation—Each local educational agency shall— “(1) evaluate the effectiveness of programs assisted under this part, in accordance with national standards developed according to section 1435, at least once every 3 years (using objective measurement of individual student achievement in basic skills and more advanced skills, aggregated for the local educational agency as a whole) as an indicator of the impact of the program; “(2) submit such evaluation results to the State educational agency at least once during each 3-year application cycle; 102 STAT. 164 “(3) determine whether improved performance under para-graph (1) is sustained over a period of more than one program year. “(b) State Evaluations.—In accordance with national standards, each State educational agency shall— “(1) conduct an evaluation (based on local evaluation data collected under subsection (a) and sections 1107(b), 1202(a)(6), and 1242(d)) of the programs assisted under this chapter at least every 2 years, submit that evaluation to the Secretary and make public the results of that evaluation; “(2) inform local educational agencies, in advance, of the specific evaluation data that will be needed and how it may be collected; and “(3) collect data on the race, age, gender, and number of children with handicapping conditions served by the programs assisted under this chapter and on the number of children served by grade-level under the programs assisted under this chapter and annually submit such data to the Secretary. “(c) Special Condition.—Projects funded under this part that serve only preschool, kindergarten, or first grade students or students in such grade levels who are included in projects serving children above such grade levels shall not be subject to the requirements of subsection (a). “SEC. 1020. STATE EDUCATIONAL PROGRAM IMPROVEMENT PLAN. “(a) Plan Requirements.—A State educational agency which receives funds under part A, part C, and part E of this chapter shall develop, in consultation with a committee of practitioners constituted pursuant to section 1451(b) of this chapter, a plan to ensure implementation of the provisions of this section and section 1021. Each such plan shall contain, but shall not be limited to— “(1) the objective measures and standards the State educational agency and other agencies receiving funds under part A, part C, and part E of this chapter will use to assess aggregate performance pursuant to section 1021, and may include implementation of section 1019; “(2) the means the State educational agency will use to develop joint plans with local educational agencies which have identified, pursuant to section 1021(b), schools in need of program improvement to attain satisfactory student progress, the timetable for developing and implementing such plans (within parameters defined pursuant to section 1431) and the program improvement assistance that will be provided to such schools pursuant to section 1021. Such program improvement assistance may include, but shall not be limited to, training and retraining of personnel, development of curricula that has shown promise in similar schools, replication of promising practices in effective schools models, improving coordination between programs assisted under this chapter and the regular school program, and the development of innovative strategies to enhance parental involvement. “(b) Dissemination and Availability of Plan.—(1) The State educational agency shall disseminate the plan developed under this subsection to all local educational agencies and other State agencies receiving funds under this chapter. “(2) The State educational program improvement plan shall be available at the State educational agency for inspection by the 102 STAT. 165Secretary and may be amended by the State educational agency after consultation with a committee of practitioners when necessary. “(c) Availability of Funds.—In any fiscal year for which appropriations are made pursuant to section 1405, the State educational agency shall fully implement the program improvement activities described in sections 1020 and 1021. In any fiscal year for which appropriations are not made, the State educational agency shall conduct, at a minimum, the activities required under section 1021(d), and other program improvement activities to the extent practicable. “SEC. 1021. PROGRAM IMPROVEMENT. “(a) Local Review.—Each local educational agency shall— “(1) conduct an annual review of the program’s effectiveness in improving student performance for which purpose the local educational agency shall use outcomes developed pursuant to section 1012 and subsection (b) of this section, and make the results of such review available to teachers, parents of participating children, and other appropriate parties; “(2) determine whether improved performance under para-graph (1) is sustained over a period of more than one program year; “(3) use the results of such review and of evaluation pursuant to section 1019 in program improvement efforts required by section 1021(b); and “(4) annually assess through consultation with parents, the effectiveness of the parental involvement program and deter-mine what action needs to be taken, if any, to increase parental participation. “(b) School Program Improvement.—(1) With respect to each school which does not show substantial progress toward meeting the desired outcomes described in the local educational agency’s application under section 1012(a) or shows no improvement or a decline in aggregate performance of children served under this chapter for one school year as assessed by measures developed pursuant to section 1019(a) or subsection (a), pursuant to the program improvement timetable developed under sections 1020 and 1431, the local educational agency snail— (A) develop and implement in coordination with such school a plan for program improvement which shall describe how such agency will identify and modify programs funded under this chapter for schools and children pursuant to this section and which shall incorporate those program changes which have the greatest likelihood of improving the performance of education-ally disadvantaged children, including— “(i) a description of educational strategies designed to achieve the stated program outcomes or to otherwise improve the performance and meet the needs of eligible children; and “(ii) a description of the resources, and how such re-sources will be applied, to carry out the strategies selected, including, as appropriate, qualified personnel, inservice training, curriculum materials, equipment, and physical facilities; and, where appropriate— “(I) technical assistance; “(II) alternative curriculum that has shown promise in similar schools; 102 STAT. 166 “(III) improving coordination between part A and part C of this chapter and the regular school program; “(IV) evaluation of parent involvement; “(V) appropriate inservice training for staff paid with funds under this chapter and other staff who teach children served under this chapter; and “(VI) other measures selected by the local educational agency; and (B) submit the plan to the local school board and the State educational agency, and make it available to parents of children served under this chapter in that school. “(2) A school which has 10 or fewer students served during an entire program year shall not be subject to the requirements of this subsection. “(c) Discretionary Assistance—The local educational agency may apply to the State educational agency for program improvement assistance funds authorized under section 1405. “(d) State Assistance to Local Educational Agencies.—(1) If after the locally developed program improvement plan shall have been in effect according to the timetable established under sections 1020 and 1431, the aggregate performance of children served under this chapter in a school does not meet the standards stated in subsections (a) and (b), the local educational agency shall, with the State educational agency, and in consultation with school staff and parents of participating children, develop and implement a joint plan for program improvement in that school until improved performance is sustained over a period of more than 1 year. “(2) The State educational agency shall ensure that program improvement assistance is provided to each school identified under paragraph (1). “(e) Local Conditions.—The local educational agency and the State educational agency, in performing their responsibilities under this section, shall take into consideration— “(1) the mobility of the student population, “(2) the extent of educational deprivation among program participants which may negatively affect improvement efforts. “(3) the difficulties Involved in dealing with older children in secondary school programs funded under this chapter, “(4) whether indicators other than improved achievement demonstrate the positive effects on participating children of the activities funded under this chapter, and “(5) whether a change in the review cycle pursuant to section 1019 or 1021(a)(1) or in the measurement instrument used or other measure-related phenomena has rendered results invalid or unreliable for that particular year. “(f) Student Program Improvement.—On the basis of the evaluations and reviews under sections 1019(a)(1) and 1021(a)(1), each local educational agency shall— “(1) identify students who have been served for a program year and have not met the standards stated in subsections (a) and (b), “(2) consider modifications in the program offered to better serve students so identified, and “(3) conduct a thorough assessment of the educational needs of students who remain in the program after 2 consecutive years of participation and have not met the standards stated in subsection (a). 102 STAT. 167 “(g) Program Improvement Assistance,—In carrying out the program improvement and student improvement activities required in subsections (a), (b), (c), and (d), local educational agencies and State educational agencies shall utilize the resources of the regional technical assistance centers and appropriate regional rural assistance programs established by section 1456 to the full extent such resources are available, “(h) Further Action.—If the State educational agency finds that, consistent with the program improvement timetable established under sections 1020 and 1431, after one year under the joint plan developed pursuant to subsection (d), including services in accordance with section 1017, a school which continues to fall below the standards for improvement stated in subsections (a) and (b) with regard to the aggregate performance of children served under part A, part C, and part E of this chapter, the State educational agency shall, with the local educational agency, review the joint plan and make revisions which are design to improve performance, and continue to do so each consecutive year until such performance is sustained over a period of more than one year. Nothing in this section or section 1020 shall be construed to give the State any authority concerning the educational program of a local educational agency that does not otherwise exist under State law. “(i) Mutual Agreement.—Before any joint plan may be implemented under subsection (d) and subsection (h) both the local educational agency and State educational agency must approve such plan. “PART B—EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES “SEC. 1051. STATEMENT OF PURPOSE. “It is the purpose of this part to improve the educational opportunities of the Nation’s children and adults by integrating early childhood education and adult education for parents into a unified program to be referred to as ‘Even Start’. The program shall be implemented through cooperative projects that build on existing community resources to create a new range of services. “SEC. 1052. PROGRAM AUTHORIZATION. “(a) Grants by the Secretary.—In any fiscal year in which the appropriations for this part do not equal or exceed $50,000,000, the Secretary is authorized, in accordance with the provisions of this part which are not inconsistent with the provisions of this subsection, to make grants to local educational agencies or consortia of such agencies to carry out Even Start programs. “(b) State Grant Program.—In any fiscal year in which the appropriations for this part equal or exceed $50,000,000, the Secretary is authorized, in accordance with the provisions of this part, to make grants to States from allocations under section 1053 to enable States to carry out Even Start programs. “(c) Definition.—For the purpose of this part, the term ‘State’ includes each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. “SEC. 1053. ALLOCATION. “(a) Reservation for Migrant Programs.—The Secretary shall first reserve an amount equal to 3 percent of such amount for 102 STAT. 168programs consistent with the purpose of this part for migrant children. Programs for which funds are reserved under this subsection shall be conducted through the Office of Migrant Education. “(b) State Allocation.—Except as provided in section 1052(a) and subsection (c) of this section, each State shall be eligible to receive a grant under this part in each fiscal year that bears the same ratio to the remainder of the amount appropriated under section 1052(b) in that fiscal year as the amount allocated under section 1005 of this Act to the local educational agencies in the State bears to the total amount allocated to such agencies in all States. “(c) State Minimum.—(1) Subject to the provisions of paragraph (2), no State shall receive less than the greater of— (A) one-half of one percent of the amount appropriated for this part and allocated under subsection (b) for any fiscal year; or (B) $250,000. “(2) (A) No state shall, by reason of the application of the provisions of paragraph (1)(A) of this subsection, be allotted more than— “(i) 150 percent of the amount that the State received in the fiscal year preceding the fiscal year for which the determination is made, or “(ii) the amount calculated under subparagraph (B), whichever is less. “(B) For the purpose of subparagraph (A)(ii), the amount for each State equals— “(i) the number of children in such State counted for purposes of this part in the fiscal year specified in subparagraph (A), multiplied by “(ii) 150 percent of the national average per pupil payment made with funds available under this part for that year. “SEC. 1054. USES OF FUNDS. “(a) In General.—In carrying out the program under this part, funds made available to local educational agencies, in collaboration with, where appropriate, institutions of higher education, community-based organizations, the appropriate State educational agency, or other appropriate nonprofit organizations, shall be used to pay the Federal share of the cost of providing family-centered education programs which involve parents and children in a cooperative effort to help parents become full partners in the education of their children and to assist children in reaching their full potential as learners. “(b) Program Elements.—Each program assisted under this part shall include— “(1) the identification and recruitment of eligible children; “(2) screening and preparation of parents and children for participation, including testing, referral to necessary counseling, and related services; “(3) design of programs and provision of support services (when unavailable from other sources) appropriate to the participants’ work and other responsibilities, including— “(A) scheduling and location of services to allow joint participation by parents and children; “(B) child care for the period that parents are involved in the program provided for under this part; and 102 STAT. 169 “(C) transportation for the purpose of enabling parents and their children to participate in the program authorized by this part; “(4) the establishment of instructional programs that promote adult literacy, training parents to support the educational growth of their children , and preparation of children for success in regular school programs; “(5) provision of special training to enable staff to develop the skills necessary to work with parents and young children in the full range of instructional services offered through this part (including child care staff in programs enrolling children of participants under this part on a space available basis); “(6) provision of and monitoring of integrated instructional services to participating parents and children through home-based programs; and “(7) coordination of programs assisted under this part with programs assisted under this chapter and any relevant programs under chapter 2 of this title, the Adult Education Act, the Education of the Handicapped Act, the Job Training Partnership Act, and with the Head Start program, volunteer literacy programs, and other relevant programs. “(c) Federal Share Limitation.—The Federal share under this part may be— “(1) not more than 90 percent of the total cost of the program in the first year the local educational agency receives assistance under this part, “(2) 80 percent in the second such year, “(3) 70 percent in the third such year, and “(4) 60 percent in the fourth and any subsequent such year. Funds may not be used for indirect costs. The remaining cost may be obtained from any source other than funds made available for programs under this title. “SEC. 1055. ELIGIBLE PARTICIPANTS. “Eligible participants shall be— “(1) a parent or parents who are eligible for participation in an adult basic education program under the Adult Education Act; and “(2) the child or children (aged 1 to 7, inclusive), of any individual under paragraph (1), who reside in a school attendance area designated for participation in programs under part A. “SEC. 1056. APPLICATIONS. “(a) Submission.—To be eligible to receive a grant under this part a local educational agency shall submit an application to the Secretary under section 1052(a) and to the State educational agency under section 1052(b) in such form and containing or accompanied by such information as the Secretary or the State educational agency, as the case may be, may require. “(b) Required Documentation.—Such application shall include documentation that the local educational agency has the qualified personnel required— “(1) to develop, administer, and implement the program required by this part, and “(2) to provide special training necessary to prepare staff for the program. 102 STAT. 170 “(c) Plan.—Such application shall also include a plan of operation for the program which includes— “(1) a description of the program goals; “(2) a description of the activities and services which will be provided under the program (including training and preparation of staff); “(3) a description of the population to be served and an estimate of the number of participants; “(4) if appropriate, a description of the collaborative efforts of the institutions of higher education, community-based organizations, the appropriate State educational agency, private elementary schools, or other appropriate nonprofit organizations in carrying out the program for which assistance is sought; “(5) a statement of the methods which will be used— “(A) to ensure that the programs will serve those eligible participants most in need of the activities and services provided by this part; “(B) to provide services under this part to special populations, such as individuals with limited English proficiency and individuals with handicaps; and “(C) to encourage participants to remain in the programs for a time sufficient to meet program goals; and “(6) a description of the methods by which the applicant will coordinate programs under this part with programs under chapter 1 and chapter 2, where appropriate, of this title, the Adult Education Act, the Job Training Partnership Act, and with Head Start programs, volunteer literacy programs, and other relevant programs. “SEC. 1057. AWARD OF GRANTS. “(a) Selection Process.—The Secretary or each State educational agency, as the case may be, shall appoint a review panel that will award grants on the basis of proposals which— “(1) are most likely to be successful in meeting the goals of this part; “(2) serve the greatest percentage of eligible children and parents as described in section 1055; “(3) demonstrate the greatest degree of cooperation and coordination between a variety of relevant service providers in all phases of the program; “(4) submit budgets which appear reasonable, given the scope of the proposal; “(5) demonstrate the local educational agency’s ability to provide additional funding under section 1054(c); “(6) are representative of urban and rural regions of the State or of the United States, as the case may be; and “(7) show the greatest promise for providing models which may be transferred to other local educational agencies. “(b) Review Panel.—A review panel shall, to the extent practicable, consist of 7 members as follows: “(1) an early childhood education professional; “(2) an adult education professional; “(3) a representative of parent-child education organizations; “(4) a representative of community-based literacy organizations; “(5) a member of a local board of education; 102 STAT. 171 “(6) a representative of business and industry with a commitment to education; and “(7) an individual involved in the implementation of programs under this chapter within the State. The panel shall contain members described in paragraphs (1), (2), (61, and (7). “(c) Equitable Distribution of Assistance—In approving grants under this part under section 1052(a), the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. “(d) Duration.—(1) Grants may be awarded for a period not to exceed 4 years. In any application from a local educational agency for a grant to continue a project for the second, third, or fourth fiscal year following the first fiscal year in which a grant was awarded to such local educational agency, the Secretary or the State educational agency, as the case may be, shall review the progress being made toward meeting the objectives of the project. The Secretary or the State educational agency, as the case may be, may refuse to award a grant if the Secretary or such agency finds that sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an opportunity for a hearing. “(2) The Secretary shall establish criteria for carrying out the provisions of paragraph (1) in the transition fiscal year whenever the provisions of section 1052(b) apply to authorized State grant programs. “SEC. 1058, EVALUATION. “(a) Independent Annual Evaluation.—The Secretary shall provide for the annual independent evaluation of programs under this part to determine their effectiveness in providing— “(1) services to special populations; “(2) adult education services; “(3) parent training; “(4) home-based programs involving parents and children. “(5) coordination with related programs; and “(6) training of related personnel in appropriate skill areas. “(b) Criteria.— “(1) Each evaluation shall be conducted by individuals not directly involved in the administration of the program or project operated under this part. Such independent evaluators and the program administrators shall jointly develop evaluation criteria which provide for appropriate analysis of the factors under subsection (a). When possible, each evaluation shall include comparisons with appropriate control groups. “(2) In order to determine a program’s effectiveness in achieving its stated goals, each evaluation shall contain objective measures of such goals and, whenever feasible, shall obtain the specific views of program participants about such programs. “(c) Report to Congress and Dissemination.—The Secretary shall prepare and submit to the Congress a review and summary of the results of such evaluations not later than September 30, 1993. The annual evaluations shall be submitted to the National Diffusion Network for consideration for possible dissemination. 102 STAT. 172 “SEC. 1059. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated for the purposes of this part $50,000,000 for the fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. “PART C—SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND DROPOUT PREVENTION AND REENTRY “SEC. 1101. PURPOSE. “It is the purpose of this subpart to provide additional assistance to local educational agencies with high concentrations of low-income children, low-achieving children, or school dropouts to improve the achievement of educationally disadvantaged children enrolled in secondary schools of such agencies, and to reduce the number of youths who do not complete their elementary and secondary education. “SEC. 1102. ALLOCATION. “(a) Reservation for Migrant Programs.—From the amount appropriated under section 1108 for the fiscal years 1990, 1991, 1992, and 1993, the Secretary shall first reserve an amount equal to 3 percent of such amount for programs consistent with the purpose of this part for school dropout prevention and reentry programs and secondary school basic skills improvement programs for migrant children. Programs for which funds are reserved under this subsection shall be conducted through the Office of Migrant Education. “(b) State Allocation.—Except as provided in subsection (c), each State shall be eligible to receive a grant under this part in each fiscal year that bears the same ratio to the remainder of the amount appropriated in that fiscal year as the amount allocated under section 1005 of this Act to the local educational agencies in the State bears to the total amount allocated to such agencies in all States. “(c) State Minimum.—(1) No State shall receive less than the greater of— (A) one-quarter of 1 percent of the amount appropriated for this part and allocated under subsection (b) for any fiscal year; or (B) $250,000. “(2)(A) No State shall, by reason of the application of the provisions of paragraph (1)(A) of this subsection, be allotted more than— “(i) 150 percent of the amount that the State received in the fiscal year preceding the fiscal year for which the determination is made, or “(ii) the amount calculated under subparagraph (B), whichever is less. “(B) For the purpose of subparagraph (A)(ii), the amount for each State equals— “(i) the number of children in such State counted for purposes of this part in the fiscal year specified in subparagraph (A), multiplied by “(ii) 150 percent of the national average per pupil payment made with funds available under this part for that year. “(d) Local Educational Agency Allocation.—Each State educational agency shall allocate funds among local educational agencies in the State on the basis of— 102 STAT. 173 “(1) the eligibility of such agency for funds under section 1005 of this Act; and “(2) the criteria described in section 1105. Each local educational agency may carry out the activities described in section 1103 in cooperation with community-based organizations. “(e) State Administration.—A State may reserve not more than 5 percent of the amounts available under this part for any fiscal year for State administrative costs. “SEC. 1103. USES OF FUNDS. “(a) General Rule.—A local educational agency may use— “(1) the remainder of such funds for secondary schools basic skills improvement activities pursuant to subsection (b), and “(2) not to exceed 50 percent of funds paid under this part in any fiscal year for dropout prevention and reentry activities pursuant to subsection (c). “(b) Basic Skills for Secondary Schools.—Funds made available under this subpart may be used— “(1) to initiate or expand programs designed to meet the special educational needs of secondary school students and to help such students attain grade level proficiency in basic skills, and, as appropriate, learn more advanced skills; “(2) to develop innovative approaches for— “(A) surmounting barriers that make secondary school programs under this subpart difficult for certain students to attend and difficult for secondary schools to administer, such as scheduling problems; and “(B) courses leading to successful completion of the general education development test or of graduation requirements; “(3) to develop and implement innovative programs involving community-based organizations or the private sector, or both, to provide motivational activities, preemployment training, or transition-to-work activities; “(4) to provide programs for eligible students outside the school, with the goal of reaching school dropouts who will not reenter the traditional school, for the purpose of providing compensatory education, basic skills education, or courses for general educational development; “(5) to use the resources of the community to assist in providing services to the target population; “(6) to provide training for staff who will work with the target population on strategies and techniques for identifying, instructing, and assisting such students; “(7) to provide guidance and counseling activities, support services, exploration of postsecondary educational opportunities, youth employment activities, and other student services which are necessary to assist eligible students; and “(8) to recruit, train, and supervise secondary school students (including the provision of stipends to students in greatest need of financial assistance) to serve as tutors of other students eligible for services under this subpart and under part A, in order to assist such eligible students with homework assignments, provide instructional activities, and foster good study habits and improved achievement. 102 STAT. 174 “(c) Uses of Funds for School Dropout Prevention and Re-entry Projects.—Funds made available under this subsection may be used for— “(1) effective programs which identify potential student dropouts and prevent them from dropping out of elementary and secondary school; “(2) effective programs which identify and encourage children who have already dropped out to reenter school and complete their elementary and secondary education; “(3) effective programs for early intervention designed to identify at-risk students in elementary and early secondary schools; “(4) model systems for collecting and reporting information to local school officials on the number, ages, and grade levels of the children not completing their elementary and secondary education and the reasons why such children have dropped out of school; “(5) school dropout programs which include coordinated services and activities with programs of vocational education, adult basic education, and programs under the Job Training Partnership Act; “(6) projects which are carried out in consortia with a community-based organization, any nonprofit private organization, institution of higher education, State educational agency, State and local public agencies, private industry councils (established under the Job Training Partnership Act), museum, library, or educational television or broadcasting station, or community-based organization; or “(7) any of the activities described in section 6005 or 6006 of title VI. “(d) Limitation.—Not more than 25 percent of amounts available may be used by a local educational agency for noninstructional services. “SEC. 1104. APPLICATIONS. “(a) Application Required.—Any local educational agency which desires to receive a grant under this part shall submit to the State educational agency an application which describes the program to be supported with funds under this part and complies with the provisions of subsection (b). “(b) Contents of Application.—Each application submitted under subsection (a) shall— “(1) describe the program goals and the manner in which funds will be used to initiate or expand services to secondary school students, school dropouts, and potential school dropouts; “(2) describe the activities and services which will be provided by the program (including documentation to demonstrate that the local educational agency has the qualified personnel required to develop, administer, and implement the program under this part); “(3) assure that the programs will be conducted in schools with the greatest need for assistance, in terms of achievement levels, poverty rates, or school dropout rates; “(4) assure that the programs will serve those eligible students most in need of the activities and services provided by this part; 102 STAT. 175 “(5) assure that services will be provided under this part, as appropriate, to special populations, such as individuals with limited English proficiency and individuals with handicaps; “(6) assure that parents of eligible students will be involved in the development and implementation of programs under this part; “(7) describe the methods by which the applicant will coordinate programs under this part with programs for the eligible student population operated by community-based organizations, social service organizations and agencies, private sector entities, and other agencies, organizations, and institutions, and with programs conducted under the Carl D. Perkins Vocational Education Act, the Adult Education Act, the Job Training Partner-ship Act, and other relevant Acts; “(8) assure that, if feasible, the local educational agency will enter into arrangements with local businesses, labor organizations, or chambers of commerce under which such businesses and organizations will help secure employment for graduates of schools operating projects under this part; “(9) assure that to the extent consistent with the number of students in the school district of the local educational agency who are enrolled in private secondary schools, such agency shall, after timely and meaningful consultation with appropriate private school officials, make provision for including such services and arrangements for the benefit of such students as will assure their equitable participation in the purposes and benefits of this part; and “(10) provide such other information as the State educational agency may require to determine the nature and quality of the proposed project and the applicant’s ability to carry it out. “(c) Special Rule.—If the Secretary determines that a local educational agency has substantially failed to comply with paragraph ’9) (by reason of State law or otherwise) or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirement, and, subject to the provisions of section 1017(b) of part A of this chapter, shall arrange for the provision of services to such students. “(d) Duration of Grants.—Grants may be awarded for a period of 3 years. “SEC. 1105. AWARD OF GRANTS. “Each State educational agency shall award grants to local educational agencies within the State which— “(1) demonstrate the greatest need for services provided under this part based on their numbers of low-income children, numbers of low-achieving children, or numbers of school dropouts; “(2) are representative of urban and rural regions of the State; “(3) offer innovative approaches to improving achievement among eligible youth or offer approaches which show promise for replication and dissemination; and “(4) offer innovative approaches to reducing the number of school dropouts. 102 STAT. 176 “SEC. 1106. FISCAL REQUIREMENTS AND COORDINATION PROVISIONS. “(a) General Rule.—(1) The provisions of subsections (a) through (d) of section 1018 of this Act shall apply to the program authorized by this part. “(2) Administrative Costs.—Not more than 5 percent of a grant may be used for local administrative costs. “(3) Coordination and Dissemination.—Local educational agencies receiving grants under this part shall cooperate with the coordination and dissemination efforts of the National Diffusion Network and State educational agencies. “(b) Special Rule.—(1) Each local educational agency shall use funds under this part to supplement the level of funds under this chapter that are used for secondary school programs. “(2) In order to comply with paragraph (1), any local educational agency which operates secondary school programs funded under chapter 1 of the Education Consolidation and Improvement Act of 1981 or part A of this Act and which is operating secondary school basic skills programs under this part shall continue the same aggregate level of funding for such programs, at the same schools or at other eligible schools within the local educational agency. “SEC. 1107. EVALUATION. “The provisions of sections 1019 and 1021 shall apply to local educational agencies receiving grants under this part. “SEC. 1108. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $400,000,000 for the fiscal year 1990, $450,000,000 for the fiscal year 1991, $500,000,000 for the fiscal year 1992, and $550,000,000 for the fiscal year 1993 to carry out this part. “PART D—PROGRAMS OPERATED BY STATE AGENCIES “Subpart 1—Programs for Migratory Children “SEC. 1201. GRANTS—ENTITLEMENT AND AMOUNT. “(a) Entitlement.—A State educational agency or a combination of such agencies shall, upon application, be entitled to receive a grant for any fiscal year under this part to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers (including migratory agricultural dairy workers) or of migratory fishermen which meet the requirements of section 1202. “(b) Amount of Grant.—(1) Except as provided in section 1291, the total grants which shall be made available for use in any State (other than the Commonwealth of Puerto Rico) for this subpart shall be an amount equal to 40 percent of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 percent of the average per pupil expenditure in the United States, of 80 percent of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 percent of the average per pupil expenditure in the United States, of 120 percent of the average per pupil expenditure in the United States) multiplied by (i) the estimated number of such migratory children aged 3 to 21, inclusive, who reside in the State full time, and (ii) the full-time equivalent of the estimated number of such 102 STAT. 177migratory children aged 3 to 21, inclusive, who reside in the State part time, as determined by the Secretary in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under section 1202, the Secretary shall allocate such excess, to the extent necessary, to other States, whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. In determining the full-time equivalent number of migratory children who are in a State during the summer months, the Secretary shall adjust the number so determined to take into account the special needs of those children for summer programs and the additional costs of operating such programs during the summer. In determining the number of migrant children for the purposes of this section the Secretary shall use statistics made available by the migrant student record transfer system or such other system as the Secretary may determine most accurately and fully reflects the actual number of migrant students. In submitting the information required to make such determination, the States may not exceed a standard error rate of 5 percent. “(2) To carry out the determinations of eligibility required by this section, the Secretary shall develop a national standard form for certification of migrant students. “(3) For each fiscal year, the Secretary shall determine the percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. The grant which the Commonwealth of Puerto Rico shall be eligible to receive under this section for a fiscal year shall be the amount arrived at by multiplying the number of such migrant children in the Commonwealth of Puerto Rico by the product of— “(A) the percentage determined under the preceding sentence, and “(B) 32 percent of the average per pupil expenditure in the United States. “SEC. 1202. PROGRAM REQUIREMENTS. “(a) Requirements for Approval of Application.—The Secretary may approve an application submitted under section 1201(a) only upon a determination— “(1) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers (including migratory agricultural dairy workers) or of migratory fishermen, and to coordinate such programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; “(2) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under section 418 of the Higher Education Act, section 402 of the Job Training Partnership Act, the Education of the Handicapped Act, the Community Services Block Grant Act, the Head Start program, the migrant health program, and all other appropriate programs under the Departments of Education, Labor, and Agriculture; 102 STAT. 178 “(3) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of section 1011 (other than subsection (b)), sections 1012, 1014, and 1018, and subpart 2 of part F; “(4) that, in the planning and operation of programs and projects at both the State and local educational agency level, there is appropriate consultation with parent advisory councils (established in order to comply with this provision) for programs extending for the duration of a school year, and that all programs are carried out in a manner consistent with the requirements of section 1016; “(5) that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool education needs of migratory children of migratory agricultural workers (including migratory agricultural dairy workers) or of migratory fishermen; and “(6) that programs conducted under this subpart will be evaluated in terms of their effectiveness in achieving stated goals, including objective measurements of educational achievement in basic skills, and that for formerly migratory children who have been served under this subpart in a full school year program for at least 2 years, such evaluations shall include a determination of whether improved performance is sustained for more than 1 year. “(b) Continuation of Migrant Status.—For purposes of this subpart, with the concurrence of the parents, a migratory child of a migratory agricultural worker (including migratory agricultural dairy workers) or of a migratory fisherman shall be considered to continue to be such a child for a period, not in excess of 5 years. Such children who are currently migrant, as determined pursuant to regulations of the Secretary, shall be given priority in the consideration of programs and activities contained in applications submit-ted under this section. “(c) Definitions.—The Secretary shall continue to use the definitions of ‘agricultural activity’, ‘currently migratory child’, and ‘fishing activity’ which were published in the Federal Register on April 30, 1985, in regulations prescribed under section 555(b) of the Education Consolidation and Improvement Act of 1981 and subpart 1 of part B of title I of the Elementary and Secondary Education Act of 1965 (as in effect on April 30, 1985). No additional definition of ‘migratory agricultural worker’ or ‘migratory fisherman’ may be applied to the provisions of this subpart. “(d) Bypass Provision.—If the Secretary determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers (including migratory agricultural dairy workers) or of migratory fishermen, that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, the Secretary may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in 1 or more States, and for this purpose the Secretary may use all or part of the total of grants available for any such State under this subpart. “SEC. 1203. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. “(a) Activities Authorized.—(1) The Secretary is authorized to make grants to, and enter into contracts with, State educational 102 STAT. 179agencies (in consultation with and with the approval of the States) for activities to improve the interstate and intrastate coordination among State and local educational agencies of the educational programs available for migratory students. Each grant issued under this paragraph shall not exceed 3 years for its stated purpose. “(2)(A) The Secretary is also authorized to enter into contracts with State educational agencies to operate a system for the transfer among State and local educational agencies of migrant student records (including individualized education programs approved under the Education of the Handicapped Act). “(B) Except as provided in subparagraph (C), for the purpose of ensuring continuity in the operation of such system, the Secretary shall, not later than July 1 of each year, continue to award such contract to the State educational agency receiving the award in the preceding year, unless a majority of the States notify the Secretary in writing that such agency has substantially failed to perform its responsibilities under the contract during that preceding year. “(C) Beginning on July 1, 1992, and every 4 years thereafter, the Secretary shall conduct a competition to award such contract. “(D) No activity under this section shall, for purposes of any Federal law, be treated as an information collection that is conducted or sponsored by a Federal agency. “(3) Grants or contracts shall also be made under this section to State educational agencies to develop and establish a national program of credit exchange and accrual for migrant students so that such students will be better able to meet graduation requirements and receive their high school diplomas. Such grants or contracts may not exceed 3 years. “(b) Availability of Funds.—The Secretary shall, from the funds appropriated for carrying out this subpart, reserve for purposes of this section for any fiscal year an amount, determined by the Secretary, which shall not be less than $6,000,000 nor more than 5 percent of the amount appropriated. “Subpart 2—Programs for Handicapped Children “SEC. 1221. AMOUNT AND ELIGIBILITY. “(a) Eligibility for Grant.—(1) A State educational agency shall be eligible to receive a grant under this subpart for any fiscal year for programs (as defined in sections 1222 and 1223) for handicapped children (as defined in paragraph (2)(B)). “(2) For the purpose of this subpart— “(A) ‘children’ includes infants and toddlers described in part , H of the Education of the Handicapped Act, as appropriate, and “(B) ‘handicapped children’ means children who by reason of their handicap require special education and related services, or in the case of infants and toddlers, require early intervention services and who are mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired children or children with specific learning disabilities. “(b) State Educational Agency Application.-—In order to receive a grant under this subpart, a State educational agency shall submit an application to the Secretary which provides assurances that— 102 STAT. 180 “(1) all handicapped children (other than handicapped infants and toddlers) in the State participating in programs and projects funded under this subpart receive a free appropriate public education and such children and such children’s parents are provided all the rights and procedural safeguards under part B of the Education of the Handicapped Act and this subpart and that all handicapped infants and toddlers in the State participating under this subpart receive early intervention services and such infants and toddlers and their families are provided the rights and procedural safeguards under part H of such Act; “(2) programs and projects receiving assistance under this subpart are administered in a manner consistent with this subpart, subpart 2 of part F, part B of the Education of the Handicapped Act, and as determined by the Secretary to be appropriate, part H of the Education of the Handicapped Act, including the monitoring by such agency of compliance under paragraph (1); “(3) programs and projects under this subpart will be coordinated with services under the Education of the Handicapped Act; “(4) for fiscal year 1991, and each subsequent fiscal year, the State educational agency will administer the program authorized by this subpart through the State office responsible for administering part B of the Education of the Handicapped Act; “(5) the agency will report annually to the Secretary— “(A) the number of children served under this sub part for each disability and age category as described in part B of the Education of the Handicapped Act; “(B) the number of children served under this subpart in each of the educational placements described in section 618(b)(2) of the Education of the Handicapped Act (and will report separately State-operated and State-supported programs and local educational agency programs for children previously served in such State programs); and “(C) on the uses of funds and the allocation of such funds for such uses under this subpart; and “(6) the agency will report to the Secretary such other information as the Secretary may reasonably request. “(c) Amount of Grant.—(1) Except as provided in subsection (e) and section 1291, the grant which a State educational agency (other than the agency for Puerto Rico) shall be eligible to receive under this section shall be an amount equal to 40 percent of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 percent of the average per pupil expenditure in the United States, of 80 percent of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 percent of the average per pupil expenditure in the United States, of 120 percent of the average per pupil expenditure in the United States), multiplied by the number of handicapped children, from birth through 21, enrolled on December 1, as determined by the Secretary, in programs or schools for handicapped infants, toddlers and children operated or sup-ported by a State agency which— “(i) is directly responsible for providing free public education for handicapped children (including schools or programs provid-102 STAT. 181ing special education and related services for handicapped children under contract or other arrangement with such agency); or “(ii) is directly responsible for providing early intervention services for handicapped infants or toddlers (including schools or programs providing special education and related services for handicapped children under contract or other arrangement with such agency), in the most recent fiscal year for which satisfactory data are available. The State educational agency shall distribute such funds to the appropriate State agency on the basis of the December 1 child count by distributing an equal amount for each child counted. “(2) For each fiscal year, the Secretary shall determine the percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. Except as provided in subsection (e), a grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such handicapped children in the Commonwealth of Puerto Rico by the product of— “(A) the percentage determined under the preceding sentence, and “(B) 32 percent of the average per pupil expenditure in the United States. “(d) Counting of Children Transferring From State to Local Programs.—In any case in which a child described in sections 1225(1)(A) and 1225(1)(B)(i) leaves an educational program for handicapped children operated or supported by a State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (c) if— “(1) the child was receiving and continues to receive a free appropriate public education; and “(2) the State educational agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State educational agency under this section which are attributable to such child, to be used for the purpose set forth in section 1223. “(e) Special Requirement.—The State educational agency may count handicapped children aged 3 to 5, inclusive, in a State only if such State is eligible for a grant under section 619 of the Education of the Handicapped Act. “SEC. 1222. PROGRAM RETIREMENTS. “(a) General Requirements.—A State educational agency shall use the payments made under this subpart for programs and projects (including the acquisition of equipment) which are designed to supplement the special education needs of handicapped children (other than handicapped infants and toddlers) or the early intervention needs of handicapped infants and toddlers. Such programs and projects shall be administered in a manner consistent with this subpart, subpart 2 of part F, part B of the Education of the Handicapped Act, and, as determined by the Secretary to be appropriate, part H of the Education of the Handicapped Act. “(b) Services.—Funds under this subpart shall be used to supplement the provision of special education and related services for handicapped children (other than handicapped infants and toddlers) or early intervention services for handicapped infants and toddlers. 102 STAT. 182 “(c) Demonstration of Benefit.—Recipients of funds under this subpart shall collect and maintain such evaluations and assessments as may be necessary to demonstrate that the programs and projects were beneficial to the children served. “SEC. 1223. USES OF FUNDS. “(a) General Rule.—Programs, and projects authorized under this subpart may include, but are not limited to— “(1) services provided in early intervention, preschool, elementary, secondary, and transition programs; “(2) acquisition of equipment and instructional materials; “(3) employment of special personnel; “(4) training and employment of education aides; - “(5) training in the use and provision of assistive devices and other specialized equipment; “(6) training of teachers and other personnel; “(7) training of parents of handicapped children; “(8) training of nonhandicapped children to facilitate their participation with handicapped children in joint activities; “(9) training of employers and independent living personnel involved in assisting the transition of handicapped children from school to the world of work and independent living; “(10) outreach activities to identify and involve handicapped children and their families more fully in a wide range of educational and recreational activities in their communities; and “(11) planning for, evaluation of, and dissemination of information regarding such programs and projects assisted under this subpart. “(b) Prohibition.—Programs and projects authorized under this subpart may not include the construction of facilities. “SEC. 1224. SERVICE AND PROGRAM APPLICATIONS. “(a) Application Required.—A State agency or local educational agency may receive a grant under this subpart for any fiscal year if it has on file with the State educational agency an application which describes the services, programs, and projects to be conducted with such assistance for a period of not more than 3 years, and each such application has been approved by the State educational agency. Any State educational agency operating programs or projects under this subpart shall prepare a written description of such programs and projects in accordance with subsections (b) and (c). “(b) Requirements.—At a minimum each such application shall— “(1) indicate the number of children to be served; “(2) specify the number of children to be served for each disability and age category as described in part B of the Education of the Handicapped Act; “(3) describe the purpose or purposes of the project and the method or methods of evaluating the effectiveness of the services, projects, or program; “(4) specify the services to be provided with the funds furnished under this subpart; and “(5) include other information the Secretary or State educational agency may request. “(c) Application Assurances.—Any such application shall provide assurances that— 102 STAT. 183 “(1) all handicapped children in the State (other than handicapped infants and toddlers) participating in programs and projects funded under this subpart receive a free appropriate public education and such children and such children’s parents are provided all the rights and procedural safeguards under part B of the Education of the Handicapped Act and this subpart and that all handicapped infants and toddlers in the State participating under this subpart receive early intervention services and such infants and toddlers and their families are provided the rights and procedural safeguards under part H of such Act; “(2) services, programs, and projects conducted under this sub part are of sufficient size, scope, and quality to give reason-able promise toward meeting the special educational and early intervention needs of children to be served; “(3) funds made available under the subpart will supplement, not supplant State and local funds in accordance with section 1018(b); “(4) the agency will maintain its fiscal effort in accordance with section 1018(a); “(5) the agency will conduct such evaluations and assessments as may be necessary to demonstrate that the programs and projects are beneficial to the children served; “(6) the parents of children to be served with funds under this subpart are provided an opportunity to participate in the development of its project application; and “(7) the agency will comply with all reporting requirements in a timely manner. “(d) Letter of Request.—The State educational agency may accept, in lieu of a project application, a letter of request for payment from a local educational agency, if the local agency intends to serve fewer than 5 children with its payment. In such a letter the agency shall include an assurance that the payment will be used to supplement the provision of special education and related services. “SEC. 1225. ELIGIBLE CHILDREN. “The children eligible for services under this subpart are— “(1) those handicapped children from birth to 21, inclusive, who— “(A) the State is directly responsible for providing special education or early intervention services to (including schools or programs providing special education and related services for handicapped children under contract or other arrangement with such agency), and “(B)(i) are participating in a State-operated or State-supported school or program for handicapped children (including schools and programs operated under contract or other arrangement with a State agency), or “(ii) previously participated in such a program and are receiving special education or early intervention services from local educational agencies; and “(2) other handicapped children, if children described in para-graph (1) have been fully served. 102 STAT. 184 “SEC. 1226. FEDERAL MONITORING REQUIREMENT. “Whenever the Secretary conducts monitoring visits under part B of the Education of the Handicapped Act, the Secretary shall monitor the program authorized by this subpart, if applicable. “Subpart 3—Programs for Neglected and Delinquent Children “SEC. 1241. AMOUNT AND ENTITLEMENT. “(a) Entitlement to Grants.—A State agency which is responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this subpart for any fiscal year (but only if grants received under this subpart are used only for children in such institutions). “(b) Amount of Grant.—(1) Except as provided in section 1291, the grant which such an agency (other than the agency for Puerto Rico) shall be eligible to receive shall be an amount equal to 40 percent of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 percent of the average per pupil expenditure in the United States, of 80 percent of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 percent of the average per pupil expenditure in the United States, of 120 percent of the average per pupil expenditure in the United States) multiplied by the number of such neglected or delinquent children in average daily attendance, as determined by the Secretary, at schools for such children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. “(2) For each fiscal year, the Secretary shall determine the percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. The grant which the Common-wealth of Puerto Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such neglected or delinquent children in the Common-wealth of Puerto Rico by the product of— “(A) the percentage determined under the preceding sentence, and “(B) 32 percent of the average per pupil expenditure in the United States. “SEC. 1242. PROGRAM REQUIREMENTS. “(a) Use of Payments.—A State agency shall use payments under this subpart only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of children in institutions for neglected or delinquent children, children attending community day programs for neglected and delinquent children, or children in adult correctional institutions. Such programs and projects shall be designed to support educational services supplemental to the basic education of such children which must be provided by the State, and such programs and projects shall be administered and carried out in a manner consistent with sub-102 STAT. 185part 2 of part F and sections 1011(a), 1014, and section 1018 (other than subsection (c)). The transfer of neglected and delinquent student records among State and local educational agencies, institutions, and programs shall include any individualized education programs of such students. “(b) Compliance.—In determining whether programs under this subpart have complied with the supplement not supplant requirement under section 1018(b), programs which are supplementary in terms of the number of hours of instruction students are receiving from State and local sources shall be considered in compliance without regard to the subject areas in which those instructional hours are given. “(c) Three-Year Projects.—Where a State agency operates programs under this subpart in which children are likely to participate for more than 1 year, the State educational agency may approve the application for a grant under this subpart for a period of more than 1 year, but not to exceed 3 years. “(d) Evaluation.—Programs for neglected and delinquent children under this subpart shall be evaluated annually to determine their impact on the ability of such children to maintain and improve educational achievement, to maintain school credit in compliance with State requirements, and to make the transition to a regular program or special education program operated by a local educational agency. “SEC. 1243. TRANSITION SERVICES. “(a) Transition Services.—Each State may reserve not more than 10 percent of the amount it receives under section 1241 for any fiscal year to support projects that facilitate the transition of children from State operated institutions for neglected and delinquent children into locally operated programs. “(b) Conduct of Projects.—Projects supported under this section may be conducted directly by the State agency, or by contracts or other arrangements with one or more local educational agencies, other public agencies, or private nonprofit organizations. “(c) Limitation.—Assistance under this section shall be used only to provide special educational services to neglected and delinquent children in schools other than State operated institutions. “SEC. 1244. DEFINITIONS. “For the purposes of this subpart, the following terms have the following meanings: “(1) The term ‘institution for delinquent children’, as deter-mined by the State educational agency, means a public or private residential facility that is operated for the care of children who have been determined to be delinquent or in need of supervision. “(2) The term ‘institution for neglected children’ means, as determined by the State educational agency, a public or private residential facility (other than a foster home) that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of parents or guardians. 102 STAT. 186 “Subpart 4—General Provisions for State Operated Programs “SEC. 1291. RESERVATION OF FUNDS FOR TERRITORIES. “There is authorized to be appropriated for each fiscal year for purposes of each of subparts 1, 2, and 3 of this part, an amount equal to not more than 1 percent of the amount appropriated for such year for such subparts, for payments to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands under each such subpart. The amounts appropriated for each such subpart shall be allotted among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the Secretary determines will best carry out the purposes of this chapter. “SEC. 1292. DUAL ELIGIBILITY FOR PROGRAMS. “Neglected and delinquent children under subpart 3 who are eligible for programs for handicapped children under subpart 2, may be counted under each subpart for purposes of grant determination and may be served under each such program. “PART E—PAYMENTS “SEC. 1401. PAYMENT METHODS. “The Secretary shall, from time to time, pay to each State, in advance or otherwise, the amount which it and the local educational agencies of that State are eligible to receive under this chapter. Such payments shall take into account the extent (if any) to which any previous payment to such State educational agency under this chapter or chapter 1 of the Education Consolidation and Improvement Act of 1981 (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. “SEC. 1402. AMOUNT OF PAYMENTS TO LOCAL EDUCATIONAL AGENCIES. “From the funds paid to it pursuant to section 1401 each State educational agency shall distribute to each local educational agency of the State which is eligible to receive a grant under this chapter and which has submitted an application approved pursuant to section 1012 the amount for which such application has been approved, and the amount which the local educational agency is eligible to receive under sections 1053 and 1102 except that the amount shall not exceed the amount determined for that local educational agency under this chapter. “SEC. 1403. ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS. “(a) Adjustment Allocation.—If the sums appropriated for any fiscal year for making the payments provided for in this chapter are not sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this chapter for such year, the amount available for each grant to a State agency eligible for a grant under subpart 1, 2, or 3 of part D shall be equal to the total amount of the grant as computed under each such subpart. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive under subpart 1 of part A of this chapter for such year, the alloca-102 STAT. 187tions to such agencies shall, subject to section 1006(c) and to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appropriated. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 percent of its allocation under subpart 1 of the part A for the preceding fiscal year, shall be increased to such amount, the total of the increases thereby required being derived by proportionately reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 percent of its allocation for such year. “(b) Additional Funds Allocation.—(1) If additional funds become available for making payments under this chapter for that year, allocations that were reduced pursuant to subsection (a) shall be increased on the same basis as they were reduced. “(2) In order to permit the most effective use of all appropriations made to carry out this chapter, the Secretary may set dates by which (A) State educational agencies must certify to the Secretary the amounts for which the applications of educational agencies have been or will be approved by the State, and (B) State educational agencies referred to in sub part 1 of part D must file applications. If the maximum grant a local educational agency would receive (after any ratable reduction which may have been required under the first sentence of subsection (a) of this section) is more than an amount which the State educational agency determines, in accordance with regulations prescribed by the Secretary, such agency will use, the excess amount shall be made available first to educational agencies in that State. Determinations of the educational agencies to which such excess amounts shall be made available by the State educational agency in furtherance of the purposes of this chapter shall be in accordance with criteria prescribed by the Secretary which are designed to assure that such excess amounts will be made available to other eligible educational agencies with the greatest need, for the purpose of, where appropriate, redressing inequities inherent in, or mitigating hardships caused by, the application of the provisions of section 1005(a) as a result of such factors as population shifts and changing economic circumstances. In the event excess amounts remain after carrying out the preceding 2 sentences of this section, such excess amounts shall be distributed among the other States as the Secretary shall prescribe for use by local educational agencies in such States for the purposes of this chapter in such manner as the respective State educational agencies shall prescribe. “SEC. 1404. PAYMENTS FOR STATE ADMINISTRATION. “(a) In General.—The Secretary is authorized to pay to each State amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this chapter (other than section 1021), except that the total of such payments in any fiscal year shall be the greater of the following: “(1) 1 percent of the amount allocated to the State and its local educational agencies and to other State agencies as deter-mined for that year under parts A and D; or “(2) $325,000, or $50,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. 102 STAT. 188 “(b) Limitation on Indirect Costs.—Not more than 15 percent of the State administrative allocation under subsection (a) may be used for indirect costs of the grant. “SEC. 1405. FUNDS FOR THE IMPLEMENTATION OF SCHOOL IMPROVEMENT PROGRAMS. “(a) General Authority.—The Secretary is authorized to pay, for the purpose of carrying out program improvement plans described in section 1021, to each State an amount equal to— “(1)(A) 0.25 percent of the amount allocated to the State and its local educational agencies as determined under parts A and D for fiscal years 1989, 1990, and 1991; and “(B) 0.5 percent of the amount allocated to the State and its local educational agencies as determined under parts A and D for fiscal years 1992 and 1993; or “(2)(A) 590,000 or $15,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands for fiscal years 1989, 1990 and 1991; and “(B) $180,000 or $30,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands for fiscal years 1992 and 1993. “(b) Limitations.—(1) No funds made available to States under subsection (a) may be used for administrative functions related to any provisions of this chapter. “(2) Funds made available to States under this section shall only be used for direct educational services in schools implementing program improvement plans as described under section 1021. “(3) Parents of participating children, school staff, the local educational agency and the State educational agency shall jointly agree to the selection of providers of technical assistance and the best use of funds available under subsection (a) for the effective implementation of the program improvement plan. Uses of such funds include assistance from— “(A) an institution of higher education; “(B) federally supported educational laboratory or center; “(C) State personnel with expertise in educational improvement; “(D) locally, State, or nationally based consultants; and “(E) other possible providers of the specific services required by the school’s program plan. “SEC. 1406. LIMITATION ON GRANT TO THE COMMONWEALTH OF PUERTO RICO. “Notwithstanding the provisions of this chapter, the amount paid to the Commonwealth of Puerto Rico under this chapter for any fiscal year shall not exceed 150 percent of the amount received by the Commonwealth of Puerto Rico under chapter 1 of the Education Consolidation and Improvement Act or under this chapter in the preceding fiscal year. Any excess over such amount shall be used to ratably increase the allocations under subpart 1 of part A of the other local educational agencies whose allocations do not exceed the maximum amount for which the agencies are eligible under section 1005. 102 STAT. 189 “PART F—GENERAL PROVISIONS “Subpart 1—Federal Administration “SEC. 1431. FEDERAL REGULATIONS. “(a) In General.—The Secretary is authorized to issue such regulations as are considered necessary to reasonably ensure that there is compliance with the specific requirements and assurances required by this chapter. “(b) Procedure.—(1) Prior to publishing proposed regulations pursuant to this chapter, the Secretary shall convene regional meetings which shall provide input to the Secretary on the content of proposed regulations. Such meetings shall include representatives of Federal, State, and local administrators, parents, teachers, and members of local boards of education involved with implementation of programs under this chapter. “(2) Subsequent to regional meetings and prior to publishing proposed regulations in the Federal Register, the Secretary shall prepare draft regulations and submit regulations on a minimum of 4 key issues to a modified negotiated rulemaking process as a demonstration of such process. The modified process shall waive application of the Federal Advisory Committee Act, but shall otherwise follow the guidance provided in the Administrative Conference of the United States in Recommendation 82–4, ‘Procedures for Negotiating Proposed Regulations’ (47 Fed. Reg. 30708, June 18, 1982) and any successor regulation. Participants in the demonstration shall be chosen by the Secretary from among participants in the regional meetings, representing the groups described in paragraph (1) and all geographic regions. The demonstration shall be conducted in a timely manner in order that final regulations may be issued by the Secretary within the 240-day period required by section 431(g) of the General Education Provisions Act. “(3) In an emergency situation in which regulations pursuant to this chapter must be issued within a very limited time to assist State and local educational agencies with the operation of the program, the Secretary may issue a regulation without such prior consultation, but shall immediately thereafter convene regional meetings to review the emergency regulation prior to issuance in final form. “(c) Special Rule.—Funds made available under sections 1437 and 1463 of this chapter shall be released for expenditure by the Secretary only at such time as final regulations pertaining to this chapter are published in the Federal Register. “(d) Limitation.—Programs under this chapter may not be required to follow any 1 instructional model, such as the provision of services outside the regular classroom or school program. “SEC. 1432. AVAILABILITY OF APPROPRIATIONS. “(a) General Provision.—Notwithstanding any other provision of law, unless expressly in limitation of this section, funds appropriated in any fiscal year to carry out activities under this chapter shall become available for obligation on July 1 of such fiscal year and shall remain available for obligation until the end of the subsequent fiscal year. “(b) Carryover and Waiver.—Notwithstanding section 412 of the General Education Provisions Act, subsection (a) or any other provision of law— 102 STAT. 190 “(1) not more than 25 percent of funds appropriated for fiscal year 1989 and 15 percent of funds appropriated for fiscal year 1990 and each subsequent year may remain available for obligation for 1 additional year; “(2) a State educational agency may grant a 1-time waiver of the percentage limitation under paragraph (1) if the agency determines that the request by a local educational agency is reasonable and necessary or may grant a waiver in any fiscal year in which supplemental appropriations for this chapter become available for obligation; and “(3) the percentage limitation under paragraph (1) shall not apply with respect to any local educational agency which receives less than $50,000 under this chapter for any fiscal year. “SEC. 1433. WITHHOLDING OF PAYMENTS. “(a) Withholding.—Whenever the Secretary, after reasonable notice to any State educational agency and an opportunity for a hearing on the record, finds that there has been a failure to comply substantially with any assurances required to be given or conditions required to be met under this chapter, the Secretary shall notify such agency of these findings and that beginning 60 days after the date of such notification, further payments will not be made to the State under this chapter, or affected part or subpart thereof (or, in the Secretary’s discretion, that the State educational agency shall reduce or terminate further payments under the affected part or subpart thereof, to specified local educational agencies or State agencies affected by the failure) until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, (1) no further payments shall be made to the State under the part or subpart thereof, or (2) payments by the State educational agency under the part or subpart thereof shall be limited to local educational agencies and State agencies not affected by the failure, or (3) payments to particular local educational agencies shall be reduced, as the case may be. “(b) Notice to Public.—Upon submission to a State of a notice under subsection (a) that the Secretary is withholding payments, the Secretary shall take such action as may be necessary to bring the withholding of payments to the attention of the public within the State. “SEC. 1434. JUDICIAL REVIEW. “(a) Filing Appeals.—If any State is dissatisfied with the Secretary’s action under section 1433(a), such State may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall act to suspend any withholding of funds by the Secretary pending the judgment of the court and prior to a final action on any review of such judgment. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary’s action was based, as provided in section 2112 of title 28, United States Code. “(b) Basis of Review.—For the purposes of this chapter, the basis of review shall be as provided in section 458(c) of the General Education Provisions Act. 102 STAT. 191 “(c) Judicial Appeals.—Upon the filing of such petition, the court shall have 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 of certification as provided in section 1254 of title 28, United States Code. “SEC. 1435. EVALUATION. “(a) National Standards.—In consultation with State and local educational agencies (including members of State and local boards of education and parent representatives), the Secretary shall develop national standards for local evaluation of programs under this chapter. In developing such standards, the Secretary may use the Title I Evaluation and Reporting System designed and implemented under title I of this Act, as in effect prior to the date of the enactment of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 as the model. The Secretary shall provide advance notification to State and local educational agencies of the requirements of such national standards of evaluations. “(b) Reports.—The Secretary shall submit a comprehensive and detailed report concerning State and local evaluation results based on data collected under sections 1019, 1107, 1202(a)(6), and 1242(d) to the appropriate committees of the Congress on a biennial basis. “SEC. 1436. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINISTRATION. “(a) Policy Manual.—The Secretary shall, not later than 6 months after the publication of final regulations with respect to this chapter, prepare and distribute to State educational agencies, State agencies operating programs under part D, and local educational agencies, and shall make available to parents and other interested individuals, organizations, and agencies, a policy manual for this chapter to— “(1) assist such agencies in (A) preparing applications for program funds under this chapter, (B) meeting the applicable program requirements under this chapter, and (C) enhancing the quality, increasing the depth, or broadening the scope of activities for programs under this chapter; “(2) assist State educational agencies in achieving proper and efficient administration of programs funded under this chapter; “(3) assist parents to become involved in the planning for, and implementation and evaluation of, programs and projects under this chapter; and “(4) ensure that officers and employees of the Department of Education, including officers and employees of the Secretary and officers and employees of such Department charged with auditing programs carried on under this chapter, uniformly interpret, apply, and enforce requirements under this chapter throughout the United States. “(b) Contents of Policy Manual—The policy manual shall, with respect to programs carried out under this chapter, contain descriptions, statements, procedural and substantive rules, opinions, policy statements and interpretations and indices to and amendments of the foregoing, and in particular, whether or not such items are required under section 552 of title 5, United States Code to be 102 STAT. 192published or made available. The manual shall include (but not be limited to)— “(1) a statement of the requirements applicable to the programs carried out under this chapter, including such requirements contained in this chapter, the General Education Provisions Act, other applicable statutes, and regulations issued under the authority of such statutes; “(2) an explanation of the purpose of each requirement and its interrelationship with other applicable requirements; “(3) a statement of the procedures to be followed by the Secretary with respect to proper and efficient performance of administrative responsibilities; “(4) summaries of (A) advisory opinions interpreting and applying applicable requirements, and (B) final audit determinations relevant to programs under this chapter, including examples of actual applications of the legal requirements of applicable statutes and regulations; “(5) model forms and instructions developed by the Secretary for use by State and local educational agencies, at their discretion, including, but not limited to, application forms, application review checklists, and instruments for monitoring programs under this chapter; “(6) summaries of appropriate court decisions concerning programs under this chapter; and “(7) model forms, policies, and procedures developed by State educational agencies. “(c) Response to Inquiries.—The Secretary shall respond with written guidance not more than 90 days after any written request (return receipt requested) from a State or local educational agency regarding a policy, question, or interpretation under this chapter. In the case of a request from a local educational agency, such agency must first have addressed its request to the State educational agency. “(d) Technical Assistance.—From funds available to the Secretary for studies, evaluations, and technical assistance, the Secretary shall continue, establish, and expand technical assistance centers to provide assistance to State and local educational agencies with respect to programs under this chapter. In providing such assistance, centers shall place particular emphasis on information relating to program improvement, parental involvement, instruction, testing and evaluation, and curriculum under this chapter. Such centers shall be accessible through electronic means. “(e) Federal Dissemination of Exemplary Programs.—To the extent possible, the Secretary shall provide information to State and local educational agencies regarding opportunities for dissemination of exemplary programs under this chapter through the National Diffusion Network. The Secretary shall emphasize programs which are exemplary in their implementation of the parent involvement provisions of section 1016. The Secretary shall coordinate Federal exemplary project identification activities with the National Diffusion Network. “(f) Federal Review of State and Local Administration.—The Secretary shall provide for a review of State and local administration of programs under this chapter. In addition to such other areas as the Secretary may consider appropriate, the review shall consider State policies, guidance materials, monitoring and enforcement 102 STAT. 193activities, and the detection and resolution of problems of local noncompliance. “SEC. 1437. AUTHORIZATION OF APPROPRIATIONS FOR EVALUATION AND TECHNICAL ASSISTANCE. “There are authorized to be appropriated for the purposes of sections 1435 and 1436 for other Federal evaluation, technical assistance, and research activities related to this chapter, and authorized studies under this chapter, $4,000,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 through 1993. “SEC. 1438. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT. “(a) General Rule.—Except as otherwise specifically provided by this section, the General Education Provisions Act shall apply to the programs authorized by this chapter. “(b) Supercession Rule.—The following provisions of the General Education Provisions Act shall be superseded by the specified provisions of this chapter with respect to the programs authorized by this subtitle: “(1) Section 408(a)(1) of the General Education Provisions Act is superseded by section 1431 of this chapter. “(2) Section 426(a) of such Act is superseded by section 1437 of this chapter. “(3) Section 427 of such Act is superseded by section 1016 of this chapter. “(4) Section 430 of such Act is superseded by sections 1012, 1056, 1104(b), 1125, 1202(a), and 1224 of this chapter. “(5) Section 455 of such Act is superseded by section 1433 of this chapter. “(6) Section 458 of such Act is superseded by section 1434 of this chapter with respect to judicial review of withholding of payments. “(c) Exclusion Rule.—Sections 434, 435, and 436 of the General Education Provisions Act, except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to the programs authorized by this chapter and shall not be construed to authorize the Secretary to require any reports or take any actions not specifically authorized by this chapter. “SEC. 1138. NATIONAL COMMISSION ON MIGRANT EDUCATION. “(a) Establishment.—There is established, as an independent agency within the executive branch, a National Commission on Migrant Education (referred to in this section as the ‘Commission’). “(b) Membership.— “(1) The Commission shall be composed of 12 members. Four of the members shall be appointed by the President. Four of the members shall be appointed by the Speaker of the House, including 2 Members of the House, 1 from each political party. Four of the members shall be appointed by the President pro tempore of the Senate, including 2 Members of the Senate, 1 from each political party. “(2) The chairman shall be designated by the President from among the members appointed by the President. If the President has not appointed 4 members of the Commission and designated a chairman within 60 days of the enactment of this Act, the members of the Commission appointed by the Speaker 102 STAT. 194of the House and the President pro tempore of the Senate shall elect a chairman who shall continue to serve for the duration of the Commission. “(3) Any vacancy in the Commission shall be filled in the same manner as the original appointment. “(c) Study.—The Commission shall make a study of the following issues: “(1) What are the demographics of the children of migratory workers today compared with 10 years ago and how are the demographics expected to change over the next decade. “(2) What are the individual roles of the Federal, State, and private sectors in migrant affairs; how has each sector enhanced migrant educational opportunities, including entry into all types of postsecondary education programs; and should Federal programs include incentives for private and State participation. “(3) What is the number of unserved or underserved migrant students who are eligible for the programs under this chapter nationwide and on a State-by-State basis. “(4) How can migrant education, migrant health, migrant Head Start, Job Training Partnership programs serving mi-grants, HEP/CAMP, and adult literacy programs be integrated and coordinated at both the Federal and State levels. “(5) How many migrant students are identified as potential drop-outs; how might this issue be addressed at the national policy level; and what effect does the migrant mother have on her children’s performance. “(6) How do the migrant programs under this chapter vary from State to State; how do their administrative costs vary; how do parent involvement and services vary. “(7) What role has the Migrant Student Record Transfer System performed in assisting the migrant population; to what degree is it utilized for enhancing the education program at the local level and by the classroom teacher; is it cost effective; and how well would such a system adapt to other mobile populations like those in the inner cities or those in the Department of Defense overseas schools. “(8) How many prekindergarten programs are available to migratory children; what services are they provided; what is the degree of parent involvement with these programs; what is a typical profile of a student in such a program. “(9) How well are migrant handicapped and gifted and talented students identified and served; and what improvements might be made in this area. “(10) How many of the students being served are identified as ‘currently migrant’ and how many are ‘formerly migrant’; what differences are there in their needs; and how do services provided differ between those of ‘currently migrant’ and those of ‘formerly migrant’. “(11) How does interstate and intrastate coordination occur at the State and local levels. “(12) Is there a need to establish a National Center for Migrant Affairs and what are the options for funding such a Center. “(d) Reports.— “(1) The Commission shall prepare and submit reports and recommendations to the President and to the appropriate committees of the Congress on the studies required to be con-102 STAT. 195ducted under this section. The reports for the studies required shall be submitted as soon as practicable. “(2) Any recommendations and reports submitted under this paragraph which contemplate changes in Federal legislation shall include draft legislation to accomplish the recommendations. “(e) Special Study on the Migrant Student Records Transfer System.—(1) The Commission shall conduct a study of the function and the effectiveness of the Migrant Student Records Transfer System. “(2) The Commission shall prepare and submit to the Secretary of Education and to the Congress, not later than 2 years after the first meeting of the Commission, a report on the study required by paragraph (1). “(f) Compensation.— “(1) Members of the Commission who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. “(2) Members of the Commission who are not officers or full-time employees of the United States may each receive $150 per diem when engaged in the actual performance of duties vested tn the Commission. In addition, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. “(f) Staff.—Such personnel as the Commission deems necessary may be appointed by the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subtitle in of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS–18 of the General Schedule. “(g) Administration.— “(1) The Commission or, on the authorization of the Commission, any committee thereof, may, for the purpose of carrying out the provisions of this section, hold such hearings and sit and act at such times and such places within the United States as the Commission or such committee may deem advisable. “(2) In carrying out its duties under this section, the Commission shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the extent feasible. “(3) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality, information, suggestions, estimates, and statistics for the purpose of this section, and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman. 102 STAT. 196 “(4) For the purpose of securing the necessary data and information, the Commission may enter into contracts with universities, research institutions, foundations, and other competent public or private agencies. For such purpose, the Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. “(5) The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the Commission in carrying out this section. “(6) The Commission is authorized to utilize, with their con-sent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement. “(7) The Commission shall have authority to accept in the name of the United States, grants, gifts, or bequests of money for immediate disbursement in furtherance of the functions of the Commission. Such grants, gifts, or bequests, after acceptance by the Commission, shall be paid by the donor or the donor’s representative to the Treasurer of the United States whose receipts shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Commission for the purposes in each case specified. “(8) Six members of the Commission shall constitute a quorum, but a lesser number of 2 or more may conduct hearings. “(h) Termination.—The Commission shall terminate 3 years after the date of its first meeting. “(i) Authorization of Appropriations.—Effective October 1, 1988, there is authorized to be appropriated $2,000,000 to carry out the provisions of this section, which shall remain available until expended or until the termination of the Commission, whichever occurs first. “Subpart 2—State Administration “SEC. 1451. STATE REGULATIONS. “(a) In General.—(1) Except as provided in paragraph (2), nothing in this chapter may be interpreted to preempt, prohibit, or encourage State regulations issued pursuant to State law which are not inconsistent with the provisions of this chapter, regulations promulgated under this chapter, or other applicable Federal statutes and regulations. “(2) State rules or policies may not limit local school districts’ decisions regarding the grade levels to be served; the basic skills areas (such as reading, mathematics, or language arts) to be ad-dressed; instructional settings, materials or teaching techniques to be used; instructional staff to be employed (as long es such staff meet State certification and licensing requirements for education personnel); or other essential support services (such as counseling and other pupil personnel services) to be provided as part of the programs authorized under this chapter. “(3) Nothing in this subsection may be construed to inhibit the State educational agency’s responsibility to work jointly with local educational agencies and other State agencies receiving funds under this chapter in program improvement activities pursuant to section 102 STAT. 1971021 where the State may suggest various activities and approaches as it works with such agencies to develop program improvement plans. “(b) Review by Committee of Practitioners.—Before publication of any proposed or final State rule or regulation pursuant to this chapter, each such rule shall be reviewed by a State committee of practitioners which shall include administrators, teachers, parents, and members of local boards of education, and on which a majority of the members shall be local educational agency representatives. In an emergency situation where such regulation must be issued within a very limited time to assist local educational agencies with the operation of the program, the State educational agency may issue a regulation without such prior consultation, but shall immediately thereafter convene a State committee of practitioners to review the emergency regulation prior to issuance in final form. “(c) Identification as State Requirement.—The imposition of any State rule or policy relating to the administration and operation of programs funded by this chapter (including those based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement. “SEC. 1452. RECORDS AND INFORMATION. “Each State educational agency shall keep such records and provide such information to the Secretary as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under this chapter). “SEC. 1453. ASSIGNMENT OF PERSONNEL. “(a) Limitations—Public school personnel paid entirely by funds made available under this chapter may be assigned limited supervisory duties which are assigned to similarly situated personnel who are not paid with such funds, and such duties need not be limited to classroom instruction or to the benefit of children participating in programs or projects funded under this chapter. The time spent by public school personnel on duties described in the preceding sentence may not exceed either— “(1) the same proportion of total work time as prevails with respect to similarly situated personnel at the same school site, or “(2) one period per day, whichever is less. “(b) Use in State Programs.—If a State carries out a program as defined under section 1018(d), the State may use funds under this chapter to pay salaries of personnel assigned to both the State program and the program under this chapter for administration, training, and technical assistance, if the State educational agency maintains time distribution records reflecting the actual amount of time spent by each such employee signed by that employee’s super-visor, and costs are charged on a prorated basis to both programs. “SEC. 1454. PROHIBITION REGARDING STATE AID. “No State shall take into consideration payments under this chapter in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. 102 STAT. 198 “Subpart 3—Rural Educational Opportunities “SEC. 1456. PROGRAM AUTHORIZED. “(a) General Authority.—The Secretary shall make grants to, or enter into contracts with, institutions of higher education, private nonprofit agencies and organizations, regional educational laboratories, technical assistance centers established pursuant to section 1436(d), public agencies, State education agencies, or combinations of such agencies or institutions within particular regions of the United States, to pay all or part of the cost of operating at least 10 rural assistance programs. The Secretary may not make a grant to, or enter into a contract with, any agency, institution, organization, or combination thereof under the preceding sentence unless such agency, institution, organization, or combination thereof has extensive experience providing educational assistance to State and local educational agencies. “(b) Functions of Regional Rural Assistance Programs.—Each regional rural assistance program established under subsection (a) shall provide technical assistance, consultation, training, and such other assistance as will assist State educational agencies and local educational agencies in the region to improve the quality of the education provided to educationally disadvantaged children participating in programs under this chapter who reside in rural areas or attend small schools. Each such program shall give special consideration to, and report on, problems related to districts with declining enrollments and ways in which districts can combine management to provide effective programs. “SEC. 1457. APPLICATION PRIORITY REQUIREMENTS. “(a) In carrying out this subpart, the Secretary shall give priority to applicants which describe assistance to school districts in local educational agencies in rural areas— “(1) with the highest concentrations of children from low-income families; “(2) that have a significant number or percentage of schools serving children from low-income families; and “(3) in which there are a significant number of schools in which evaluations indicate lack of substantial progress toward meeting desired outcomes, no improvement, or a decline in aggregate performance by the children participating in programs under this chapter. “(b) Applicants shall consult with State educational agencies and local educational agencies in the application process. “SEC. 1458. COORDINATION, DISSEMINATION, AND REPORT. “(a) Coordination.—Each program established under this subpart shall— “(1) coordinate its activities with technical assistance centers established under section 1436(d), “(2) coordinate its activities with the activities of local educational agencies and State educational agencies under section 1021, and “(3) assist in identifying successful programs and practices for dissemination through existing dissemination networks and efforts. “(b) Dissemination and Report.—(1) Each rural assistance program shall be accessible through electronic means. 102 STAT. 199 “(2) Regional rural assistance programs shall submit a report to the Secretary every 2 years containing such reasonable information about its activities as the Secretary may request, but including at a minimum information on efforts to provide effective services under this chapter in rural school districts facing declining enrollments, with particular attention to issues inherent in consolidating, jointly administering, or otherwise combining the resources of 2 or more districts. “SEC. 1459. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $10,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. “Subpart 4—Studies “SEC. 1461. REPORT ON STATE AND LOCAL EVALUATIONS. “The Secretary shall submit a comprehensive and detailed report concerning State and local evaluation results based on data collected under sections 1019, 1107(a), 1202(a)(6), and 1242(d) to the appropriate committees of the Congress on a biennial basis. “SEC. 1462. NATION AI. STUDY ON EFFECT OF PROGRAMS ON CHILDREN. “(a) National Longitudinal Study.—The Secretary shall contract with a qualified organization or agency to conduct a national longitudinal study of eligible children participating in programs under this chapter. The study shall assess the impact of participation by such children in chapter 1 programs until they are 18 years of age. The study shall compare educational achievement of those children with significant participation in chapter 1 programs and comparable children who did not receive chapter 1 services. Such study shall consider the correlations between participation in programs under this chapter and academic achievement, delinquency rates, truancy, school dropout rates, employment and earnings, and enrollment in postsecondary education. The study shall be conducted throughout the country in urban, rural, and suburban areas and shall be of sufficient size and scope to assess and evaluate the effect of the program in all regions of the Nation. “(b) Follow-Up.—The agency or organization with which the Secretary has entered a contract under subsection (a) shall conduct a follow-up of the initial survey which shall include a periodic update on the participation and achievement of a representative group of children who participated in the initial study. Such follow-up shall evaluate the effects of participation until such children are 25 years of age. “(c) Report.—A final report summarizing the findings of the study shall be submitted to the appropriate committees of the Congress not later than January 1, 1997; an interim report shall be so submitted not later than January 1, 1993. “SEC. 1463. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $4,000,000 for the fiscal year 1989, $4,200,000 for the fiscal year 1990, $4,400,000 for the fiscal year 1991, $4,700,000 for the fiscal year 1992, and $5,000,000 for the fiscal year 1993 for carrying out sections 1461 and 1462. 102 STAT. 200 “Subpart 5—Definitions “SEC. 1471. DEFINITIONS. “Except as otherwise provided, for purposes of this Act: “(1) The term ‘average daily attendance’ means attendance determined in accordance with State law, except that notwithstanding any other provision of this chapter, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this chapter the attendance of such child at such school shall be held and considered (A) to be in attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (B) not to be in attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract. “(2) The term ‘average per pupil expenditure’ means in the case of a State or the United States, the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies in the State, or in the United States (which for the purposes of this subsection means the 50 States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. “(3) The term ‘community-based organization’ means a private nonprofit organization which is representative of a community or significant segments of a community and which provides educational or related services to individuals in the community. “(4) The term ‘construction’ includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. “(5) The term ‘county’ means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. “(6) The term ‘current expenditures 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 not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under this chapter, chapter 2 of this title, or chapter 1 or 2 of the Education Consolidation and Improvement Act of 1981. “(7) The term ‘effective schools programs’ means school-based programs that may encompass preschool through secondary 102 STAT. 201school levels and that have the objective of (A) promoting school-level planning, instructional improvement, and staff development, (B) increasing the academic achievement levels of all children and, particularly, educationally deprived children, and (C) achieving as ongoing conditions in the school the fol-lowing factors identified through effective school research as distinguishing effective from ineffective schools— “(i) strong and effective administrative and instructional leadership that creates consensus on instructional goals and organizational capacity for instructional problem solving; “(ii) emphasis on the acquisition of basic and higher order skills; “(iii) a safe and orderly school environment that allows teachers and pupils to focus their energies on academic achievement; “(iv) a climate of expectations that all children can learn under appropriate conditions; and “(v) continuous assessment of students and programs to evaluate the effects of instruction. “(8) The term ‘elementary school’ means a day or residential school which provides elementary education, as determined under State law. “(9) The term ‘equipment’ includes machinery, utilities, and building equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. “(10) The term ‘institution of higher education’ has the meaning given that term in section 1201(a) of the Higher Education Act of 1965. “(11) The term ‘free public education’ means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State, except that such term does not include any education provided beyond grade 12. “(12) The term ‘local educational agency’ means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. “(13) The term ‘more advanced skills’ means skills including reasoning, analysis, interpretation, problem-solving, and decisionmaking as they relate to the particular subjects in which instruction is provided under programs supported by this chapter. 102 STAT. 202 “(14) The term ‘parent’ includes a legal guardian or other person standing in loco parentis. “(15) The term ‘parent advisory council’ means a body com-posed primarily of members who are parents of children served by the programs or projects assisted under this chapter and who are elected by such parents, in order to advise the State or local educational agency in the planning, implementation, and evaluation of programs under this chapter. “(16) The term ‘project area’ means a school attendance area having a high concentration of children from low-income families which, without regard to the locality of the project itself, is designated as an area from which children are to be selected to participate in a program or project assisted under this chapter. “(17) The terms ‘pupil services personnel’ and ‘pupil services’ mean school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services as part of a comprehensive program to meet student needs, and the services provided by such individuals. “(18) The term ‘school attendance area’ means in relation to a particular school, the geographical area in which the children who are normally served by that school reside. “(19) The term ‘school facilities’ means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public. “(20) The term ‘Secretary’ means the United States Secretary of Education. “(21) The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. “(22) The term ‘State’ means a State, the Commonwealth of Puerto Rico, Guam, the District of Columbia, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. “(23) The term ‘State educational agency means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. “Subpart 6—Miscellaneous Provisions “SEC. 1491. TRANSITION PROVISIONS. “(a) Regulations.—All orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued by the Secretary under chapter 1 of the Education Consolidation and Improvement Act of 1981 and title I of this Act (as in effect on the date before the effective date of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988), or which are issued under such Acts on or before the effective date of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 102 STAT. 203shall continue in effect until modified or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. “(b) Effect on Pending Proceedings.—The provisions of this chapter shall not affect administrative or judicial proceedings pending on the effective date of this section under chapter 1 of the Education Consolidation and Improvement Act of 1981 or this title. “(c) Transition.—With respect to the period beginning on July 1, 1988, and ending June 30, 1989, no recipient of funds under this chapter, or chapter 2 of this title, or under chapter 1 or 2 of the Education Consolidation and Improvement Act of 1981 shall be held to have expended such funds in violation of the requirements of this Act or of such Act if such funds are expended either in accordance with this Act or such Act. “CHAPTER 2—FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL IMPROVEMENT “SEC. 1501. FINDINGS AND STATEMENT OF PURPOSE. “(a) Findings.—The Congress finds that— “(1) chapter 2 of the Education Consolidation and Improvement Act of 1981 has been successful in achieving the goals of increasing local flexibility, reducing administrative burden, providing services for private school students, encouraging innovation, and contributing to the improvement of elementary and secondary educational programs; “(2) State and local governments have placed a new focus on education; “(3) school effectiveness can be increased through effective schools programs to improve student achievement, student behavior, teaching, learning, and school management; and “(4) teachers make a significant and positive contribution to the education of our Nation’s students, and local educational agencies are encouraged to recognize this contribution. “(b) Statement of Purpose.—It is the purpose of programs under this chapter— “(1) to provide the initial funding to enable State and local educational agencies to implement promising educational programs that can be supported by State and local sources of funding after such programs are demonstrated to be effective; “(2) to provide a continuing source of innovation, educational improvement, and support for library and instructional materials; “(3) to meet the special educational needs of at risk and high cost students, as described in section 1531(b); “(4) to enhance the quality of teaching and learning through initiating and expanding effective schools programs; and “(5) to allow State and local educational agencies to meet their educational needs and priorities for targeted assistance described in section 1531. “(c) State and Local Responsibility.— The basic responsibility for the administration of funds made available under this chapter is in the State educational agencies, but it is the intent of Congress that this responsibility be carried out with a minimum of paperwork and that the responsibility for the design and implementation of programs assisted under this chapter will be mainly that of local educational agencies, school superintendents and principals, and 102 STAT. 204classroom teachers and supporting personnel, because they have the most direct contact with students and are most directly responsible to parents and because they are the most likely to be able to design programs to meet the educational needs of students in their own districts. “SEC. 1502. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE. “(a) Authorization.—There are authorized to be appropriated $580,000,000 for the fiscal year 1989, $610,000,000 for the fiscal year 1990, $640,000,000 for the fiscal year 1991, $672,000,000 for the fiscal year 1992, and $706,000,000 for the fiscal year 1993, to carry out the provisions of this chapter. “(b) Duration of Assistance.—During the period beginning October 1, 1988, and ending September 30, 1993, the Secretary snail, in accordance with the provisions of this chapter, make payments to State educational agencies for the purpose of this chapter. “PART A—STATE AND LOCAL PROGRAMS “Subpart 1—General Provisions “SEC. 1511. ALLOTMENT TO STATES. “(a) Reservations.—“(1) From the sums appropriated to carry out this chapter in any fiscal year, the Secretary shall reserve not to exceed 1 percent for payments to Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands, to be allotted in accordance with their respective needs. “(2) The Secretary shall reserve an additional amount, not to exceed 6 percent of the sums appropriated in each fiscal year, to carry out the provisions of part B. “(b) Allotment.—From the remainder of such sums the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of the State bears to the school-age population of all States, except that no State shall receive less than an amount equal to one-half of 1 percent of such remainder. “(c) Definitions.—For purposes of this section— “(1) The term ‘school-age population’ means the population aged 5 through 17. “(2) The term ‘States’ includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. “SEC. 1512. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. “(a) Distribution Rule.—From the sum made available each year under section 1511, the State educational agency shall distribute not less than 80 percent to local educational agencies within such State according to the relative enrollments in public and private, non-profit schools within the school districts of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per pupil allocations to local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as— “(1) children living in areas with high concentrations of low-income families, “(2) children from low-income families, and 102 STAT. 205 “(3) children living in sparsely populated areas. “(b) Calculation of Enrollments.—(1) The calculation of relative enrollments under subsection (a) shall be on the basis of the total of— “(A) the number of children enrolled in public schools, and “(B) the number of children enrolled in private nonprofit schools that desire that their children participate in programs or projects assisted under this chapter, for the fiscal year preceding the fiscal year in which the determination is made. Nothing in this subsection shall diminish the responsibility of local educational agencies to contact, on an annual basis, appropriate officials from private nonprofit schools within the areas served by such agencies in order to determine whether such schools desire that their children participate in programs assisted under this chapter. “(2)(A) Relative enrollments under subsection (a) shall be adjusted, in accordance with criteria approved by the Secretary under subparagraph (B), to provide higher per pupil allocations only to local educational agencies which serve the greatest numbers or percentages of— “(i) children living in areas with high concentrations of low-income families, “(ii) children from low-income families, or “(iii) children living in sparsely populated areas. “(B) The Secretary shall review criteria submitted by a State educational agency for adjusting allocations under paragraph (1) and shall approve such criteria only if the Secretary determines that such criteria are reasonably calculated to produce an adjusted allocation that reflects the relative needs within the State’s local educational agencies based on the factors set forth in subparagraph (A). “(c) Payment of Allocations.— “(1) From the funds paid to it pursuant to section 1511 for a fiscal year, a State educational agency shall distribute to each eligible local educational agency which has submitted an application as required in section 1533 the amount of its allocation as determined under subsection (a). “(2)(A) Additional funds resulting from higher per pupil allocations provided to a local educational agency on the basis of adjusted enrollments of children described in subsection (a), may, at the discretion of the local educational agency, be allocated for expenditures to provide services for children enrolled in public and private nonprofit schools in direct proportion to the number of children described in subsection (a) and enrolled in such schools within the local educational agency. “(B) In any fiscal year, any local educational agency that elects to allocate such additional funds in the manner described in subparagraph (A) shall allocate all additional funds to schools within the local educational agency in such manner. “(C) The provisions of subparagraphs (A) and (B) may not be construed to require any school to limit the use of such additional funds to the provision of services to specific students or categories of students. 102 STAT. 206 “Subpart 2—State Programs “SEC. 1521. STATE USES OF FUNDS. “(a) Authorized Activities.—A State educational agency may use funds reserved for State use under this chapter only for— “(1) State administration of programs under this chapter including— “(A) supervision of the allocation of funds to local educational agencies; “(B) planning, supervision, and processing of State funds; “(C) monitoring and evaluation of programs and activities under this part; and “(D) operations of the State advisory committee; “(2) technical assistance and direct grants to local educational agencies and statewide activities which assist local educational agencies to provide targeted assistance as provided in section 1531; and “(3) assistance to local educational agencies and statewide activities to carry out effective schools programs under subpart 4. “(b) Limitations and Requirements.— “(1) Not more than 25 percent of funds available for State programs under this part in any fiscal year may be used for State administration under subsection (a)(1). “(2)(A) At least 20 percent of funds available for State programs under this part in any fiscal year shall be used for effective schools programs under subsection (a)(3). “(B) If a State is spending from non-Federal sources an amount equal to twice as much as the State is required to use for the purposes of subsection (a)(3), the Secretary may waive the requirement of subparagraph (A). In deciding whether or not to grant such a waiver, the Secretary shall use the definition of effective schools contained in section 1471(18). “SEC. 1522. STATE APPLICATIONS. “(a) Application Requirements.—Any State which desires to receive grants under this chapter shall submit to the Secretary an application which— “(1) designates the State educational agency as the State agency responsible for the administration and supervision of programs assisted under this chapter; “(2) provides for a process of active and continuing consultation with the State educational agency of an advisory commit-tee, appointed by the Governor and determined by the Governor to be broadly representative of the educational interests and the general public in the State, including individuals representative of— “(A) public and private elementary and secondary school-children; “(B) classroom teachers; “(C) parents of elementary and secondary schoolchildren; “(D) local boards of education; “(E) local and regional school administrators (including principals, superintendents, and administrators of inter-mediate educational units); “(F) institutions of higher education; “(G) the State legislature; 102 STAT. 207 “(H) elementary and secondary school librarians; and “(I) school counselors and other pupil services personnel, to advise the State educational agency on the allocation among targeted programs in accordance with section 1531 (not to exceed 20 percent of the amount of the State’s allotment) reserved for State use under section 1512(a), on the formula for the allocation of funds to local educational agencies, and on the planning, development, support, implementation, and evaluation of State programs assisted under this chapter; “(3)(A) sets forth planned allocation of funds reserved for State use under section 1512(a) among the targeted assistance programs described in section 1531 and describes programs, projects, and activities which are designed to carry out such targeted assistance, together with the reasons for the selection of such programs, projects, and activities; and “(B) sets forth the allocation of such funds required to implement section 1572; “(4) describes how funds reserved under section 1521(b)(2) will be used to carry out subpart 4; “(5) provides for timely public notice and public dissemination of the information provided pursuant to paragraphs (2) and (3); “(6)(A) provides for an annual submission of data on the use of funds, the types of services furnished, and the students served under this chapter; “(B) in fiscal year 1992, provides for an evaluation of the effectiveness of programs assisted under this chapter, which shall include comments of the advisory committee, and shall be made available to the public; “(7) provides that the State educational agency will keep such records and provide such information to the Secretary as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under this chapter); “(8) provides assurance that, apart from technical and advisory assistance and monitoring compliance with this chapter, the State educational agency has not exercised and will not exercise any influence in the decisionmaking processes of local educational agencies as to the expenditures made pursuant to an application under section 1531; “(9) provides the following information: (A) how the State will adjust its formula to comply with section 1512(b)(2), (B) how children under section 1512(b)(2)(A) are defined, (C) the basis on which a determination of the local educational agencies under section 1512(b)(2)(A) is made, and (D) the percentage of the State grant which is proposed to be allotted on an adjusted basis under section 1512; and “(10) contains assurances that there is compliance with the specific requirements of this chapter. “(b) Period of Application.—An application filed by the State under subsection (a) shall be for a period not to exceed 3 years, and may be amended annually as may be necessary to reflect changes without filing a new application. “(c) Audit Rule.—Notwithstanding section 1745 of the Omnibus Budget Reconciliation Act of 1981, local educational agencies receiving less than an average $5,000 each year under this chapter need not be audited more frequently than once every 5 years. 102 STAT. 208 “Subpart 3—Local Targeted Assistance Programs “SEC. 1531. TARGETED USE OF FUNDS. “(a) General Rule.—Funds allocated for use under this chapter shall be used by State and local educational agencies for targeted assistance described in subsection (b). “(b) Targeted Assistance.—The targeted assistance programs referred to in subsection (a) are— “(1) programs to meet the educational needs of students at risk of failure in school and of dropping out and students for whom providing an education entails higher than average costs; “(2) programs for the acquisition and use of instructional and educational materials, including library books, reference mate-rials, computer software and hardware for instructional use, and other curricular materials that would be used to improve the quality of instruction; “(3) innovative programs designed to carry out school wide improvements, including the effective schools program; “(4) programs of training and professional development to enhance the knowledge and skills of educational personnel, including teachers, librarians, school counselors and other pupil services personnel, and administrators and school board members; “(5) programs designed to enhance personal excellence of students and student achievement, including instruction in ethics, performing and creative arts, humanities, activities in physical fitness and comprehensive health education, and participation in community service projects; and “(6) other innovative projects which would enhance the educational program and climate of the school, including programs for gifted and talented students, technology education programs, early childhood education programs, community education and programs for youth suicide prevention. “SEC. 1532. AUTHORIZED ACTIVITIES. “(a) In General.—Activities authorized under this subpart may include the planning, development, or operation and expansion of programs, projects, and activities which are designed to carry out the targeted assistance described in section 1531. Such activities may include— “(1) training of educational personnel in any of the targeted assistance programs described; “(2) guidance and counseling services; and “(3) any other education or related activities which the State or local educational agency determines will contribute to improving the programs described in section 1531. “(b) Administrative Authority.—In order to conduct the activities authorized by this part, each State or local educational agency may use funds reserved for this part to make grants to and to enter into contracts with local educational agencies, institutions of higher education, libraries, museums, and other public and private non-profit agencies, organizations, and institutions. “SEC. 1533. LOCAL APPLICATIONS. “(a) Contents of Application.—A local educational agency or consortia of local educational agencies may receive an allocation of funds under this chapter for any year for which an application is 102 STAT. 209submitted to the State educational agency and such application is certified to meet the requirements of this section. The State educational agency shall certify any such application if such application— “(1)(A) sets forth the planned allocation of funds among targeted assistance programs described in section 1531 of this chapter and describes the programs, projects, and activities designed to carry out such targeted assistance which it intends to support, together with the reasons for the selection of such programs, projects, and activities; and “(B) sets forth the allocation of such funds required to implement section 1572; “(2) describes how assistance under this chapter will contribute to the goals of the program of improving student achievement or improving the quality of education for students; “(3) provides assurances of compliance with provisions of this chapter including the participation of children enrolled in private, nonprofit schools in accordance with section 1572; “(4) agrees to keep such records, and provide such information to the State educational agency as reasonably may be required for fiscal audit and program evaluation, consistent with the responsibilities of the State agency under this chapter; and “(5) provides, in the allocation of funds for the assistance authorized by this chapter, and in the design, planning, and implementation of such programs, for systematic consultation with parents of children attending elementary and secondary schools in the area served by the local agency, with teachers and administrative personnel in such schools, and with other groups involved in the implementation of this chapter (such as librarians, school counselors, and other pupil services personnel) as may be considered appropriate by the local educational agency. “(b) Period of Application.—An application filed by a local educational agency under subsection (a) shall be for a period not to exceed 3 fiscal years, may provide for the allocation of funds among programs and purposes authorized by this chapter for a period of 3 years, and may be amended annually as may be necessary to reflect changes without filing a new application. “(c) Local Educational Agency Discretion.—Subject to the limitations and requirements of this chapter, a local educational agency shall have complete discretion in determining how funds under this subpart shall be divided among the areas of targeted assistance of this subpart. In exercising such discretion, a local educational agency shall ensure that expenditures under this subpart carry out the purposes of this chapter and are intended to meet the educational needs within the schools of that local educational agency. “Subpart 4—Effective Schools Programs “SEC. 1541. ESTABLISHMENT. “Funds shall be available under this chapter in accordance with sections 1521 and 1531 to— “(1) plan, implement, support, evaluate, revise, and strengthen effective schools programs; 102 STAT. 210 “(2) plan and conduct training and other professional development activities for teachers, administrators and other education personnel on the implementation of effective schools programs; “(3) provide technical assistance and promote State and local educational agency awareness of effective schools research, model programs, and implementation; “(4) develop and implement systems to evaluate and analyze effective schools programs; “(5) improve parent and community involvement and participation as part of an ongoing effective schools program; “(6) support model and demonstration programs related to effective schools programs; and “(7) develop and disseminate educational materials related to effective schools programs. “SEC. 1542. EFFECTIVE SCHOOLS. “For the purposes of this chapter the term ‘effective schools programs’ means school-based programs that may encompass preschool through secondary school levels and that have the objectives of (1) promoting school-level planning, instructional improvement, and staff development, (2) increasing the academic achievement levels of all children and particularly educationally deprived children, and (3) achieving as ongoing conditions in the school the following factors identified through effective schools research as distinguishing effective from ineffective schools: “(A) strong and effective administrative and instructional leadership that creates consensus on instructional goals and organizational capacity for instructional problem solving; “(B) emphasis on the acquisition of basic and higher order skills; “(C) a safe and orderly school environment that allows teachers and pupils to focus their energies on academic achievement; “(D) a climate of expectation that virtually all children can learn under appropriate conditions; and “(E) continuous assessment of students and programs to evaluate the effects of instruction. “PART B—NATIONAL PROGRAMS AND ACTIVITIES “SEC. 1561. GENERAL AUTHORITY. “(a) Authorization.—From funds reserved under section 1511(a)(2), the Secretary is authorized to carry out the programs and activities under this part. “(b) Priority Funding.—Subject to the availability of funds for any fiscal year for this part, the Secretary shall make available— “(1) not less than $11,200,000 for National Diffusion Network activities under section 1562; “(2) not less than $8,200,000 for the Inexpensive Book Distribution program under section 1563; “(3) not less than $3,500,000 for the Arts In Education program under section 1564; “(4) not less than $3,200,000 for the law-related education program under section 1565; and “(5) not more than $1,500,000 for the Blue Ribbon Schools program under section 1566. 102 STAT. 211 “SEC. 1562. NATIONAL DIFFUSION NETWORK ACTIVITIES. “(a) Purposes.—The National Diffusion Network shall be a national program that recognizes and furthers excellence in education by— “(1) promoting the awareness and implementation of exemplary educational programs, products, and practices to interested elementary, secondary, and postsecondary institutions throughout the Nation; and “(2) promoting the utilization of the knowledge, talents, and services of local staff associated with various educational excellence recognition efforts. The National Diffusion Network shall be designed to improve the quality of education through the implementation of promising and validated innovations and improvements in educational programs, products, and practices, and through the provision of training, consultation, and related assistance services. “(b) Responsibilities of Secretary.—In carrying out the activities under this section, which shall be limited to activities directly related to the National Diffusion Network, the Secretary shall— “(1) acquaint persons responsible for the operation of elementary, secondary, and postsecondary schools with information about exemplary educational programs, products, practices, and services; “(2) assist such persons in implementing programs, products, and practices which such persons determine may improve the quality of education in the schools for which they are responsible, by providing materials, initial training, and ongoing implementation assistance; “(3) ensure that all such activities, programs, products, and practices are subjected to rigorous evaluation with respect to their effectiveness and their capacity for implementation; “(4) provide program development assistance toward the recognition, dissemination, and implementation of promising practices that hold the potential for answering critical needs and that have achieved credibility because of their effective use in schools; and “(5) ensure that a substantial percentage of the innovations disseminated represent significant changes in practice for schools and teachers. In carrying out paragraph (3) of this section, the Secretary shall conduct a single external review by a program effectiveness panel that focuses exclusively on whether the program is efficacious and transferable to other educational settings. Any activity, program, product, or practice which meets the criteria of the preceding sentence may then be disseminated through the National Diffusion Network, and each eligible recipient (as described in subsection (c)) may apply for assistance in accordance with subsection (d). “(c) Éligible Recipients of Grants and Contracts.—For the purpose of carrying out the activities under this section, the Secretary is authorized to make grants to, and contracts with, local educational agencies, State educational agencies, institutions of higher education, and other public and private nonprofit educational institutions and organizations. “(d) Funding Criteria.—(1) For the purpose of determining which projects to fund under this section, the Secretary shall assess the extent to which the projects meet the following criteria: 102 STAT. 212 “(A) The applicant has a workable plan for disseminating its program. “(B) The program’s approach is innovative. “(C) The program is accurate and up-to-date. “(2) Each applicant for assistance under this section shall submit statements and supporting materials as required by the Secretary but shall not be required to submit more than a representative sample of the program materials of the applicant. “(3) In establishing regulations under this section, including the specific evaluation criteria under paragraph (1), the Secretary shall consult with interested parties, including participants in the National Diffusion Network. “(4) For fiscal year 1988 only, the Secretary shall assess applications for financial assistance under this section on the basis of the application or reapplication proposals. “SEC. 1563. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION. “(a) Authorization.—The Secretary is authorized (1) to enter into a contract with Reading is Fundamental (RIF) (hereinafter in this section referred to as the ‘contractor’), a private nonprofit organization which has as its primary purpose the motivation of children to learn to read, to support and promote the establishment of reading motivation programs which include the distribution of inexpensive books to students, and (2) to pay the Federal share of the cost of such programs. “(b) Requirements of Contract.—The contract shall provide that— “(1) the contractor will enter into subcontracts with local private nonprofit groups or organizations or with public agencies (hereinafter referred to as ‘subcontractors’) under which the subcontractors will agree to establish, operate, and provide the non-Federal share of the cost of reading motivational programs which include the distribution of books by gift or loan, to preschool and elementary and secondary school children; “(2) funds made available by the Secretary to a contractor pursuant to any contract entered into under this section will be used to pay the Federal share of the cost of establishing and operating reading motivational programs as provided in paragraph (1); and “(3) the contractor will meet such other conditions and standards as the Secretary determines to be necessary to assure the effectiveness of the programs authorized by this section and will provide such technical assistance as may be necessary to carry out the purposes of this section. “(c) Restriction on Payments.—The Secretary shall make no payment of the Federal share of the cost of acquiring and distributing books pursuant to a contract authorized by this section unless the Secretary determines that the contractor or subcontractor, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. “(d) Definitions.—For purposes of this section the term ‘Federal share’ means— 102 STAT. 213 “(1) with respect to the cost of books purchased by a sub-contractor for a program in a locality for distribution of such books to children in that locality, 75 percent of the cost to such subcontractor; or “(2) with respect to the cost of books purchased by a sub-contractor for a program of distribution of books to children of migrant or seasonal farmworkers, 100 percent of the cost to such subcontractor for such books. “SEC. 1564. ARTS IN EOUCATION PROGRAM. “The Secretary shall carry out a program of grants and contracts to encourage and assist State and local educational agencies and other public and private agencies, organizations, and institutions to establish and conduct programs in which the arts are an integral part of elementary and secondary school curricula such as— “(1) programs with public and private cultural organizations, agencies, and institutions, including museums, libraries, and theaters; “(2) a program to develop and implement model projects and programs in the performing arts for children and youth, through arrangements made with the John F. Kennedy Center for the Performing Arts; and “(3) a program for the identification, development and implementation of model programs and projects in the arts for individuals with handicaps through arrangements with the organization Very Special Arts. “SEC. 1565. LAW-RELATED EDUCATION PROGRAM. “(a) Authorization.—The Secretary shall carry out a program of grants and contracts to encourage State and local educational agencies and other public and private nonprofit agencies, organizations, and institutions to provide law-related education programs. “(b) Definition.—For the purpose of this section, the term ‘law-related education’ means education to equip nonlawyers with knowledge and skills pertaining to the law, the legal process, the legal system, and the fundamental principles and values on which they are based, “(c) Authorized Activities.—Funds made available for the purposes of this section may be available for activities such as— “(1) awareness activities to provide educators, law-related personnel, and the public with an understanding of what law-related education is; “(2) support for new and ongoing programs in elementary and secondary schools, adult education, community organizations, and institutions of higher education, to provide law-related education, to develop materials and methods, to conduct pilot and demonstration projects, and to disseminate the products of such activities; “(3) clearinghouse and technical assistance, to collect and provide information and assistance to institutions, groups, agencies, organizations, and individuals to aid in establishing, improving, and expanding law-related education activities; “(4) training for law-related personnel in the substance and practice of law-related education, including preservice and in-service seminars, workshops, institutes, and courses; “(5) research and evaluation to study and improve the effectiveness of materials and methods in law-related education; 102 STAT. 214 “(6) involvement of law-related organizations, agencies, and personnel, such as lawyers, law schools, law students, and law enforcement personnel in the provision of law-related education activities; and “(7) youth internships for outside-the-classroom experiences with the law and the legal system. “SEC. 1566. BLUE RIBBON SCHOOLS PROGRAM. “(a) General Authority.—The Secretary is authorized to carry out programs to recognize elementary and secondary schools or programs which have established standards of excellence and which have demonstrated a high level of quality. Such programs shall be designated as ‘Blue Ribbon Schools’. In selecting schools and programs to be recognized, the Secretary shall competitively select public and private schools or programs within local educational agencies in the States, schools operated for Indian children by the Department of the Interior, and schools operated by the Department of Defense for dependents of Department of Defense personnel. “(b) Selection Process.—(1) The Secretary shall designate, each fiscal year, several categories for a Blue Ribbon Schools program. Such categories may include, but shall not be limited to, outstanding elementary schools, outstanding secondary schools, outstanding mathematics and science programs, or outstanding reading programs. “(2) Within each category, the Secretary shall determine the criteria and procedures for selection. Selection for such awards shall be based solely on merit. Schools or programs selected for awards under this section shall not be required to be representative of the States. “(c) Administrative Provisions.—(1) The Secretary shall carry out the provisions of this section including the establishment of the selection procedures, after consultation with appropriate outside parties. “(2) No award may be made under this section unless the local educational agency submits an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may reasonably require. “(3) For the purposes of this section, the term ‘State’ means each of the several States, the District of Columbia, and the Common-wealth of Puerto Rico. “PART C—GENERAL ADMINISTRATIVE PROVISIONS “SEC. 1571. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY. “(a) Maintenance of Effort.—(1) Except as provided in para-graph (2), a State is entitled to receive its full allocation of funds under this chapter for any fiscal year if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free public education for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. “(2) The Secretary shall reduce the amount of the allocation of funds under this chapter in any fiscal year in the exact proportion to which the State fails to meet the requirements of paragraph (1) by falling below 90 percent of both the fiscal effort per student and 102 STAT. 215aggregate expenditures (using the measure most favorable to the State), and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. “(3) The Secretary may waive, for 1 fiscal year only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. “(b) Federal Funds Supplementary.—A State or local educational agency may use and allocate funds received under this chapter only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of Federal funds made available under this chapter, be made available from non-Federal sources, and in no case may such funds be used so as to supplant funds from non-Federal sources. “SEC. 1572. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS. “(a) Participation on Equitable Basis.—(1) To the extent consistent with the number of children in the school district of a local educational agency which is eligible to receive funds under this chapter or which serves the area in which a program or project assisted under this chapter is located who are enrolled in private nonprofit elementary and secondary schools, or with respect to instructional or personnel training programs funded by the State educational agency from funds reserved for State use, such agency, after consultation with appropriate private school officials, shall provide for the benefit of such children in such schools secular, neutral, and nonideological services, materials, and equipment, including the participation of the teachers of such children (and other educational personnel serving such children) in training programs, and the repair, minor remodeling, or construction of public facilities as may be necessary for their provision (consistent with subsection (c) of this section), or, if such services, materials, and equipment are not feasible or necessary in one or more such private schools as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this chapter, “(2) If no program or project is carried out under subsection (a)(1) of this section in the school district of a local educational agency, the State educational agency shall make arrangements, such as through contracts with nonprofit agencies or organizations, under which children in private schools in that district are provided with services and materials to the extent that would have occurred if the local educational agency had received funds under this chapter. “(3) The requirements of this section relating to the participation of children, teachers, and other personnel serving such children shall apply to programs and projects carried out under this chapter by a State or local educational agency, whether directly or through grants to or contracts with other public or private agencies, institutions, or organizations. “(b) Equal Expenditures.—Expenditures for programs pursuant to subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this chapter for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual 102 STAT. 216children and other factors which relate to such expenditures, and when funds available to a local educational agency under this chapter are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance area, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects. “(c) Funds.—(1) The control of funds provided under this chapter, and title to materials, equipment, and property repaired, remodeled, or constructed therewith, shall be in a public agency for the uses and purposes provided in this chapter, and a public agency shall administer such funds and property. “(2) The provision of services pursuant to this section shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which, in the provision of such services, is independent of such private school and of any religious organizations, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this chapter shall not be commingled with State or local funds. “(d) State Prohibition Waiver,—If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation in programs of children enrolled in private elementary and secondary schools, as required by this section, the Secretary shall waive such requirements and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. “(e) Waiver and Provision of Services.—(1) If the Secretary determines that a State or a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, the Secretary may waive such requirements and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section. “(2) Pending final resolution of any investigation or complaint that could result in a determination under this subsection or subsection (d), the Secretary may withhold from the allocation of the affected State or local educational agency the amount estimated by the Secretary to be necessary to pay the cost of those services. “(f) Determination.—Any determination by the Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the State or local educational agency to meet the requirements of subsections (a) and (b). “(g) Payment From State Allotment.—When the Secretary arranges for services pursuant to this section, the Secretary shall, after consultation with the appropriate public and private school officials, pay the cost of such services, including the administrative costs of arranging for those services, from the appropriate allotment of the State under this chapter. “(h) Review.—(1) The Secretary shall not take any final action under this section until the State educational agency and the local educational agency affected by such action have had an opportunity, for at least 45 days after receiving written notice thereof, to submit 102 STAT. 217written objections and to appear before the Secretary or the Secretary’s designee to show cause why that action should not be taken. “(2) If a State or local educational agency is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1) of this subsection, it may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based this action, as provided in section 2112 of title 28, United States Code. “(3) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may thereupon make new or modified findings of fact and may modify 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 substantial evidence. “(4) Upon the filing of such petition, the court shall have 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. “(i) Prior Determination.—Any bypass determination by the Secretary under chapter 2 of the Education Consolidation and Improvement Act of 1981 shall to the extent consistent with the purposes of this chapter apply to programs under this chapter. “SEC. 1573. EVALUATIONS AND REPORTING. “(a) Local Educational Agencies.—A local educational agency which receives financial assistance under this chapter shall report annually to the State educational agency on the use of funds under section 1531. Such reporting shall be carried out in a manner which minimizes the amount of paperwork required while providing the State educational agency with the necessary information under the preceding sentence. Such report shall be made available to the public. “(b) State Educational Agencies.—A State educational agency which receives financial assistance under this chapter shall evaluate the effectiveness of State and local programs under this chapter in accordance with section 1522(a)(6)(B). That evaluation shall be submitted for review and comment by the State advisory committee and shall be made available to the public. The State educational agency shall submit to the Secretary a copy of the evaluation and a summary of the reports under subsection (a). “(c) Reports.—(1) The Secretary, in consultation with State and local educational agency representatives, shall develop a model system which State educational agencies may use for data collection and reporting under this chapter. “(2)(A) The Secretary shall submit annually a report to the Congress for the use of funds, the types of services furnished, and the students served under this chapter. “(B) The Secretary shall not later than October 1, 1992, submit a report to the Congress summarizing evaluations under subsection (b) in order to provide a national overview of the uses of funds and effectiveness of programs under this chapter. 102 STAT. 218 “SEC. 1574. FEDERAL ADMINISTRATION. “(a) Technical Assistance.—The Secretary, upon request, shall provide technical assistance to State and local educational agencies under this chapter, particularly with respect to implementation of the programs and activities under sub part 4. “(b) Rulemaking.—The Secretary shall issue regulations under this chapter only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this chapter. “(c) Availability of Appropriations.—Notwithstanding any other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out activities under this chapter shall become available for obligation on July 1 of such fiscal year and shall remain available for obligation until the end of the subsequent fiscal year. “(d) Special Rule—The provisions of sections 1433 and 1434 shall apply to the programs authorized by this chapter. “SEC. 1575. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT. “(a) General Rule.—Except as otherwise specifically provided by this section, the General Education Provisions Act shall apply to the programs authorized by this chapter. “(b) Applicability.—The following provisions of the General Education Provisions Act shall be superseded by the specified provisions of this chapter with respect to the programs authorized by this chapter: “(1) Section 408(a)(1) of the General Education Provisions Act is superseded by section 1574(b) of this chapter. “(2) Section 426(a) of such Act is superseded by section 1574(a) of this chapter. “(3) Section 427 of such Act is superseded by section 1534(a)(5) of this chapter. “(4) Section 430 of such Act is superseded by sections 1522 and 1533 of this chapter. “(c) Special Rule.—Sections 434, 435, and 436 of the General Education Provisions Act, except to the extent that such sections relate to fiscal control and fund accounting procedures, may not apply to the programs authorized by this chapter and shall not be construed to authorize the Secretary to require any reports or take any actions not specifically authorized by this chapter. “SEC. 1576. TRANSITION PROVISIONS. “(a) Regulations.—All orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under chapters 2 and 3 of the Education Consolidation and Improvement Act of 1981 (as in effect on the date before the effective date of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988), or which are issued under such Act on or before the effective date of this Act shall continue in effect until modified or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law other than this Act. “(b) Effect on Pending Proceedings.—The provisions of this chapter shall not affect administrative or judicial proceedings pending on the effective date of this Act under chapters 2 and 3 of the Education Consolidation and Improvement Act of 1981. 102 STAT. 219 “(c) Transition.—With respect to the period beginning July 1, 1988, and ending June 30, 1989, no recipient of funds under this Act or chapter 2 of the Education Consolidation and Improvement Act of 1981 shall be held to have expended such funds in violation of the requirements of this Act or of such Act if such funds are expended in accordance with this Act or such Act. “TITLE II—CRITICAL SKILLS IMPROVEMENT “PART A—DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT “SEC. 2001. SHORT TITLE. “This part may be cited as the ‘Dwight D. Eisenhower Mathematics and Science Education Act’. “SEC. 2002. STATEMENT OF PURPOSE. “The purpose of this part is to strengthen the economic competitiveness and national security of the United States by improving the skills of teachers and the quality of instruction in mathematics and science in the Nation’s public and private elementary and secondary schools through assistance to State educational agencies, local educational agencies, and institutions of higher education, “SEC. 2003. PROGRAM AUTHORIZED. “(a) Grants.—The Secretary is authorized to make grants to States and discretionary grants in accordance with the provisions of this part for strengthening the skills of teachers and improving instruction in mathematics and science. “(b) Authorization of Appropriations.—There are authorized to be appropriated for the purposes of this part, $250,000,000 for fiscal year 1989 and such sums as may be necessary for each of the 4 succeeding fiscal years. “SEC. 2004. ALLOCATION OF FUNDS. “(a) In General.—(1) From the amount appropriated under section 2003(b) for any fiscal year, the Secretary shall reserve— “(A) not more than 14 of 1 percent for allocation among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this part; “(B) ½ of 1 percent for programs for Indian students served by schools funded by the Secretary of the Interior consistent with the purposes of this part; and “(C) 4 percent for section 2012. “(2) The remainder of the amount so appropriated (after meeting the requirements of paragraph (1)) shall be allocated among the States (treating the District of Columbia and Puerto Rico as States) as follows— “(A) 14 of such remainder shall be allocated among the States by allocating to each State an amount which bears the same ratio to such 14 of such remainder as the number of children aged 5 to 17, inclusive, in the State bears to the number of such children in all States; and 102 STAT. 220 “(B) ½ of such remainder shall be allocated among the States according to each State’s share of allocations under chapter 1 of the Education Consolidation and Improvement Act of 1981 or part A of chapter 1 of title I of this Act, whichever program was effective for the previous fiscal year, except that no State shall receive less than 14 of 1 percent of the amount available under this subsection in any fiscal year or less than the amount allotted to such State for fiscal year 1988 under title II of the Education for Economic Security Act. “(3) For the purposes of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. “(4) The number of children aged 5 to 17, inclusive, in the State and in ail States shall be determined by the Secretary on the basis of the most recent satisfactory data available to the Secretary. “(5) The Secretary shall make payments under paragraph (1)(B) on whatever terms the Secretary determines will best carry out the purposes of this part. “(b) Reallotment of Unused Funds.—The amount of any State’s allotment under subsection (a) for any fiscal year to carry out this part which the Secretary determines will not be required for that fiscal year to carry out this part shall be available for reallotment from time to time, on such dates during that year as the Secretary may determine, to other States in proportion to the original allotments to those States under subsection (a) for that year but with such proportionate amount for any of those other States being reduced to the extent it exceeds the sum the Secretary estimates that State needs and will be able to use for that year; and the total of those reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year shall be deemed a part of its allotment under subsection (a) for that year. “SEC. 2005. IN-STATE APPORTIONMENT. “(a) Elementary and Secondary Education Programs.—(1) For each fiscal year, an amount equal to 75 percent of each State’s allotment under section 2004 shall be used for elementary and secondary education programs in accordance with section 2006, for demonstration and exemplary programs under section 2006(c) and for technical assistance under section 2006(d). “(2) Not less than 90 percent of such amount shall be distributed as follows: “(A) The State educational agency shall distribute 50 percent of the funds available under this subsection to local educational agencies according to the relative enrollments in public and private nonprofit schools within the school districts of such agencies. Such relative enrollments may be calculated, at the option of the State educational agency, on the basis of the total number of children enrolled in public schools, and— “(i) private nonprofit schools, or “(ii) private nonprofit schools desiring that their children and teachers participate in programs or projects assisted under this part. Nothing in the preceding sentence shall diminish the responsibility of local educational agencies to contact, on an annual basis, appropriate officials from private nonprofit schools within their school districts in order to determine whether such schools 102 STAT. 221desire that their children and teachers participate in programs or projects assisted under this part. “(B) The State educational agency shall distribute 50 percent of the funds available under this subsection based on the relative number of children aged 5 to 17 who— “(i) are from families below the poverty level as determined under section 1005(c)(2)(A) of this Act; and “(ii) are from families above the poverty level as determined under section 1005(c)(2)(B) of this Act; in the schools of the local educational agencies within the State. “(b) Higher Education Programs.—For each fiscal year, 25 per-cent of each State’s allotment under section 2004 shall be used for higher education programs in accordance with section 2007. “SEC. 2006. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. “(a) In General.—The amount apportioned under section 2005(a)(2) from each State’s allotment under this part shall be used by the State educational agency to strengthen elementary and secondary education programs in accordance with the provisions of this section. “(b) Local Educational Agencies.—(1) Each local educational agency shall use funds distributed under this part for— “(A) the expansion and improvement of preservice training, inservice training, and retraining of teachers and other appropriate school personnel in the fields of mathematics and science, including vocational education teachers who use mathematics and science in the courses of study they teach; “(B) recruitment or retraining of minority teachers to become mathematics and science teachers; “(C) training in and instructional use of computers, video, and other telecommunications technologies as part of a mathematics and science program (which may include the purchase of computers or other telecommunications equipment in schools with an enrollment of 50 percent or more of students from low-income families after all other training needs have been met); “(D) integrating higher order analytical and problem-solving skills into the mathematics and science curriculum; or “(E) providing funds for grants projects for individual teachers within the local educational agency to undertake projects to improve their teaching ability or to improve the instructional materials used in their classrooms in mathematics and science. “(2) Such training and instruction may be carried out through agreements with public agencies, private industry, institutions of higher education, and nonprofit organizations, including museums, libraries, educational television stations, professional science, mathematics and engineering associations, and other appropriate institutions. Agreements for funds available under section 2004(a)(1)(B) may be made with institutions of higher education receiving funds under the Tribally Controlled Community College Assistance Act of 1978. A local educational agency may carry out the activities authorized by this paragraph with one or more other local educational agencies within the State, or with the State educational agency, or both. Each local educational agency shall assure that programs of training, inservice training and retraining will take into account the need for greater access to and participation in mathematics and science programs and careers of students from historically underrepresented groups, including females, minorities, 102 STAT. 222individuals with limited-English proficiency, the handicapped, migrants, and, especially, gifted and talented children from within such groups. “(3) A local educational agency for any fiscal year may apply for funds as part of a consortium with other local educational agencies, institutions of higher education, or an intermediate educational unit for the conduct of local programs. The State educational agency may assist in the formation of consortia between local educational agencies, institutions of higher education, or intermediate educational units to provide services for the teachers and students in such local educational agency at the request of such local educational agency. “(4) Not more than 5 percent of funds available to the local educational agency for the purpose of this section for any fiscal year may be used for local administration. “(c) Demonstration and Exemplary Programs.—Not less than 5 percent of the amount available under this section shall be used by the State educational agency for— “(1) demonstration and exemplary programs for teacher training and retraining and inservice upgrading of teacher skills in the fields of mathematics and science; “(2) demonstration and exemplary programs for instructional equipment and materials in such fields and necessary technical assistance; “(3) demonstration and exemplary programs for special projects for historically underrepresented and underserved populations and for gifted and talented students; or “(4) the dissemination of information to all local educational agencies within the State relating to the exemplary programs in the fields of mathematics and science. In providing financial assistance for such demonstration and exemplary programs, the State educational agency shall give special consideration to special projects in mathematics and science to historically underrepresented and underserved populations of students, including females, minorities, handicapped individuals, individuals with limited-English proficiency, and migrant students, and to programs for gifted and talented students. The programs for gifted and talented students may include assistance to magnet schools for such students. “(d) Technical Assistance and Administrative Costs.—Not more than 5 percent of the amount available under this section may be used by the State educational agency— “(1) to provide technical assistance to local educational agencies, institutions of higher education, and nonprofit organizations, including museums, libraries, and educational television stations, in the conduct of programs specified in subsection (b); and “(2) for the costs of administration and assessment of programs assisted under this part. “SEC. 2007. HIGHER EDUCATION PROGRAMS. “(a) In General—(1) Except as provided in paragraph (2), the amount apportioned under section 2005(b) from each State’s allotment under this part shall be used by the State agency for higher education for education programs in accordance with the provisions of this section. “(2) Funds available under section 2004(a)(1)(B) and reserved under section 2005(b) shall be used, in accordance with the provi-102 STAT. 223sions of this section, to support programs conducted within institutions of higher education funded through the Bureau of Indian Affairs. “(b) Grants to Institutions of Higher Education.—(1)(A) Not less than 95 percent of the amount available for this section shall be used by the State agency for higher education for grants to institutions of higher education in accordance with the provisions of this subsection. “(B) The State agency for higher education shall make funds available on a competitive basis to institutions of higher education in the State which apply for payments under this section and which demonstrate involvement of local educational agencies. The State agency for higher education shall make every effort to ensure equitable participation of private and public institutions of higher education. “(2) The amount available under this subsection shall be used for— “(A) establishing traineeship programs for new teachers who will specialize in teaching mathematics and science at the secondary school level; “(B) retraining of secondary school teachers who specialize in disciplines other than the teaching of mathematics or science to specialize in the teaching of mathematics or science, including the provision of stipends for participation in institutes authorized under title I of the Education for Economic Security Act or any other program of the National Science Foundation; and “(C) inservice training for elementary, secondary, and vocational school teachers and training for other appropriate school personnel to improve their teaching skills in the fields of mathematics and science, including stipends for participation in institutes authorized under title I of the Education for Economic Security Act, or any other program of the National Science Foundation. Each institution of higher education receiving a grant under this subsection shall assure that programs of training, retraining, and inservice training will take into account the need for greater access to and participation in mathematics and science and careers by students from historically underrepresented and underserved groups, including females, minorities, individuals with limited-English proficiency, the handicapped, migrants, and the gifted and talented, and will ensure cooperative agreements or cooperative arrangements with local educational agencies. “(3) No institution of higher education may receive assistance under paragraphs (2)(B) and (2)(C) of this subsection unless the institution enters into an agreement with a local educational agency, or consortium of such agencies, to provide inservice training and retraining for the elementary and secondary school teachers in the public and private schools of the school district of each such agency. “(c) Cooperative Programs.—The State agency for higher education may use funds described in subsection (b)(1)(A) for cooperative programs among institutions of higher education, local educational agencies, State educational agencies, private industry, and nonprofit organizations, including museums, libraries, educational television stations, and professional matehmatics, science, and engineering societies and associations for the development and dissemination of 102 STAT. 224projects designed to improve student understanding and performance in science and mathematics. “(d) Assessment and Administrative Costs.—Not to exceed 5 percent of the amount available under this section may be used by the State agency for higher education for— “(1) the State assessment required by section 2008(c); and “(2) the costs incurred by such agency for administration and evaluation of programs assisted under this part. “SEC. 2008. STATE APPLICATION. “(a) Application.—Each State which desires to receive a grant under this part shall file an application with the Secretary which covers a period of 3 fiscal years. Such application shall be filed at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. “(b) Contents of Application.—Each such application shall— “(1) designate the State educational agency for the purpose of programs described in section 2006, and the State agency for higher education for the purpose of programs described in section 2007 as the agency or agencies responsible for the administration and supervision of the programs described in section 2006 or 2007, as the case may be; “(2) provide assurances that— “(A) payments will be distributed by the State in accordance with the provisions of this title; “(B) for programs described in section 2006, the provisions of section 2010 will be carried out; “(C) the State will provide such fiscal control and funds accounting as the Secretary may require; “(D) funds provided under this part will supplement, not supplant, State and local funds made available for activities authorized under this part; “(E) during the 3-year period of the plan, the State will evaluate its standards for teacher preparation, licensing, certification, and endorsement for elementary and secondary mathematics and science; “(F) the State will take into account the needs for greater access to and participation in mathematics and science by students and teachers from historically underrepresented groups including females, minorities, individuals with limited-English proficiency, the economically disadvantaged, and the handicapped; “(G) that the needs of teachers and students in areas with high concentrations of low-income students and sparsely populated areas will be considered in the distribution of funds reserved for State use; and “(H) that the programs conducted with State funds will be assessed annually (including statistics on the number of students and teachers involved in these programs) and that the data from such assessments, as well as a summary of the local assessments required under section 2009(b)(6), will be submitted to the Secretary; “(3) if appropriate, provide a description of how funds paid under this part will be coordinated with State and local funds and other Federal resources, particularly with respect to any program available from the National Science Foundation or the Department of Energy, or both; and 102 STAT. 225 “(4) describe procedures— “(A) for submitting applications for programs described in sections 2006 and 2007 for distribution of payments under this part within the State, and “(B) for approval of applications by the appropriate State agency, including appropriate procedures to assure that such agency will not disapprove an application without notice and opportunity for a hearing. “(c) Informational Requirements.—Each State application shall also contain the following: “(1) A projection of the supply and demand for teachers within the State in all the mathematics and science subject areas at the elementary and secondary levels, including a consideration of the impact of changing State graduation requirements and other State reforms upon such supply. “(2) An assessment of the current elementary and secondary curriculum needs within the State in mathematics and science. “(d) Description of Assisted Activities.—Each application shall also contain the following descriptions: “(1) How the programs under this Act will meet the teacher training and curriculum needs projected under subsections (c)(1) and (c)(2). “(2) The specific activities that will be undertaken that involve institutions of higher education. “(3) The specific activities that will be supported with funds reserved for State use and how those activities relate to the State’s needs in mathematics and science. “(4) The specific activities the State will support to improve access of historically underrepresented groups in mathematics and science education. “(e) Approval.—The Secretary shall expeditiously approve any State application that meets the requirements of this section. “SEC. 2009. LOCAL APPLICATION. “(a) Application.—A local educational agency that desires to receive a grant under this part shall submit an application which covers a 3-year period (singly or in conjunction with other local educational agencies, institutions of higher education, or an inter-mediate educational unit). “(b) Contents of Application.—A local educational agency application shall— “(1) provide a summary assessment of— “(A) the needs of its current teachers in mathematics and science and whether a shortage of such qualified teachers exists or will exist within 5 years after the date of the application; “(B) the current levels of mathematics and science student achievement in the local educational agency; and “(C) the curricular needs of the local educational agency in mathematics and science; “(2) describe how the local educational agency plans to use funds received under this part to meet the needs described in paragraph (1)(A); “(3) if applicable, describe how funds under this part will be coordinated with State and local and other Federal resources, especially with respect to any programs available from the 102 STAT. 226National Science Foundation, or the Department of Energy, or both; “(4) if applicable, describe how the programs will use other resources of the community and involve public agencies, private industry, institutions of higher education, public and private nonprofit organizations (including, museums, libraries, educational television stations, professional science, mathematics, and engineering associations), and other appropriate institutions; “(5) assure that programs will take into account the need for greater access to and participation in mathematics and science programs by students from historically underrepresented groups, including females, minorities, individuals with limited-English proficiency, the economically disadvantaged, and the handicapped; and “(6) assure that the programs will be assessed, that progress made will be reported in terms of numbers of teachers and students affected, and that the results will be submitted to the State educational agency in the time and manner required. “(c) Renewal of Payments.—The State educational agency shall renew payments to local educational agencies under this section based upon a determination by the State educational agency that the local educational agency is making adequate progress toward the goals of this part. The State educational agency will not disapprove an application without notice and opportunity for a hearing. “SEC. 2010. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS. “(a) Participation of Private School Students.—To the extent consistent with the number of children in the State or in the school district of each local educational agency who are enrolled in private nonprofit elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this part. “(b) Participation of Private School Teachers.—To the extent consistent with the number of children in the State or in the school district of a local educational agency who are enrolled in private nonprofit elementary and secondary schools, such State, or agency or institution of higher education shall, after consultation with appropriate private school representatives, make provision, for the benefit of such teachers in such schools, for such inservice and teacher training and retraining as will assure equitable participation of such teachers in the purposes and benefits of this part. “(c) Waiver—If by reason of any provision of law a State or local educational agency or institution of higher education is prohibited from providing for the participation of children or teachers from private nonprofit schools as required by subsections (a) and (b), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers, subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, 102 STAT. 227and judicial review requirements in accordance with section 1017 of this Act. “SEC. 2011. FEDERAL ADMINISTRATION. “(a) Technical Assistance and Evaluation Procedures.—The Secretary shall provide technical assistance and, in consultation with State and local representatives, shall develop procedures for State and local evaluations of the programs under this part. “(b) Summary.—The Secretary shall submit to the Congress every 2 years a summary of the State evaluations of programs under this part. “(c) Model Reporting Standards.—In conjunction with State and local educational agencies and organizations of mathematics and science educators, the Secretary shall develop model reporting standards to encourage comparability of data required under sections 2008 and 2009. “SEC. 2012. NATIONAL PROGRAMS. “(a) Amount Available.—From 4 percent of amounts appropriated under section 2003(b), the Secretary shall make grants or enter into cooperative agreements in accordance with this section. “(b) Eligible Grantees.—The Secretary shall make grants to and enter into cooperative agreements with State and local educational agencies, institutions of higher education, and public and private nonprofit organizations (including museums, libraries, educational television producers, distributors, and stations, and professional science, mathematics, and engineering societies and associations) for programs of national significance in mathematics and science instruction. The Secretary shall give special consideration in providing such assistance to local educational agencies (or consortia thereof), institutions of higher education, and public and private nonprofit organizations, providing special services to historically underserved and underrepresented populations (and especially g’fted and talented children from within such populations) in the aids of mathematics and science. “(c) Programs for Training and Retraining Teachers—In awarding grants and cooperative agreements, the Secretary shall also give special consideration to programs of such institutions and organizations (such as museums) which train and retrain teachers in methods of scientific inquiry and provide materials which aid the education of students. In awarding grants and cooperative agreements, the Secretary shall give preference to developed and currently operating programs which are disseminated throughout the region in which such an institution or organization is located. “(d) Dissemination of Information.—The Secretary shall disseminate information concerning grants and cooperative agreements under this section to State and local educational agencies and institutions of higher education. Such dissemination of information shall include examples of exemplary national programs in mathematics and science instruction and necessary technical assistance for the establishment of similar programs. “SEC. 2013. DEFINITIONS. “As used in this part: “(1) The term ‘institution of higher education’ has the meaning given that term in section 1201(a) of the Higher Education Act of 1965. 102 STAT. 228 “(2) The term ‘State agency for higher education’ means the State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer or agency designated for the purpose of this title by the Governor or by State law. “PART B—FOREIGN LANGUAGES ASSISTANCE “SEC. 2101. SHORT TITLE. “This part may be cited as the ‘Foreign Language Assistance Act of 1988’. “SEC. 2102. FINDINGS. “The Congress finds that the economic and security interests of this Nation require significant improvement in the quantity and quality of foreign language instruction offered in the Nation’s elementary and secondary schools, and Federal funds should be made available to assist the purpose of this part. “SEC. 2103. PROGRAM AUTHORIZED. “(a) General Authority.—The Secretary shall make grants to State educational agencies whose applications are approved under subsection (b) to pay the Federal share of the cost of model programs, designed and operated by local educational agencies, providing for the commencement or improvement and expansion of foreign language study for students. “(b) Application.—Any State educational agency desiring to receive a grant under this part shall submit an application therefor to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. No application may be approved by the Secretary unless the application— “(1) contains a description of model programs which— “(A) are designed by local educational agencies. “(B) represent a variety of alternative and innovative approaches to foreign language instruction, and “(C) are selected on a competitive basis by the State educational agency; “(2) provides assurances that all children aged 5 through 17 who reside within the school district of the local educational agency shall be eligible to participate in any model program funded under this section (without regard to whether such children attend schools operated by such agency); “(3) provides assurances that the State will pay the non-Federal share of the activities for which assistance is sought from non-Federal sources; and “(4) provides that the local educational agency will provide standard evaluations of the proficiency of participants at appropriate intervals in the program which are reliable and valid, and provide such evaluations to the State educational agency. “(c) Federal Share.—(1) The Federal share for each fiscal year shall be 50 percent. “(2) The Secretary may waive the requirement of paragraph (1) for any local educational agency which the Secretary determines does not have adequate resources to pay the non-Federal share of the cost of the project. 102 STAT. 229 “(d) Participation of Private Schools.—(1) To the extent consistent with the number of children in the State or in the school district of each local educational agency who are enrolled in private elementary and secondary schools, such State or agency shall, after consultation with appropriate private school representatives, make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and which meet the requirements of this section. Expenditures for educational services and arrangements pursuant to this subsection for children in private schools shall be equal (taking into account the number of children to be served and the needs of such children) to expenditures for children enrolled in the public schools of the State or local educational agency. “(2) If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation of children from private schools as required by paragraph (1), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children which shall be subject to the requirements of this subsection. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with paragraphs (3) and (4) of section 1017(b) of this Act. “SEC. 2104. ALLOTMENTS. “(a) General Rule.—(1) From the sums appropriated to carry out this part in any fiscal year, the Secretary shall reserve 1 percent for payments to Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. “(2) From the remainder of such sums the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school age population of the State bears to the school age population of all States, except that no State shall receive less than an amount equal to one-half of 1 percent of such remainder. “(b) Availability of Funds.—The allotment of a State under subsection (a) shall be made available to the State for 2 additional years after the first fiscal year during which the State receives its allotment under this section if the Secretary determines that the funds made available to the State during the first such year were used in the manner required under the State’s approved application. “SEC. 2105. DEFINITIONS. “(a) General Rule.—For the purpose of this part: “(1) The term ‘foreign language instruction’ means instruction in critical foreign languages as defined by the Secretary. “(2) The term ‘institution of higher education’ has the meaning given that term in section 1201(a) of the Higher Education Act of 1965. “(3) The term ‘State agency for higher education’ means the State board of higher education or other agency or officer primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer or 102 STAT. 230agency designated for the purpose of this title by the Governor or by State law. “(b) Special Rule.—For the purpose of section 2104— “(1) the term ‘school age population’ means the population aged 5 through 17; and “(2) the term ‘States’ includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. “SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $20,000,000 for the fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993 to carry out this part. “PART C—PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN MATHEMATICS AND SCIENCE AND IN FOREIGN LANGUAGES “SEC. 2201. PRESIDENTIAL AWARDS. “(a) General Authority.—(1) The President is authorized to make Presidential awards for teaching excellence in mathematics and science to elementary and secondary school teachers of mathematics or science who have demonstrated outstanding teaching qualifications in the field of teaching mathematics or science. “(2) The President is authorized to make Presidential awards for teaching excellence in foreign languages to elementary and secondary school teachers of foreign languages who have demonstrated outstanding teaching qualifications in the field of teaching foreign languages. “(b) Limitation.—Each year the President is authorized to make 104 awards under subsection (a)(1), and 104 awards under subsection (a)(2). In selecting elementary and secondary school teachers for the award authorized by this section, the President shall select at least one elementary school teacher and one secondary school teacher from each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. “SEC. 2202. ADMINISTRATIVE PROVISIONS. “The President shall carry out the provisions of this part, including the establishment of the selection procedures, after consultation with the Secretary of Education, and other appropriate officials of Federal agencies, and representatives of professional foreign language teacher associations. “SEC. 2203. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.—(1) Funds to carry out this part for any fiscal year shall be made available from amounts appropriated pursuant to annual authorizations of appropriations for the National Science Foundation for Science and Engineering Education. “(2) (A) There are authorized to be appropriated $2,000,000 for each fiscal year to carry out the provisions of this part. “(B) Not more than $1,000,000 are authorized to be available to carry out the provisions of paragraph (2) of section 2201(a). “(b) Availability.—Amounts appropriated pursuant to subsection (a) and amounts made available under subsection (a) shall be available for making awards under this part, for administrative expenses, for necessary travel by teachers selected under this part, 102 STAT. 231and for special activities related to carrying out the provisions of this part. “TITLE III—MAGNET SCHOOLS ASSISTANCE “SEC. 3001. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. “(a) Authorization.—There are authorized to be appropriated $165,000,000 for the fiscal year 1989 and such sums as may be necessary for the fiscal years 1990 through 1993 to carry out the provisions of this title. “(b) Availability of Funds for Grants to Agencies Not Previously Assisted.—(1) In any fiscal year in which the amount appropriated pursuant to section 3001 exceeds $75,000,000, the Secretary shall, with respect to such excess amount, give priority to grants to local educational agencies which— “(A) meet the requirements of section 3002; and “(B) have not received a grant under title VII of the Education for Economic Security Act, or under this title, in the last fiscal year of the funding cycle prior to the fiscal year for which the determination is made. “(2) In awarding grants with the first $75,000,000, the Secretary shall not take into account, in whole or in title, whether a local educational agency has received an award in the prior funding cycle. “SEC. 3002. ELIGIBILITY. “A local educational agency is eligible to receive assistance under this title if the local educational agency— “(1) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and which requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency; or “(2) without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement, a plan which has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or faculty in such schools. “SEC. 3003. STATEMENT OF PURPOSE. “It is the purpose of this title to support, through financial assistance to eligible local educational agencies— “(1) the elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial portions of minority students; and “(2) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the grasp of tangible and marketable vocational skills of students attending such schools. “SEC. 3004. PROGRAM AUTHORIZED. “The Secretary is authorized, in accordance with the provisions of this part, to make grants to eligible local educational agencies for use in magnet schools which are part of an approved desegregation 102 STAT. 232plan and which are designed to bring students from different social, economic, ethnic, and racial backgrounds together. “SEC. 3005. DEFINITION. “For the purpose of this title, the term ‘magnet school’ means a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. “SEC. 3006. USES OF FUNDS. “Grants made under this title may be used by eligible local educational agencies for— “(1) planning and promotional activities directly related to expansion, continuation, or enhancement of academic programs and services offered at magnet schools; “(2) the acquisition of books, materials, and equipment, including computers and the maintenance and operation thereof, necessary for the conduct of programs in magnet schools; and “(3) the payment of or subsidization of the compensation of elementary and secondary school teachers who are certified or licensed by the State and who are necessary for the conduct of programs in magnet schools; where, with respect to clauses (2) and (3), such assistance is directly related to improving the knowledge of mathematics, science, history, English, foreign languages, art, or music, or to improving vocational skills. “SEC. 3007. APPLICATIONS AND REQUIREMENTS. “(a) Application.—Each eligible local educational agency which desires to receive assistance under this title shall submit an application to the Secretary. Each such application shall be in such form as the Secretary may reasonably require. Each such application shall contain assurances that the local educational agency will meet the conditions enumerated in subsection (b). “(b) Requirements Certified.—As part of the annual application required by subsection (a), each eligible local educational agency shall certify that the agency agrees— “(1) to use funds made available under this title for the purposes specified in section 3003; “(2) to employ teachers in the courses of instruction assisted under this title who are certified or licensed by the State to teach the subject matter of the courses of instruction; “(3) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in the hiring, promotion, or assignment of employees of the agency or other personnel for whom the agency has any administrative responsibility; “(4) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in the mandatory assignment of students to schools or to courses of instruction within schools of such agency except to carry out the approved plan; “(5) to provide assurances that the local educational agency will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in designing or operating extracurricular activities for students; 102 STAT. 233 “(6) to describe how assistance made available under this title will be used to promote desegregation; “(7) to provide assurances that the agency will carry out a high quality education program that will encourage greater parental decisionmaking and involvement; “(8) to provide a description of the manner in which the local educational agency will continue the magnet schools program after assistance under this title is no longer available; and “(9) to provide such other assurances as the Secretary deter-mines necessary to carry out the provisions of this title. “(c) Special Rule.—No application may be approved under this section unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in clauses (3), (4), and (5) of subsection (b) will be met. “SEC. 3008. SPECIAL CONSIDERATION. “(a) Priority.—In approving applications under this title the Secretary shall give priority to— “(1) the recentness of the implementation of the approved plan or modification thereof; “(2) the proportion of minority group children involved in any approved plan; “(3) the need for assistance based on the expense or difficulty of effectively carrying out an approved plan and the program or projects for which assistance is sought; and “(4) the degree to which the program or project for which assistance is sought affords promise of achieving the purposes of this title. “(b) Special Consideration.—In approving applications under this title, the Secretary shall give special consideration to the degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, the appropriate State educational agency, or any other private organization. “SEC. 3009. PROHIBITIONS. “Grants under this title may not be used for consultants, for transportation, or for any activity which does not augment academic improvement. “SEC. 3010. LIMITATION ON PAYMENTS. “(a) Limitation on Duration and Progress.—No local educational agency may receive a grant under this title for more than one fiscal year unless the Secretary determines that the program for which assistance was provided in the first fiscal year is making satisfactory progress in achieving the purposes of this title. “(b) Limitation on Planning Funds.—No local educational agency may expend more than 10 percent of the amount that the agency receives in any fiscal year for planning. “(c) Special Rule on Chapter 2 Funds.—No State shall reduce the amount of State aid with respect to the provision of free public education or the amount of assistance received under chapter 2 of title I of this Act in any school district of any local educational agency within such State because of assistance made or to be made available to such agency under this title. 102 STAT. 234 “SEC. 3011. PAYMENTS. “(a) General Rule.—(1) The Secretary shall pay to each local educational agency having an application approved under this title the amount set forth in the application. “(2) Notwithstanding section 412 of the General Education Provisions Act, not more than 15 percent of funds available for each fiscal year for the purposes of this title may remain available to local educational agencies for obligation and expenditure during the succeeding fiscal year pursuant to such section. The provisions of this subsection shall not apply if grants are not awarded in a timely manner. “(3) The Secretary may not reduce any payment under this title for any fiscal year by any amount on the basis of the availability of funds pursuant to sections 412 (b) and (c) of the General Education Provisions Act. “(4) Payments under this title for a fiscal year shall remain available for obligation and expenditure by the recipient until the end of the succeeding fiscal year, except that no such agency shall receive more than $4,000,000 under this title in any one grant cycle. “(b) Award Requirement.—To the extent practicable, for any fiscal year, the Secretary shall award grants to local educational agencies under this title no later than June 30 of the applicable fiscal year. “SEC 3012. WITHHOLDING. “The provisions of sections 453 and 454 of the General Education Provisions Act, relating to withholding and cease and desist orders, shall apply to the program authorized by this title. “TITLE IV—SPECIAL PROGRAMS “PART A—WOMEN’S EDUCATIONAL EQUITY “SEC. 4001. SHORT TITLE; FINDINGS AND STATEMENT OF PURPOSE. “(a) Short Title.— This part may be cited as the ‘Women’s Educational Equity Act’. “(b) Findings and Statement of Purpose.—(1) The Congress finds and declares that educational programs in the United States, as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society. The Congress finds and declares that excellence in education cannot be achieved without equity for women and girls. “(2) It is the purpose of this part to provide educational equity for women in the United States and to provide financial assistance to enable educational agencies and institutions to meet the requirements of title IX of the Education Amendments of 1972. It is also the purpose of this part to provide educational equity for women and girls who suffer multiple discrimination, bias, or stereotyping based on sex and on race, ethnic origin, disability, or age. “SEC. 4002. PROGRAM AUTHORIZED. “(a) Authorization.—The Secretary is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including student and community groups, and individuals, for activities designed to 102 STAT. 235achieve the purpose of this part at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. The activities may include— (1) demonstration, developmental, and dissemination activities of national, statewide, or general significance, including— “(A) the development, where such materials are commercially unavailable, and evaluation of curricula, textbooks, and other educational materials related to educational equity; “(B) model preservice and inservice training programs for educational personnel with special emphasis on programs and activities designed to provide educational equity; “(C) research and development activities designed to advance educational equity; “(D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to ensure educational equity; “(E) educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women; and “(F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education, and educational administration; and “(2) assistance to eligible entities to pay a portion of the costs of the establishment and operation, for a period of not to exceed 2 years, of special programs and projects of local significance to provide equal opportunities for both sexes, including activities listed in paragraph (1), activities incident to achieving compliance with title IX of the Education Amendments of 1972 and other special activities designed to achieve the purposes of this part. Not less than 75 percent of funds used to support activities described by paragraph (2) shall be used for awards to local educational agencies. The Secretary shall ensure that at least 1 grant or contract is available during each fiscal year for the performance of each of the activities described in paragraph (1) of this subsection. “(b) Limitation.—For each fiscal year, the Secretary shall use $4,500,000 from the funds available under this part to support activities described in paragraph (1) of subsection (a). Any funds in excess of $4,500,000 available under this part may be used to support new activities described in paragraph (1) or to support activities described in paragraph (2), or both. “SEC. 4003. APPLICATION; PARTICIPATION. “(a) Application.—A grant may be made, and a contract may be entered into, under this part only upon application to the Secretary, at such time, in such form, and containing or accompanied by such information as the Secretary may prescribe. Each such application shall— “(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; “(2) describe a program for carrying out one or more of the purposes set forth in section 4001(b) which holds promise of 102 STAT. 236making a substantial contribution toward attaining such purposes; and “(3) set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application, including where appropriate an evaluation or estimate of the potential for continued significance following completion of the grant period. “(b) Special Rule.—In approving applications under this part, the Secretary shall give special consideration to— “(1) applications submitted by applicants that have not received assistance under this part or under part C of title IX of the Elementary and Secondary Education Act of 1965 (as in effect prior to October 1, 1988); and “(2) proposals from applicants on the basis of geographic distribution throughout the United States. “(c) Limitation.—Nothing in this part shall be construed as prohibiting men and boys from participating in any programs or activities assisted under this part. “SEC. 4004. CHALLENGE GRANTS. “(a) Purpose.—In addition to the authority of the Secretary under section 4002, the Secretary shall carry out a program of challenge grants (as part of the grant program administered under section 4002(a)(1)), not to exceed $40,000 each, in order to support projects to develop— “(1) comprehensive plans for implementation of equity programs at every educational level; “(2) innovative approaches to school-community partnerships; “(3) new dissemination and replication strategies; and “(4) other innovative approaches to achieving the purposes of this part. “(b) Grant Recipients.—For the purpose described in paragraphs (1) through (4) of subsection (a), the Secretary is authorized to make grants to public agencies and private nonprofit organizations and consortia of these groups and to individuals. “SEC. 4005. CRITERIA AND PRIORITIES. “The Secretary shall establish separate criteria and priorities for awards under sections 4002(a)(1) and 4002(a)(2) under this part to insure that available funds are used for programs that most effectively will achieve the purposes of this part. The criteria and priorities shall be promulgated in accordance with section 431 of the General Education Provisions Act. “SEC. 4006. REPORTS, EVALUATION. AND DISSEMINATION. “(a) Reports.—The Secretary shall, from funds authorized under this part, not later than September 30, 1992, submit to the President and the Congress a report setting forth the programs and activities assisted under this part, and provide for the distribution of this report. “(b) Evaluation and Dissemination.—The Secretary, through the Office of Educational Research and Improvement, shall evaluate and disseminate (at low cost) materials and programs developed under this part. 102 STAT. 237 “SEC. 4007. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $9,000,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993, to carry out the provisions of this part. “PART B—GIFTED AND TALENTED CHILDREN “SEC. 4101. SHORT TITLE. “This part may be referred to as the ‘Jacob K. Javits Gifted and Talented Students Education Act of 1988’. “SEC. 4102. FINDINGS AND PURPOSES. “(a) Findings.—The Congress finds and declares that— “(1) gifted and talented students are a national resource vital to the future of the Nation and its security and well-being; “(2) unless the special abilities of gifted and talented students are recognized and developed during their elementary and secondary school years, much of their special potential for contributing to the national interest is likely to be lost; “(3) gifted and talented students from economically disadvantaged families and areas, and students of limited English proficiency are at greatest risk of being unrecognized and of not being provided adequate or appropriate educational services; “(4) State and local educational agencies and private non-profit schools often lack the necessary specialized resources to plan and implement effective programs for the early identification of gifted and talented students for the provision of educational services and programs appropriate to their special needs; and “(5) the Federal Government can best carry out the limited but essential role of stimulating research and development and personnel training, and providing a national focal point of information and technical assistance, that is necessary to ensure that our Nation’s schools are able to meet the special educational needs of gifted and talented students, and thereby serve a profound national interest. “(b) Statement of Purpose.—It is the purpose of this part to provide financial assistance to State and local educational agencies, institutions of higher education, and other public and private agencies and organizations, to initiate a coordinated program of research, demonstration projects, personnel training, and similar activities designed to build a nationwide capability in elementary and secondary schools to identify and meet the special educational needs of gifted and talented students. It is also the purpose of this part to supplement and make more effective the expenditure of State and local funds, and of Federal funds made available under chapter 2 of title I of this Act and title II of this Act, for the education of gifted and talented students. “SEC. 4103. DEFINITIONS. “For the purposes of this part: “(1) The term ‘gifted and talented students’ means children and youth who give evidence of high performance capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who require services or 102 STAT. 238activities not ordinarily provided by the school in order to fully develop such capabilities. “(2) The term ‘institution of higher education’ has the same meaning given such term in section 435(b) of the Higher Education Act of 1965. “(3) The term ‘Hawaiian native’ means any individual any of whose ancestors were natives prior to 1778 of the area which now comprises the State of Hawaii. “(4) The term ‘Hawaiian native organization’ means any organization recognized by the Governor of the State of Hawaii primarily serving and representing Hawaiian natives. ‘SEC. 4104. AUTHORIZED PROGRAMS. “(a) Establishment of Program.—From the sums appropriated under section 4108 in any fiscal year the Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make grants to or enter into contracts with State educational agencies, local educational agencies, institutions of higher education, or other public agencies and private agencies and organizations (including Indian tribes and organizations as defined by the Indian Self-Determination and Education Assistance Act and Hawaiian native organizations) to assist such agencies, institutions, and organizations which submit applications in carrying out programs or projects authorized by this Act that are designed to meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students or in supervising such personnel. “(b) Uses of Funds.—Programs and projects assisted under this section may include— “(1) preservice and inservice training (including fellowships) for personnel (including leadership personnel) involved in the education of gifted and talented students; “(2) establishment and operation of model projects and exemplary programs for the identification and education of gifted and talented students, including summer programs and co-operative programs involving business, industry, and education; “(3) strengthening the capability of State educational agencies and institutions of higher education to provide leadership and assistance to local educational agencies and nonprofit private schools in the planning, operation, and improvement of programs for the identification and education of gifted and talented students; “(4) programs of technical assistance and information dissemination; and “(5) carrying out (through the National Center for Research and Development in the Education of Gifted and Talented Children and Youth established pursuant to subsection (c))— “(A) research on methods and techniques for identifying and teaching gifted and talented students, and “(B) program evaluations, surveys, and the collection, analysis, and development of information needed to accomplish the purposes of this part. “(c) Establishment of National Center.—The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Center for Research and Development in the Education of Gifted and Talented Children and Youth through grants to or contracts with one or more institu-102 STAT. 239tions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies, for the purpose of carrying out clause (5) of subsection (b). Such National Center shall have a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with other institutions of higher education, State or local educational agencies, or other public or private agencies and organizations. “(d) Limitation.—Not more than 30 percent of the funds available in any fiscal year to carry out the programs and projects authorized by this section may be used for the conduct of activities pursuant to subsections (b)(5) or (c). “SEC. 4105. PROGRAM PRIORITIES. “(a) General Priority.—In the administration of this part the Secretary shall give highest priority— “(1) to the identification of gifted and talented students who may not be identified through traditional assessment methods (including economically disadvantaged individuals, individuals of limited English proficiency, and individuals with handicaps) and to education programs designed to include gifted and talented students from such groups; and “(2) to programs and projects designed to develop or improve the capability of schools in an entire State or region of the Nation through cooperative efforts and participation of State and local educational agencies, institutions of higher education, and other public and private agencies and organizations (including business, industry, and labor), to plan, conduct, and improve programs for the identification and education of gifted and talented students. “(b) Service Priority.—In approving applications under section 4104(a) of this part, the Secretary shall assure that in each fiscal year at least one-half of the applications approved contain a component designed to serve gifted and talented students who are economically disadvantaged individuals. “SEC. 4106. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS. “In making grants and entering into contracts under this Act, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary and secondary schools, including the participation of teachers and other personnel in preservice and inservice training programs for serving such children. “SEC. 4107. ADMINISTRATION. “The Secretary shall establish or designate an administrative unit within the Department of Education— “(1) to administer the programs authorized by this part. “(2) to coordinate all programs for gifted and talented students administered by the Department, and “(3) to serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet those needs. The administrative unit established or designated pursuant to this section shall be headed by a person of recognized professional 102 STAT. 240qualifications and experience in the field of the education of gifted and talented students. “SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated $20,000,000 for the fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993, to carry out the provisions of this part. “PART C—ALLEN J. ELLENDER FELLOWSHIP PROGRAM “SEC. 4301. FINDINGS. “The Congress makes the following findings: “(1) Allen J. Ellender, a Senator from Louisiana and President pro tempore of the United States Senate, had a distinguished career in public service characterized by extraordinary energy and real concern for young people and the development of greater opportunities for active and responsible citizenship by young people. “(2) Senator Ellender provided valuable support and encouragement to the Close Up Foundation, a nonpartisan, nonprofit foundation promoting knowledge and understanding of the Federal Government among young people and their educators. “(3) It is a fitting and appropriate tribute to the beloved Senator Ellender to provide in his name an opportunity for participation, by students of limited economic means and by their teachers, in the program supported by the Close Up Foundation. “Subpart 1—Program for Secondary School Students and Teachers “SEC. 4311. ESTABLISHMENT. “(a) General Authority.—The Secretary is authorized to make grants in accordance with the provisions of this subpart to the Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its program of increasing understanding of the Federal Government among secondary school students, their teachers, and the communities they represent. “(b) Use of Funds.—Grants under this subpart shall be used only for financial assistance to economically disadvantaged students and their teachers who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this subpart by such students and teachers shall be known as Allen J. Ellender fellowships. “SEC. 4312. APPLICATIONS. “(a) Application Required.—No grant under this subpart may be made except upon an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. “(b) Contents of Application.—Each such application shall contain provisions to assure— 102 STAT. 241 “(1) that fellowship grants are made to economically disadvantaged secondary school students, and to secondary school teachers; “(2) that not more than 1 secondary school teacher in each such school participating in the program may receive a fellow-ship grant in any fiscal year; “(3) that every effort will be made to ensure the participation of students and teachers from rural and small town areas, as well as from urban areas, and that in awarding fellowships to economically disadvantaged students, special consideration will be given to the participation of students with special educational needs, including handicapped students, students from recent immigrant families, ethnic minority students, gifted and talented students, and students of migrant parents; and “(4) the proper disbursement of the funds of the United States received under this part. “Subpart 2—Programs for Older Americans and Recent Immigrants “SEC. 4321. ESTABLISHMENT. “(a) General Authority.—(1) The Secretary is authorized to make grants in accordance with the provisions of this subpart to the Close Up Foundation of Washington, District of Columbia, a non-partisan, nonprofit foundation, for the purpose of assisting the Close Up Foundation in carrying out its programs of increasing under-standing of the Federal Government among economically disadvantaged older Americans and recent immigrants. “(2) For the purpose of this subpart, the term ‘older American’ means an individual who has attained 55 years of age. “(b) Use of Funds.—Grants under this subpart shall be used only for financial assistance to economically disadvantaged older Americans and recent immigrants who participate in the program described in subsection (a) of this section. Financial assistance received pursuant to this subpart by such individuals shall be known as Allen J. Ellender fellowships. “SEC. 4322. APPLICATIONS. “(a) Application Required.—No grant under this subpart may be made except upon application at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. “(b) Contents of Application.—Each such application shall contain provisions to assure— “(1) that fellowship grants are made to economically dis-advantaged older Americans and recent immigrants; “(2) that every effort will be made to ensure the participation of older Americans and recent immigrants from rural and small town areas, as well as from urban areas, and that in awarding fellowships, special consideration will be given to the participation of older Americans and recent immigrants with special needs, including handicapped individuals and ethnic minorities; “(3) that activities permitted by section 4321 are fully described; and “(4) the proper disbursement of the funds of the United States received under this part. 102 STAT. 242 “Subpart 3—General Provisions “SEC 4331. ADMINISTRATIVE PROVISIONS. “(a) General Rule.—Payments under this part may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayment or overpayment. “(b) Audit Rule.—The Comptroller General of the United States or any of the Comptroller General’s duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent to any grant under this part. “SEC 4332. AUTHORIZATION OF APPROPRIATIONS. “(a) Authorization for Subpart 1.—There are authorized to be appropriated to carry out the provisions of subpart 1 of this part $3,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 through 1993. “(b) Authorization for Subpart 2.—(1) There are authorized to be appropriated to carry out the provisions of subpart 2 of this part $2,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 through 1993. “(2) No funds may be appropriated pursuant to paragraph (1) for the fiscal year 1989 unless amounts appropriated pursuant to subsection (a) for such fiscal year total not less than $2,500,000. In each of the fiscal years 1990 through 1993, no funds may be appropriated pursuant to paragraph (1) unless sufficient amounts are appropriated pursuant to subsection (a) for the fiscal year to carry out activities under subpart 1 of this part at the level established during the fiscal year 1989. “PART D—IMMIGRANT EDUCATION “SEC. 4401. SHORT TITLE. “This part may be cited as the ’Emergency Immigrant Education Act of 1984’. “SEC. 4402. DEFINITIONS. “As used in this part— “(1) The term ‘immigrant children’ means children who were not born in any State and who have been attending schools in any 1 or more States for less than 3 complete academic years. “(2) The term ‘elementary or secondary nonpublic schools’ means schools which comply with the applicable compulsory attendance laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1954. “SEC. 1103. AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS. “(a) Authorizations of Appropriations.—There are authorized to be appropriated to make payments to which State educational agencies are entitled under this part and payments for administration under section 4404 $30,000,000 for the fiscal year 1985, $40,000,000 for each of the fiscal years 1986, 1987, 1988, and 1989, and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. “(b) Allocation of Appropriations.—(1) If the sums appropriated for any fiscal year to make payments to States under this part are 102 STAT. 243not sufficient to pay in full the sum of the amounts which State educational agencies are entitled to receive under this part for such year, the allocations to State educational agencies shall be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated. “(2) In the event that funds become available for making payments under this part for any period after allocations have been made under paragraph (1) of this subsection for such period, the amounts reduced under such paragraph shall be increased on the same basis as they were reduced. “SEC. 4404. STATE ADMINISTRATIVE COSTS. The Secretary is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this part, except that the total of such payments for any period shall not exceed 1.5 per centum of the amounts which that State educational agency is entitled to receive for that period under this part. “SEC. 4405. WITHHOLDING. “Whenever the Secretary, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of any provision of this part, the Secretary shall notify that agency that further payments will not be made to the agency under this part, or in the discretion of the Secretary, that the State educational agency shall not make further payments under this part to specified local educational agencies whose actions cause or are involved in such failure until the Secretary is satisfied that there is no longer any such failure to comply. Until the Secretary is so satisfied, no further payments shall be made to the State educational agency under this part, or payments by the State educational agency under this part shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be. “SEC. 4406. >STATE ENTITLEMENTS. “(a) Payments.—The Secretary shall, in accordance with the provisions of this section, make payments to State educational agencies for each of the fiscal years 1985 through 1993 for the purpose set forth in section 4407. “(b) Entitlements.—(1) Except as provided in paragraph (3) and in subsections (c) and (d) of this section, the amount of the grant to which a State educational agency is entitled under this part shall be equal to the product of (A) the number of immigrant children enrolled during such fiscal year in elementary and secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, and in any elementary or secondary nonpublic school within the district served by each such local educational agency, multiplied by (B) $500. “(2) The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of immigrant children who are enrolled in elementary or secondary public schools under the jurisdiction of such agencies, and in elementary or secondary nonpublic schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this part, is equal to— “(A) at least 500; or 102 STAT. 244 “(B) at least 3 percent of the total number of students enrolled in such public or non public schools during such fiscal year; whichever number is less. “(3)(A) The amount of the grant of any State educational agency for any fiscal year as determined under paragraph (1) shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purpose as those for which funds are available under this part, but such reduction shall be made only to the extent that (i) such amounts are made available for such purpose specifically because of the refugee, parollee, asylee, or other immigrant status of the individuals served by such funds, and (ii) such amounts are made available to provide assistance to individuals eligible for services under this part. “(B) No reduction of a grant under this part shall be made under subparagraph (A) for any fiscal year if a reduction is made, pursuant to a comparable provision in any such other Federal law, in the amount made available for expenditure in the State for such fiscal year under such other Federal law, based on the amount assumed to be available under this part. “(c) Determinations of Number of Children.—(1) Determinations by the Secretary under this section for any period with respect to the number of immigrant children shall be made on the basis of data or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the Secretary, unless the Secretary determines, after notice and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous. “(2) No such determination with respect to the number of immigrant children shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this section to which such agency would be entitled had such determination been made on the basis of accurate data. “(d) Reallocation.—Whenever the Secretary determines that any amount of a payment made to a State under this part for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to 1 or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this part, be regarded as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year. “SEC. 4407. USES OF FUNDS. “(a) Supplementary Educational Services and Costs.—Payments made under this part to any State may be used in accordance with applications approved under section 4408 for supplementary educational services and costs, as described under subsection (b) of this section, for immigrant children enrolled in the elementary and secondary public schools under the jurisdiction of the local educational agencies of the State described in section 4406(b)(2) and in 102 STAT. 245elementary and secondary non public schools of that State within the districts served by such agencies. “(b) Kinds of Services and Costs.—Financial assistance provided under this part shall be available to meet the costs of providing immigrant children supplementary educational services, including but not limited to— “(1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance, including— “(A) English language instruction; “(B) other bilingual educational services; and “(C) special materials and supplies; “(2) additional basic instructional services which are directly attributable to the presence in the school district of immigrant children, including the costs of providing additional classroom supplies, overhead costs, costs of construction, acquisition or rental of space, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services; and “(3) essential inservice training for personnel who will be providing instruction described in either paragraph (1) or (2) of this subsection. “SEC. 4408. APPLICATIONS. “(a) Submission.—No State educational agency shall be entitled to any payment under this part for any period unless that agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— “(1) provide that the educational programs, services, and activities for which payments under this part are made will be administered by or under the supervision of the agency; “(2) provide assurances that payments under this part will be used for purposes set forth in section 4407; “(3) provide assurances that such payments will be distributed among local educational agencies within that State on the basis of the number of children counted with respect to such local educational agency under section 4406(b)(1), adjusted to reflect any reductions imposed pursuant to section 4406(b)(3) which are attributable to such local educational agency; “(4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this part without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; “(5) provide for making such reports as the Secretary may reasonably require to perform the functions under this part; and “(6) pprovide assurances— “(A) that to the extent consistent with the number of immigrant children enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children; 102 STAT. 246 “(B) that the control of funds provided under this part and title to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this part, and a public agency shall administer such funds and property; and “(C) that the provision of services pursuant to this para-graph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such elementary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds. “(b) Approval of Application.—The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency. “SEC. 4409. PAYMENTS. “(a) Amount.—Except as provided in section 4403(b), the Secretary shall pay to each State educational agency having an application approved under section 4408 the amount which that State is entitled to receive under this part. “(b) Services to Children Enrolled in Nonpublic Schools.—If by reason of any provision of law a local educational agency is prohibited from providing educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 4408(a)(6), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this part. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of chapter 1 of title I. “SEC. 4410. REPORTS. “(a) Biennial Report.—Each State educational agency receiving funds under this part shall submit, biennially, a report to the Secretary concerning the expenditure of funds by local educational agencies under this part. Each local educational agency receiving funds under this part shall submit to the State educational agency such information as may be necessary for such report. “(b) Report to Congress.—The Secretary shall submit biannually a report to the appropriate committees of the Congress concerning programs under this part. “PART E—TERRITORIAL ASSISTANCE “SEC. 4501. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS. “There are authorized to be appropriated $5,000,000 for the fiscal year 1989 and for each of the 4 subsequent fiscal years, for the 102 STAT. 247purpose of providing general assistance to improve public education in the Virgin Islands. “SEC. 4502. TERRITORIAL TEACHER TRAINING ASSISTANCE. “There are authorized to be appropriated $2,000,000 for the fiscal year 1989 and for each of the 4 subsequent fiscal years for the purpose of assisting teacher training programs in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. From the sums appropriated pursuant to this section the Secretary shall make grants and enter into contracts for the purpose of providing training to teachers in schools in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The Secretary may make grants to or contracts with any organization considered qualified to provide training for teachers in such schools and shall allot such sums among such territories on the basis of the need for such training. “PART F—SECRETARY’S FUND FOR INNOVATION IN EDUCATION “SEC. 4601. PROGRAM AUTHORIZED. “(a) General Authority.—(1) From funds appropriated under this part, the Secretary is authorized to carry out programs and projects which show promise of identifying and disseminating innovative educational approaches. “(2) The Secretary, in carrying out the provisions of this part, is authorized to— “(A) develop, prepare, and conduct an optional test for academic excellence in accordance with section 4602; “(B) carry out programs for technology education in accordance with section 4603; “(C) strengthen and expand computer education resources available in public and private elementary and secondary schools in accordance with section 4604; and “(D) establish and strengthen comprehensive school health education programs in accordance with section 4605. “(b) Administrative Authority.—The Secretary is authorized to carry out programs and projects under this section directly, or through grants to or contracts with State and local educational agencies, institutions of higher education, and other public and private agencies, organizations, and institutions. “SEC. 4602. OPTIONAL TESTS FOR ACADEMIC EXCELLENCE. “(a) Test of Academic Excellence Authorized.—The Secretary is authorized, after consultation with appropriate State and local educational agencies and public and private organizations, to approve comprehensive tests of academic excellence or to develop such a test where commercially unavailable, to be administered to identify outstanding students who are in the eleventh grade of public and private secondary schools. “(b) Preparation and Conduct of Tests.—(1) The Secretary is authorized to establish a program through arrangements with appropriate State educational agencies, local educational agencies, public and private secondary schools, and public and private organizations throughout the Nation, under which the tests of academic excellence prepared or approved under this part may be 102 STAT. 248given by such agencies or schools, on a voluntary basis, to students described in this section. The tests of academic excellence shall be tests of acquired skills and knowledge appropriate for the completion of a secondary school education. Such students may file applications for the test at such time and in such manner as the Secretary may prescribe. Upon application by any appropriate agency or school by such time and in such manner as the Secretary may determine, the Secretary shall pay to such agency or school the cost of the administrative expenses it has incurred pursuant to an arrangement made under this section. “(2) The Secretary shall assure that the tests authorized by this part are conducted in a secure manner, and that test items remain confidential so that such items may be used in future tests. “(c) Certificate.—(1) The Secretary is authorized and directed to prepare a certificate, of such appropriate design as the Secretary shall prescribe, and in such numbers as are necessary, for issuance to students who have scored at a sufficiently high level, as deter-mined by the Secretary, on a test of academic excellence prepared or approved under this subpart and given in accordance with arrangements made under this section. Each such student shall be awarded a certificate within 60 days following the date on which the student was given the test. “(2) Each certificate awarded pursuant to this section shall be signed by the Secretary. “(d) Report.—The Secretary shall prepare and submit to the Congress a report on the estimated costs of administering, scoring, and analyzing the tests of academic excellence prepared or approved under this subpart. “SEC. 4603. TECHNOLOGY EDUCATION. “(a) General Authority.—The Secretary is authorized to develop materials for educational television and radio programming for use in elementary and secondary education, together with programs which use telecommunications and video resources for the instruction of public and private elementary and secondary school students and for related teacher training programs for public and private elementary and secondary school teachers. “(b) Uses of Funds.—Funds available to carry out this section may be used for— “(1) programs and projects which use such technology to address specifically the educational needs in critical subject matter areas; “(2) programs and projects to assist in the training of public and private elementary and secondary school teachers, administrators, and other educational personnel to use in the schools of such television programming, radio programming, telecommunications programs, or video resources, or in the coordination of such technology with the school curriculum; or “(3) educational television, educational radio, telecommunications or video resources programs or projects which promote a partnership between elementary and secondary schools, the parents of elementary and secondary students. State educational agencies, and institutions of higher education or the community in which such schools are located. “(c) Definition—For the purpose of this section the term ‘telecommunications’ means the full range of technologies that can be used for educational instruction, including closed circuit television 102 STAT. 249systems, educational television and radio broadcasting, cable television, satellite transmission, computer laser discs, and video and audio discs and tapes. “SEC. 4604. PROGRAMS FOR COMPUTER-BASED INSTRUCTION. “(a) General Authority.—The Secretary is authorized to make grants and enter into contracts, as authorized by section 4601 for the purpose of strengthening and expanding computer education resources available in public and private elementary and secondary schools. “(b) Uses of Funds.—Projects assisted under this section may include— “(1) the acquisition and leasing of computer hardware for instructional purposes, including services necessary for the operation, installation, and maintenance of computer hardware; “(2) the acquisition of computer software and complementary instructional materials; or “(3) teacher training programs designed to improve the quality of instruction in computer education and to expand the use of computers in the curriculum. Such programs may make provision for teacher stipends at, a rate of $275 per week for the period of attendance in such program. The Secretary may enter into cooperative agreements with the National Science Foundation and other appropriate nonprofit agencies and organizations in carrying out programs under this section. “(c) Special Rule.—No grant may expend more than 25 percent for the acquisition of computer hardware. “(d) Planning Requirement.—No grant may be made under this section unless the applicant carries out planning activities designed to facilitate the use of Federal financial assistance under this section for the expansion of computer resources in elementary or secondary schools. Such planning activities shall include— “(1) the goals for computer education in the schools; “(2) integration with the curriculum; “(3) where appropriate, provisions for computer use after school by students, parents, teachers, and adult learners; and “(4) standards for the evaluation of computer education programs. “SEC. 4605. PROGRAMS FOR THE IMPROVEMENT OF COMPREHENSIVE SCHOOL HEALTH EDUCATION. “(a) General Authority.—The Secretary through the Office established under subsection (c) of this section, may— “(1) encourage State and local educational agencies to provide comprehensive school health education to the elementary and secondary school students in the schools of such agencies; “(2) provide technical support to State and local educational agencies on health education programs and curricula; “(3) make grants to State and local educational agencies in accordance with this section; “(4) provide an annual report on the progress of the Office (established under subsection (c)) and the status of school health education in the United States; “(5) cooperate with other Federal agencies carrying out school health education programs to ensure coordination of such programs; and “(6) advise the Secretary on school health education policy. 102 STAT. 250 “(b) Uses of Funds.—Grants under this section may be used to improve elementary and secondary education in the areas of— “(1) personal health and fitness; “(2) nutrition; “(3) mental and emotional health; “(4) prevention of chronic diseases; “(5) substance use and abuse; “(6) accident prevention and safety; “(7) community and environmental health; “(8) prevention and control of communicable diseases; “(9) effective use of the health services delivery system; and “(10) development and aging. “(c) Office of Comprehensive School Health Education—The Secretary may establish within the Office of the Secretary an Office of Comprehensive School Health Education with the following responsibilities: “(1) To recommend mechanisms for the coordination of school health education programs conducted by various Federal agencies. “(2) To advise the Secretary on the formulation of school health education policy within the Department of Education. “(3) To disseminate information on the benefits to health education of utilizing a comprehensive health curriculum in schools. “SEC. 4606. ALTERNATIVE CURRICULUM SCHOOLS. “(a) Statement of Purpose.—It is the purpose of this section to assist— “(1) local educational agencies; “(2) consortia of such agencies; and “(3) intermediate educational units; which have significant percentages of minority students to establish and conduct programs which reflect a minority composition of at least 50 percent in the alternative curriculum school established by the applicant to strengthen the knowledge of elementary and secondary school students in academic subjects and to contribute to the desegregation of the schools of the applicant. “(b) Eligibility.—A local educational agency, consortium of such agencies, or intermediate educational unit, is eligible to receive a grant under this section if such agency, unit, or consortium submits an application which contains evidence of collaborative arrangements between the applicant and an institution of higher education, a community-based organization, another local educational agency, an appropriate State educational agency, or any combination of such institutions, organizations, or agencies. “(c) Uses of Funds.—Grants under this section may be used for— “(1) planning and outreach activities directly related to expansion and enhancement of academic programs and services in the alternative curriculum school; “(2) the acquisition of books, materials, and equipment (including computers and the maintenance and operation thereof) necessary for the conduct of educational programs in the alternative curriculum school; and “(3) the payment, or subsidization of the compensation, of elementary and secondary school teachers who are certified or licensed by the State and who are necessary for the conduct of educational programs in the alternative curriculum school; 102 STAT. 251whenever such assistance is directly related to improving the knowledge of mathematics, science, history, English, foreign languages, art, or music, or to improving the vocational skills of elementary and secondary school students. “(d) Applications.—Each applicant desiring to receive a grant under this section shall submit an application in such form, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each such application shall— “(1) provide assurances that the assistance will be used for the purposes described in subsection (c); “(2) provide assurances that the local educational agency or intermediate educational unit would have a minority composition of at least 65 percent, or in the case of a consortium, that at least one local educational agency would have a minority composition of 65 percent; “(3) provide assurances that the students served in the alternative curriculum school established reflect a minority composition of at least 50 percent; “(4) demonstrate the extent to which the alternative curriculum school will contribute to desegregation in the local educational agency; “(5) demonstrate the extent to which the alternative curriculum school will contribute to the improvements of the academic quality of the education offered by schools throughout the local educational agency; “(6) describe the collaborative efforts required by subsection (b); “(7) provide assurances that teachers will be employed in the courses of instruction assisted under this section who are certified or licensed by the State to teach the subject matter of the courses of instruction; “(8) provide assurances that the applicant will not engage in discrimination based upon race, religion, color, national origin, sex, or handicapping conditions in— “(A) hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; “(B) the mandatory assignment of students to schools or to courses of instruction within schools of such applicant, except as is necessary to carry out an approved desegregation plan; and “(C) designing or operating extracurricular activities for students; “(9) describe how funds made available under this section will be used to promote integration and provide a high quality education program for local educational agencies with significant concentrations of minority students; “(10) describe how such applicant will devote its resources to continuing the program when funds made available to it under this section may no longer be made available; and “(11) provide such other assurances as the Secretary deter-mines necessary. “(e) Unused Amounts.—In any fiscal year in which amounts are appropriated but not allocated under this section, the Secretary shall use such amounts to make grants under title III of this Act (relating to magnet schools). 102 STAT. 252 “(f) Special Evidentiary Rule.—Notwithstanding any other provision of law, the award of funds under this section may not be used in any cause of action or administrative proceeding as evidence relating to the issue of desegregation of a public school of a local educational agency receiving such an award. “SEC. 4607. AUTHORIZATION OF APPROPRIATIONS. “(a) There are authorized to be appropriated $20,000,000 for the fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 through 1993, to carry out the provisions of this part (other than section 4606). “(b)(1) Subject to paragraph (2), there are authorized to be appropriated $35,000,000 for fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 through 1993 to carry out section 4606. “(2) No appropriation may be made under paragraph (1) for any fiscal year unless the amount appropriated for the Magnet Schools Assistance Program in title III for that fiscal year is equal to or exceeds $165,000,000. “TITLE V—DRUG EDUCATION “SEC. 5101. SHORT TITLE. “This title may be cited as the ‘Drug-Free Schools and Communities Act of 1986’. “SEC. 5102. FINDINGS. “The Congress finds that: “(1) Drug abuse education and prevention programs are essential components of a comprehensive strategy to reduce the demand for and use of drugs throughout the Nation. “(2) Drug use and alcohol abuse are widespread among the Nation’s students, not only in secondary schools, but increasingly in elementary schools as well. “(3) The use of drugs and the abuse of alcohol by students constitute a grave threat to their physical and mental well-being and significantly impede the learning process. “(4) The tragic consequences of drug use and alcohol abuse by students are felt not only by students and their families, but also by their communities and the Nation, which can ill afford to lose their skills, talents, and vitality. “(5) Schools and local organizations in communities through-out the Nation have special responsibilities to work together to combat the scourge of drug use and alcohol abuse. “(6) Prompt action by our Nation’s schools, families, and communities can bring significantly closer the goal of a drug-free generation and a drug-free society. “SEC. 5103. PURPOSE. “It is the purpose of this title to establish programs of drug abuse education and prevention (coordinated with related community efforts and resources) through the provision of Federal financial assistance— “(1) to States for grants to local and intermediate educational agencies and consortia to establish, operate, and improve local programs of drug abuse prevention, early intervention, 102 STAT. 253rehabilitation referral, and education in elementary and secondary schools (including intermediate and junior high schools); “(2) to States for grants to and contracts with community-based organizations for programs of drug abuse prevention, early intervention, rehabilitation referral, and education for school dropouts and other high-risk youth; “(3) to States for development, training, technical assistance, and coordination activities; “(4) to institutions of higher education to establish, implement, and expand programs of drug abuse education and prevention (including rehabilitation referral) for students enrolled in colleges and universities; and “(5) to institutions of higher education in cooperation with State and local educational agencies for teacher training programs in drug abuse education and prevention. “PART A—FINANCIAL ASSISTANCE FOR DRUG ABUSE EDUCATION AND PREVENTION PROGRAMS “SEC. 5111. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.—For the purpose of carrying out this title, there are authorized to be appropriated $250,000,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990, 1991, 1992, and 1993. “(b) Availability.—(1) Appropriations for any fiscal year for payments made under this title in accordance with regulations of the Secretary may be made available for obligation or expenditure by the agency or institution concerned on the basis of an academic or school year differing from such fiscal year. “(2) Funds appropriated for any fiscal year under this title shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which such funds were appropriated. “SEC. 5112. RESERVATIONS AND STATE ALLOTMENTS. “(a) Reservations.—From the sums appropriated or otherwise made available to carry out this title for any fiscal year, the Secretary shall reserve— “(1) 1 percent for payments to Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands, to be allotted in accordance with their respective needs; “(2) 1 percent for programs for Indian youth under section 5133; “(3) 0.2 percent for programs for Hawaiian natives under section 5134; “(4) 8 percent for programs with institutions of higher education under section 5131; “(5) 3.5 percent for Federal activities under section 5132; and “(6) 4.5 percent for regional centers under section 5135. “(b) State Allotments.—(1) From the remainder of the sums not reserved under subsection (a), the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of the State bears to the school-age population of all States, except that no State shall be allotted less than an amount equal to 0.5 percent of such remainder. 102 STAT. 254 “(2) The Secretary may reallot any amount of any allotment to a State to the extent that the Secretary determines that the State will not be able to obligate such amount within 2 years of allotment. Any such reallotment shall be made on the same basis as an allotment under paragraph (1), “(3) For purposes of this subsection, the term ‘State’ means any of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. “(4) For each fiscal year, the Secretary shall make payments, as provided by section 6503(a) of title 31, United States Code, to each State from its allotment under this subsection from amounts appropriated for that fiscal year. “PART B—STATE AND LOCAL PROGRAMS “SEC. 5121. USE OF ALLOTMENTS BY STATES. “(a) State Program.—An amount equal to 30 percent of the total amount paid to a State from its allotment under section 5112 for any fiscal year shall be used by the chief executive officer of such State for a State program in accordance with section 5122. “(b) Within State Distribution; Administrative Costs.—An amount equal to 70 percent of the total amount paid to a State from its allotment under section 5112 for any fiscal year shall be used by the State educational agency to carry out its responsibilities in accordance with section 5124 and for grants to local and intermediate educational agencies and consortia for programs and activities in accordance with section 5125. “SEC. 5122. STATE PROGRAMS. “(a) In General.—Not more than 50 percent of the funds available for each fiscal year under section 5121(a) to the chief executive officer of a State shall be used for grants to and contracts with local governments and other public or private nonprofit entities (including parent groups, community action agencies, and other community-based organizations) for the development and implementation of programs and activities such as— “(1) local broadly-based programs for drug and alcohol abuse prevention, early intervention, rehabilitation referral, and education for all age groups; “(2) training programs concerning drug abuse education and prevention for teachers, counselors, other educational personnel, parents, local law enforcement officials, judicial officials, other public service personnel, and community leaders; “(3) the development and distribution of educational and informational materials to provide public information (through the media and otherwise) for the purpose of achieving a drug-free society; “(4) technical assistance to help community-based organizations and local and intermediate educational agencies and consortia in the planning and implementation of drug abuse prevention, early intervention, rehabilitation referral, and education programs; “(5) activities to encourage the coordination of drug abuse education and prevention programs with related community efforts and resources, which may involve the use of a broadly representative State advisory council including members of the State board of education, members of local boards of education, 102 STAT. 255parents, teachers, counselors, health and social service professionals, and others having special interest or expertise; and “(6) other drug abuse education and prevention activities consistent with the purposes of this title, which may include a youth suicide prevention program. “(b) Innovative Programs.—(1) Not less than 50 percent of the funds available for each fiscal year under section 5121(a) to the chief executive officer of a State shall be used for innovative community-based programs of coordinated services for high-risk youth. The chief executive officer of such State shall make grants to or contracts with local governments and other public and private non-profit entities (including parent groups, community action agencies, and other community-based organizations) to carry out such services. “(2) For purposes of this subsection, the term ‘high risk youth’ means an individual who has not attained the age of 21 years, who is at high risk of becoming or who has been a drug or alcohol abuser, and who— “(A) is a school dropout; “(B) has become pregnant; “(C) is economically disadvantaged; “(D) is the child of a drug or alcohol abuser; “(E) is a victim of physical, sexual, or psychological abuse; “(F) has committed a violent or delinquent act; “(G) has experienced mental health problems; “(H) has attempted suicide; or “(I) has experienced long-term physical pain due to injury. “SEC. 5123. STATE APPLICATIONS. “(a) In General.—In order to receive an allotment under section 5112(b), a State shall submit an application to the Secretary. As part of such application, the chief executive officer of the State shall agree to use the funds made available under section 5121(a) in accordance with the requirements of this part. As part of such application, the State educational agency of the State shall agree to use the funds made available under section 5121(b) in accordance with the requirements of this part. “(b) Contents of Applications.—The application submitted by each State under subsection (a) shall— “(1) cover a period of three fiscal years; “(2) be submitted at such time and in such manner, and contain such information, as the Secretary may require; “(3) contain assurances that the Federal funds made available under this part for any period will be so used as to supplement and increase the level of State, local, and non-Federal funds that would in the absence of such Federal funds be made available for the programs and activities for which funds are provided under this part and will in no event supplant such State, local, and other non-Federal funds; “(4) provide that the State will keep such records and provide such information as may be required by the Secretary for fiscal audit and program evaluation; “(5) contain assurances that there is compliance with the specific requirements of this part; “(6) describe the manner in which the State educational agency will coordinate its efforts with appropriate State health, law enforcement, and drug abuse prevention agencies, including 102 STAT. 256the State agency which administers the Alcohol, Drug Abuse, and Mental Health block grant under part B of title XIX of the Public Health Service Act; “(7) provide assurances that the State educational agency will provide financial assistance under this part only to local and intermediate educational agencies and consortia which establish and implement drug abuse education and prevention programs in elementary and secondary schools; “(8) provide for an annual evaluation of the effectiveness of programs assisted under this part; and “(9) provide a description of how, where feasible, the alcohol and drug abuse programs will be coordinated with youth suicide prevention programs funded by the Federal Government, State and local governments, and nongovernmental agencies and organizations. “SEC. 5124. RESPONSIBILITIES OF STATE EDUCATIONAL AGENCIES. “(a) Grants to Local and Intermediate Educational Agencies.—Each State educational agency shall use a sum which shall be not less than 90 percent of the amounts available under section 5121(b) for each fiscal year for grants to local and intermediate educational agencies and consortia in the State, in accordance with applications approved under section 5126. From such sum, the State educational agency shall distribute funds for use among areas served by local or intermediate educational agencies or consortia on the basis of the relative enrollments in public and private nonprofit schools within the areas served by such agencies. Any amount of the funds made available for use in any area remaining unobligated for more than 1 year after the funds were made available may be provided by the State educational agency to local or intermediate educational agencies or consortia having plans for programs or activities capable of using such amount on a timely basis. “(b) State Programs.—Each State educational agency shall use not more than 10 percent of the amounts available under section 5121(b) for each fiscal year for such activities as— “(1) training and technical assistance programs concerning drug abuse education and prevention for local and intermediate educational agencies, including teachers, administrators, athletic directors, other educational personnel, parents, local law enforcement officials, and judicial officials; “(2) the development, dissemination, implementation, and evaluation of drug abuse education curricular and teaching materials for elementary and secondary schools throughout the State; “(3) demonstration projects in drug abuse education and prevention; “(4) special financial assistance to enhance resources available for drug abuse education and prevention in areas serving large numbers of economically disadvantaged children or sparsely populated areas, or to meet special needs; and “(5) administrative costs of the State educational agency in carrying out its responsibilities under this part, not in excess of 2.5 percent of the amount available under section 5121(b). 102 STAT. 257 “SEC. 5125. LOCAL DRUG ABUSE EDUCATION AND PREVENTION PROGRAMS. “(a) In General.—Any amounts made available to local or intermediate educational agencies or consortia under section 5124(a) shall be used for drug and alcohol abuse prevention and education programs and activities, including— “(1) the development, acquisition, and implementation of elementary and secondary school drug abuse education and prevention curricula which clearly and consistently teach that illicit drug use is wrong and harmfull; “(2) school-based programs of drug abuse prevention and early intervention (other than treatment); “(3) family drug abuse prevention programs, including education for parents to increase awareness about the symptoms and effects of drug use through the development and dissemination of appropriate educational materials; “(4) drug abuse prevention counseling programs (which counsel that illicit drug use is wrong and harmful) for students and parents, including professional and peer counselors and involving the participation (where appropriate) of parent, or other adult counselors and reformed abusers; “(5) programs of referral for drug abuse treatment and rehabilitation; “(6) programs of inservice and preservice training in drug and alcohol abuse prevention for teachers, counselors, other educational personnel, athletic directors, public service personnel, law enforcement officials, judicial officials, and community leaders; “(7) programs in primary prevention and early intervention, such as the interdisciplinary school-team approach; “(8) community education programs and other activities to involve parents and communities in the fight against drug and alcohol abuse; “(9) public education programs on drug and alcohol abuse, including programs utilizing professionals and former drug and alcohol abusers; “(10) on-site efforts in schools to enhance identification and discipline of drug and alcohol abusers, and to enable law enforcement officials to take necessary action in cases of drug possession and supplying of drugs and alcohol to the student population; “(11) special programs and activities to prevent drug and alcohol abuse among student athletes, involving their parents and family in such drug and alcohol abuse prevention efforts and using athletic programs and personnel in preventing drug and alcohol abuse among all students; and “(12) other programs of drug and alcohol abuse education and prevention, consistent with the purposes of this part. “(b) Eligibility.—A local or intermediate educational agency or consortium may receive funds under this part for any fiscal year covered by an application under section 5126 approved by the State educational agency. “SEC. 5126. LOCAL APPLICATIONS. “(a) In General.—(1) In order to be eligible to receive a grant under this part for any fiscal year, a local or intermediate edu-102 STAT. 258cational agency or consortium shall submit an application to the State educational agency for approval. “(2) An application under this section shall be for a period not to exceed 3 fiscal years and may be amended annually as may be necessary to reflect changes without filing a new application. Such application shall— “(A) set forth a comprehensive plan for programs to be carried out by the applicant under this part; “(B) contain an estimate of the cost for the establishment and operation of such programs; “(C) establish or designate a local or substate regional advisory council on drug abuse education and prevention com-posed of individuals who are parents, teachers, officers of State and local government, medical professionals, representatives of the law enforcement community, community-based organizations, and other groups with interest and expertise in the field of drug abuse education and prevention; “(D) describe the extent of the current drug and alcohol problem in the schools of the applicant; “(E) describe the applicant’s drug and alcohol policy, including an explanation of— “(i) the practices and procedures it will enforce to eliminate the sale or use of drugs and alcohol on school premises; and “(ii) how it will convey to students the message that drug use is not permissible; “(F) describe how the applicant will monitor the effectiveness of its program; “(G) describe the manner in which the applicant will establish, implement, or augment mandatory age-appropriate, developmentally-based, drug abuse education and prevention programs for students throughout all grades of the schools operated or served by the applicant (from the early childhood level through grade 12), and provide assurances that the applicant enforces related rules and regulations of student conduct; “(H) describe the manner in which the applicant will coordinate its efforts under this part with other programs in the community related to drug abuse education, prevention, treatment, and rehabilitation; “(I) provides assurances that the applicant will coordinate its efforts with appropriate State and local drug and alcohol abuse, health, and law enforcement agencies, in order to effectively conduct drug and alcohol abuse education, intervention, and referral for treatment and rehabilitation for the student population; “(J) provide assurances that the Federal funds made available under this part shall be used to supplement and, to the extent practical, to increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in this part, and in no case supplant such funds; “(K) provide assurances of compliance with the provisions of this part; “(L) agree to keep such records and provide such information to the State educational agency as reasonably may be required 102 STAT. 259for fiscal audit and program evaluation, consistent with the responsibilities of the State agency under this part; and “(M) include such other information and assurances as the State educational agency reasonably determines to be necessary. “(b) Progress Reports.—(1) An applicant shall submit to the State educational agency a progress report on the first 2 fiscal years of implementation of its plan. The progress report shall include— “(A) the applicant’s significant accomplishments under the plan during the preceding 2 years; and “(B) the extent to which the original objectives of the plan are being achieved. “(2) If the State educational agency determines that the applicant’s progress report shows that it is not making reasonable progress toward accomplishing the objectives of its plan and the purposes of this Act, the State educational agency shall provide such technical assistance to the applicant as may be necessary. “SEC. 5127. STATE REPORTS. “Each State shall submit to the Secretary a biennial report that contains information on the State and local programs conducted under this Act in the State. “PART C—NATIONAL PROGRAMS “SEC. 5131. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION. “(a) In General.—(1) From sums reserved by the Secretary under section 5112(a)(4) for the purposes of this section, the Secretary shall make grants to or enter into contracts with institutions of higher education or consortia of such institutions for drug abuse education and prevention programs under this section. “(2) The Secretary shall make financial assistance available on a competitive basis under this section. An institution of higher education or consortium of such institutions which desires to receive a grant or enter into a contract under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require in accordance with regulations. “(3) The Secretary shall make every effort to ensure the equitable participation of private and public institutions of higher education (including community and junior colleges) and to ensure the equitable geographic participation of such institutions. In the award of grants and contracts under this section, the Secretary shall give appropriate consideration to colleges and universities of limited enrollment. “(4) Not less than 50 percent of sums available for the purposes of this section shall be used to make grants under subsection (d). “(b) Training Grants.—Training grants shall be available for— “(1) preservice and inservice training and instruction of teachers and other personnel in the field of drug abuse education and prevention in elementary and secondary schools; “(2) summer institutes and workshops in instruction in the field of drug abuse education and prevention; “(3) research and demonstration programs for teacher training and retraining in drug abuse education and prevention; and “(4) training programs for law enforcement officials, judicial officials, community leaders, parents, and government officials. 102 STAT. 260 “(c) Grants for Model Demonstration Programs.—Grants shall be available for model demonstration programs to be coordinated with local elementary and secondary schools for the development and implementation of quality drug abuse education curricula. In the award of grants under this subsection, the Secretary shall give priority consideration to joint projects involving faculty of institutions of higher education and teachers in elementary and secondary schools in the practical application of the findings of educational research and evaluation and the integration of such research into drug abuse education and prevention programs. “(d) Grants for Programs of Drug Abuse Education and Prevention.—Grants shall be available under this subsection to develop, implement, operate, and improve programs of drug abuse education and prevention (including rehabilitation referral) for students enrolled in institutions of higher education. “(e) Collaborative Efforts.—In making grants under para-graphs (1) and (2) of subsection (b), the Secretary shall encourage projects which provide for coordinated and collaborative efforts between State educational agencies, local educational agencies, and regional centers established under section 5135. “SEC. 5132. FEDERAL ACTIVITIES. “(a) Use of Reserved Funds.—From sums reserved by the Secretary under section 5112(a)(5), the Secretary shall carry out the purposes of this section. “(b) Federal Drug Abuse Education and Prevention Activities.—The Secretary of Education in conjunction with the Secretary of Health and Human Services shall carry out Federal education and prevention activities on drug abuse. The Secretary shall coordinate such drug abuse education and prevention activities with other appropriate Federal activities related to drug abuse. The Secretary shall directly or through grants, cooperative agreements, or contracts— “(1) provide information on drug abuse education and prevention to the Secretary of Health and Human Services for dissemination by the clearinghouse for alcohol and drug abuse information established under section 509 of the Public Health Service Act; “(2) facilitate the utilization of appropriate means of communicating to students at all educational levels about the dangers of drug use and alcohol abuse, especially involving the participation of entertainment personalities and athletes who are recognizable role models for many young people; “(3) develop, publicize the availability of, and widely disseminate audio-visual and other curricular materials for drug abuse education and prevention programs in elementary and secondary schools throughout the Nation; “(4) provide technical assistance to State, local, and inter-mediate education agencies and consortia in the selection and implementation of drug abuse education and prevention curricula, approaches, and programs to address most effectively the needs of the elementary and secondary schools served by such agencies; and “(5) identify research and development priorities with regard to school-based drug abuse education and prevention, particularly age-appropriate programs focusing on kindergarten through grade 4. 102 STAT. 261 “(c) Studies.—The Secretary of Education in conjunction with the Secretary of Health and Human Services shall conduct, directly or by contract, a study of the relationship between drug and alcohol abuse and youth suicide and shall submit a report of the findings of such studies to the President and to the appropriate committees of the Congress not later than I year after the date of the enactment of this title. In addition the Secretary may conduct periodic evaluations of programs authorized by this Act. “SEC. 5133. PROGRAMS FOR INDIAN YOUTH. “(a) Use of Reserved Funds.—From the funds reserved pursuant to section 5112(a)(2), the Secretary shall make payments and grants and enter into other financial arrangements for Indian programs in accordance with this subsection. “(b) Financial Arrangements.—The Secretary of Education shall enter into such financial arrangements as the Secretary determines will best carry out the purposes of this title to meet the needs of Indian children on reservations serviced by elementary and secondary schools funded for Indian children by the Department of the Interior. Such arrangements shall be made pursuant to an agreement between the Secretary of Education and the Secretary of the Interior containing such assurances and terms as they determine will best achieve the purposes of this title. “(c) Grant and Contract Authority.—The Secretary of Education may, upon request of any Indian tribe which is eligible to contract with the Secretary of the Interior for the administration of programs under the Indian Self-Determination Act or under the Act of April 16, 1934, enter into grants or contracts with any tribal organization of any such Indian tribe to plan, conduct, and administer programs which are authorized and consistent with the purposes of this title (particularly programs for Indian children who are school dropouts), except that such grants or contracts shall be subject to the terms and conditions of section 102 of the Indian Self-Determination Act and shall be conducted in accordance with sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under this paragraph. “(d) Additional Programs.—Programs funded under this subsection shall be in addition to such other programs, services, and activities as are made available to eligible Indians under other provisions of this title. “SEC. 5134. PROGRAMS FOR HAWAIIAN NATIVES. “(a) General Authority.—From the funds reserved pursuant to section 5112(a)(3), the Secretary shall make grants to or enter into cooperative agreements or contracts with organizations primarily serving and representing Hawaiian natives which are recognized by the Governor of the State of Hawaii to plan, conduct, and administer programs, or portions thereof, which are authorized by and consistent with the provisions of this title for the benefit of Hawaiian natives. “(b) Definition of ‘Hawaiian Native’.—For the purposes of this section, the term ‘Hawaiian native’ means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. 102 STAT. 262 “SEC. 5135. REGIONAL CENTERS. “The Secretary, through grants, cooperative agreements, or contracts, shall use the amounts made available to carry out this section for each fiscal year to maintain 5 regional centers to— “(1) train school teams to assess the scope and nature of their drug abuse and alcohol abuse problems, mobilize the community to address such problems, design appropriate curricula, identify students at highest risk and refer them to appropriate treatment, and institutionalize long-term effective drug and alcohol abuse programs, including long-range technical assistance, evaluation, and followup on such training; “(2) assist State educational agencies in coordinating and strengthening drug abuse and alcohol abuse education and prevention programs; “(3) assist local educational agencies and institutions of higher education in developing appropriate preservice and in-service training programs for educational personnel; and “(4) evaluate and disseminate information on effective drug abuse and alcohol abuse education and prevention programs and strategies. “PART D—GENERAL PROVISIONS “SEC. 5141. DEFINITIONS. “(a) General Rule.—Except as otherwise provided, the terms used in this title shall have the meaning provided under section 1471 of title 1 of this Act. “(b) Specific Definitions.—For the purposes of this title, the following terms have the following meanings: “(1) The term ‘drug abuse education and prevention’ means prevention, early intervention, rehabilitation referral, and education related to the abuse of alcohol and the use and abuse of controlled, Illegal, addictive, or harmful substances. “(2) The term ‘illicit drug use’ means the use of illegal drugs and the abuse of other drugs and alcohol. “(3) The term ‘Secretary’ means the Secretary of Education. “(4) The term ‘school-age population’ means the population aged 5 through 17 (inclusive), as determined by the Secretary on the basis of the most recent satisfactory data available from the Department of Commerce. “(5) The term ‘school dropout’ means an individual aged 5 through 18 who is not attending any school and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma. This definition shall not apply after the Secretary defines such term as required by section 6201 of this Act. “(6) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or the Virgin Islands. “(7) The term ‘institution of higher education’ means an educational institution in any State which— “(A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; 102 STAT. 263 “(B) is legally authorized within such State to provide a program of education beyond high school; “(C) provides an educational program for which it awards a bachelor’s degree, or provides not less than a 2-year program which is acceptable for full credit toward such a degree, or offers a 2-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; “(D) is a public or other nonprofit institution; and “(E) is accredited by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than 3 institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited, except that in the case of an institution offering a 2-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or technological fields which requires the understanding and application of basic engineering, scientific, or mathematical principles or knowledge if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, the Secretary shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under this title and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered. “(8) The term ‘nonprofit’ as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more non-profit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. “(9) The term ‘consortium* (except in section 5131) means a consortium of local educational agencies or of one or more intermediate educational agencies and one or more local educational agencies. “SEC 5142. FUNCTIONS OF THE SECRETARY OF EDUCATION. “(a) Administration.—The Secretary shall be responsible for the administration of the programs authorized by this title. “(b) Applicability of General Education Provisions Act.—Except as otherwise provided, the General Education Provisions Act shall apply to programs authorized by this title. 102 STAT. 264 “SEC. 5143. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE NONPROFIT SCHOOLS. “(a) Participation of Private School Children.—To the extent consistent with the number of school-age children in the State or in the school attendance area of a local or intermediate educational agency or consortium receiving financial assistance under part B who are enrolled in private nonprofit elementary and secondary schools, such State, agency, or consortium shall, after consultation with appropriate private school representatives, make provision for including services and arrangements for the benefit of such children as will assure the equitable participation of such children in the purposes and benefits of this title. “(b) Participation of Private School Teachers.—To the extent consistent with the number of school-age children in the State or in the school attendance area of a local or intermediate educational agency or consortium receiving financial assistance under part B who are enrolled in private nonprofit elementary and secondary schools, such State, agency, or consortium shall, after consultation with appropriate private school representatives, make provision, for the benefit of such teachers in such schools, for such teacher training as will assure equitable participation of such teachers in the purposes and benefits of this title. “(c) Waiver; Provision of Services by Secretary.—If by reason of any provision of law a State, local, or intermediate educational agency or consortium is prohibited from providing for the participation of children or teachers from private nonprofit schools as required by subsections (a) and (b) or, if the Secretary determines that a State, local, or intermediate educational agency or consortium has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children or teachers which shall be subject to the requirements of this section. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 1017 of this Act. “SEC. 5144. MATERIALS. “Any materials produced or distributed with funds made available under this title shall reflect the message that illicit drug use is wrong and harmful. The Secretary shall not review curricula and shall not promulgate regulations to carry out this subsection or subparagraph (1) or (4) of section 5125(a). “PART E—MISCELLANEOUS PROVISIONS “SEC. 5191. INDIAN EDUCATION PROGRAMS. “(a) Pilot Programs.—The Assistant Secretary of Indian Affairs shall develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs (subject to the approval of the local school board or contract school board) to determine the effectiveness of summer youth programs in furthering the purposes and goals of the Indian Alcohol and Substance Abuse Prevention Act of 1986. The Assistant Secretary shall defray all costs associated with the actual operation and support of the pilot programs in the school from funds appropriated for this section. For the pilot pro-102 STAT. 265grams there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987, 1988, and 1989. “(b) Use of Funds.—Federal financial assistance made available to public or private schools because of the enrollment of Indian children pursuant to— “(1) the Act of April 16, 1934, as amended by’ the Indian Education Assistance Act (25 U.S.C. 452 et seq.), “(2) the Indian Elementary and Secondary School Assistance Act (20 U.S.C. 241aa et seq.), and “(3) the Indian Education Act (20 U.S.C. 3385), may be used to support a program of instruction relating to alcohol and substance abuse prevention and treatment. “SEC. 5192. TRANSITION. “Notwithstanding section 1003 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, a State educational agency may allot funds for each of the fiscal years 1987 and 1988 to local and intermediate educational agencies and consortia under section 4124 of the Drug-Free Schools and Communities Act of 1986 on the basis of their relative numbers of children in the school-age population. “TITLE VI—PROJECTS AND PROGRAMS DESIGNED TO ADDRESS SCHOOL DROP-OUT PROBLEMS AND TO STRENGTHEN BASIC SKILLS INSTRUCTION “PART A—ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS “SEC. 6001. SHORT TITLE. “This part may be cited as the ‘School Dropout Demonstration Assistance Act of 1988’. “SEC. 6002. PURPOSE. “The purpose of this part is to reduce the number of children who do not complete their elementary and secondary education by providing grants to local educational agencies to establish and demonstrate— “(1) effective programs to identify potential student dropouts and prevent them from dropping out; “(2) effective programs to identify and encourage children who have already dropped out to reenter school and complete their elementary and secondary education; “(3) effective early intervention programs designed to identify at-risk students in elementary and secondary schools; and “(4) model systems for collecting and reporting information to local school officials on the number, ages, and grade levels of the children not completing their elementary and secondary education and the reasons why such children have dropped out of school. “SEC. 6003. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $50,000,000 for the fiscal year 1989. 102 STAT. 266 “SEC. 6004. GRANTS TO LOCAL EDUCATIONAL AGENCIES. “(a) Allotment to Categories of Local Educational Agencies.—From the amount appropriated under section 6003 for any fiscal year, the Secretary shall allot the following percentages to each of the following categories of local educational agencies: “(1) Local educational agencies administering schools with a total enrollment of 100,000 or more elementary and secondary school students shall be allotted 25 percent of the amount appropriated. “(2) Local educational agencies administering schools with a total enrollment of at least 20,000 but less than 100,000 elementary and secondary school students shall be allotted 40 percent of the amount appropriated. “(3) Local educational agencies administering schools with a total enrollment of less than 20,000 elementary and secondary school students shall be allotted 30 percent of the amount appropriated. Grants may be made under this paragraph to intermediate educational units and consortia of not more than 5 local educational agencies in any case in which the total enrollment of the largest such local educational agency is less than 20,000 elementary and secondary students. Such units and consortia may also apply in conjunction with the State educational agency. Not less than 20 percent of funds available under this paragraph shall be awarded to local educational agencies administering schools with a total enrollment of less than 2,000 elementary and secondary school students. “(4) Community-based organizations shall be allotted 5 per-cent of the amount appropriated. Grants under this category shall be made after consultation between the community-based organization and the local educational agency that is to benefit from such a grant. “(b) Special Treatment of Educational Partnerships.—(1) The Secretary shall allot 25 percent of the funds available for each category described in paragraphs (1), (2), and (3) of subsection (a) of this section to educational partnerships. “(2) Educational partnerships under this subsection shall include— “(A) a local educational agency; and “(B) a business concern or business organization, or, if an appropriate business concern or business organization is not available, one of the following: any community-based organization, nonprofit private organization, institution of higher education, State educational agency, State or local public agency, private industry council (established under the Job Training Partnership Act), museum, library, or educational television or broadcasting station. “(c) Award of Grant.—From the amount allotted for any fiscal year to a category of local educational agencies under subsection (a), the Secretary shall award as many grants as practicable within each such category to local educational agencies and educational partner-ships whose applications have been approved by the Secretary for such fiscal year under section 6005 and whose applications propose a program of sufficient size and scope to be of value as a demonstration. The grants shall be made under such terms and conditions as the Secretary shall prescribe consistent with the provisions of this part. 102 STAT. 267 “(d) Use of Funds When Not Fully Needed for Educational Partnerships.—(1) Whenever the Secretary determines that the full amount of the sums made available under subsection (b) in each category for educational partnerships will not be required for applications of educational partnerships, the Secretary shall make the amount not so required available to local educational agencies in the same category in which the funds are made available. “(2) In order to transfer funds under this subsection, the Secretary shall use a peer review process to determine that such excess funds are not needed to fund educational partnerships and shall prepare a list of the categories in which additional funds are available, and the reasons therefor, and make such list available to local educational agencies upon request. The Secretary may use the peer review process to determine grant recipients of funds transferred in accordance with this subsection. “(e) Use of Funds When Not Fully Allotted to Categories Under Subsection (a).—(1) Whenever the Secretary determines that the full amount of the sums allotted under any category set forth under subsection (a) will not be required for applications of the local educational agencies in the case of categories (1) through (3), the Secretary shall make the amount not so required available to another category under subsection (a). In carrying out the provisions of this subsection, the Secretary shall assure that the transfer of amounts from one category to another is made to a category in which there is the greatest need for funds. “(2) In order to transfer funds under this subsection, the Secretary shall use a peer review process to determine that such excess funds are not needed to fund projects in particular categories and shall prepare a list of the categories in which funds were not fully expended and the reasons therefor, and make such list available to local educational agencies and educational partnerships, upon request. The Secretary may use the peer review process to deter-mine grant recipients of funds transferred in accordance with this subsection. “(f) Federal Share.—(1) The Federal share of a grant under this part may not exceed— “(A) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part, and “(B) 75 percent of such cost for the second such year. “(2) The remaining cost of a project that receives assistance under this part may be paid from any source other than funds made available under this part, except that not more than 10 percent of the remaining cost in any fiscal year may be provided from Federal sources other than this part. “(3) The share of payments from sources other than funds made available under this part may be in cash or in kind fairly evaluated, including plant, equipment or services. “SEC. 6005. APPLICATION. “(a) In General.—(1) A grant under this part may be made only to a local educational agency or an educational partnership which submits an application to the Secretary containing such information as may be required by the Secretary by regulation. “(2) Applications shall be for a 1-year period. “(b) Contents of Application.—Each such application shall— “(1) provide documentation of— 102 STAT. 268 “(A) the number of children who were enrolled in the schools of the applicant for the 5 academic years prior to the date application is made who have not completed their elementary or secondary education and who are classified as school dropouts pursuant to section 5141(b)(5); and “(B) the percentage that such number of children is of the total school-age population in the applicant’s schools; “(2) include a plan for the development and implementation of a dropout information collection and reporting system for documenting the extent and nature of the dropout problem; “(3) include a plan for coordinated activities involving at least 1 high school and its feeder junior high or middle schools and elementary schools for local educational agencies that have feeder systems; “(4) include a plan for the development and implementation of a project including activities designed to carry out the purpose of this part, such as— “(A) implementing identification, prevention, outreach, or reentry projects for dropouts and potential dropouts; “(B) addressing the special needs of school-age parents; “(C) disseminating information to students, parents, and the community related to the dropout problem; “(D) as appropriate, including coordinated services and activities with programs of vocational education, adult basic education, and programs under the Job Training Partnership Act; “(E) involving the use of educational and telecommunications and broadcasting technologies and educational materials for dropout prevention, outreach, and reentry; “(F) providing activities which focus on developing occupational competencies which link job skill preparation and training with genuine job opportunities; “(G) establishing annual procedures for— “(i) evaluating the effectiveness of the project; and “(ii) where possible, determining the cost-effectiveness of the particular dropout prevention and reentry methods used and the potential for reproducing such methods in other areas of the country; “(H) coordinating, to the extent practicable, with other student dropout activities in the community; or “(I) using the resources of the community and parents to help develop and implement solutions to the local dropout problem; and “(5) contain such other information as the Secretary considers necessary to determine the nature of the local needs, the quality of the proposed project, and the capability of the applicant to carry out the project. “(c) Priority.—The Secretary shall, in approving applications under this section, give priority to applications which Doth show the replication of successful programs conducted in other local educational agencies or the expansion of successful programs within a local educational agency and reflect very high numbers or very high percentages of school dropouts in the schools of the applicant in each category described in section 6004(a). “(d) Special Consideration.—The Secretary shall give additional special consideration to applications that include— 102 STAT. 269 “(1) provisions which emphasize early intervention services designed to identify at-risk students in elementary or early secondary schools; and “(2) provisions for significant parental involvement. “SEC. 6006. AUTHORIZED ACTIVITIES. “(a) In General.—Grants under this part shall be used to carry out plans set forth in applications approved under section 6005. In addition, grants may be used for educational, occupational, and basic skills testing services and activities, including, but not limited to— “(1) the establishment of systemwide or school-level policies, procedures, and plans for dropout prevention and school reentry; “(2) the development and implementation of activities, including extended day or summer programs, designed to address poor achievement, basic skills deficiencies, language deficiencies, or course failures, in order to assist students at risk of dropping out of school and students reentering school; “(3) the establishment or expansion of work-study, apprentice, or internship programs; “(4) the use of resources of the community, including contracting with public or private entities or community-based organizations of demonstrated performance, to provide services to the grant recipient or the target population; “(5) the evaluation and revision of program placement of students at risk; “(6) the evaluation of program effectiveness of dropout programs; “(7) the development and implementation of programs for traditionally underserved groups of students; “(8) the implementation of activities which will improve student motivation and the school learning environment; “(9) the provision of training for school staff on strategies and techniques designed to— “(A) identify children at risk of dropping out; “(B) intervene in the instructional program with support and remedial services; “(C) develop realistic expectations for student performance; and “(D) improve student-staff interactions; “(10) the study of the relationship between drugs and drop-outs and between youth gangs and dropouts, and the coordination of dropout prevention and reentry programs with appropriate drug prevention and community organizations for the prevention of youth gangs; “(11) the study of the relationship between handicapping conditions and student dropouts; “(12) the study of the relationship between the dropout rate for gifted and talented students compared to the dropout rate for the general student enrollment; “(13) the use of educational telecommunications and broadcasting technologies and educational materials designed to extend, motivate, and reinforce school, community, and home dropout prevention and reentry activities; and 102 STAT. 270 “(14) the provision of other educational, occupational and testing services and activities which directly relate to the purpose of this part. “(b) Activities for Educational Partnerships.—Grants under this part may be used by educational partnerships for— “(1) activities which offer jobs and college admissions for successful completion of the program for which assistance is sought; “(2) internship, work study, or apprenticeship programs; “(3) summer employment programs; “(4) occupational training programs; “(5) career opportunity and skills counseling; “(6) job placement services; “(7) the development of skill employment competency testing programs; “(8) special school staff training projects; and “(9) any other activity described in subsection (a). “SEC. 6007. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS. “(a) Distribution of Assistance.—The Secretary shall ensure that, to the extent practicable, in approving grant applications under this part— “(1) grants are equitably distributed on a geographic basis within each category set forth in section 6004(a); “(2) the amount of a grant to a local educational agency for a fiscal year is proportionate to the extent and severity of the local school dropout problem; “(3) not less than 30 percent of the amount available for grants in each fiscal year is used for activities relating to school dropout prevention; and “(4) not less than 30 percent of the amount available for grants in each fiscal year is used for activities relating to persuading school dropouts to return to school and assisting former school dropouts with specialized services once they return to school. “(b) Administrative Costs.—Not more than 5 percent of any grant made under this part may be used for administrative costs. “PART B—ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT “SEC. 6101. SHORT TITLE. “This part may be cited as the ‘Secondary Schools Basic Skills Demonstration Assistance Act of 1988’. “SEC. 6102. PURPOSE. “It is the purpose of this part to provide assistance to local educational agencies with high concentrations of children from low-income families to improve the achievement of educationally dis-advantaged children enrolled in the secondary schools of such agencies. “SEC. 6103. AUTHORIZATION OF APPROPRIATIONS. “There are authorized to be appropriated to carry out this part $200,000,000 for fiscal year 1989. 102 STAT. 271 “SEC. 6104. GRANTS TO LOCAL EDUCATIONAL AGENCIES. “(a) General Authority.—From the amount appropriated under section 6103 for any fiscal year the Secretary shall make grants to local educational agencies in accordance with the provisions of this part. “(b) Community-Based Organizations Rule.—Each local educational agency may carry out the activities described in section 6105 in cooperation with community-based organizations. “(c) Eligible Students.—Secondary school students who meet the requirements of part A of chapter 1 of title I of this Act other than the requirement of attendance in the designated school attendance area shall be eligible to participate in programs and activities assisted under this part. “SEC. 6105. AUTHORIZED ACTIVITIES. “(a) In General.—Funds made available under this part may be used— “(1) to initiate or expand programs designed to meet the special educational needs of secondary school students and to help such students attain grade level proficiency in basic skills, and, as appropriate, learn more advanced skills; “(2) to develop innovative approaches— “(A) for surmounting barriers that make secondary school programs under this part difficult for certain students to attend and difficult for secondary schools to administer, such as scheduling problems; and “(B) for courses leading to successful completion of the general educational development test or of graduation requirements; “(3) to develop and implement innovative programs involving community-based organizations or the private sector, or both, to provide motivational activities, preemployment training, or transition-to-work activities; “(4) to provide programs for eligible students outside the school, with the goal of reaching school dropouts who will not reenter the traditional school, for the purpose of providing compensatory education, basic skills education, or courses for general educational development; “(5) to use the resources of the community to assist in providing services to the target population; “(6) to provide training for staff who will work with the target population on strategies and techniques for identifying, instructing, and assisting such students; “(7) to provide guidance and counseling activities, support services, exploration of postsecondary educational opportunities, youth employment activities, and other pupil services which are necessary to assist eligible students; or “(8) to recruit, train, and supervise secondary school students (including the provision of stipends to students in greatest need of financial assistance) to serve as tutors of other students eligible for services under this part and under part A of chapter 1 of title I of this Act, in order to assist such eligible students with homework assignments, provide instructional activities, and foster good study habits and improved achievement. “(b) Limitation.—Not more than 25 percent of amounts available to a local educational agency under this part may be used by such 102 STAT. 272agency for noninstructional services such as those described in subsections (a)(3), (a)(5), and (a)(7). “SEC. 6106. APPLICATION. “(a) In General.—(1) A grant under this part may be made only to a local educational agency which submits an application to the Secretary containing or accompanied by such information as the Secretary may reasonably require. “(2) Applications shall be for a 1-year period. “(b) Contents of Application.—Each such application shall include— “(1) a description of the program goals and the manner in which funds will be used to initiate or expand services to secondary school students; “(2) a description of the activities and services which will be provided by the program (including documentation to demonstrate that the local educational agency has the qualified personnel needed to develop, administer, and implement the program under this part); “(3) a list of the secondary schools within the local educational agency in which programs will be conducted and a description of the needs of the schools, in terms of achievement levels of students and poverty rates; “(4) an assurance that programs will be operated in secondary schools with the greatest need for assistance, in terms of achievement levels and poverty rates; “(5) an assurance that parents of eligible students will be involved in the development and implementation of programs under this part; “(6) a statement of the methods which will be used— “(A) to ensure that the programs will serve eligible students most in need of the activities and services provided by this part; and “(B) an assurance that services will be provided under this part to special populations, such as individuals with limited English proficiency and individuals with handicaps; “(7) an assurance that the program will be of sufficient size, scope, and quality to offer reasonable promise of success; “(8) a description of the manner in which the agency will provide for equitable participation of private school students as provided under section 1017 of this Act; “(9) a description of the methods by which the applicant will coordinate programs under this part with programs for the eligible student population operated by community-based organizations, social service organizations and agencies, private sector entities, and other agencies, organizations, and institutions, and with programs conducted under the Carl D. Perkins Vocational Education Act, the Job Training Partnership Act, and other relevant Acts; and “(10) such other information as the Secretary may require to determine the nature and quality of the proposed project and the applicant’s ability to carry out the project. “(c) Approval of Applications.—(1) The Secretary shall, in approving applications under this section, give special consideration to programs that— “(A) demonstrate the greatest need for services assisted under this part based on their numbers or proportions of secondary 102 STAT. 273school children from low-income families and numbers or proportions of low-achieving secondary school children; and “(B) offer innovative approaches to improving achievement among eligible secondary school children and offer approaches which show promise for replication and dissemination. “(2) The Secretary shall ensure that programs for which applications are approved under this section are representative of urban and rural regions in the United States. “(d) Administrative Costs.—Not more than 5 percent of any grant under this part may be used for administrative costs. “PART C—GENERAL PROVISIONS “SEC. 6201. GENERAL PROVISIONS. “(a) Definition of School Dropout.—The Secretary shall, not later than 60 days after the date of the enactment of this title, establish a standard definition of a school dropout, after consultation with pertinent organizations and groups. If the Secretary has defined the term ‘school dropout’ for fiscal year 1988 that definition shall apply for the purposes of this section. “(b) Timely Award of Grants.—To the extent possible, for any fiscal year the Secretary shall award grants to local educational agencies and educational partnerships under this part not later than June 30 preceding such fiscal year. “(c) Grants Must Supplement Other Funds.—A local educational agency receiving Federal funds under this title shall use such Federal funds only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources or under provisions of Federal law other than this title for activities described in part A or part B of this title, as the case may be. “(d) Evaluation.—The Secretary shall evaluate programs operated with funds received under this title, and shall issue a report at the end of the grant period, but in no case later than January 30, 1991. “(e) Coordination and Dissemination.—The Secretary shall re-quire local educational agencies receiving grants under this title to cooperate with the coordination and dissemination efforts of the National Diffusion Network and State educational agencies. “(f) Audit.—The Comptroller General shall have access for the purpose of audit and examination to any books, documents, papers, and records of any local educational agency or educational partner-ship receiving assistance under this title that are pertinent to the sums received and disbursed under this title. “(g) Withholding Payments.—Whenever the Secretary, after reasonable notice and opportunity for a hearing to any local educational agency or educational partnership, finds that the local educational agency or educational partnership has failed to comply substantially with the provisions set forth in its application approved under section 6105 or section 6106, the Secretary shall withhold payments under this title in accordance with section 453 of the General Education Provisions Act until the Secretary is satisfied that there is no longer any failure to comply. “SEC. 6202. DEFINITIONS. “(a) As used in this title— 102 STAT. 274 “(1) The term ‘community-based organization’ means a private nonprofit organization which is representative of a community or significant segments of a community and which has a proven record of providing effective educational or related services to individuals in the community. “(2) The term ‘basic skills’ includes reading, writing, mathematics, and computational proficiency as well as comprehension and reasoning. “TITLE VII—BILINGUAL EDUCATION PROGRAMS “SEC. 7001. SHORT TITLE. “This title may be cited as the ‘Bilingual Education Act’. “SEC. 7002. POLICY: APPROPRIATIONS. “(a) Policy.—Recognizing— “(1) that there are large and growing numbers of children of limited English proficiency; “(2) that many of such children have a cultural heritage which differs from that of English proficient persons; “(3) that the Federal Government has a special and continuing obligation to assist in providing equal educational opportunity to limited English proficient children; “(4) that, regardless of the method of instruction, programs which serve limited English proficient students have the equally important goals of developing academic achievement and English proficiency; “(5) that the Federal Government has a special and continuing obligation to assist language minority students to acquire the English language proficiency that will enable them to become full and productive members of society; “(6) that the instructional use and development of a child’s non-English native language promotes student self-esteem, subject matter achievement, and English-language acquisition; “(7) that a primary means by which a child learns is through the use of such child’s native language and cultural heritage; “(8) that, therefore, large numbers of children of limited English proficiency have educational needs which can be met by the use of bilingual educational methods and techniques; “(9) that in some school districts establishment of bilingual education programs may be administratively impractical due to the presence of small numbers of students of a particular native language or because personnel who are qualified to provide bilingual instructional services are unavailable; “(10) that States and local school districts should be encouraged to determine appropriate curricula for limited English proficient students within their jurisdictions and to develop and implement appropriate instructional programs; “(11) that children of limited English proficiency have a high dropout rate and low median years of education; “(12) that the segregation of many groups of limited English proficient students remains a serious problem; “(13) that reliance on student evaluation procedures which are inappropriate for limited English proficient students have 102 STAT. 275resulted in the disproportionate representation of limited English proficient students in special education, gifted and talented, and other special programs; “(14) that there is a serious shortage of teachers and educational personnel who are professionally trained and qualified to serve children of limited English proficiency; “(15) that many schools fail to meet the full instructional needs of limited English proficient students who also may be handicapped or gifted and talented; “(16) that both limited English proficient children and children whose primary language is English can benefit from bilingual education programs, and that such programs help develop our national linguistic resources and promote our international competitiveness; “(17) that research, evaluation, and data collection capabilities in the field of bilingual education need to be strengthened so as to better identify and promote those programs and instructional practices which result in effective education; “(18) that parent and community participation in bilingual education programs contributes to program effectiveness; and “(19) that because of limited English proficiency, many adults are not able to participate fully in national life, and that limited English proficient parents are often not able to participate effectively in their children’s education, the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children and to promote educational excellence (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, (B) to encourage the establishment of special alternative instructional programs for students of limited English proficiency in school districts where the establishment of bilingual education programs is not practicable or for other appropriate reasons, and (C) for those purposes, to provide financial assistance to local educational agencies, and, for certain related purposes, to State educational agencies, institutions of higher education, and community organizations. The programs assisted under this title include programs in elementary and secondary schools as well as related preschool and adult programs which are designed to meet the educational needs of individuals of limited English proficiency, with particular attention to children having the greatest need for such programs. Such programs shall be designed to enable students to achieve full competence in English and to meet school grade-promotion and graduation requirements. Such programs may additionally provide for the development of student competence in a second language. “(b) Authorization.—(1) For the purpose of carrying out the provisions of this title, there are authorized to be appropriated, subject to paragraph (6), $200,000,000 for the fiscal year 1989 and such sums as may be necessary for the fiscal year 1990 and for each succeeding fiscal year ending prior to October 1, 1993. “(2) There are further authorized to be appropriated to carry out the provisions of section 7032, subject to paragraph (6), such sums as may be necessary for the fiscal year 1989 and each of the 4 succeeding fiscal years. “(3) From the sums appropriated under paragraph (1) for part A for any fiscal year, the Secretary may reserve not to exceed 25 percent for special alternative instructional programs and related 102 STAT. 276activities authorized under section 7021(a)(3) and may include programs under paragraphs (2), (4), (5), and (6) of section 7021(a). “(4) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve at least 60 percent for the programs carried out under part A of this title; and of this amount, at least 75 percent shall be reserved for the programs of transitional bilingual education carried out under section 7021(a)(1), and may include programs under paragraphs (2), (4), (5), and (6) of section 7021(a). “(5) From the sums appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve at least 25 percent for training activities carried out under part C. “(6) Notwithstanding paragraphs (1) and (2), no amount in excess of $200,000,000 may be appropriated for the fiscal year 1989 to carry out the provisions of this title (including section 7032). “(7) The reservation required by paragraph (3) shall not result in changing the terms, conditions, or negotiated levels of any grant awaited in fiscal year 1987 to which section 7021(d)(1)(A), 7021(d)(1)(C), or 7021(d)(2) applies. “SEC 7003. DEFINITIONS; REGULATIONS. “(a) General Rule.—The following definitions shall apply to the terms used in this title: “(1) The terms ‘limited English proficiency’ and ‘limited English proficient’ when used with reference to individuals means— “(A) individuals who were not born in the United States or whose native language is a language other than English; “(B) individuals who come from environments where a language other than English is dominant; and “(C) individuals who are American Indian and Alaska Natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency; and who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society. “(2) The term ‘native language’, when used with reference to an individual of limited English proficiency, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child. “(3) The term ‘low-income’ when used with respect to a family means an annual income for such a family which does not exceed the poverty level determined pursuant to section 1005(c)(2) of this Act. “(4)(A) The term ‘program of transitional bilingual education’ means a program of instruction, designed for children of limited English proficiency in elementary or secondary schools, which provides, with respect to the years of study to which such program is applicable, structured English language instruction, and, to the extent necessary to allow a child to achieve competence in the English language, instruction in the child’s native language. Such instruction shall incorporate the cultural heritage of such children and of other children in American society. Such instruction shall, to the extent necessary, be in all 102 STAT. 277courses or subjects of study which will allow a child to meet grade-promotion and graduation standards. “(B) In order to prevent the segregation of children on the basis of national origin in programs of transitional bilingual education, and in order to broaden the understanding of children about languages and cultural heritages other than their own, a program of transitional bilingual education may include the participation of children whose language is English, but in no event shall the percentage of such children exceed 40 percent. The program may provide for centralization of teacher training and curriculum development, but it shall serve such children in the schools which they normally attend. “(C) In such courses or subjects of study as art, music, and physical education, a program of transitional bilingual education shall make provision for the participation of children of limited English proficiency in regular classes. “(D) Children enrolled in a program of transitional bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of transitional bilingual education shall seek to insure that each child is provided with instruction which is appropriate for such child’s level of educational attainment. “(5)(A) The term ‘program of developmental bilingual education’ means a full-time program of instruction in elementary and secondary schools which provides, with respect to the years of study to which such program is applicable, structured English language instruction and instruction in a second language. Such programs shall be designed to help children achieve competence in English and a second language, while mastering subject matter skills. Such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to meet grade-promotion and graduation standards. “(B) Where possible, classes in programs of developmental bilingual education shall be comprised of approximately equal numbers of students whose native language is English and limited English proficient students whose native language is the second language of instruction and study in the program. “(6) The term ‘special alternative instructional programs’ means programs of instruction designed for children of limited English proficiency in elementary and secondary schools. Such programs are not transitional or developmental bilingual education programs, but have specially designed curricula and are appropriate for the particular linguistic and instructional needs of the children enrolled. Such programs shall provide, with respect to the years of study to which such program is applicable, structured English language instruction and special instructional services which will allow a child to achieve competence in the English language and to meet grade-promotion and graduation standards. “(7) The term ‘family English literacy program’ means a program of instruction designed to help limited English proficient adults and out-of-school youth achieve competence in the English language. Such programs of instruction may be conducted exclusively in English or in English and the student’s 102 STAT. 278native language. Where appropriate, such programs may include instruction on how parents and family members can facilitate the educational achievement of limited English proficient children. To the extent feasible, preference for participation in such programs shall be accorded to the parents and immediate family members of children enrolled in programs assisted under this title. Such programs of instruction may include instruction designed to enable aliens who are otherwise eligible for temporary resident status under section 245A of the Immigration and Nationality Act to achieve a minimal understanding of ordinary English and a knowledge and understanding of history and government of the United States as required by section 312 of such Act. “(8) The term ‘programs of academic excellence’ means programs of transitional bilingual education, developmental bilingual education, or special alternative instruction (A) which have an established record of providing effective, academically excel-lent instruction; and (B) which— “(i) can be used as models for effective schools for limited English proficient students to facilitate the dissemination and use of effective teaching practices for limited English proficient students; or “(ii) which are designed to serve as models of exemplary bilingual education programs and to facilitate the dissemination of effective bilingual educational practices. “(9) The term ‘Office’ means the Office of Bilingual Education and Minority Languages Affairs. “(10) The term ‘Director’ means the Director of the Office of Bilingual Education and Minority Languages Affairs. “(11) The term ‘Secretary’ means the Secretary of Education. “(12) The term ‘other programs for persons of limited English proficiency’ when used in this title means any programs within the Department of Education directly involving bilingual education activities serving persons of limited English proficiency, such as the programs carried out in coordination with the provisions of this title pursuant to part E of title IV of the Carl D. Perkins Vocational Education Act, and section 306(b)(11) of the Adult Education Act, and programs and projects serving individuals of limited English proficiency pursuant to section 6(b)(4) of the Library Services and Construction Act. “(b) Regulation Requirement.—(1) In prescribing regulations under this title, the Secretary shall consult with State and local educational agencies, organizations representing persons of limited English proficiency, and organizations representing teachers and other personnel involved in bilingual education. “(2) The Secretary shall not prescribe under this title any regulations further defining the terms defined in subsection (a), or any regulations restricting or expanding the definitions set out in subsection (a). “(c) Special Information Rule.—Parents of children participating in programs assisted under this title shall be informed of the instructional goals of the program and the progress of their children in such program. Every effort shall be made to provide the information to parents pursuant to this subsection in a language and form the parents understand. 102 STAT. 279 PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS “SEC. 7021. BILINGUAL EDUCATION PROGRAMS. “(a) Uses of Funds.—Funds available for grants under this part shall be used for the establishment, operation, and improvement of— “(1) programs of transitional bilingual education; “(2) programs of developmental bilingual education; “(3) special alternative instructional programs for students of limited English proficiency; “(4) programs of academic excellence; “(5) family English literacy programs; and “(6) bilingual preschool, special education, and gifted and talented programs preparatory or supplementary to programs such as those assisted under this Act. Programs under this subsection may use available funds to provide technology-based instruction to students in order to enhance the program. “(b) Applications.—(1) A grant may be made under subsection (a)(1), (a)(2), or (a)(3) of this section only upon application therefor by 1 or more local educational agencies or by institutions of higher education, including junior or community colleges, applying jointly with 1 or more local educational agencies. “(2) A grant may be made under subsection (a)(4), (a)(5), or (a)(6) only upon application by one or more local educational agencies; institutions of higher education, including junior or community colleges; or private nonprofit organizations, applying separately or jointly. “(c) Content of Application.—(1) Any application for a grant authorized under subsection (a) of this section shall be made to the Secretary at such time, and in such manner, as the Secretary considers appropriate. “(2) Applications for grants authorized under subsections (a)(1), (a)(2), and (a)(3) of this section shall contain information regarding— “(A) the number of children enrolled in programs conducted by the local educational agency; “(B) the number of children residing in the area served by the local educational agency who are enrolled in private schools; “(C)(i) the number of children enrolled in public and private schools in the area served by the local educational agency who are limited in their English proficiency; (ii) the method used by the applicant to make this determination; and (iii) evidence of the educational condition of the limited English proficient students, such as reading, mathematics, and subject matter test scores, and, where available, data on grade retention rates and student dropout rates; “(D) the number of limited English proficient children who are enrolled in instructional programs specifically designed to meet their educational needs, as well as descriptions of such programs; “(E) the number of limited English proficient children enrolled in public or private schools in the area served by the local educational agency who need or could benefit from education programs such as those assisted under this title; 102 STAT. 280 “(F) the number of children who are to receive instruction through the proposed program and the extent of their educational needs; “(G) a statement of the applicant’s ability to serve children of limited English proficiency, including an assessment of the qualifications of personnel who will participate in the proposed project and of the need for further training of such personnel; “(H) the resources needed to develop and operate or improve the proposed program; “(I) the activities which would be undertaken under the grant, including training of educational personnel and parents, and how these activities will improve the educational attainment of students and expand the capacity of the applicant to operate programs such as those assisted under this Act when Federal assistance under this section is no longer available; and “(J) the specific educational goals of the proposed program and how achievement of these goals will be measured. “(3) An application for a grant under subsection (a)(3) of this section shall receive priority if the application— “(A) describes the administrative impracticability of establishing a bilingual education program due to the presence of a small number of students of a particular native language, “(B) describes the unavailability of personnel qualified to provide bilingual instructional services, or “(C) is made on behalf of a local educational agency having a small number of limited English proficient students in the schools of such agency that because of isolation or regional location is unable to obtain a native language teacher. “(4) Applications for grants authorized under subsection (a)(4) shall contain information regarding— “(A) the number of children served by the existing bilingual education program and evidence of their educational condition prior to enrollment in the program; “(B) a description of the existing program as well as the educational background and linguistic competencies of program personnel; “(C) the extent to which the program has promoted student academic achievement as indicated by objective evidence, such as improvements in language, mathematics, and subject matter test scores; grade retention rates; student dropout rates; and, where appropriate, postsecondary education and employment experiences of students; “(D) the extent of parent involvement in and satisfaction with the existing bilingual education program; and “(E) how the activities carried out under the grant would utilize and promote programs of academic excellence which employ bilingual education practices, techniques, and methods. “(5) Applications for grants authorized under subsection (a)(5) shall contain information regarding— “(A) the number of limited English proficient parents and out-of-school family members of limited English proficient students who would be served by the English literacy program; “(B) the activities which would be undertaken under the grant and how these activities will promote English literacy and enable parents and family members to assist in the education of limited English proficient children; 102 STAT. 281 “(C) the extent to which the persons to be served by the program have been involved in its development; “(D) applicant’s prior experience and performance in providing educational programs to limited English proficient adults and out-of-school youth; “(E) with respect to applications by a local educational agency, the extent to which limited English proficient students enrolled in the educational agency are served by programs specifically designed to meet their needs; and “(F) with respect to other applicants, a description of how the applicant will coordinate its program with a local education agency to ensure that the program will help limited English proficient family members promote the academic progress of limited English proficient children. “(d) Duration of Grants.—(1)(A) Grants made pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section shall be for 3 years. “(B) During the first 12 months of grants made pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section, an applicant may engage exclusively in preservice activities. Such activities may include program design, materials development, staff recruitment and training, development of evaluation mechanisms and procedures, and the operation of programs to involve parents in the educational program and to enable parents and family members to assist in the education of limited English proficient children. “(C) Upon reapplication, grants authorized under subsections (a) (1), (2), and (3) of this section shall be renewed for 2 additional years unless the Secretary determines that— “(i) the applicant’s program does not comply with the requirements set out in this title; “(ii) the applicant’s program has not made substantial progress in achieving the specific educational goals set out in the original application; or “(iii) there is no longer a need for the applicant’s program. “(C) Parents or legal guardians of students identified for enrollment in bilingual education programs shall be informed of (i) the reasons for the selection of their child as in need of bilingual education, (ii) the alternative educational programs that are available, and (iii) the nature of the bilingual education program and of the instructional alternatives. Parents shall also be informed that they have the option of declining enrollment of their children in such programs and shall be given an opportunity to do so if they so choose. Every effort shall be made to provide the information to parents pursuant to this subsection in a language and form the parents understand. “(2) Grants made pursuant to subsections (a)(4), (a)(5), and (a)(6) shall be for 3 years. “(3)(A) No student may be enrolled in a bilingual program for which a grant is made under subsection (a)(1) or (a)(3) of this section for a period of more than 3 years, except where the school in which the student is enrolled— “(i) conducts a comprehensive evaluation of the overall academic progress of the student, and “(ii) the results of the evaluation indicate that lack of English proficiency is impeding the academic progress of the student in meeting grade promotion and graduation standards and, in the case of a handicapped child attainment of the objective in the child’s individualized education program. 102 STAT. 282 Any student with respect to whom the requirements of this paragraph are met, may remain in the program for a fourth year, except as provided in division (ii) of subparagraph (B). “(B)(i) The evaluation required by paragraph (A) shall involve teachers and school personnel familiar with the students’ overall academic progress. The results of such an evaluation shall be made available to the parents of the student. “(ii) An evaluation shall be carried out at the end of the fourth year the student is in the program described in subparagraph (A) if the student is to continue in the program for a fifth year and shall be conducted in accordance with division (i) of this subparagraph. “(iii) Each evaluation shall indicate how the students’ English language development will be addressed during the period a student is retained in the program. The students’ academic program during that period shall emphasize mastery of English. “(C) No student shall remain in a bilingual education program described in subparagraph (A) for more than 5 years. “(D) In carrying out this title, each local educational agency, institution of higher education, and private nonprofit organization having an application approved under this section may intensify instruction for limited English proficient students throughout the regular and any supplementary program by— “(i) expanding the educational calendar of the schools in which such student is enrolled to include programs before and after school and during the summer months; “(ii) lowering per pupil ratios, including the use of professional and volunteer aides; and “(iii) the application of technology to the course of instruction. “(e) Application Requirements.—An application for a grant authorized under subsections (a)(1), (a)(2), and (a)(3) of this section shall— “(1) be developed in consultation with an advisory council, of which a majority shall be parents and other representatives of the children to be served in such programs, in accordance with criteria prescribed by the Secretary; “(2) be accompanied by documentation of such consultation and by the comments which the council makes on the application; “(3) contain assurances that, after the application has been approved, the applicant will provide for the continuing consultation with, and participation by, the committee of parents, teachers, and other interested individuals which shall be selected by and predominantly composed of parents of children participating in the program, and in the case of programs carried out in secondary schools, representatives of the secondary students to be served; “(4) ensure applicant support for additional advisory council activities, if support is requested by the advisory council; and “(5) include evidence that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. “(f) Approval of Applications.—An application for a grant under subsections (a)(1), (a)(2), and (a)(3) of this section may be approved only if the Secretary determines— 102 STAT. 283 “(1) that the program will use qualified personnel, including only those personnel who are proficient in the language or languages used for instruction; “(2) that in designing the program for which application is made, the needs of the children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar type which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public schoolchildren; “(3) that the program will be evaluated in accordance with a plan that meets the requirements of section 7033 of this title; “(4) that student evaluation and assessment procedures in the program are appropriate for limited English proficiency students, and that limited English proficient students who are handicapped are identified and served in accordance with the requirements of the Education of the Handicapped Act; “(5) that Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of those Federal funds, would have been expended for special programs for children of limited English proficiency and in no case to supplant such State and local funds, except that nothing in this paragraph shall— “(A) preclude a local educational agency from using funds under this title for activities carried out under an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided such children; or “(B) authorize any priority or preference to be assigned by the Secretary to the funding of the activities under this title; “(6) that the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, which will be of sufficient size, scope, and quality to promise significant improvement in the education of children of limited English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this title is reduced or no longer available; “(7) that the applicant will provide or secure training for personnel participating, or preparing to participate, in the program which will assist them to meet State and local certification requirements and that, to the extent possible, college or university credit will be awarded for such training; and “(8) that the provision of assistance proposed in the application is consistent with criteria established by the Secretary, after consultation with the State educational agency, for the purpose of achieving an equitable distribution of assistance under this part within the State in which the applicant is located, taking into consideration— 102 STAT. 284 “(A) the geographic distribution of children of limited English proficiency; “(B) the relative need of persons in different geographic areas within the State for the kinds of services and activities authorized under this title; “(C) the relative ability of applicant local educational agencies within the State to provide needed services and activities; and “(D) the relative numbers of persons from low-income families who would benefit from the applicants’ programs; and “(9) that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. “(g) Priority Consideration of Grants.—An application for a grant under subsection (a)(3) of this section may receive priority based upon the information provided by the applicant pursuant to clause (A), (B), or (C) of subsection (c)(3) of this section. “(h) Priority for Programs Serving Underserved Children.—In the consideration of applications from local educational agencies to carry out programs authorized under this section, the Secretary shall give priority to applications from local educational agencies which are located in various geographical regions of the Nation and which propose to assist children of limited English proficiency who have historically been underserved by programs of bilingual education, taking into consideration the relative numbers of such children in the schools of such local educational agencies and the relative need for such programs. In approving such applications, the Secretary shall, to the extent feasible, allocate funds appropriated in proportion to the geographical distribution of children of limited English proficiency throughout the Nation, with due regard for the relative ability of particular local educational agencies to carry out such programs and the relative numbers of persons from low-income families who would benefit from such programs. “(i) Limitation on the Assignment of Students.—No action taken may involve the admission or exclusion of students to or from any federally assisted education programs merely on the basis of the surnames of such students. “(j) Programs in Puerto Rico.—Programs authorized under this title in the Commonwealth of Puerto Rico may, notwithstanding any other provision of this title, include programs of instruction, teacher training, curriculum development, research, evaluation, and testing designed to improve the English proficiency of children, and may also make provision for serving the needs of students of limited proficiency in Spanish. “(k) Bypass Provision.—If the Secretary determines that an applicant for assistance under this title is unable or unwilling to provide for the participation in the program for which assistance is sought of children of limited English proficiency enrolled in non-profit, private schools, as required by subsection (f)(2) of this section, the Secretary shall— “(1) withhold approval of such application until the applicant demonstrates that it is in compliance with those requirements; or “(2) reduce the amount of the grant to such applicant by the amount which is required for the Secretary to arrange (such as through a contract with a nonprofit, nonsectarian agency, 102 STAT. 285organization, or institution) to assess the needs of the children in the area to be served for programs of the type authorized in this title and to carry out such programs for the children. “SEC. 7022. INDIAN CHILDREN IN SCHOOLS. “(a) Eligible Entities.—For the purpose of carrying out programs under this title for individuals served by elementary, secondary, or postsecondary schools operated predominantly for Indian or Alaskan Native children, an Indian tribe or a tribally sanctioned educational authority may be considered to be a local educational agency as such term is used in this title, subject to the following qualifications: “(1) The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act (85 Stat. 688) which is recognized for the special programs and services provided by the United States to Indians because of their status as Indians. “(2) The term ‘tribally sanctioned educational authority’ means any department or division of education operating within the administrative structure of the duly constituted governing body of an Indian tribe, as well as any nonprofit institution or organization which is chartered by the governing body of an Indian tribe to operate any such school or otherwise to oversee delivery of educational services to members of that tribe and which is approved by the Secretary for the purposes of this section. “(b) Bureau of Indian Affairs Schools.—From the sums appropriated pursuant to section 7002(b), the Secretary is authorized to make payments to the applicants to carry out programs of bilingual education for Indian children on reservations served by elementary and secondary schools operated or funded by the Bureau of Indian Affairs. “(c) Annual Report.—The Assistant Secretary of the Interior for the Bureau of Indian Affairs shall submit to the Congress, the President, and the Secretary by September 30 of each year an annual report which provides— “(1) an assessment of the needs of the Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those tribes and local educational agencies receiving assistance under the Johnson-O’Malley Act (25 U.S.C. 452 et seq.); and “(2) an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior. “PART B—DATA COLLECTION, EVALUATION, AND RESEARCH “SEC. 7031. USE OF FUNDS. “Funds available under this part shall be used for (1) collecting data on the number of limited English proficient persons and the educational services available to such persons, (2) evaluating the operation and effectiveness of programs assisted under this title, (3) conducting research to improve the effectiveness of bilingual edu-102 STAT. 286cation programs, and (4) collecting, analyzing, and disseminating data and information on bilingual education. “SEC. 7032. GRANTS FOR STATE PROGRAMS. “(a) Data Collection and Dissemination.—Upon application from a State educational agency, the Secretary shall make provision for the submission and approval of a State program for the collection, aggregation, analysis, and publication of data and information on the State’s population of limited English proficient persons and the educational services provided or available to such persons. “(b) Report to Secretary.—State programs under this part shall provide for the annual submission of a report to the Secretary containing data and information on such matters as the Secretary shall, by regulation, determine necessary and proper to achieve the purposes of this title, including the matters specified in section 7021(c)(2). Such reports shall be in such form and shall be submitted on such date as the Secretary shall specify by regulation. State programs shall provide for the dissemination of information regarding these matters to the public, and particularly to persons of limited English proficiency. “(c) Other Uses of Funds.—State programs authorized under this section may also provide for— “(1) the planning and development of educational programs such as those assisted under this title; “(2) the review and evaluation of programs of bilingual education, including bilingual education programs that are not funded under this title; “(3) the provision, coordination, or supervision of technical and other forms of non financial assistance to local educational agencies, community organizations, and private elementary and secondary schools that serve limited English proficient persons; “(4) the development and administration of instruments and procedures for the assessment of the educational needs and competencies of persons of limited English proficiency; “(5) the training of State and local educational agency staff to carry out the purposes of this title; and “(6) other activities and services designed to build the capacity of State and local educational agencies to serve the educational needs of persons of limited English proficiency. “(d) Payments.—Except as provided in the second sentence of this subparagraph, the Secretary shall pay from the amounts appropriated for the purposes of this section pursuant to section 7002(b)(2) for each fiscal year to each State educational agency which has a State program submitted and approved under subsection (a) of this section such sums as may be necessary for the proper and efficient conduct of such State program. The amount paid by the Secretary to any State educational agency under the preceding sentence for any fiscal year may not be less than $75,000 nor greater than 5 percent of the aggregate of the amounts paid under section 7021 for programs within such State in the fiscal year preceding the fiscal year to which this limitation applies. “(e) Supplement Not Supplant.—Funds made available under this section for any fiscal year shall be used by the State educational agency to supplement and, to the extent practical, to increase the level of funds that would, in the absence of such funds, be made available by the State for the purposes described in this section, and in no case to supplant such funds. 102 STAT. 287 “SEC. 7033. PROGRAM EVALUATION REQUIREMENTS. “The Secretary shall issue, within 6 months of the date of enactment of this section, regulations which set forth a comprehensive design for evaluating the programs assisted under part A of this title. Such regulations shall be developed by the Director in consultation with State directors of bilingual education programs, the evaluation assistance centers authorized in section 7034, and individuals and organizations with expertise in testing and evaluation of educational programs for children of limited English proficiency. Such regulations shall provide for the collection of information and data including— “(1) the educational background, needs, and competencies of the limited English proficient persons served by the program; “(2) the specific educational activities undertaken pursuant to the program; the pedagogical materials, methods, and techniques utilized in the program; and, with respect to classroom activities, the relative amount of instructional time spent with students on specified tasks; “(3) the educational and professional qualifications, including language competencies, of the staff responsible for planning and operating the program; “(4) the specific activities undertaken to improve prereferral, evaluation procedures and instructional programs for limited English proficient children who may be handicapped or gifted and talented; and “(5) the extent of educational progress achieved through the program measured, as appropriate, by (A) tests of academic achievement in English language arts, and where appropriate, second language arts; (B) tests of academic achievement in subject matter areas; and (C) changes in the rate of student grade-retention, dropout, absenteeism, placement in programs for the gifted and talented, and enrollment in postsecondary education institutions. “SEC. 7034. EVALUATION ASSISTANCE CENTERS. “The Secretary shall establish, through competitive grants to institutions of higher education, at least 2 evaluation assistance centers. Such centers shall provide, upon the request of State or local educational agencies, technical assistance regarding methods and techniques for identifying the educational needs and competencies of limited English proficient persons and assessing the educational progress achieved through programs such as those assisted under this title. Grants made pursuant to this section shall be for a period of 3 years. “SEC. 7035. RESEARCH. “(a) Research and Development.—The Secretary shall, through competitive contracts under this section, provide financial assistance for research and development proposals submitted by institutions of higher education, private for-profit and nonprofit organizations, State and local educational agencies, and individuals. “(b) Authorized Activities.—Research activities authorized to be assisted under this section shall include— “(1) studies to determine and evaluate effective models for bilingual education programs; “(2) studies which examine the process by which individuals acquire a second language and master the subject matter skills 102 STAT. 288required for grade-promotion and graduation, and which identify effective methods for teaching English and subject matter skills within the context of a bilingual education program or special alternative instructional program to students who have language proficiencies other than English; “(3) longitudinal studies to measure the effect of this title on students enrolled in title VII programs (including a longitudinal study of the impact of bilingual education programs on limited-English proficient students using a nationally representative sample of the programs funded under this title and which provides information including data on grade retention, academic performance, and dropout rates); “(4) studies to determine effective and reliable methods for identifying students who are entitled to services under this title and for determining when their English language proficiency is sufficiently well developed to permit them to derive optimal benefits from an all-English instructional program; “(5) the operation of a clearinghouse which shall collect, analyze, and disseminate information about bilingual education and related programs (and coordinate its activities with the National Diffusion Network); “(6) studies to determine effective methods of teaching English to adults who have language proficiencies other than English; “(7) studies to determine and evaluate effective methods of instruction for bilingual programs, taking into account language and cultural differences among students; “(8) studies to determine effective approaches to preservice and inservice training for teachers, taking into account the language and cultural differences of their students; “(9) studies to determine effective and reliable techniques for providing bilingual education to handicapped students; “(10) studies to determine effective and reliable methods for identifying gifted and talented students who have language proficiencies other than English; and “(11) the effect of this title on the capacity of local educational agencies to operate bilingual programs following the termination of assistance under this title. “(c) Consultation and Delegation of Authority.—In carrying out the responsibilities of this section, the Secretary may delegate authority to the Director, and in any event, shall consult with the Director, representatives of State and local educational agencies, appropriate groups and organizations involved in bilingual education, the Committee on Labor and Human Resources of the Senate, and the Committee on Education and Labor of the House of Representatives. “(d) Publication of Proposals.—The Secretary shall publish and disseminate all requests for proposals in research and development assisted under this title. “(e) Limitation of Authority.—Nothing in this title shall be construed as authorizing the Secretary to conduct or support studies or analyses of the content of educational textbooks. “SEC. 7036. COORDINATION OF RESEARCH. “Notwithstanding section 405(b)(1) of the General Education Provisions Act, the Assistant Secretary for Educational Research and Improvement shall consult with the Director, the Committee on 102 STAT. 289Labor and Human Resources of the Senate, and the Committee on Education and Labor of the House of Representatives to ensure that research activities undertaken pursuant to section 405(b)(2)(C) of the General Education Provisions Act complement and do not duplicate the activities conducted pursuant to this part. “SEC. 7037. EDUCATION STATISTICS. “(a) Data Collection.—Notwithstanding section 406 of the General Education Provisions Act, the National Center for Education Statistics shall collect and publish, as part of its annual report on the condition of education, data for States, the Commonwealth of Puerto Rico, and the trust territories with respect to the population of limited English proficient persons, the special educational services and programs available to limited English proficient persons, and the availability of educational personnel qualified to provide special educational services and programs to limited English proficient persons. “(b) Use of Data.—In carrying out its responsibilities under this section, the National Center for Education Statistics shall utilize, to the extent feasible, data submitted to the Department of Education by State and local educational agencies and institutions of higher education pursuant to the provisions of this title as well as data collected on limited English proficient persons by other Federal agencies. “PART C—TRAINING AND TECHNICAL ASSISTANCE “SEC. 7041. USE OF FUNDS. “(a) Use of Funds.—Funds available under this part shall be used for— “(1) the establishment, operation, and improvement of training programs for educational personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education or special alternative instructional programs for limited English proficient students, which shall emphasize opportunities for career development, advancement, and lateral mobility, and may provide training to teachers, administrators, counselors, paraprofessionals, teacher aides, and parents; “(2) the training of persons to teach and counsel such persons; “(3) the encouragement of reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school faculties, as related to bilingual education; “(4) the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education or special alternative instructional programs for limited English proficient students; which may include summer programs designed to improve the instructional competence of educational personnel in the languages used in the program; and “(5) the provision of inservice training and technical assistance to parents and educational personnel participating in, or preparing to participate in, bilingual education programs or special alternative instructional programs for limited English proficient students. 102 STAT. 290 “(b) Applications.—(1) A grant or contract may be made under subsection (a)(1), (a)(2), or (a)(3) of this section upon application of an institution of higher education. “(2) A grant or contract may be made under subsection (a)(4) of this section upon application of (A) institutions of higher education (including junior colleges and community colleges) and private for-profit or nonprofit organizations which apply, after consultation with, or jointly with, one or more local educational agencies or a State educational agency; (B) local educational agencies; or (C) a State educational agency. “(3) A grant or contract may be made under subsection (a)(5) of this section upon application of (A) institutions of higher education (including junior colleges and community colleges), (B) private for-profit or nonprofit organizations, or (C) a State educational agency. “(c) Application Requirement for Training Programs.—An application for a grant or contract for preservice or inservice training activities described in subsection (a)(1) of this section shall be developed in consultation with an advisory council composed of representatives of State and local educational agencies within the applicant’s service area or geographic region which operate programs of bilingual education or special alternative instruction for limited English proficientstudents. “(d) Training Program Requirements.—A preservice or in-service training program funded under subsection (a)(1) shall assist educational personnel in meeting State and local certification requirements, and, whenever possible, should award college or university credit. “(e) Preference in Assistance and Purpose of Training.—(1) In making a grant or contract for preservice training programs described in subsection (a)(1) of this section, the Secretary shall give preference to programs which contain course work in— “(A) teaching English as a second language; “(B) use of a non-English language for instructional purposes; “(C) linguistics; and “(D) evaluation and assessment; and which involve parents in the educational process. “(2) Preservice training programs shall be designed to ensure that participants become proficient in English and a second language of instruction. “SEC. 7042. MULTIFUNCTIONAL RESOURCE CENTERS. “(a) Establishment.—Pursuant to subsection (a)(5) of section 7041, the Secretary shall establish, through competitive grants or contracts, at least 16 multifunctional resource centers (hereafter in this section referred to as ‘centers’). Grants and contracts shall be awarded with consideration given to the geographic and linguistic distribution of children of limited English proficiency. “(b) Required Services.—In addition to providing technical assistance and training to persons participating in or preparing to participate in bilingual education programs or special alternative instructional programs for limited English proficient students, each center shall be responsible for gathering and providing information to other centers on a particular area of bilingual education, including (but not limited to) bilingual special education, bilingual education for gifted and talented limited English proficient students, bilingual vocational education, bilingual adult education, bilingual education program administration, literacy, education technology in 102 STAT. 291bilingual programs, mathematics and science education in bilingual programs, counseling limited English proficient students, and career education programs for limited English proficient students. “SEC. 7043. FELLOWSHIPS. “(a) Authorization.—Pursuant to subsection (a)(2) of section 7041, the Secretary is authorized to award fellowships for advanced study of bilingual education or special alternative instructional programs for limited English proficient students in such areas as teacher training, program administration, research and evaluation, and curriculum development. For fiscal year 1989 and each of the 4 subsequent fiscal years, not less than 500 fellowships leading to a masters or doctorate degree shall be awarded under the preceding sentence. Such fellowships shall be awarded, to the extent feasible, in proportion to the needs of various groups of individuals with limited English proficiency. Tn awarding fellowships, the Secretary shall give preference to individuals intending to study bilingual education or special alternative instructional programs for limited English proficient students in the following specialized areas: vocational education, adult education, gifted and talented education, special education, education technology, literacy, and mathematics and science education. The Secretary shall include information on the operation of the fellowship program in the report required under section 7051(c) of this title. “(b) Fellowship Requirements.—Any person receiving a fellowship under this section shall agree either to repay such assistance or to work for a period equivalent to the period of time during which such person received assistance, and such work shall be in an activity related to programs and activities such as those authorized under this Act. The Secretary may waive this requirement in extraordinary circumstances. “SEC. 7044. PRIORITY. “In making grants or contracts under this part, the Secretary shall give priority to eligible applicants with demonstrated competence and experience in programs and activities such as those authorized under this Act. “SEC. 7045. STIPENDS. “In the terms of any arrangement described in this part, the Secretary shall provide for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as the Secretary may determine to be consistent with prevailing practices under comparable federally supported programs. PART D—ADMINISTRATION “SEC. 7051. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS. “(a) Establishment.—There shall be, in the Department of Education, an Office of Bilingual Education and Minority Languages Affairs (hereafter in this section referred to as the ‘Office’) through which the Secretary shall carry out functions relating to bilingual education. 102 STAT. 292 “(b) Director.—(1) The Office shall be headed by a Director of Bilingual Education and Minority Languages Affairs, appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for coordinating the bilingual education aspects of other programs administered by the Secretary. “(2) The Office shall be organized as the Director determines to be appropriate in order to enable the Director to carry out such functions and responsibilities effectively, except that there shall be a division, within the Office, which is exclusively responsible for the collection, aggregation, analysis, and publication of data and information on the operation and effectiveness of programs assisted under this title. “(3) The Director shall prepare and, not later than February 1 of each year, shall submit to Congress and the President a report on— “(A) the grants and contracts made pursuant to this title in the preceding fiscal year; “(B) the number of individuals benefiting from the programs assisted under this title; “(C) the evaluation of activities carried out under this title during the preceding 2 fiscal years and the extent to which each of such activities achieves the policy set forth in section 7002(a); “(D) an estimate of the number of fellowships in the field of training teachers for bilingual education which will be necessary for the 2 succeeding fiscal years; and “(E) the research activities carried out under such title during the preceding 2 fiscal years and the major findings of research studies. “(c) Coordination With Related Programs.—In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other programs administered by the Department of Education, including such areas as teacher training, program content, research, and curriculum. The Secretary’s report under section 6213 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 shall include demonstration that such coordination has taken place. “(d) Staffing Requirement.—The Secretary shall ensure that the Office of Bilingual Education and Minority Language Affairs is staffed with sufficient personnel trained, or with experience in, bilingual education to discharge effectively the provisions of this title. “(e) Reading and Scoring Applications.—For the purpose of reading and scoring applications for competitive grants authorized under parts A and C of this title, the Secretary shall use persons who are not otherwise employed by the Federal Government and who are experienced and involved in educational programs similar to those assisted under parts A and C of this title. The Secretary shall solicit nominations for application readers from State directors of bilingual education and may use funds appropriated for parts A and C of this title to pay for the application reading and scoring services required by this provision. 102 STAT. 293 “SEC. 7052. LIMITATION OF AUTHORITY. “The Secretary shall not impose restrictions on the availability or use of funds authorized under this title other than those set out in this title or other applicable Federal statutes and regulations. “PART E—TRANSITION “SEC. 7063. TRANSITION. “This title shall not apply to grants and contracts entered into under the Bilingual Education Act as in effect before October 1, 1988.”.