AMENDMENTS TO THE EVEN START PROGRAM.

SEC. 303. AMENDMENTS TO THE EVEN START PROGRAM. (a) Amendment to Part Heading.— The heading for part B of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.) is amended to read as follows: “PART B— EVEN START FAMILY LITERACY PROGRAMS”. (b) State Grant Program.— Section 1052 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2742) is amended— (1) in subsection (a), by striking “local educational agencies or consortia of such agencies” and inserting “eligible entities”; (2) in subsection (b)— (A) by inserting “(1)” before “In”; and (B) by adding at the end the following: “(2) In any fiscal year in which this subsection applies, no State shall award a grant under this part for an amount less than $75,000. “(3) In any year in which this subsection applies, each State that receives a grant under this part may use not more than 5 percent of assistance provided under the grant for costs of— “(A) administration; and “(B) the provision, through grant or contract, of technical assistance for program improvement and replication to eligible entities that receive grants under this part.”; (3) by redesignating subsection (c) as subsection (d); 105 STAT. 351 (4) by inserting after subsection (h) the following new subsection: “(c) Reservation.— From amounts appropriated for purposes of carrying out this part, the Secretary may reserve an amount equal to not more than 2 percent of such amounts or the amount reserved for such purposes in the fiscal year 1991, whichever is greater, for purposes of— “(1) carrying out the evaluation required by section 1058; and “(2) providing, through grant or contract, technical assistance for program improvement and replication to eligible entities that receive grants under this part.”; and (5) by amending subsection (d) (as redesignated by paragraph (3)) to read as follows: “(d) Definitions.— For the purpose of this part: “(1) The term 'eligible entity' means— “(A) a local educational agency applying in collaboration with a community-based organization, public agency, institution of higher education, or other nonprofit organization; or “(B) a community-based organization, or other nonprofit organization of demonstrated quality applying in collaboration with a local educational agency. “(2) The terms 'Indian tribe' and 'tribal organization' have the respective meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. “(3) The term 'State' includes each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.”. (c) Allocation.— Subsection (a) of section 1053 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2743) is amended to read as follows: “(a) Reservation for Migrant Programs and Territories.— (1) In each fiscal year in which section 1052(a) applies, the Secretary shall first reserve for programs consistent with the purpose of this part— ”(A) for programs for migrant children, which shall be conducted through the Office of Migrant Education, an amount equal to 3 percent of the amount appropriated for purposes of carrying out this part; and “(B) for allocations to Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658), and to Indian tribes and tribal organizations, an amount comparable to their relative need. “(2) In each fiscal year in which section 1052(b) applies, the Secretary shall first reserve for programs consistent with the purpose of this part, an amount equal to 5 percent of the amount appropriated for purposes of carrying out this part, of which— “(A) amounts shall be allocated for programs for migrant children, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 101(a) of Public Law 99–658), and Indian tribes and tribal organizations, according to their relative need; but 105 STAT. 352 “(B) in no case shall the amount reserved for programs for migrant children be less than the amount reserved for such programs in the preceding fiscal year.”. (d) Federal Share Limitation.— Section 1054 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2744) is amended— (1) in subsection (a), by striking “local educational agencies” and all that follows through “nonprofit organizations,” and inserting “an eligible entity”; (2) in paragraph (2) of subsection (b), by inserting after “counseling,” the following: “other developmental and support services,” and (3) in subsection (c)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (B) by inserting “(1)” before “The Federal share”; (C) in subparagraph (A) (as redesignated by subparagraph (A) of this paragraph), by striking “local educational agency” and inserting “eligible entity”; (D) by striking the last sentence and inserting the following: “The remaining cost may be provided in cash or in kind, fairly evaluated, and may be obtained from any source other than funds made available for programs under this chapter.”; and (E) by adding at the end the following: “(2) The Secretary (in any fiscal year in which section 1052(a) applies) or the State educational agency (in any fiscal year in which section 1052(b) applies) may waive, in whole or in part, the requirement that all or part of the remaining cost described in paragraph (1) be obtained from sources other than funds made available under this chapter if an eligible entity— “(A) demonstrates that it otherwise would not be able to participate in the program under this part; and “(B) negotiates an agreement with the Secretary or the State educational agency, as appropriate, with respect to the amount of the remaining cost to which the waiver would be applicable.”. (e) Eligible Participants.— Section 1055 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2745) is amended— (1) by striking “Eligible” and inserting the following: “(a) In General.—Except as provided in subsection (b), eligible”; (2) in paragraph (2) of subsection (a) (as designated by paragraph (1)), by striking “(aged 1 to 7,” and inserting “(from birth to age 7,”; and (3) by adding at the end the following: “(b) Continuation of Eligibility for Certain Participants.— Any family participating in the program under this part that becomes ineligible for such participation as a result of 1 or more members of the family becoming ineligible for such participation, may continue to participate in the program until all members of the family become ineligible for participation, which— “(1) in the case of a family in which ineligibility was due to the child or children of such family attaining the age of 8, shall be when the parent or parents become ineligible due to educational advancement; and “(2) in the case of a family in which ineligibility was due to the educational advancement of the parent or parents of such family, shall be when all children in the family attain the age of 8.”. 105 STAT. 353 (f) Applications.— Section 1056 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2746) is amended— (1) in subsection (a), by striking “a local educational agency” and inserting “an eligible entity”; and (2) in subsection (b), by striking “the local educational agency” and inserting “the eligible entity”. (g) Selection Process.— Section 1057 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2747) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively; (B) by inserting “(1)” before “The”; (C) in paragraph (1) (as designated by subparagraph (B) of this paragraph)— (i) by amending subparagraph (B) (as redesignated by subparagraph (A) of this paragraph) to read as follows: “(B) demonstrate that the area to be served by such program has a high percentage or a large number of children and adults who are in need of such services as indicated by high levels of poverty, illiteracy, unemployment, limited English proficiency, or other need-related indicators;”; (ii) in subparagraph (E) (as redesignated by subparagraph (A) of this paragraph), by striking “the local educational agency s” and inserting “the eligible entity's”; and (iii) by adding at the end the following: “(2) The review panel shall give priority for grants under this subsection to proposals which— “(A) make the demonstration described in paragraph (1)(B); and “(B) demonstrate an ability to operate an effective program.”; (2) by amending subsection (c) to read as follows: “(c) Distribution of Assistance.— (1) In approving grants under this part pursuant to section 1052(a), the Secretary shall ensure a representative distribution of assistance among the States and among urban and rural areas of the United States. “(2) In approving grants under this part pursuant to section 1052(b), the review panel shall ensure a representative distribution of assistance between urban and rural areas of the State.”; and (3) in paragraph (1) of subsection (d)— (A) by striking “a local educational agency” and inserting “an eligible entity”; and (B) by striking “such local educational agency” and inserting “such eligible entity”. (h) Authorization of Appropriations.— Section 1059 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2749) is amended to read as follows: