US (United States) Code. Title 20. Chapter 68: National Education Reform

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 68 - NATIONAL EDUCATION REFORM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

.

-HEAD-

CHAPTER 68 - NATIONAL EDUCATION REFORM

-MISC1-

Sec.

5801. Purpose.

5802. Definitions.

(a) Subchapters I, II, III, and X.

(b) Subchapters IV, V, VI, VII, VIII, and IX.

SUBCHAPTER I - NATIONAL EDUCATION GOALS

5811. Purpose.

5812. National Education Goals.

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

PART A - NATIONAL EDUCATION GOALS PANEL

5821 to 5827. Repealed.

PART B - LEADERSHIP IN EDUCATIONAL TECHNOLOGY

5861 to 5864. Repealed.

PART C - AUTHORIZATION OF APPROPRIATIONS

5871. Repealed.

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

5881 to 5891. Repealed.

5891a. Definitions.

5891b. Education flexibility partnership.

(a) Educational flexibility program.

(b) Included programs.

(c) Waivers not authorized.

(d) Treatment of Existing Ed-Flex Partnership States.

(e) Publication.

5892 to 5900. Repealed.

SUBCHAPTER IV - PARENTAL ASSISTANCE

5911 to 5918. Repealed.

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

5931. Short title.

5932. Purpose.

5933. Establishment of National Board.

(a) In general.

(b) Composition.

(c) Chairperson and Vice Chairpersons.

(d) Compensation and expenses.

(e) Executive Director and staff.

(f) Voluntary and uncompensated services.

(g) Agency support.

(h) Conflict of interest.

(i) Procurement of temporary and intermittent

services.

(j) Termination.

5934. Functions of National Board.

(a) Identification of occupational clusters.

(b) Establishment of voluntary partnerships to

develop standards.

(c) Research, dissemination, and coordination.

(d) Endorsement of skill standards systems.

(e) Relationship with civil rights laws.

(f) Financial assistance.

5935. Deadlines.

5936. Reports.

5937. Authorization of appropriations.

(a) In general.

(b) Availability.

5938. Definitions.

5939. Sunset provision.

(a) Repeal.

(b) Review of repeal.

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM

5951. Repealed.

SUBCHAPTER VII - SAFE SCHOOLS

5961. Short title; statement of purpose.

(a) Short title.

(b) Statement of purpose.

5962. Safe schools program authorized.

(a) Authority.

(b) Authorization of appropriations and reservation.

5963. Eligible applicants.

(a) In general.

(b) Priority.

5964. Applications and plans.

(a) Application.

(b) Plan.

5965. Use of funds.

(a) In general.

(b) Limitations.

5966. National activities.

(a) National activities.

(b) National model city.

5967. Reports.

(a) Report to Secretary.

(b) Report to Congress.

5968. Coordination of Federal assistance.

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

5981. Short title.

5982. Purposes.

5983. Grants authorized; authorization of appropriations.

(a) Grants authorized.

(b) Authorization of appropriations.

5984. Definitions.

5985. Applications.

(a) Aplication required.

(b) Contents of application.

(c) Priority.

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

6001. Short title.

6002. Findings.

PART A - GENERAL PROVISIONS REGARDING OFFICE OF EDUCATIONAL

RESEARCH AND IMPROVEMENT

6011. Repealed.

PART B - NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD

6021. Repealed.

PART C - NATIONAL RESEARCH INSTITUTES

6031. Repealed.

PART D - NATIONAL EDUCATION DISSEMINATION SYSTEM

6041. Repealed.

PART E - NATIONAL LIBRARY OF EDUCATION

6051. Repealed.

PART F - CERTAIN MULTIYEAR GRANTS AND CONTRACTS

6052. Continuation of awards.

(a) In general.

(b) Authorization of appropriations.

PART G - COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

6053 to 6053e. Repealed.

PART H - NATIONAL DIFFUSION NETWORK

6054 to 6054b. Repealed.

PART I - EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIA

6055 to 6055h. Repealed.

PART J - TECHNOLOGY-BASED TECHNICAL ASSISTANCE

6056, 6056a. Repealed.

SUBCHAPTER X - MISCELLANEOUS

PART A - MISCELLANEOUS PROVISIONS

6061. School prayer.

6062. Funding for Individuals with Disabilities Education Act.

(a) Findings.

(b) Sense of Congress.

6063. Study of Goals 2000 and students with disabilities.

(a) Study required.

(b) Study components.

(c) Study panel membership.

(d) Findings and recommendations.

(e) Funding.

6064. Contraceptive devices.

6065. Assessments.

(a) Subchapter II.

(b) Subchapter III.

6066. Public schools.

6067. Sense of Congress.

PART B - ENVIRONMENTAL TOBACCO SMOKE

6081. Short title.

6082. Definitions.

6083. Nonsmoking policy for children's services.

(a) Prohibition.

(b) Additional prohibition.

(c) Federal agencies.

(d) Notice.

(e) Special waiver.

(f) Civil penalties.

6084. Preemption.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6102, 6103, 6112, 6123,

6124, 6143, 6144, 8857 of this title.

-CITE-

20 USC Sec. 5801 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

-HEAD-

Sec. 5801. Purpose

-STATUTE-

The purpose of this chapter is to provide a framework for meeting

the National Education Goals established by subchapter I of this

chapter by -

(1) promoting coherent, nationwide, systemic education reform;

(2) improving the quality of learning and teaching in the

classroom and in the workplace;

(3) defining appropriate and coherent Federal, State, and local

roles and responsibilities for education reform and lifelong

learning;

(4) establishing valid and reliable mechanisms for -

(A) building a broad national consensus on American education

reform;

(B) assisting in the development and certification of

high-quality, internationally competitive content and student

performance standards; and

(C) assisting in the development and certification of

high-quality assessment measures that reflect the

internationally competitive content and student performance

standards;

(5) supporting new initiatives at the Federal, State, local,

and school levels to provide equal educational opportunity for

all students to meet high academic and occupational skill

standards and to succeed in the world of employment and civic

participation;

(6) providing a framework for the reauthorization of all

Federal education programs by -

(A) creating a vision of excellence and equity that will

guide all Federal education and related programs;

(B) providing for the establishment of high-quality,

internationally competitive content and student performance

standards and strategies that all students will be expected to

achieve;

(C) encouraging and enabling all State educational agencies

and local educational agencies to develop comprehensive

improvement plans that will provide a coherent framework for

the implementation of reauthorized Federal education and

related programs in an integrated fashion that effectively

educates all children to prepare them to participate fully as

workers, parents, and citizens;

(D) providing resources to help individual schools, including

those serving students with high needs, develop and implement

comprehensive improvement plans; and

(E) promoting the use of technology to enable all students to

achieve the National Education Goals;

(7) stimulating the development and adoption of a voluntary

national system of skill standards and certification to serve as

a cornerstone of the national strategy to enhance workforce

skills; and

(8) assisting every elementary and secondary school that

receives funds under this chapter to actively involve parents and

families in supporting the academic work of their children at

home and in providing parents with skills to advocate for their

children at school.

-SOURCE-

(Pub. L. 103-227, Sec. 2, Mar. 31, 1994, 108 Stat. 128; Pub. L.

104-134, title I, Sec. 101(d) (title VII, Sec. 703(a)(2)), Apr. 26,

1996, 110 Stat. 1321-211, 1321-252; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note below

and Tables.

-MISC2-

AMENDMENTS

1996 - Par. (4)(B) to (D). Pub. L. 104-134, Sec. 101(d) (title

VII, Sec. 703(a)(2)(A)), inserted ''and'' at end of subpar. (B),

redesignated subpar. (D) as (C), and struck out former subpar. (C)

which read as follows: ''assisting in the development and

certification of opportunity-to-learn standards; and''.

Par. (6)(C) to (F). Pub. L. 104-134, Sec. 101(d) (title VII, Sec.

703(a)(2)(B)), redesignated subpars. (D) to (F) as (C) to (E),

respectively, and struck out former subpar. (C) which read as

follows: ''providing for the establishment of high-quality,

internationally competitive opportunity-to-learn standards that all

States, local educational agencies, and schools should achieve;''.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-25, Sec. 1, Apr. 29, 1999, 113 Stat. 41, provided

that: ''This Act (enacting sections 5891a and 5891b of this title,

amending section 1415 of this title, and enacting provisions set

out as notes under sections 1415 and 5891a of this title) may be

cited as the 'Education Flexibility Partnership Act of 1999'.''

SHORT TITLE

Section 1(a) of Pub. L. 103-227 provided that: ''This Act (other

than titles V and IX) (enacting this chapter (other than

subchapters V and IX) and sections 3351 and 3425 of this title,

amending sections 1107, 1221e-1, 1232h, 2421, 3381 to 3384, 3386,

and 5093 of this title, section 5315 of Title 5, Government

Organization and Employees, sections 1632, 1633, and 1635 of Title

29, Labor, and section 11903a of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under sections

5093 and 6301 of this title and section 11901 of Title 42) may be

cited as the 'Goals 2000: Educate America Act'.''

-CITE-

20 USC Sec. 5802 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

-HEAD-

Sec. 5802. Definitions

-STATUTE-

(a) Subchapters I, II, III, and X

As used in subchapters I, II, III, and X of this chapter -

(1) the terms ''all students'' and ''all children'' mean

students or children from a broad range of backgrounds and

circumstances, including disadvantaged students and children,

students or children with diverse racial, ethnic, and cultural

backgrounds, American Indians, Alaska Natives, Native Hawaiians,

students or children with disabilities, students or children with

limited-English proficiency, school-aged students or children who

have dropped out of school, migratory students or children, and

academically talented students and children;

(2) the term ''Bureau'', unless otherwise provided, means the

Bureau of Indian Affairs;

(3) the terms ''community'', ''public'', and ''advocacy group''

include representatives of organizations advocating for the

education of American Indian, Alaska Native, and Native Hawaiian

children and Indian tribes;

(4) the term ''content standards'' means broad descriptions of

the knowledge and skills students should acquire in a particular

subject area;

(5) the term ''Governor'' means the chief executive of the

State;

(6) the terms ''local educational agency'' and ''State

educational agency'' have the meaning given such terms in section

8801 of this title; (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(7) the term ''outlying areas'' means Guam, American Samoa, the

Virgin Islands, the Commonwealth of the Northern Mariana Islands,

Palau (until the effective date of the Compact of Free

Association with the Government of Palau), the Republic of the

Marshall Islands, and the Federated States of Micronesia;

(8) the term ''performance standards'' means concrete examples

and explicit definitions of what students have to know and be

able to do to demonstrate that such students are proficient in

the skills and knowledge framed by content standards;

(9) the term ''related services'' has the same meaning given

such term under section 1401(a)(17) (FOOTNOTE 1) of this title;

(10) the term ''State assessment'' means measures of student

performance which include at least 1 instrument of evaluation,

and may include other measures of student performance, for a

specific purpose and use which are intended to evaluate the

progress of all students in the State toward learning the

material in State content standards in 1 or more subject areas;

(11) the term ''school'' means a public school that is under

the authority of the State educational agency or a local

educational agency or, for the purpose of carrying out section

5895(b) (FOOTNOTE 1) of this title, a school that is operated or

funded by the Bureau;

(12) the term ''Secretary'', unless otherwise provided, means

the Secretary of Education; and

(13) the term ''State'', unless otherwise provided, means each

of the 50 States, the District of Columbia, the Commonwealth of

Puerto Rico, and each of the outlying areas.

(b) Subchapters IV, V, VI, VII, VIII, and IX

For the purpose of subchapters IV, V, VI, VII, VIII, and IX of

this chapter -

(1) except as provided in paragraph (3) and unless otherwise

provided, the terms used in such subchapters have the same

meanings given such terms in section 8801 of this title;

(FOOTNOTE 1)

(2) the term ''Bureau'', unless otherwise provided, means the

Bureau of Indian Affairs; and

(3) the term ''Secretary'', unless otherwise provided, means

the Secretary of Education.

-SOURCE-

(Pub. L. 103-227, Sec. 3, Mar. 31, 1994, 108 Stat. 129; Pub. L.

103-382, title III, Sec. 394(f)(1), Oct. 20, 1994, 108 Stat. 4027;

Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec. 703(a)(3)),

Apr. 26, 1996, 110 Stat. 1321-211, 1321-252; renumbered title I,

Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters I to X, referred to in text, were in the original

references to titles I to X of Pub. L. 103-227, Mar. 31, 1994, 108

Stat. 131-265. Titles I, V, VI, and VIII are classified generally

to subchapters I (Sec. 5811 et seq.), V (Sec. 5931 et seq.), VI

(Sec. 5951), and VIII (Sec. 5981 et seq.), respectively, of this

chapter. Title II enacted subchapter II (Sec. 5821 et seq.) of

this chapter and section 3425 of this title, amended section 5093

of this title and section 5315 of Title 5, Government Organization

and Employees, and enacted provisions set out as a note under

section 5093 of this title. Title VII enacted subchapter VII (Sec.

5961 et seq.) of this chapter and amended section 1221e-1 of this

title. Titles III and IV were classified generally to subchapters

III (Sec. 5881 et seq.) and IV (Sec. 5911 et seq.), respectively,

of this chapter and were repealed by Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat. 1535,

1501A-265. Section 5895(b) of this title was repealed by Pub. L.

106-113. Title IX enacted subchapter IX (Sec. 6001 et seq.) of this

chapter, amended sections 2422, 3155, 3412, 3419, 3462, and 4085b

of this title, repealed section 1221e of this title, and enacted

provisions set out as notes under sections 1221e and 3155 of this

title. Title X enacted subchapter X (Sec. 6061 et seq.) of this

chapter and section 3351 of this title, amended sections 1107,

1232h, 2421, 3381 to 3384, and 3386 of this title, sections 1632,

1633, and 1635 of Title 29, Labor, and section 11903a of Title 42,

The Public Health and Welfare, and enacted provisions set out as

notes under section 6301 of this title and section 11901 of Title

42. For complete classification of titles I to X to the Code, see

Tables.

Section 8801 of this title, referred to in subsecs. (a)(6) and

(b)(1), was repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C),

Jan. 8, 2002, 115 Stat. 1986.

For Oct. 1, 1994, as the date the Compact of Free Association

with the Government of Palau takes effect, referred to in subsec.

(a)(7), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out

as a note under section 1931 of Title 48, Territories and Insular

Possessions.

Section 1401(a)(17) of this title, referred to in subsec. (a)(9),

was in the original a reference to section 602(a)(17) of the

Individuals with Disabilities Education Act, Pub. L. 91-230, title

VI. Section 602 of Pub. L. 91-230 was omitted in the general

amendment of subchapter I of chapter 33 of this title by Pub. L.

105-17, title I, Sec. 101, June 4, 1997, 111 Stat. 37. Pub. L.

105-17 enacted a new section 602 of Pub. L. 91-230, which is

classified to section 1401 of this title, and which contains

provisions defining ''related services''.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(7) to (14). Pub. L. 104-134 redesignated pars.

(8) to (14) as (7) to (13), respectively, and struck out former

par. (7) which read as follows: ''the term 'opportunity-to-learn

standards' means the criteria for, and the basis of, assessing the

sufficiency or quality of the resources, practices, and conditions

necessary at each level of the education system (schools, local

educational agencies, and States) to provide all students with an

opportunity to learn the material in voluntary national content

standards or State content standards;''.

1994 - Subsec. (a)(6). Pub. L. 103-382, Sec. 394(f)(1)(A)(i),

substituted ''section 8801'' for ''section 2891''.

Subsec. (a)(10). Pub. L. 103-382, Sec. 394(f)(1)(A)(ii),

substituted ''section 1401(a)(17)'' for ''section 1401''.

Subsec. (b)(1). Pub. L. 103-382, Sec. 394(f)(1)(B), substituted

''section 8801'' for ''section 2891''.

-CITE-

20 USC SUBCHAPTER I - NATIONAL EDUCATION GOALS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER I - NATIONAL EDUCATION GOALS

.

-HEAD-

SUBCHAPTER I - NATIONAL EDUCATION GOALS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5801, 5802, 5881, 6102

of this title.

-CITE-

20 USC Sec. 5811 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER I - NATIONAL EDUCATION GOALS

-HEAD-

Sec. 5811. Purpose

-STATUTE-

The purpose of this subchapter is to establish National Education

Goals.

-SOURCE-

(Pub. L. 103-227, title I, Sec. 101, Mar. 31, 1994, 108 Stat. 130.)

-CITE-

20 USC Sec. 5812 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER I - NATIONAL EDUCATION GOALS

-HEAD-

Sec. 5812. National Education Goals

-STATUTE-

The Congress declares that the National Education Goals are the

following:

(1) School readiness

(A) By the year 2000, all children in America will start school

ready to learn.

(B) The objectives for this goal are that -

(i) all children will have access to high-quality and

developmentally appropriate preschool programs that help

prepare children for school;

(ii) every parent in the United States will be a child's

first teacher and devote time each day to helping such parent's

preschool child learn, and parents will have access to the

training and support parents need; and

(iii) children will receive the nutrition, physical activity

experiences, and health care needed to arrive at school with

healthy minds and bodies, and to maintain the mental alertness

necessary to be prepared to learn, and the number of

low-birthweight babies will be significantly reduced through

enhanced prenatal health systems.

(2) School completion

(A) By the year 2000, the high school graduation rate will

increase to at least 90 percent.

(B) The objectives for this goal are that -

(i) the Nation must dramatically reduce its school dropout

rate, and 75 percent of the students who do drop out will

successfully complete a high school degree or its equivalent;

and

(ii) the gap in high school graduation rates between American

students from minority backgrounds and their non-minority

counterparts will be eliminated.

(3) Student achievement and citizenship

(A) By the year 2000, all students will leave grades 4, 8, and

12 having demonstrated competency over challenging subject matter

including English, mathematics, science, foreign languages,

civics and government, economics, arts, history, and geography,

and every school in America will ensure that all students learn

to use their minds well, so they may be prepared for responsible

citizenship, further learning, and productive employment in our

Nation's modern economy.

(B) The objectives for this goal are that -

(i) the academic performance of all students at the

elementary and secondary level will increase significantly in

every quartile, and the distribution of minority students in

each quartile will more closely reflect the student population

as a whole;

(ii) the percentage of all students who demonstrate the

ability to reason, solve problems, apply knowledge, and write

and communicate effectively will increase substantially;

(iii) all students will be involved in activities that

promote and demonstrate good citizenship, good health,

community service, and personal responsibility;

(iv) all students will have access to physical education and

health education to ensure they are healthy and fit;

(v) the percentage of all students who are competent in more

than one language will substantially increase; and

(vi) all students will be knowledgeable about the diverse

cultural heritage of this Nation and about the world community.

(4) Teacher education and professional development

(A) By the year 2000, the Nation's teaching force will have

access to programs for the continued improvement of their

professional skills and the opportunity to acquire the knowledge

and skills needed to instruct and prepare all American students

for the next century.

(B) The objectives for this goal are that -

(i) all teachers will have access to preservice teacher

education and continuing professional development activities

that will provide such teachers with the knowledge and skills

needed to teach to an increasingly diverse student population

with a variety of educational, social, and health needs;

(ii) all teachers will have continuing opportunities to

acquire additional knowledge and skills needed to teach

challenging subject matter and to use emerging new methods,

forms of assessment, and technologies;

(iii) States and school districts will create integrated

strategies to attract, recruit, prepare, retrain, and support

the continued professional development of teachers,

administrators, and other educators, so that there is a highly

talented work force of professional educators to teach

challenging subject matter; and

(iv) partnerships will be established, whenever possible,

among local educational agencies, institutions of higher

education, parents, and local labor, business, and professional

associations to provide and support programs for the

professional development of educators.

(5) Mathematics and science

(A) By the year 2000, United States students will be first in

the world in mathematics and science achievement.

(B) The objectives for this goal are that -

(i) mathematics and science education, including the metric

system of measurement, will be strengthened throughout the

system, especially in the early grades;

(ii) the number of teachers with a substantive background in

mathematics and science, including the metric system of

measurement, will increase by 50 percent; and

(iii) the number of United States undergraduate and graduate

students, especially women and minorities, who complete degrees

in mathematics, science, and engineering will increase

significantly.

(6) Adult literacy and lifelong learning

(A) By the year 2000, every adult American will be literate and

will possess the knowledge and skills necessary to compete in a

global economy and exercise the rights and responsibilities of

citizenship.

(B) The objectives for this goal are that -

(i) every major American business will be involved in

strengthening the connection between education and work;

(ii) all workers will have the opportunity to acquire the

knowledge and skills, from basic to highly technical, needed to

adapt to emerging new technologies, work methods, and markets

through public and private educational, vocational, technical,

workplace, or other programs;

(iii) the number of quality programs, including those at

libraries, that are designed to serve more effectively the

needs of the growing number of part-time and midcareer students

will increase substantially;

(iv) the proportion of the qualified students, especially

minorities, who enter college, who complete at least two years,

and who complete their degree programs will increase

substantially;

(v) the proportion of college graduates who demonstrate an

advanced ability to think critically, communicate effectively,

and solve problems will increase substantially; and

(vi) schools, in implementing comprehensive parent

involvement programs, will offer more adult literacy, parent

training and life-long learning opportunities to improve the

ties between home and school, and enhance parents' work and

home lives.

(7) Safe, disciplined, and alcohol- and drug-free schools

(A) By the year 2000, every school in the United States will be

free of drugs, violence, and the unauthorized presence of

firearms and alcohol and will offer a disciplined environment

conducive to learning.

(B) The objectives for this goal are that -

(i) every school will implement a firm and fair policy on

use, possession, and distribution of drugs and alcohol;

(ii) parents, businesses, governmental and community

organizations will work together to ensure the rights of

students to study in a safe and secure environment that is free

of drugs and crime, and that schools provide a healthy

environment and are a safe haven for all children;

(iii) every local educational agency will develop and

implement a policy to ensure that all schools are free of

violence and the unauthorized presence of weapons;

(iv) every local educational agency will develop a

sequential, comprehensive kindergarten through twelfth grade

drug and alcohol prevention education program;

(v) drug and alcohol curriculum should be taught as an

integral part of sequential, comprehensive health education;

(vi) community-based teams should be organized to provide

students and teachers with needed support; and

(vii) every school should work to eliminate sexual

harassment.

(8) Parental participation

(A) By the year 2000, every school will promote partnerships

that will increase parental involvement and participation in

promoting the social, emotional, and academic growth of children.

(B) The objectives for this Goal are that -

(i) every State will develop policies to assist local schools

and local educational agencies to establish programs for

increasing partnerships that respond to the varying needs of

parents and the home, including parents of children who are

disadvantaged or bilingual, or parents of children with

disabilities;

(ii) every school will actively engage parents and families

in a partnership which supports the academic work of children

at home and shared educational decisionmaking at school; and

(iii) parents and families will help to ensure that schools

are adequately supported and will hold schools and teachers to

high standards of accountability.

-SOURCE-

(Pub. L. 103-227, title I, Sec. 102, Mar. 31, 1994, 108 Stat. 130.)

-CITE-

20 USC SUBCHAPTER II - NATIONAL EDUCATION REFORM

LEADERSHIP, STANDARDS, AND ASSESSMENTS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

.

-HEAD-

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5802, 5934, 6065 of

this title.

-CITE-

20 USC Part A - National Education Goals Panel 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part A - National Education Goals Panel

.

-HEAD-

Part A - National Education Goals Panel

-CITE-

20 USC Sec. 5821 to 5827 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part A - National Education Goals Panel

-HEAD-

Sec. 5821 to 5827. Repealed. Pub. L. 107-110, title X, Sec.

1011(4)(A), Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section 5821, Pub. L. 103-227, title II, Sec. 201, Mar. 31, 1994,

108 Stat. 133; Pub. L. 104-134, title I, Sec. 101(d) (title VII,

Sec. 703(a)(4)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-252;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, set forth purpose of part.

Section 5822, Pub. L. 103-227, title II, Sec. 202, Mar. 31, 1994,

108 Stat. 134; Pub. L. 104-134, title I, Sec. 101(d) (title VII,

Sec. 703(a)(5)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-252;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, established National Education Goals Panel.

Section 5823, Pub. L. 103-227, title II, Sec. 203, Mar. 31, 1994,

108 Stat. 136; Pub. L. 104-134, title I, Sec. 101(d) (title VII,

Sec. 703(a)(6)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-252;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, set forth duties of Panel.

Section 5824, Pub. L. 103-227, title II, Sec. 204, Mar. 31, 1994,

108 Stat. 136; Pub. L. 103-382, title III, Sec. 361(b)(1), Oct. 20,

1994, 108 Stat. 3974; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(7)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-252;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to powers of Panel.

Section 5825, Pub. L. 103-227, title II, Sec. 205, Mar. 31, 1994,

108 Stat. 137, set forth administrative provisions.

Section 5826, Pub. L. 103-227, title II, Sec. 206, Mar. 31, 1994,

108 Stat. 138, related to appointment of Director and staff and

procurement of experts and consultants.

Section 5827, Pub. L. 103-227, title II, Sec. 207, Mar. 31, 1994,

108 Stat. 138, related to assessment of readiness of children for

school.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as an Effective Date note under section

6301 of this title.

-CITE-

20 USC Part B - Leadership in Educational Technology 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part B - Leadership in Educational Technology

.

-HEAD-

Part B - Leadership in Educational Technology

-MISC1-

PRIOR PROVISIONS

A prior part B, consisting of sections 5841 to 5851 of this

title, was repealed by Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 701(1)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-251;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327.

Section 5841, Pub. L. 103-227, title II, Sec. 211, Mar. 31, 1994,

108 Stat. 139, stated purpose.

Section 5842, Pub. L. 103-227, title II, Sec. 212, Mar. 31, 1994,

108 Stat. 139, established National Education Standards and

Improvement Council and provided for composition, appointment rules

and qualifications, terms, date of appointment, initiation of

duties, retention of appointment, vacancy, compensation, conflict

of interest, travel, and officers.

Section 5843, Pub. L. 103-227, title II, Sec. 213, Mar. 31, 1994,

108 Stat. 142, related to duties of Council.

Section 5844, Pub. L. 103-227, title II, Sec. 214, Mar. 31, 1994,

108 Stat. 147, required Council to submit annual reports to

President, Secretary, appropriate committees of Congress, Governor

of each State, and Goals Panel regarding its work.

Section 5845, Pub. L. 103-227, title II, Sec. 215, Mar. 31, 1994,

108 Stat. 147; Pub. L. 103-382, title III, Sec. 361(b)(2), Oct. 20,

1994, 108 Stat. 3975, related to powers of Council.

Section 5846, Pub. L. 103-227, title II, Sec. 216, Mar. 31, 1994,

108 Stat. 148, related to publication in Federal Register for

public comment of certain proposed procedures, standards, and

criteria.

Section 5847, Pub. L. 103-227, title II, Sec. 217, Mar. 31, 1994,

108 Stat. 148, contained administrative provisions relating to

Council, including provisions relating to meetings, quorum, voting,

and public access.

Section 5848, Pub. L. 103-227, title II, Sec. 218, Mar. 31, 1994,

108 Stat. 149, related to Council Director and staff, and use of

experts and consultants and staffs of Federal agencies.

Section 5849, Pub. L. 103-227, title II, Sec. 219, Mar. 31, 1994,

108 Stat. 149, related to opportunity-to-learn development grants.

Section 5850, Pub. L. 103-227, title II, Sec. 220, Mar. 31, 1994,

108 Stat. 150, related to assessment development and evaluation

grants.

Section 5851, Pub. L. 103-227, title II, Sec. 221, Mar. 31, 1994,

108 Stat. 151, required Secretary to make grant, in amount not to

exceed $500,000, to National Academy of Sciences or National

Academy of Education to evaluate technical quality of work

performed, and certain processes used, by Goals Panel and Council,

and required recipient of grant to submit final report to Congress,

Secretary, and the public regarding activities assisted under this

section not later than Jan. 1, 1998.

-CITE-

20 USC Sec. 5861 to 5864 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part B - Leadership in Educational Technology

-HEAD-

Sec. 5861 to 5864. Repealed. Pub. L. 103-382, title III, Sec.

361(a), Oct. 20, 1994, 108 Stat. 3974

-MISC1-

Section 5861, Pub. L. 103-227, title II, Sec. 231, Mar. 31, 1994,

108 Stat. 151; Pub. L. 103-382, title III, Sec. 394(f)(2), Oct. 20,

1994, 108 Stat. 4027, stated purpose of this part to provide

leadership in educational technology.

Section 5862, Pub. L. 103-227, title II, Sec. 232, Mar. 31, 1994,

108 Stat. 152; Pub. L. 103-382, title III, Sec. 394(f)(3), Oct. 20,

1994, 108 Stat. 4027, related to Federal leadership in use of

technology in education.

Section 5863, Pub. L. 103-227, title II, Sec. 234, Mar. 31, 1994,

108 Stat. 155, related to uses of funds.

Section 5864, Pub. L. 103-227, title II, Sec. 235, Mar. 31, 1994,

108 Stat. 156, related to non-Federal share of cost of activities

assisted under grants or contracts under this part.

-CITE-

20 USC Part C - Authorization of Appropriations 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part C - Authorization of Appropriations

.

-HEAD-

Part C - Authorization of Appropriations

-CITE-

20 USC Sec. 5871 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

Part C - Authorization of Appropriations

-HEAD-

Sec. 5871. Repealed. Pub. L. 107-110, title X, Sec. 1011(4)(A),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 103-227, title II, Sec. 241, Mar. 31, 1994, 108

Stat. 156; Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec.

701(3)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-251; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327,

authorized appropriations.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as an Effective Date note under section

6301 of this title.

-CITE-

20 USC SUBCHAPTER III - STATE AND LOCAL EDUCATION

SYSTEMIC IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

.

-HEAD-

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-CITE-

20 USC Sec. 5881 to 5891 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5881 to 5891. Repealed. Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat.

1535, 1501A-265

-MISC1-

Section 5881, Pub. L. 103-227, title III, Sec. 301, Mar. 31,

1994, 108 Stat. 157, related to congressional findings.

Section 5882, Pub. L. 103-227, title III, Sec. 302, Mar. 31,

1994, 108 Stat. 158, stated purpose of subchapter.

Section 5883, Pub. L. 103-227, title III, Sec. 303, Mar. 31,

1994, 108 Stat. 158, related to authorization of appropriations.

Section 5884, Pub. L. 103-227, title III, Sec. 304, Mar. 31,

1994, 108 Stat. 158; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(8), 704), Apr. 26, 1996, 110 Stat. 1321-211,

1321-252, 1321-255; renumbered title I, Pub. L. 104-140, Sec. 1(a),

May 2, 1996, 110 Stat. 1327, related to allotment of funds.

Section 5885, Pub. L. 103-227, title III, Sec. 305, Mar. 31,

1994, 108 Stat. 159; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 705(b)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-256;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to State applications.

Section 5886, Pub. L. 103-227, title III, Sec. 306, Mar. 31,

1994, 108 Stat. 160; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 702(a), 703(a)(9), 705(a)), Apr. 26, 1996, 110 Stat.

1321-211, 1321-251, 1321-253, 1321-256; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, related to State

improvement plans.

Section 5887, Pub. L. 103-227, title III, Sec. 307, Mar. 31,

1994, 108 Stat. 167; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 705(c)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-256;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to Secretary's review of applications and

payments.

Section 5888, Pub. L. 103-227, title III, Sec. 308, Mar. 31,

1994, 108 Stat. 168; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(10)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-253;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to State use of funds.

Section 5889, Pub. L. 103-227, title III, Sec. 309, Mar. 31,

1994, 108 Stat. 169; Pub. L. 103-382, title III, Sec. 361(c), Oct.

20, 1994, 108 Stat. 3975; Pub. L. 104-134, title I, Sec. 101(d)

(title VII, Sec. 702(b), 703(a)(11)), Apr. 26, 1996, 110 Stat.

1321-211, 1321-251, 1321-253; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, related to subgrants for

local reform and professional development.

Section 5890, Pub. L. 103-227, title III, Sec. 310, Mar. 31,

1994, 108 Stat. 174; Pub. L. 103-382, title III, Sec. 394(f)(4),

Oct. 20, 1994, 108 Stat. 4028, related to availability of

information and training.

Section 5891, Pub. L. 103-227, title III, Sec. 311, Mar. 31,

1994, 108 Stat. 174; Pub. L. 103-382, title III, Sec. 394(f)(5),

Oct. 20, 1994, 108 Stat. 4028, related to waivers of statutory and

regulatory requirements.

EFFECTIVE DATE OF REPEAL

Pub. L. 106-113, div. B, Sec. 1000(a)(4) (title III, Sec.

310(i)), Nov. 29, 1999, 113 Stat. 1535, 1501A-265, provided that:

''Titles III (enacting this subchapter) and IV (enacting subchapter

IV of this chapter) of the Goals 2000: Educate America Act are

repealed on September 30, 2000.''

-CITE-

20 USC Sec. 5891a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5891a. Definitions

-STATUTE-

In this Act:

(1) Local educational agency; State educational agency; outlying

area

The terms ''local educational agency'', ''State educational

agency'', and ''outlying area'' have the meanings given the terms

in section 7801 of this title.

(2) Eligible school attendance area; school attendance area

The terms ''eligible school attendance area'' and ''school

attendance area'' have the meanings given the terms in section

6313(a)(2) of this title.

(3) Secretary

The term ''Secretary'' means the Secretary of Education.

(4) State

The term ''State'' means each of the 50 States, the District of

Columbia, the Commonwealth of Puerto Rico, and each outlying

area.

-SOURCE-

(Pub. L. 106-25, Sec. 3, Apr. 29, 1999, 113 Stat. 42; Pub. L.

107-110, title X, Sec. 1076(o), Jan. 8, 2002, 115 Stat. 2092.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 106-25, Apr. 29, 1999,

113 Stat. 41, known as the Education Flexibility Partnership Act of

1999, which enacted sections 5891a and 5891b of this title, amended

section 1415 of this title, and enacted provisions set out as notes

under sections 1415 and 5891a of this title. For complete

classification of this Act to the Code, see Short Title of 1999

Amendment note set out under section 5801 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Education Flexibility

Partnership Act of 1999, and not as part of the Goals 2000: Educate

America Act which comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-110 substituted ''7801'' for

''8801''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

FINDINGS

Pub. L. 106-25, Sec. 2, Apr. 29, 1999, 113 Stat. 41, provided

that: ''Congress makes the following findings:

''(1) States differ substantially in demographics, in school

governance, and in school finance and funding. The

administrative and funding mechanisms that help schools in one

State improve may not prove successful in other States.

''(2) Although the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6301 et seq.) and other Federal education

statutes afford flexibility to State educational agencies and

local educational agencies in implementing Federal programs,

certain requirements of Federal education statutes or regulations

may impede local efforts to reform and improve education.

''(3) By granting waivers of certain statutory and regulatory

requirements, the Federal Government can remove impediments for

local educational agencies in implementing educational reforms

and raising the achievement levels of all children.

''(4) State educational agencies are closer to local school

systems, implement statewide educational reforms with both

Federal and State funds, and are responsible for maintaining

accountability for local activities consistent with State

standards and assessment systems. Therefore, State educational

agencies are often in the best position to align waivers of

Federal and State requirements with State and local initiatives.

''(5) The Education Flexibility Partnership Demonstration Act

(former 20 U.S.C. 5891(e)) allows State educational agencies the

flexibility to waive certain Federal requirements, along with

related State requirements, but allows only 12 States to qualify

for such waivers.

''(6) Expansion of waiver authority will allow for the waiver

of statutory and regulatory requirements that impede

implementation of State and local educational improvement plans,

or that unnecessarily burden program administration, while

maintaining the intent and purposes of affected programs, such as

the important focus on improving mathematics and science

performance under title II of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6601 et seq.) (Dwight D.

Eisenhower Professional Development Program), and maintaining

such fundamental requirements as those relating to civil rights,

educational equity, and accountability.

''(7) To achieve the State goals for the education of children

in the State, the focus must be on results in raising the

achievement of all students, not process.''

-CITE-

20 USC Sec. 5891b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5891b. Education flexibility partnership

-STATUTE-

(a) Educational flexibility program

(1) Program authorized

(A) In general

The Secretary may carry out an educational flexibility

program under which the Secretary authorizes a State

educational agency that serves an eligible State to waive

statutory or regulatory requirements applicable to one or more

programs described in subsection (b) of this section, other

than requirements described in subsection (c) of this section,

for any local educational agency or school within the State.

(B) Designation

Each eligible State participating in the program described in

subparagraph (A) shall be known as an ''Ed-Flex Partnership

State''.

(2) Eligible State

For the purpose of this section the term ''eligible State''

means a State that -

(A) has -

(i) developed and implemented the challenging State content

standards, challenging State student performance standards,

and aligned assessments described in section 1111(b) of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

6311(b)), and for which local educational agencies in the

State are producing the individual school performance

profiles required by section 1116(a)(3) of such Act;

(FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

(ii)(I) developed and implemented the content standards

described in clause (i);

(II) developed and implemented interim assessments; and

(III) made substantial progress (as determined by the

Secretary) toward developing and implementing the performance

standards and final aligned assessments described in clause

(i), and toward having local educational agencies in the

State produce the profiles described in clause (i);

(B) holds local educational agencies and schools accountable

for meeting the educational goals described in the local

applications submitted under paragraph (4) and for engaging in

technical assistance and corrective actions consistent with

section 1116 of the Elementary and Secondary Education Act of

1965 (20 U.S.C. 6316), for the local educational agencies and

schools that do not make adequate yearly progress as described

in section 1111(b)(2) of such Act (20 U.S.C. 6311(b)(2)); and

(C) waives State statutory or regulatory requirements

relating to education while holding local educational agencies

or schools within the State that are affected by such waivers

accountable for the performance of the students who are

affected by such waivers.

(3) State application

(A) In general

Each State educational agency desiring to participate in the

educational flexibility program under this section shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may reasonably

require. Each such application shall demonstrate that the

eligible State has adopted an educational flexibility plan for

the State that includes -

(i) a description of the process the State educational

agency will use to evaluate applications from local

educational agencies or schools requesting waivers of -

(I) Federal statutory or regulatory requirements as

described in paragraph (1)(A); and

(II) State statutory or regulatory requirements relating

to education;

(ii) a detailed description of the State statutory and

regulatory requirements relating to education that the State

educational agency will waive;

(iii) a description of clear educational objectives the

State intends to meet under the educational flexibility plan;

(iv) a description of how the educational flexibility plan

is consistent with and will assist in implementing the State

comprehensive reform plan or, if a State does not have a

comprehensive reform plan, a description of how the

educational flexibility plan is coordinated with activities

described in section 1111(b) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6311(b));

(v) a description of how the State educational agency will

evaluate, (consistent with the requirements of title I of the

Elementary and Secondary Education Act of 1965) (20 U.S.C.

6301 et seq.), the performance of students in the schools and

local educational agencies affected by the waivers; and

(vi) a description of how the State educational agency will

meet the requirements of paragraph (8).

(B) Approval and considerations

The Secretary may approve an application described in

subparagraph (A) only if the Secretary determines that such

application demonstrates substantial promise of assisting the

State educational agency and affected local educational

agencies and schools within the State in carrying out

comprehensive educational reform, after considering -

(i) the eligibility of the State as described in paragraph

(2);

(ii) the comprehensiveness and quality of the educational

flexibility plan described in subparagraph (A);

(iii) the ability of the educational flexibility plan to

ensure accountability for the activities and goals described

in such plan;

(iv) the degree to which the State's objectives described

in subparagraph (A)(iii) -

(I) are clear and have the ability to be assessed; and

(II) take into account the performance of local

educational agencies or schools, and students, particularly

those affected by waivers;

(v) the significance of the State statutory or regulatory

requirements relating to education that will be waived; and

(vi) the quality of the State educational agency's process

for approving applications for waivers of Federal statutory

or regulatory requirements as described in paragraph (1)(A)

and for monitoring and evaluating the results of such

waivers.

(4) Local application

(A) In general

Each local educational agency or school requesting a waiver

of a Federal statutory or regulatory requirement as described

in paragraph (1)(A) and any relevant State statutory or

regulatory requirement from a State educational agency shall

submit an application to the State educational agency at such

time, in such manner, and containing such information as the

State educational agency may reasonably require. Each such

application shall -

(i) indicate each Federal program affected and each

statutory or regulatory requirement that will be waived;

(ii) describe the purposes and overall expected results of

waiving each such requirement;

(iii) describe, for each school year, specific, measurable,

educational goals for each local educational agency or school

affected by the proposed waiver, and for the students served

by the local educational agency or school who are affected by

the waiver;

(iv) explain why the waiver will assist the local

educational agency or school in reaching such goals; and

(v) in the case of an application from a local educational

agency, describe how the local educational agency will meet

the requirements of paragraph (8).

(B) Evaluation of applications

A State educational agency shall evaluate an application

submitted under subparagraph (A) in accordance with the State's

educational flexibility plan described in paragraph (3)(A).

(C) Approval

A State educational agency shall not approve an application

for a waiver under this paragraph unless -

(i) the local educational agency or school requesting such

waiver has developed a local reform plan that is applicable

to such agency or school, respectively;

(ii) the waiver of Federal statutory or regulatory

requirements as described in paragraph (1)(A) will assist the

local educational agency or school in reaching its

educational goals, particularly goals with respect to school

and student performance; and

(iii) the State educational agency is satisfied that the

underlying purposes of the statutory requirements of each

program for which a waiver is granted will continue to be

met.

(D) Termination

The State educational agency shall annually review the

performance of any local educational agency or school granted a

waiver of Federal statutory or regulatory requirements as

described in paragraph (1)(A) in accordance with the evaluation

requirement described in paragraph (3)(A)(v), and shall

terminate any waiver granted to the local educational agency or

school if the State educational agency determines, after notice

and an opportunity for a hearing, that the local educational

agency or school's performance with respect to meeting the

accountability requirement described in paragraph (2)(C) and

the goals described in paragraph (4)(A)(iii) -

(i) has been inadequate to justify continuation of such

waiver; or

(ii) has decreased for two consecutive years, unless the

State educational agency determines that the decrease in

performance was justified due to exceptional or

uncontrollable circumstances.

(5) Oversight and reporting

(A) Oversight

Each State educational agency participating in the

educational flexibility program under this section shall

annually monitor the activities of local educational agencies

and schools receiving waivers under this section.

(B) State reports

(i) Annual reports

The State educational agency shall submit to the Secretary

an annual report on the results of such oversight and the

impact of the waivers on school and student performance.

(ii) Performance data

Not later than 2 years after the date a State is designated

an Ed-Flex Partnership State, each such State shall include,

as part of the State's annual report submitted under clause

(i), data demonstrating the degree to which progress has been

made toward meeting the State's educational objectives. The

data, when applicable, shall include -

(I) information on the total number of waivers granted

for Federal and State statutory and regulatory requirements

under this section, including the number of waivers granted

for each type of waiver;

(II) information describing the effect of the waivers on

the implementation of State and local educational reforms

pertaining to school and student performance;

(III) information describing the relationship of the

waivers to the performance of schools and students affected

by the waivers; and

(IV) an assurance from State program managers that the

data reported under this section are reliable, complete,

and accurate, as defined by the State, or a description of

a plan for improving the reliability, completeness, and

accuracy of such data as defined by the State.

(C) Secretary's reports

The Secretary, not later than 2 years after April 29, 1999,

and annually thereafter, shall -

(i) make each State report submitted under subparagraph (B)

available to Congress and the public; and

(ii) submit to Congress a report that summarizes the State

reports and describes the effects that the educational

flexibility program under this section had on the

implementation of State and local educational reforms and on

the performance of students affected by the waivers.

(6) Duration of Federal waivers

(A) In general

The Secretary shall not approve the application of a State

educational agency under paragraph (3) for a period exceeding 5

years, except that the Secretary may extend such period if the

Secretary determines that such agency's authority to grant

waivers -

(i) has been effective in enabling such State or affected

local educational agencies or schools to carry out their

State or local reform plans and to continue to meet the

accountability requirement described in paragraph (2)(C); and

(ii) has improved student performance.

(B) Performance review

Three years after the date a State is designated an Ed-Flex

Partnership State, the Secretary shall review the performance

of the State educational agency in granting waivers of Federal

statutory or regulatory requirements as described in paragraph

(1)(A) and shall terminate such agency's authority to grant

such waivers if the Secretary determines, after notice and an

opportunity for a hearing, that such agency's performance

(including performance with respect to meeting the objectives

described in paragraph (3)(A)(iii)) has been inadequate to

justify continuation of such authority.

(C) Renewal

In deciding whether to extend a request for a State

educational agency's authority to issue waivers under this

section, the Secretary shall review the progress of the State

educational agency to determine if the State educational agency

-

(i) has made progress toward achieving the objectives

described in the application submitted pursuant to paragraph

(3)(A)(iii); and

(ii) demonstrates in the request that local educational

agencies or schools affected by the waiver authority or

waivers have made progress toward achieving the desired

results described in the application submitted pursuant to

paragraph (4)(A)(iii).

(7) Authority to issue waivers

Notwithstanding any other provision of law, the Secretary is

authorized to carry out the educational flexibility program under

this section for each of the fiscal years 1999 through 2004.

(8) Public notice and comment

Each State educational agency seeking waiver authority under

this section and each local educational agency seeking a waiver

under this section -

(A) shall provide the public with adequate and efficient

notice of the proposed waiver authority or waiver, consisting

of a description of the agency's application for the proposed

waiver authority or waiver in a widely read or distributed

medium, including a description of any improved student

performance that is expected to result from the waiver

authority or waiver;

(B) shall provide the opportunity for parents, educators, and

all other interested members of the community to comment

regarding the proposed waiver authority or waiver;

(C) shall provide the opportunity described in subparagraph

(B) in accordance with any applicable State law specifying how

the comments may be received, and how the comments may be

reviewed by any member of the public; and

(D) shall submit the comments received with the agency's

application to the Secretary or the State educational agency,

as appropriate.

(b) Included programs

The statutory or regulatory requirements referred to in

subsection (a)(1)(A) of this section are any such requirements for

programs that are authorized under the following provisions and

under which the Secretary provides funds to State educational

agencies on the basis of a formula:

(1) The following provisions of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.):

(A) Part A (20 U.S.C. 6311 et seq.) (other than sections 1111

and 1116 (20 U.S.C. 6311, 6316)), subpart 3 of part B (20

U.S.C. 6381 et seq.), and parts C, D, and F (20 U.S.C. 6391 et

seq., 6421 et seq., 6511 et seq.) of title I.

(B) Subparts 2 and 3 of part A of title II (20 U.S.C. 6621 et

seq., 6631 et seq.).

(C) Subpart 1 of part D of title II (20 U.S.C. 6761 et seq.).

(D) Subpart 4 of part B of title III (20 U.S.C. 6961 et

seq.), if the funding trigger in section 3001 of such Act (20

U.S.C. 6801) is not reached.

(E) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.).

(F) Part A of title V (20 U.S.C. 7201 et seq.).

(2) The Carl D. Perkins Vocational and Technical Education Act

of 1998 (20 U.S.C. 2301 et seq.).

(c) Waivers not authorized

The Secretary and the State educational agency may not waive

under subsection (a)(1)(A) of this section any statutory or

regulatory requirement -

(1) relating to -

(A) maintenance of effort;

(B) comparability of services;

(C) equitable participation of students and professional

staff in private schools;

(D) parental participation and involvement;

(E) distribution of funds to States or to local educational

agencies;

(F) serving eligible school attendance areas in rank order

under section 1113(a)(3) of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6313(a)(3));

(G) the selection of a school attendance area or school under

subsections (a) and (b) of section 1113 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6313(a), (b)),

except that a State educational agency may grant a waiver to

allow a school attendance area or school to participate in

activities under part A of title I of such Act (20 U.S.C. 6311

et seq.) if the percentage of children from low-income families

in the school attendance area of such school or who attend such

school is not less than 10 percentage points below the lowest

percentage of such children for any school attendance area or

school of the local educational agency that meets the

requirements of such subsections (a) and (b) of this section;

(H) use of Federal funds to supplement, not supplant,

non-Federal funds; and

(I) applicable civil rights requirements; and

(2) unless the underlying purposes of the statutory

requirements of the program for which a waiver is granted

continue to be met to the satisfaction of the Secretary.

(d) Treatment of existing Ed-Flex Partnership States

(1) In general

Except as provided in paragraphs (3) and (4), this section

shall not apply to a State educational agency that has been

granted waiver authority under the provisions of law described in

paragraph (2) for the duration of the waiver authority.

(2) Applicable provisions

The provisions of law referred to in paragraph (1) are as

follows:

(A) Section 311(e) of the Goals 2000: Educate America Act.

(B) The proviso referring to such section 311(e) under the

heading ''education reform'' in the Department of Education

Appropriations Act, 1996 (Public Law 104-134; 110 Stat.

1321-229).

(3) Special rule

If a State educational agency granted waiver authority pursuant

to the provisions of law described in subparagraph (A) or (B) of

paragraph (2) applies to the Secretary for waiver authority under

this section -

(A) the Secretary shall review the progress of the State

educational agency in achieving the objectives set forth in the

application submitted pursuant to section 311(e) of the Goals

2000: Educate America Act; and

(B) the Secretary shall administer the waiver authority

granted under this section in accordance with the requirements

of this section.

(4) Technology

In the case of a State educational agency granted waiver

authority under the provisions of law described in subparagraph

(A) or (B) of paragraph (2), the Secretary shall permit a State

educational agency to expand, on or after April 29, 1999, the

waiver authority to include programs under subpart 2 of part A of

title III of the Elementary and Secondary Education Act of 1965

(other than section 3136 of such Act). (FOOTNOTE 1)

(e) Publication

A notice of the Secretary's decision to authorize State

educational agencies to issue waivers under this section, including

a description of the rationale the Secretary used to approve

applications under subsection (a)(3)(B) of this section, shall be

published in the Federal Register and the Secretary shall provide

for the dissemination of such notice to State educational agencies,

interested parties (including educators, parents, students, and

advocacy and civil rights organizations), and the public.

-SOURCE-

(Pub. L. 106-25, Sec. 4, Apr. 29, 1999, 113 Stat. 42; Pub. L.

107-110, title X, Sec. 1073, Jan. 8, 2002, 115 Stat. 2090.)

-REFTEXT-

REFERENCES IN TEXT

Section 1116(a)(3) of such Act, referred to in subsec.

(a)(2)(A)(i), means section 1116(a)(3) of Pub. L. 89-10. Section

1116 of Pub. L. 89-10, which was classified to section 6317 of this

title, was omitted in the general amendment of subchapter I (Sec.

6301 et seq.) of chapter 70 of this title, and a new section 1116,

which is classified to section 6316 of this title, was enacted, by

Pub. L. 107-110, title I, Sec. 101, Jan. 8, 2002, 115 Stat. 1439.

The new section 1116 does not contain a subsec. (a)(3).

The Elementary and Secondary Education Act of 1965, referred to

in subsecs. (a)(3)(A)(v), (b)(1), and (c)(1)(G), is Pub. L. 89-10,

Apr. 11, 1965, 79 Stat. 27, as amended, which is classified

generally to chapter 70 (Sec. 6301 et seq.) of this title. Title I

of the Act is classified generally to subchapter I (Sec. 6301 et

seq.) of chapter 70 of this title. Part A of title I of the Act is

classified generally to part A (Sec. 6311 et seq.) of subchapter I

of chapter 70 of this title. Subpart 3 of part B of title I is

classified generally to subpart 3 (Sec. 6381 et seq.) of part B of

subchapter I of chapter 70 of this title. Parts C, D, and F of

title I are classified generally to parts C (Sec. 6391 et seq.), D

(Sec. 6421 et seq.), and F (Sec. 6511 et seq.), respectively, of

subchapter I of chapter 70 of this title. Subparts 2 and 3 of part

A of title II are classified generally to subparts 2 (Sec. 6621 et

seq.) and 3 (Sec. 6631 et seq.), respectively, of part A of

subchapter II of chapter 70 of this title. Subpart 1 of part D of

title II is classified generally to subpart 1 (Sec. 6761 et seq.)

of part D of subchapter II of chapter 70 of this title. Subpart 4

of part B of title III is classified generally to subpart 4 (Sec.

6961 et seq.) of part B of subchapter III of chapter 70 of this

title. Subpart 1 of part A of title IV is classified generally to

subpart 1 (Sec. 7111 et seq.) of part A of subchapter IV of chapter

70 of this title. Part A of title V is classified generally to

part A (Sec. 7201 et seq.) of subchapter V of chapter 70 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 6301 of this title and

Tables.

The Carl D. Perkins Vocational and Technical Education Act of

1998, referred to in subsec. (b)(2), is Pub. L. 88-210, Dec. 18,

1963, 77 Stat. 403, as amended, which is classified generally to

chapter 44 (Sec. 2301 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 2301 of this title and Tables.

Section 311(e) of the Goals 2000: Educate America Act, referred

to in subsec. (d)(2), (3)(A), is section 311(e) of Pub. L. 103-227,

which was classified to section 5891(e) of this title and was

repealed by Pub. L. 106-113, div. B, Sec. 1000(a)(4) (title III,

Sec. 310(i)), Nov. 29, 1999, 113 Stat. 1535, 1501A-265.

The proviso referring to such section 311(e) under the heading

''education reform'' in the Department of Education Appropriations

Act, 1996, referred to in subsec. (d)(2)(B), is Pub. L. 104-134,

title I, Sec. 101(d) (title III), Apr. 26, 1996, 110 Stat.

1321-211, 1321-229; renumbered title I, Pub. L. 104-140, Sec. 1(a),

May 2, 1996, 110 Stat. 1327, which is set out as a note below.

Subpart 2 of part A of title III of the Elementary and Secondary

Education Act of 1965, referred to in subsec. (d)(4), means subpart

2 of part A of title III of Pub. L. 89-10, as added by Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3644, which

related to State and local programs for school technology

resources, and was classified generally to subpart 2 (Sec. 6841 et

seq.) of part A of subchapter III of this chapter prior to the

general amendment of title III of Pub. L. 89-10 by Pub. L. 107-110,

title III, Sec. 301, Jan. 8, 2002, 115 Stat. 1689, which enacted a

new subpart 2 of part A, relating to accountability and

administration.

Section 3136 of such Act, referred to in subsec. (d)(4), means

section 3136 of Pub. L. 89-10, as added by Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3648, which was classified to

section 6846 of this title prior to the general amendment of title

III of Pub. L. 89-10 by Pub. L. 107-110, title III, Sec. 301, Jan.

8, 2002, 115 Stat. 1689.

-COD-

CODIFICATION

Section was enacted as part of the Education Flexibility

Partnership Act of 1999, and not as part of the Goals 2000: Educate

America Act which comprises this chapter.

-MISC3-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-110 reenacted heading without

change and amended text generally. Prior to amendment, text read

as follows: ''The statutory or regulatory requirements referred to

in subsection (a)(1)(A) of this section are any such requirements

for programs carried out under the following provisions:

''(1) Title I of the Elementary and Secondary Education Act of

1965 (other than subsections (a) and (c) of section 1116 of such

Act).

''(2) Part B of title II of the Elementary and Secondary

Education Act of 1965.

''(3) Subpart 2 of part A of title III of the Elementary and

Secondary Education Act of 1965 (other than section 3136 of such

Act).

''(4) Title IV of the Elementary and Secondary Education Act of

1965.

''(5) Title VI of the Elementary and Secondary Education Act of

1965.

''(6) Part C of title VII of the Elementary and Secondary

Education Act of 1965.

''(7) The Carl D. Perkins Vocational and Technical Education

Act of 1998.''

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

ADDITIONAL STATE EDUCATIONAL AGENCIES AUTHORIZED TO WAIVE FEDERAL

REQUIREMENTS

Pub. L. 104-134, title I, Sec. 101(d) (title III), Apr. 26, 1996,

110 Stat. 1321-211, 1321-229; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ''That

notwithstanding section 311(e) of Public Law 103-227 (20 U.S.C.

5891(e)), the Secretary is authorized to grant up to six additional

State education agencies authority to waive Federal statutory or

regulatory requirements for fiscal year 1996 and succeeding fiscal

years''.

-CITE-

20 USC Sec. 5892 to 5895 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5892 to 5895. Repealed. Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat.

1535, 1501A-265

-MISC1-

Section 5892, Pub. L. 103-227, title III, Sec. 312, Mar. 31,

1994, 108 Stat. 178; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(12), 705(d)), Apr. 26, 1996, 110 Stat. 1321-211,

1321-253, 1321-257; renumbered title I, Pub. L. 104-140, Sec. 1(a),

May 2, 1996, 110 Stat. 1327, related to progress reports.

Section 5893, Pub. L. 103-227, title III, Sec. 313, Mar. 31,

1994, 108 Stat. 179, related to technical and other assistance

regarding school finance equity.

Section 5894, Pub. L. 103-227, title III, Sec. 314, Mar. 31,

1994, 108 Stat. 180; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(13)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-253;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to national leadership.

Section 5895, Pub. L. 103-227, title III, Sec. 315, Mar. 31,

1994, 108 Stat. 181; Pub. L. 103-382, title III, Sec. 384, Oct. 20,

1994, 108 Stat. 4018; Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(14)), Apr. 26, 1996, 110 Stat. 1321-211, 1321-253;

renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110

Stat. 1327, related to assistance to outlying areas and to

Secretary of the Interior.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 30, 2000, see section 1000(a)(4) (title

III, Sec. 310(i)) of Pub. L. 106-113, set out as a note under

section 5881 of this title.

-CITE-

20 USC Sec. 5896 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5896. Repealed. Pub. L. 104-134, title I, Sec. 101(d) (title

VII, Sec. 703(a)(15)(A)), Apr. 26, 1996, 110 Stat. 1321-211,

1321-254; renumbered title I, Pub. L. 104-140, Sec. 1(a), May

2, 1996, 110 Stat. 1327

-MISC1-

Section, Pub. L. 103-227, title III, Sec. 316, Mar. 31, 1994, 108

Stat. 184, provided that standards or State assessments described

in State improvement plan submitted in accordance with section 5886

of this title were not to be required to be certified by Council.

-CITE-

20 USC Sec. 5897 to 5900 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER III - STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

-HEAD-

Sec. 5897 to 5900. Repealed. Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat.

1535, 1501A-265

-MISC1-

Section 5897, Pub. L. 103-227, title III, Sec. 317, Mar. 31,

1994, 108 Stat. 184; Pub. L. 103-382, title III, Sec. 361(d), Oct.

20, 1994, 108 Stat. 3975; Pub. L. 104-134, title I, Sec. 101(d)

(title VII, Sec. 703(a)(16)), Apr. 26, 1996, 110 Stat. 1321-211,

1321-254; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2,

1996, 110 Stat. 1327, related to State planning for improving

student achievement through integration of technology into

curriculum.

Section 5898, Pub. L. 103-227, title III, Sec. 318, Mar. 31,

1994, 108 Stat. 186, related to prohibition on Federal mandates,

direction, and control.

Section 5899, Pub. L. 103-227, title III, Sec. 319, Mar. 31,

1994, 108 Stat. 186, related to State and local government control

of education.

Section 5900, Pub. L. 103-227, title III, Sec. 320, as added Pub.

L. 104-134, title I, Sec. 101(d) (title VII, Sec. 706), Apr. 26,

1996, 110 Stat. 1321-211, 1321-257; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, related to certain

prohibited conditions to receiving assistance and to limitations on

Government officials.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 30, 2000, see section 1000(a)(4) (title

III, Sec. 310(i)) of Pub. L. 106-113, set out as a note under

section 5881 of this title.

-CITE-

20 USC SUBCHAPTER IV - PARENTAL ASSISTANCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IV - PARENTAL ASSISTANCE

.

-HEAD-

SUBCHAPTER IV - PARENTAL ASSISTANCE

-CITE-

20 USC Sec. 5911 to 5918 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IV - PARENTAL ASSISTANCE

-HEAD-

Sec. 5911 to 5918. Repealed. Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat.

1535, 1501A-265

-MISC1-

Section 5911, Pub. L. 103-227, title IV, Sec. 401, Mar. 31, 1994,

108 Stat. 187, related to parental information and resource

centers.

Section 5912, Pub. L. 103-227, title IV, Sec. 402, Mar. 31, 1994,

108 Stat. 187, related to applications.

Section 5913, Pub. L. 103-227, title IV, Sec. 403, Mar. 31, 1994,

108 Stat. 189, related to uses of funds.

Section 5914, Pub. L. 103-227, title IV, Sec. 404, Mar. 31, 1994,

108 Stat. 189, related to technical assistance.

Section 5915, Pub. L. 103-227, title IV, Sec. 405, Mar. 31, 1994,

108 Stat. 189, related to definitions.

Section 5916, Pub. L. 103-227, title IV, Sec. 406, Mar. 31, 1994,

108 Stat. 190, related to reports.

Section 5917, Pub. L. 103-227, title IV, Sec. 407, Mar. 31, 1994,

108 Stat. 190, related to general provisions prohibiting required

participation in any program of parent education or developmental

screening or any action infringing on the right of a parent to

direct the education of their children.

Section 5918, Pub. L. 103-227, title IV, Sec. 408, Mar. 31, 1994,

108 Stat. 191, related to authorization of appropriations.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 30, 2000, see section 1000(a)(4) (title

III, Sec. 310(i)) of Pub. L. 106-113, set out as a note under

section 5881 of this title.

-CITE-

20 USC SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

.

-HEAD-

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5802, 6102, 6103,

6125, 6143 of this title.

-CITE-

20 USC Sec. 5931 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5931. Short title

-STATUTE-

This subchapter may be cited as the ''National Skill Standards

Act of 1994''.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 501, Mar. 31, 1994, 108 Stat. 191.)

-CITE-

20 USC Sec. 5932 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5932. Purpose

-STATUTE-

It is the purpose of this subchapter to establish a National

Skill Standards Board to serve as a catalyst in stimulating the

development and adoption of a voluntary national system of skill

standards and of assessment and certification of attainment of

skill standards -

(1) that will serve as a cornerstone of the national strategy

to enhance workforce skills;

(2) that will result in increased productivity, economic

growth, and American economic competitiveness; and

(3) that can be used, consistent with civil rights laws -

(A) by the Nation, to ensure the development of a high

skills, high quality, high performance workforce, including the

most skilled frontline workforce in the world;

(B) by industries, as a vehicle for informing training

providers and prospective employees of skills necessary for

employment;

(C) by employers, to assist in evaluating the skill levels of

prospective employees and to assist in the training of current

employees;

(D) by labor organizations, to enhance the employment

security of workers by providing portable credentials and

skills;

(E) by workers, to -

(i) obtain certifications of their skills to protect

against dislocation;

(ii) pursue career advancement; and

(iii) enhance their ability to reenter the workforce;

(F) by students and entry level workers, to determine the

skill levels and competencies needed to be obtained in order to

compete effectively for high wage jobs;

(G) by training providers and educators, to determine

appropriate training services to offer;

(H) by government, to evaluate whether publicly funded

training assists participants to meet skill standards where

such standards exist and thereby protect the integrity of

public expenditures;

(I) to facilitate the transition to high performance work

organizations;

(J) to increase opportunities for minorities and women,

including removing barriers to the entry of women into

nontraditional employment; and

(K) to facilitate linkages between other components of the

national strategy to enhance workforce skills, including

school-to-work transition, secondary and postsecondary

vocational-technical education, and job training programs.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 502, Mar. 31, 1994, 108 Stat. 191.)

-REFTEXT-

REFERENCES IN TEXT

The civil rights laws, referred to in par. (3), are classified

generally to chapter 21 (Sec. 1981 et seq.) of Title 42, The Public

Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5936 of this title.

-CITE-

20 USC Sec. 5933 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5933. Establishment of National Board

-STATUTE-

(a) In general

There is established a National Skill Standards Board (hereafter

in this subchapter referred to as the ''National Board'').

(b) Composition

(1) In general

The National Board shall be composed of 27 members (appointed

in accordance with paragraph (3)), of whom -

(A) one member shall be the Secretary of Labor;

(B) one member shall be the Secretary of Education;

(C) one member shall be the Secretary of Commerce;

(D) eight members shall be representatives of business

(including representatives of small employers and

representatives of large employers) selected from among

individuals recommended by recognized national business

organizations or trade associations;

(E) eight members shall be representatives of organized labor

selected from among individuals recommended by recognized

national labor federations; and

(F)(i) 2 members shall be neutral, qualified human resource

professionals; and

(ii) 6 members shall be representatives from the following

groups, with at least 1 member from each group:

(I) Educational institutions (including

vocational-technical institutions).

(II) Community-based organizations.

(III) State and local governments.

(IV) Nongovernmental organizations with a demonstrated

history of successfully protecting the rights of racial,

ethnic, or religious minorities, women, individuals with

disabilities, or older persons.

(2) Diversity requirements

The members described in subparagraph (F) of paragraph (1)

shall have expertise in the area of education and training. The

members described in subparagraphs (D), (E), and (F) of paragraph

(1) shall -

(A) in the aggregate, represent a broad cross-section of

occupations and industries; and

(B) to the extent feasible, be geographically representative

of the United States and reflect the racial, ethnic, and gender

diversity of the United States.

(3) Appointment

The membership of the National Board shall be appointed as

follows:

(A) Twelve members (four from each class of members described

in subparagraphs (D), (E), and (F) of paragraph (1)) shall be

appointed by the President.

(B) Six members (two from each class of members described in

subparagraphs (D), (E), and (F) of paragraph (1)) shall be

appointed by the Speaker of the House of Representatives, of

whom three members (one from each class of members described in

subparagraphs (D), (E), and (F) of paragraph (1)) shall be

selected from recommendations made by the Majority Leader of

the House of Representatives and three members (one from each

class of members described in subparagraphs (D), (E), and (F)

of paragraph (1)) shall be selected from recommendations made

by the Minority Leader of the House of Representatives.

(C) Six members (two from each class of members described in

subparagraphs (D), (E), and (F) of paragraph (1)) shall be

appointed by the President pro tempore of the Senate, of whom

three members (one from each class of members described in

subparagraphs (D), (E), and (F) of paragraph (1)) shall be

selected from recommendations made by the Majority Leader of

the Senate and three members (one from each class of members

described in subparagraphs (D), (E), and (F) of paragraph (1))

shall be selected from recommendations made by the Minority

Leader of the Senate.

(4) Ex officio nonvoting members

The members of the National Board specified in subparagraphs

(A), (B), and (C) of paragraph (1) shall be ex officio, nonvoting

members of the National Board.

(5) Term

Each member of the National Board appointed under subparagraph

(D), (E), or (F) of paragraph (1) shall be appointed for a term

of 4 years, except that of the initial members of the Board

appointed under such subparagraphs -

(A) twelve members shall be appointed for a term of 3 years

(four from each class of members described in subparagraphs

(D), (E), and (F) of paragraph (1)), of whom -

(i) two from each such class shall be appointed in

accordance with paragraph (3)(A);

(ii) one from each such class shall be appointed in

accordance with paragraph (3)(B); and

(iii) one from each such class shall be appointed in

accordance with paragraph (3)(C); and

(B) twelve members shall be appointed for a term of 4 years

(four from each class of members described in subparagraphs

(D), (E), and (F) of paragraph (1)), of whom -

(i) two from each such class shall be appointed in

accordance with paragraph (3)(A);

(ii) one from each such class shall be appointed in

accordance with paragraph (3)(B); and

(iii) one from each such class shall be appointed in

accordance with paragraph (3)(C).

(6) Vacancies

Any vacancy in the National Board shall not affect its powers,

but shall be filled in the same manner as the original

appointment.

(c) Chairperson and Vice Chairpersons

(1) Chairperson

(A) In general

Except as provided in subparagraph (B), the National Board,

by majority vote, shall elect a Chairperson once every 2 years

from among the members of the National Board.

(B) Initial Chairperson

The first Chairperson of the National Board shall be elected,

by a majority vote of the National Board, from among the

members who are representatives of business (as described in

subparagraph (D) of subsection (b)(1) of this section) and

shall serve for a term of 2 years.

(2) Vice Chairpersons

The National Board, by majority vote, shall annually elect 3

Vice Chairpersons (each representing a different class of the

classes of members described in subparagraphs (D), (E), and (F)

of subsection (b)(1) of this section and each of whom shall serve

for a term of 1 year) from among its members appointed under

subsection (b)(3) of this section.

(d) Compensation and expenses

(1) Compensation

All Members of the National Board who are not full-time

employees or officers of the Federal Government shall serve

without compensation. All members of the National Board who are

officers or employees of the United States shall serve without

compensation in addition to that received for their services as

officers or employees of the United States.

(2) Expenses

The members of the National Board shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for employees of agencies under subchapter I of

chapter 57, title 5, while away from their homes or regular

places of business in the performance of services for the

National Board.

(e) Executive Director and staff

(1) Executive Director

The Chairperson of the National Board shall appoint an

Executive Director who shall be compensated at a rate determined

by the National Board, not to exceed the rate payable for level V

of the Executive Schedule under section 5316 of title 5.

(2) Staff

(A) In general

The Executive Director may appoint and compensate such

additional staff as may be necessary to enable the Board to

perform its duties. Such staff shall include at least one

individual with expertise in measurement and assessment.

(B) Compensation

The Executive Director may fix the compensation of the staff

without regard to the provisions of chapter 51 and subchapter

III of chapter 53 of title 5 relating to classification of

positions and General Schedule pay rates, except that the rate

of pay for the staff may not exceed the rate payable for level

V of the Executive Schedule under section 5316 of such title.

(f) Voluntary and uncompensated services

Notwithstanding section 1342 of title 31, the National Board is

authorized, in carrying out this subchapter, to accept voluntary

and uncompensated services.

(g) Agency support

(1) Use of facilities

The National Board may use the research, equipment, services,

and facilities of any agency or instrumentality of the United

States with the consent of such agency or instrumentality.

(2) Staff of Federal agencies

Upon the request of the National Board, the head of any Federal

agency of the United States may detail to the National Board, on

a reimbursable basis, any of the personnel of such Federal agency

to assist the National Board in carrying out this subchapter.

Such detail shall be without interruption or loss of civil

service status or privilege.

(h) Conflict of interest

An individual who has served as a member of the National Board

may not have any financial interest in an assessment and

certification system developed or endorsed under this subchapter

for a period of 3 years after the termination of service of such

individual from the National Board.

(i) Procurement of temporary and intermittent services

The Chairperson of the National Board may procure temporary and

intermittent services of experts and consultants under section

3109(b) of title 5.

(j) Termination

The National Board shall terminate on September 30, 1999.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 503, Mar. 31, 1994, 108 Stat. 192;

Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec. 703(a)(17)),

Apr. 26, 1996, 110 Stat. 1321-211, 1321-254; renumbered title I,

Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-134, Sec. 101(d) (title VII,

Sec. 703(a)(17)(A)(i)(I)), substituted ''27'' for ''28'' in

introductory provisions.

Subsec. (b)(1)(D) to (G). Pub. L. 104-134, Sec. 101(d) (title

VII, Sec. 703(a)(17)(A)(i)(II), (III)), redesignated subpars. (E)

to (G) as (D) to (F), respectively, and struck out former subpar.

(D) which read as follows: ''one member shall be the Chairperson of

the National Education Standards and Improvement Council

established pursuant to section 5842(a) of this title;''.

Subsec. (b)(2). Pub. L. 104-134, Sec. 101(d) (title VII, Sec.

703(a)(17)(A)(ii), (iii)), in introductory provisions, substituted

''subparagraph (F)'' for ''subparagraph (G)'' and ''subparagraphs

(D), (E), and (F)'' for ''subparagraphs (E), (F), and (G)''.

Subsec. (b)(3). Pub. L. 104-134, Sec. 101(d) (title VII, Sec.

703(a)(17)(A)(ii)), substituted ''subparagraphs (D), (E), and (F)''

for ''subparagraphs (E), (F), and (G)'' wherever appearing.

Subsec. (b)(4). Pub. L. 104-134, Sec. 101(d) (title VII, Sec.

703(a)(17)(A)(iv)), substituted ''and (C)'' for ''(C), and (D)''.

Subsec. (b)(5). Pub. L. 104-134, Sec. 101(d) (title VII, Sec.

703(a)(17)(A)(ii), (v)), substituted ''subparagraph (D), (E), or

(F)'' for ''subparagraph (E), (F), or (G)'' in introductory

provisions and ''subparagraphs (D), (E), and (F)'' for

''subparagraphs (E), (F), and (G)'' in introductory provisions of

subpars. (A) and (B).

Subsec. (c)(1)(B), (2). Pub. L. 104-134, Sec. 101(d) (title VII,

Sec. 703(a)(17)(B)), which directed that subsec. (e) of this

section be amended by substituting ''subparagraph (D)'' for

''subparagraph (E)'' in par. (1)(B) and ''subparagraphs (D), (E),

and (F)'' for ''subparagraphs (E), (F), and (G)'' in par. (2), was

executed by making the amendment in subsec. (c) of this section to

reflect the probable intent of Congress, because the language being

struck out did not appear in subsec. (e).

-CITE-

20 USC Sec. 5934 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5934. Functions of National Board

-STATUTE-

(a) Identification of occupational clusters

(1) In general

Subject to paragraph (2), the National Board shall identify

broad clusters of major occupations that involve 1 or more than 1

industry in the United States and that share characteristics that

are appropriate for the development of common skill standards.

(2) Procedures for identification

Prior to identifying broad clusters of major occupations under

paragraph (1), the National Board shall engage in extensive

public consultation, including solicitation of public comment on

proposed clusters through publication in the Federal Register.

(b) Establishment of voluntary partnerships to develop standards

(1) In general

For each of the occupational clusters identified pursuant to

subsection (a) of this section, the National Board shall

encourage and facilitate the establishment of voluntary

partnerships to develop a skill standards system in accordance

with subsection (d) of this section.

(2) Representatives

Such voluntary partnerships shall include the full and balanced

participation of -

(A)(i) representatives of business (including representatives

of large employers and representatives of small employers) who

have expertise in the area of workforce skill requirements, and

who are recommended by national business organizations or trade

associations representing employers in the occupation or

industry for which a standard is being developed; and

(ii) representatives of trade associations that have received

grants from the Department of Labor or the Department of

Education to establish skill standards prior to March 31, 1994;

(B) employee representatives who have expertise in the area

of workforce skill requirements and who shall be -

(i) individuals recommended by recognized national labor

organizations representing employees in the occupation or

industry for which a standard is being developed; and

(ii) such other individuals who are nonmanagerial employees

with significant experience and tenure in such occupation or

industry as are appropriate given the nature and structure of

employment in the occupation or industry;

(C) representatives of -

(i) educational institutions;

(ii) community-based organizations;

(iii) State and local agencies with administrative control

or direction over education, vocational-technical education,

or employment and training;

(iv) other policy development organizations with expertise

in the area of workforce skill requirements; and

(v) non-governmental organizations with a demonstrated

history of successfully protecting the rights of racial,

ethnic, or religious minorities, women, individuals with

disabilities, or older persons; and

(D) individuals with expertise in measurement and assessment,

including relevant experience in designing unbiased assessments

and performance-based assessments.

(3) Experts

The partnerships described in paragraph (1) may also include

such other individuals who are independent, qualified experts in

their fields.

(c) Research, dissemination, and coordination

In order to support the activities described in subsections (b)

and (d) of this section, the National Board shall -

(1) conduct workforce research relating to skill standards

(including research relating to use of skill standards in

compliance with civil rights laws) and make such research

available to the public, including the voluntary partnerships

described in subsection (b) of this section;

(2) identify and maintain a catalog of skill standards used by

other countries and by States and leading firms and industries in

the United States;

(3) serve as a clearinghouse to facilitate the sharing of

information on the development of skill standards and other

relevant information among representatives of occupations and

industries identified pursuant to subsection (a) of this section,

the voluntary partnerships described in subsection (b) of this

section, and among education and training providers through such

mechanisms as the Educational Resources Information Center

Clearinghouses;

(4) develop a common nomenclature relating to skill standards;

(5) encourage the development and adoption of curricula and

training materials, for attaining the skill standards developed

pursuant to subsection (d) of this section, that provide for

structured work experiences and related study programs leading to

progressive levels of professional and technical certification

and postsecondary education;

(6) provide appropriate technical assistance to voluntary

partnerships involved in the development of standards and systems

described in subsection (b) of this section; and

(7) facilitate coordination among voluntary partnerships that

meet the requirements of subsection (b) of this section to

promote the development of a coherent national system of

voluntary skill standards.

(d) Endorsement of skill standards systems

(1) Development of endorsement criteria

(A) The National Board, after extensive public consultation,

shall develop objective criteria for endorsing skill standards

systems relating to the occupational clusters identified pursuant

to subsection (a) of this section. Such criteria shall, at a

minimum, include the components of a skill standards system

described in subparagraph (B). The endorsement criteria shall be

published in the Federal Register, and updated as appropriate.

(B) The skill standards systems endorsed pursuant to paragraph

(1) shall have one or more of the following components:

(i) Voluntary skill standards, which at a minimum -

(I) take into account relevant standards used in other

countries and relevant international standards;

(II) meet or exceed the highest applicable standards used

in the United States, including apprenticeship standards

registered under the Act of August 16, 1937 (commonly known

as the ''National Apprenticeship Act'', 50 Stat. 664, chapter

663, 29 U.S.C. 50 et seq.);

(III) take into account content and performance standards

certified pursuant to subchapter II of this chapter;

(IV) take into account the requirements of high performance

work organizations;

(V) are in a form that allows for regular updating to take

into account advances in technology or other developments

within the occupational cluster;

(VI) are formulated in such a manner that promotes the

portability of credentials and facilitates worker mobility

within an occupational cluster or industry and among

industries; and

(VII) are not discriminatory with respect to race, color,

gender, age, religion, ethnicity, disability, or national

origin, consistent with Federal civil rights laws.

(ii) A voluntary system of assessment and certification of

the attainment of skill standards developed pursuant to

subparagraph (A), which at a minimum -

(I) has been developed after taking into account relevant

methods of such assessment and certification used in other

countries;

(II) utilizes a variety of evaluation techniques,

including, where appropriate, oral and written evaluations,

portfolio assessments, and performance tests; and

(III) includes methods for establishing that the assessment

and certification system is not discriminatory with respect

to race, color, gender, age, religion, ethnicity, disability,

or national origin, consistent with Federal civil rights

laws.

(iii) A system to promote the use of and to disseminate

information relating to skill standards, and assessment and

certification systems, developed pursuant to this paragraph

(including dissemination of information relating to civil

rights laws relevant to the use of such standards and systems)

to entities such as institutions of higher education offering

professional and technical education, labor organizations,

trade associations, employers providing formalized training,

and other organizations likely to benefit from such standards

and systems.

(iv) A system to evaluate the implementation of the skill

standards, and assessment and certification systems developed

pursuant to this paragraph, and the effectiveness of the

information disseminated pursuant to subparagraph (C) for

informing the users of such standards and systems of the

requirements of relevant civil rights laws.

(v) A system to periodically revise and update the skill

standards, and assessment and certification systems developed

pursuant to this paragraph, which will take into account

changes in standards in other countries.

(2) Endorsement

The National Board, after public review and comment, shall

endorse those skill standards systems relating to the

occupational clusters identified pursuant to subsection (a) of

this section that -

(A) meet the objective endorsement criteria that are

developed pursuant to paragraph (1); and

(B) are submitted by voluntary partnerships that meet the

requirements of subsection (b) of this section.

(e) Relationship with civil rights laws

(1) In general

Nothing in this subchapter shall be construed to modify or

affect any Federal or State law prohibiting discrimination on the

basis of race, color, gender, age, religion, ethnicity,

disability, or national origin.

(2) Evidence

The endorsement or absence of an endorsement by the National

Board of a skill standard, or assessment and certification

system, under subsection (d) of this section shall not be used in

any action or proceeding to establish that the use of a skill

standard or assessment and certification system conforms or does

not conform to the requirements of civil rights laws.

(f) Financial assistance

(1) In general

From funds appropriated pursuant to section 5937 of this title

-

(A) the National Board may enter into contracts and

cooperative agreements to carry out the purposes of this

subchapter; and

(B) the Secretary of Labor may, in accordance with paragraph

(2), award grants to voluntary partnerships for the development

of skill standards systems meeting the requirements of

subsection (d) of this section.

(2) Grants to voluntary partnerships

(A) Eligibility and application

Voluntary partnerships that meet the requirements of

subsection (b) of this section shall be eligible to apply for a

grant under this subsection. Each such voluntary partnership

desiring a grant shall submit an application to the National

Board at such time, in such manner, and accompanied by such

information as the National Board may reasonably require.

(B) Review and recommendation

The National Board shall review each application submitted

pursuant to subparagraph (A) in accordance with the objective

criteria published pursuant to subparagraph (C) and shall

forward each such application to the Secretary of Labor

accompanied by a nonbinding recommendation for the approval or

disapproval of each such application by the Secretary.

(C) Criteria for review

Prior to each fiscal year, the National Board shall publish

objective criteria to be used by the Board in reviewing

applications under subparagraph (B).

(3) Limitation on use of funds

(A) In general

Not more than 20 percent of the funds appropriated pursuant

to the authority of section 5937(a) of this title for each

fiscal year shall be used by the National Board for the costs

of administration.

(B) ''Costs of administration'' defined

For purposes of this paragraph, the term ''costs of

administration'' means costs relating to staff, supplies,

equipment, space, and travel and per diem, costs of conducting

meetings and conferences, and other related costs.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 504, Mar. 31, 1994, 108 Stat. 195;

Pub. L. 104-134, title I, Sec. 101(d) (title VII, Sec. 703(a)(18)),

Apr. 26, 1996, 110 Stat. 1321-211, 1321-254; renumbered title I,

Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327; Pub. L.

105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(d)(17)(A)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-422.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 16, 1937, known as the National Apprenticeship Act,

referred to in subsec. (d)(1)(B)(i)(II), is act Aug. 16, 1937, ch.

663, 50 Stat. 664, as amended, which is classified generally to

chapter 4C (Sec. 50 et seq.) of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 50 of Title 29 and Tables.

Subchapter II of this chapter, referred to in subsec.

(d)(1)(B)(i)(III), was in the original ''title II'', meaning title

II of Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 133, which enacted

subchapter II of this chapter and section 3425 of this title,

amended section 5093 of this title and section 5315 of Title 5,

Government Organization and Employees, and enacted provisions set

out as a note under section 5093 of this title.

Federal civil rights laws, referred to in subsec.

(d)(1)(B)(i)(VII), (ii)(III), are classified generally to chapter

21 (Sec. 1981 et seq.) of Title 42, The Public Health and Welfare.

-MISC2-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-277 struck out ''the Capacity

Building and Information and Dissemination Network established

under section 1733(b) of title 29 and'' after ''such mechanisms

as''.

1996 - Subsecs. (f), (g). Pub. L. 104-134 redesignated subsec.

(g) as (f) and struck out heading and text of former subsec. (f).

Text read as follows: ''The National Board shall establish

cooperative arrangements with the National Education Standards and

Improvement Council to promote the coordination of the development

of skill standards under this section with the development of

voluntary national content standards and voluntary national student

performance standards in accordance with section 5843 of this

title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5935 of this title.

-CITE-

20 USC Sec. 5935 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5935. Deadlines

-STATUTE-

Not later than December 31, 1995, the National Board shall, at a

minimum -

(1) identify occupational clusters pursuant to section 5934(a)

of this title representing a substantial portion of the

workforce; and

(2) promote the development of an initial set of skill

standards in accordance with section 5934(d) of this title for

such clusters.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 505, Mar. 31, 1994, 108 Stat. 199.)

-CITE-

20 USC Sec. 5936 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5936. Reports

-STATUTE-

The National Board shall prepare and submit to the President and

the Congress in each of the fiscal years 1994 through 1999, a

report on the activities conducted under this subchapter. Such

report shall include information on the extent to which skill

standards have been adopted by employers, training providers, and

other entities, and on the effectiveness of such standards in

accomplishing the purposes described in section 5932 of this title.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 506, Mar. 31, 1994, 108 Stat. 199.)

-CITE-

20 USC Sec. 5937 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5937. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter $15,000,000 for fiscal year 1994 and such sums as may be

necessary for each of fiscal years 1995 through 1999.

(b) Availability

Amounts appropriated pursuant to subsection (a) of this section

shall remain available until expended.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 507, Mar. 31, 1994, 108 Stat. 199.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5934 of this title.

-CITE-

20 USC Sec. 5938 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5938. Definitions

-STATUTE-

For purposes of this subchapter, the following definitions apply:

(1) Community-based organization

The term ''community-based organization'' means a private

nonprofit organization that is representative of a community or a

significant segment of a community and that has demonstrated

expertise and effectiveness in the field of workforce investment.

(2) Educational institution

The term ''educational institution'' means a high school, a

vocational school, and an institution of higher education.

(3) Institution of higher education

The term ''institution of higher education'' means an

institution of higher education (as such term is defined in

section 1088 (FOOTNOTE 1) of this title) which continues to meet

the eligibility and certification requirements under section

1099c of this title.

(FOOTNOTE 1) See References in Text note below.

(4) Skill standard

The term ''skill standard'' means a standard that specifies the

level of knowledge and competence required to successfully

perform work-related functions within an occupational cluster.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 508, Mar. 31, 1994, 108 Stat. 200;

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

405(d)(17)(B)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-422.)

-REFTEXT-

REFERENCES IN TEXT

Section 1088 of this title, referred to in par. (3), was amended

by Pub. L. 105-244, title I, Sec. 101(c), Oct. 7, 1998, 112 Stat.

1617, and, as so amended, no longer defines the term ''institution

of higher education''. However, such term is defined in section

1002 of this title.

-MISC2-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-277 amended heading and text of par.

(1) generally. Prior to amendment, text read as follows: ''The

term 'community-based organizations' has the meaning given the term

in section 1503(5) of title 29.''

-CITE-

20 USC Sec. 5939 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER V - NATIONAL SKILL STANDARDS BOARD

-HEAD-

Sec. 5939. Sunset provision

-STATUTE-

(a) Repeal

This subchapter is repealed on September 30, 1999.

(b) Review of repeal

It is the sense of the Congress that the appropriate committees

of the Congress should review the accomplishments of the National

Board prior to the date of repeal described in subsection (a) of

this section in order to determine whether it is appropriate to

extend the authorities provided under this subchapter for a period

beyond such date.

-SOURCE-

(Pub. L. 103-227, title V, Sec. 509, Mar. 31, 1994, 108 Stat. 200.)

-CITE-

20 USC SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM

.

-HEAD-

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5802 of this title.

-CITE-

20 USC Sec. 5951 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VI - INTERNATIONAL EDUCATION PROGRAM

-HEAD-

Sec. 5951. Repealed. Pub. L. 107-110, title X, Sec. 1011(4)(B),

Jan. 8, 2002, 115 Stat. 1986

-MISC1-

Section, Pub. L. 103-227, title VI, Sec. 601, Mar. 31, 1994, 108

Stat. 200; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

301(e)), div. G, subdiv. A, title XIII, Sec. 1335(e), Oct. 21,

1998, 112 Stat. 2681-337, 2681-410, 2681-788, related to

International Education Program.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as an Effective Date note under section

6301 of this title.

-CITE-

20 USC SUBCHAPTER VII - SAFE SCHOOLS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

.

-HEAD-

SUBCHAPTER VII - SAFE SCHOOLS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5802 of this title.

-CITE-

20 USC Sec. 5961 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5961. Short title; statement of purpose

-STATUTE-

(a) Short title

This subchapter may be cited as the ''Safe Schools Act of 1994''.

(b) Statement of purpose

It is the purpose of this subchapter to help local school systems

achieve Goal Six (FOOTNOTE 1) of the National Education Goals,

which provides that by the year 2000, every school in America will

be free of drugs and violence and will offer a disciplined

environment conducive to learning, by ensuring that all schools are

safe and free of violence.

(FOOTNOTE 1) So in original. Probably should be ''Goal Seven''.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 701, Mar. 31, 1994, 108 Stat.

204.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title VII of Pub. L. 103-227, Mar. 31, 1994, 108

Stat. 204, which enacted this subchapter and amended section

1221e-1 of this title.

-CITE-

20 USC Sec. 5962 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5962. Safe schools program authorized

-STATUTE-

(a) Authority

(1) In general

From funds appropriated pursuant to the authority of subsection

(b)(1) of this section, the Secretary shall make competitive

grants to eligible local educational agencies to enable such

agencies to carry out projects and activities designed to achieve

Goal Six (FOOTNOTE 1) of the National Education Goals by helping

to ensure that all schools are safe and free of violence.

(FOOTNOTE 1) So in original. Probably should be ''Goal Seven''.

(2) Grant duration and amount

Grants under this subchapter may not exceed -

(A) two fiscal years in duration; and

(B) $3,000,000.

(3) Geographic distribution

To the extent practicable, grants under this subchapter shall

be awarded to eligible local educational agencies serving rural,

as well as urban, areas.

(b) Authorization of appropriations and reservation

(1) Authorization

There are authorized to be appropriated $50,000,000 for fiscal

year 1994 to carry out this subchapter.

(2) Reservation

The Secretary is authorized in each fiscal year to reserve not

more than 10 percent of the amount appropriated pursuant to the

authority of paragraph (1) to carry out national activities

described in section 5966 of this title, of which 50 percent of

such amount shall be available in such fiscal year to carry out

the program described in section 5966(b) of this title.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 702, Mar. 31, 1994, 108 Stat.

204.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5966 of this title.

-CITE-

20 USC Sec. 5963 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5963. Eligible applicants

-STATUTE-

(a) In general

To be eligible to receive a grant under this subchapter, a local

educational agency shall demonstrate in the application submitted

pursuant to section 5964(a) of this title that such agency -

(1) serves an area in which there is a high rate of -

(A) homicides committed by persons between the ages 5 to 18,

inclusive;

(B) referrals of youth to juvenile court;

(C) youth under the supervision of the courts;

(D) expulsions and suspensions of students from school;

(E) referrals of youth, for disciplinary reasons, to

alternative schools; or

(F) victimization of youth by violence, crime, or other forms

of abuse; and

(2) has serious school crime, violence, and discipline

problems, as indicated by other appropriate data.

(b) Priority

In awarding grants under this subchapter, the Secretary shall

give priority to a local educational agency that submits an

application that assures a strong local commitment to the projects

or activities assisted under this subchapter, such as -

(1) the formation of partnerships among the local educational

agency, a community-based organization, a nonprofit organization

with a demonstrated commitment to or expertise in developing

education programs or providing educational services to students

or the public, a local law enforcement agency, or any combination

thereof; and

(2) a high level of youth participation in such projects or

activities.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 703, Mar. 31, 1994, 108 Stat.

205.)

-CITE-

20 USC Sec. 5964 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5964. Applications and plans

-STATUTE-

(a) Application

In order to receive a grant under this subchapter, an eligible

local educational agency shall submit to the Secretary an

application that includes -

(1) an assessment of the current violence and crime problems in

the schools to be served by the grant and in the community to be

served by the applicant;

(2) an assurance that the applicant has written policies

regarding school safety, student discipline, and the appropriate

handling of violent or disruptive acts;

(3) a description of the schools and communities to be served

by the grant, the activities and projects to be carried out with

grant funds, and how these activities and projects will help to

reduce the current violence and crime problems in the schools and

communities served;

(4) a description of educational materials to be developed in

the first most predominate non-English language of the schools

and communities to be served by the grant, if applicable;

(5) if the local educational agency receives Federal education

funds, an explanation of how activities assisted under this

subchapter will be coordinated with and support any systemic

education improvement plan prepared with such funds;

(6) the applicant's plan to establish school-level advisory

committees, which include faculty, parents, staff, and students,

for each school to be served by the grant and a description of

how each committee will assist in assessing that school's

violence and discipline problems as well as in designing

appropriate programs, policies, and practices to combat such

problems;

(7) the applicant's plan for collecting baseline and future

data, by individual schools, to monitor violence and discipline

problems and to measure the applicant's progress in achieving the

purpose of this subchapter;

(8) a description of how, in subsequent fiscal years, the

grantee will integrate the violence prevention activities the

grantee carries out with funds under this subchapter with

activities carried out under the grantee's comprehensive plan for

drug and violence prevention adopted under the Drug-Free Schools

and Communities Act of 1986;

(9) a description of how the grantee will coordinate the

grantee's school crime and violence prevention efforts with

education, law enforcement, judicial, health, and social service

programs supported under the Juvenile Justice and Delinquency

Prevention Act of 1974 (42 U.S.C. 5601 et seq.), and other

appropriate agencies and organizations serving the community;

(10) a description of how the grantee will inform parents about

the extent of crime and violence in their children's schools and

maximize the participation of parents in the grantee's violence

prevention activities;

(11) an assurance that grant funds under this subchapter will

be used to supplement and not supplant State and local funds that

would, in the absence of funds under this subchapter, be made

available by the applicant for the purposes of the grant;

(12) an assurance that the applicant will cooperate with, and

provide assistance to, the Secretary in gathering statistics and

other data the Secretary determines are necessary to determine

the effectiveness of projects and activities assisted under this

subchapter or the extent of school violence and discipline

problems throughout the Nation; and

(13) such other information as the Secretary may require.

(b) Plan

In order to receive funds under this subchapter for a second

year, a grantee shall submit to the Secretary a comprehensive,

long-term, school safety plan for reducing and preventing school

violence and discipline problems. Such plan shall contain a

description of how the grantee will coordinate the grantee's school

crime and violence prevention efforts with education,

law-enforcement, judicial, health, social service, and other

appropriate agencies and organizations serving the community.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 704, Mar. 31, 1994, 108 Stat.

205.)

-REFTEXT-

REFERENCES IN TEXT

The Drug-Free Schools and Communities Act of 1986, referred to in

subsec. (a)(8), is title V of Pub. L. 89-10 as added by Pub. L.

100-297, title I, Sec. 1001, Apr. 28, 1988, 102 Stat. 252, which

was classified generally to subchapter V (Sec. 3171 et seq.) of

chapter 47 of this title, prior to the general amendment of Pub. L.

89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108

Stat. 3519. See section 7101 et seq. of this title.

The Juvenile Justice and Delinquency Prevention Act of 1974,

referred to in subsec. (a)(9), is Pub. L. 93-415, Sept. 7, 1974, 88

Stat. 1109, as amended, which is classified principally to chapter

72 (Sec. 5601 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 5601 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5963, 5967 of this title.

-CITE-

20 USC Sec. 5965 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5965. Use of funds

-STATUTE-

(a) In general

A local educational agency shall use grant funds received under

this subchapter for one or more of the following activities:

(1) Identifying and assessing school violence and discipline

problems, including coordinating needs assessment activities with

education, law enforcement, judicial, health, social service, and

other appropriate agencies and organizations, juvenile justice

programs, and gang prevention activities.

(2) Conducting school safety reviews or violence prevention

reviews of programs, policies, practices, and facilities to

determine what changes are needed to reduce or prevent violence

and promote safety and discipline.

(3) Planning for comprehensive, long-term strategies for

addressing and preventing school violence and discipline problems

through the involvement and coordination of school programs with

other education, law enforcement, judicial, health, social

service, and other appropriate agencies and organizations.

(4) Training school personnel in programs of demonstrated

effectiveness in addressing violence, including violence

prevention, conflict resolution, anger management, peer

mediation, and identification of high-risk youth.

(5) Activities which involve parents in efforts to promote

school safety and prevent school violence.

(6) Community education programs, including video- and

technology-based projects, informing parents, businesses, local

government, the media and other appropriate entities about -

(A) the local educational agency's plan to promote school

safety and reduce and prevent school violence and discipline

problems; and

(B) the need for community support.

(7) Coordination of school-based activities designed to promote

school safety and reduce or prevent school violence and

discipline problems with related efforts of education, law

enforcement, judicial, health, social service, and other

appropriate agencies and organizations and juvenile justice

programs.

(8) Developing and implementing violence prevention activities

and materials, including -

(A) conflict resolution and social skills development for

students, teachers, aides, other school personnel, and parents;

(B) disciplinary alternatives to expulsion and suspension of

students who exhibit violent or antisocial behavior;

(C) student-led activities such as peer mediation, peer

counseling, and student courts; or

(D) alternative after-school programs that provide safe

havens for students, which may include cultural, recreational,

educational and instructional activities, and mentoring and

community service programs.

(9) Educating students and parents regarding the dangers of

guns and other weapons and the consequences of their use.

(10) Developing and implementing innovative curricula to

prevent violence in schools and training staff how to stop

disruptive or violent behavior if such behavior occurs.

(11) Supporting ''safe zones of passage'' for students between

home and school through such measures as Drug- and Weapon-Free

School Zones, enhanced law enforcement, and neighborhood patrols.

(12) Counseling programs for victims and witnesses of school

violence and crime.

(13) Acquiring and installing metal detectors and hiring

security personnel.

(14) Reimbursing law enforcement authorities for their

personnel who participate in school violence prevention

activities.

(15) Evaluating projects and activities assisted under this

subchapter.

(16) The cost of administering projects or activities assisted

under this subchapter.

(17) Other projects or activities that meet the purpose of this

subchapter.

(b) Limitations

(1) In general

A local educational agency may use not more than -

(A) a total of 5 percent of grant funds received under this

subchapter in each fiscal year for activities described in

paragraphs (11), (13), and (14) of subsection (a) of this

section; and

(B) 5 percent of grant funds received under this subchapter

in each fiscal year for activities described in paragraph (16)

of subsection (a) of this section.

(2) Special rule

A local educational agency shall only be able to use grant

funds received under this subchapter for activities described in

paragraphs (11), (13), and (14) of subsection (a) of this section

if funding for such activities is not available from other

Federal sources.

(3) Prohibition

A local educational agency may not use grant funds received

under this subchapter for construction.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 705, Mar. 31, 1994, 108 Stat.

206.)

-CITE-

20 USC Sec. 5966 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5966. National activities

-STATUTE-

(a) National activities

(1) In general

To carry out the purpose of this subchapter, the Secretary -

(A) is authorized to use funds reserved under section

5962(b)(2) of this title to -

(i) conduct national leadership activities such as

research, program development and evaluation, data

collection, public awareness activities, training and

technical assistance, dissemination (through appropriate

research entities assisted by the Department of Education) of

information on successful projects, activities, and

strategies developed pursuant to this subchapter;

(ii) provide grants to noncommercial telecommunications

entities for the production and distribution of national

video-based projects that provide young people with models

for conflict resolution and responsible decisionmaking; and

(iii) conduct peer review of applications under this

subchapter; and

(B) shall develop a written safe schools model so that all

schools can develop models that enable all students to

participate regardless of any language barrier.

(2) Special rule

The Secretary may carry out the activities described in

paragraph (1) directly, through interagency agreements, or

through grants, contracts or cooperative agreements.

(b) National model city

The Secretary shall designate the District of Columbia as a

national model city and shall provide funds made available pursuant

to section 5962(b)(2) of this title in each fiscal year to a local

educational agency serving the District of Columbia in an amount

sufficient to enable such agency to carry out a comprehensive

program to address school and youth violence.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 706, Mar. 31, 1994, 108 Stat.

208.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5962 of this title.

-CITE-

20 USC Sec. 5967 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5967. Reports

-STATUTE-

(a) Report to Secretary

Each local educational agency that receives funds under this

subchapter shall submit to the Secretary a report not later than

March 1, 1995, that describes progress achieved in carrying out the

plan described in section 5964(b) of this title.

(b) Report to Congress

The Secretary shall submit to the Committee on Education and

Labor of the House of Representatives and the Committee on Labor

and Human Resources of the Senate a report not later than October

1, 1995, which shall contain a detailed statement regarding grant

awards, activities of grant recipients, a compilation of

statistical information submitted by applicants under section

5964(a) of this title, and an evaluation of programs assisted under

this subchapter.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 708, Mar. 31, 1994, 108 Stat.

209.)

-CITE-

20 USC Sec. 5968 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VII - SAFE SCHOOLS

-HEAD-

Sec. 5968. Coordination of Federal assistance

-STATUTE-

The Secretary, as a member of the Coordinating Council on

Juvenile Justice and Delinquency Prevention of the Department of

Justice, shall coordinate the programs and activities carried out

under this subchapter with the programs and activities carried out

by the departments and offices represented within the Council that

provide assistance under other Federal law for purposes that are

determined by the Secretary to be similar to the purpose of this

subchapter, in order to avoid redundancy and coordinate Federal

assistance, research, and programs for youth violence prevention.

-SOURCE-

(Pub. L. 103-227, title VII, Sec. 709, Mar. 31, 1994, 108 Stat.

209.)

-CITE-

20 USC SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS

EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

.

-HEAD-

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5802 of this title.

-CITE-

20 USC Sec. 5981 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-HEAD-

Sec. 5981. Short title

-STATUTE-

This subchapter may be cited as the ''Minority-Focused Civics

Education Act of 1994''.

-SOURCE-

(Pub. L. 103-227, title VIII, Sec. 801, Mar. 31, 1994, 108 Stat.

209.)

-CITE-

20 USC Sec. 5982 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-HEAD-

Sec. 5982. Purposes

-STATUTE-

It is the purpose of this subchapter -

(1) to encourage improved instruction for minorities and Native

Americans in American government and civics through a national

program of accredited summer teacher training and staff

development seminars or institutes followed by academic year

inservice training programs conducted on college and university

campuses or other appropriate sites, for -

(A) social studies and other teachers responsible for

American history, government, and civics classes; and

(B) other educators who work with minority and Native

American youth; and

(2) through such improved instruction to improve minority and

Native American student knowledge and understanding of the

American system of government.

-SOURCE-

(Pub. L. 103-227, title VIII, Sec. 802, Mar. 31, 1994, 108 Stat.

209.)

-CITE-

20 USC Sec. 5983 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-HEAD-

Sec. 5983. Grants authorized; authorization of appropriations

-STATUTE-

(a) Grants authorized

(1) In general

The Secretary is authorized to make grants to eligible entities

for the development and implementation of seminars in American

government and civics for elementary and secondary school

teachers and other educators who work with minority and Native

American students.

(2) Award rule

In awarding grants under this subchapter, the Secretary shall

ensure that there is wide geographic distribution of such grants.

(b) Authorization of appropriations

There are authorized to be appropriated $5,000,000 for fiscal

1995, and such sums as may be necessary for each of the fiscal

years 1996, 1997, and 1998, to carry out this subchapter.

-SOURCE-

(Pub. L. 103-227, title VIII, Sec. 803, Mar. 31, 1994, 108 Stat.

210.)

-CITE-

20 USC Sec. 5984 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-HEAD-

Sec. 5984. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term ''eligible entity'' means a State educational

agency, an institution of higher education or a State higher

education agency, or a public or private nonprofit organization,

with experience in coordinating or conducting teacher training

seminars in American government and civics education, or a

consortium thereof; and

(2) the term ''State higher education agency'' means the

officer or agency primarily responsible for the State supervision

of higher education.

-SOURCE-

(Pub. L. 103-227, title VIII, Sec. 804, Mar. 31, 1994, 108 Stat.

210.)

-CITE-

20 USC Sec. 5985 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER VIII - MINORITY-FOCUSED CIVICS EDUCATION

-HEAD-

Sec. 5985. Applications

-STATUTE-

(a) Application required

Each eligible entity desiring a grant under this subchapter 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.

(b) Contents of application

Each application submitted pursuant to subsection (a) of this

section shall -

(1) define the learning objectives and course content of each

seminar to be held and describe the manner in which seminar

participants shall receive substantive academic instruction in

the principles, institutions and processes of American

government;

(2) provide assurances that educators successfully

participating in each seminar will qualify for either graduate

credit or professional development or advancement credit

according to the criteria established by a State or local

educational agency;

(3) describe the manner in which seminar participants shall

receive exposure to a broad array of individuals who are actively

involved in the political process, including political party

representatives drawn equally from the major political parties,

as well as representatives of other organizations involved in the

political process;

(4) provide assurances that the seminars will be conducted on a

nonpartisan basis;

(5) describe the manner in which the seminars will address the

role of minorities or Native Americans in the American political

process, including such topics as -

(A) the history and current political state of minorities or

Native Americans;

(B) recent research on minority or Native American political

socialization patterns and cognitive learning styles; and

(C) studies of political participation patterns of minorities

or Native Americans;

(6) describe the pedagogical elements for teachers that will

enable teachers to develop effective strategies and lesson plans

for teaching minorities or Native American students at the

elementary and secondary school levels;

(7) identify the eligible entities which will conduct the

seminars for which assistance is sought;

(8) in the case that the eligible entity is an institution of

higher education, describe the plans for collaborating with

national organizations in American government and civics

education;

(9) provide assurances that during the academic year educators

participating in the summer seminars will provide inservice

training programs based upon what such educators have learned and

the curricular materials such educators have developed or

acquired for their peers in their school systems with the

approval and support of their school administrators; and

(10) describe the activities or services for which assistance

is sought, including activities and services such as -

(A) development of seminar curricula;

(B) development and distribution of instructional materials;

(C) scholarships for participating teachers; and

(D) program assessment and evaluation.

(c) Priority

The Secretary, in approving applications for assistance under

this subchapter, shall give priority to applications which

demonstrate that -

(1) the applicant will serve teachers who teach in schools with

a large number or concentration of economically disadvantaged

students;

(2) the applicant has demonstrated national experience in

conducting or coordinating accredited summer seminars in American

government or civics education for elementary and secondary

school teachers;

(3) the applicant will coordinate or conduct seminars on a

national or multistate basis through a collaboration with an

institution of higher education, State higher education agency or

a public or private nonprofit organization, with experience in

coordinating or conducting teacher training programs in American

government and civics education;

(4) the applicant will coordinate or conduct seminars designed

for more than one minority student population and for Native

Americans; and

(5) the applicant will coordinate or conduct seminars that

offer a combination of academic instruction in American

government, exposure to the practical workings of the political

system, and training in appropriate pedagogical techniques for

working with minority and Native American students.

-SOURCE-

(Pub. L. 103-227, title VIII, Sec. 805, Mar. 31, 1994, 108 Stat.

210.)

-CITE-

20 USC SUBCHAPTER IX - EDUCATIONAL RESEARCH AND

IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

.

-HEAD-

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5802, 9562 of this

title.

-CITE-

20 USC Sec. 6001 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

-HEAD-

Sec. 6001. Short title

-STATUTE-

This subchapter may be cited as the ''Educational Research,

Development, Dissemination, and Improvement Act of 1994''.

-SOURCE-

(Pub. L. 103-227, title IX, Sec. 901, Mar. 31, 1994, 108 Stat.

212.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title IX of Pub. L. 103-227, Mar. 31, 1994, 108

Stat. 212, which enacted this subchapter, amended sections 2422,

3155, 3412, 3419, 3462, and 4085b of this title, repealed section

1221e of this title, and enacted provisions set out as notes under

sections 1221e and 3155 of this title.

-CITE-

20 USC Sec. 6002 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

-HEAD-

Sec. 6002. Findings

-STATUTE-

The Congress finds as follows with respect to improving education

in the United States:

(1) A majority of public schools in the United States are

failing to prepare students to achieve the National Education

Goals. The Federal Government should support an extensive program

of educational research, development, dissemination, replication

and assistance to identify and support the best responses for the

challenges ahead. A significant investment in attaining a deeper

understanding of the processes of learning and schooling and

developing new ideas holds the best hope of making a substantial

difference to the lives of every student in the United States.

The Office of Educational Research and Improvement within the

Department of Education should be at the center of this campaign

in order to coordinate such efforts.

(2) The Federal role in educational research has been closely

identified with youths who are socioeconomically disadvantaged,

are minorities, belong to a language minority, or have a

disability. The Federal commitment to education was sufficient

to serve not more than -

(A) in 1993, 1 out of every 6 low-income children in need of

preschool education;

(B) in 1990, 3 out of every 5 children in need of

remediation;

(C) in 1991, 1 out of every 5 children in need of bilingual

education; and

(D) in 1992, 1 out of every 20 youths eligible for assistance

under the Job Training Partnership Act.

(3) The failure of the Federal Government to adequately invest

in educational research and development has denied the United

States a sound foundation of knowledge on which to design school

improvements. The educational achievement of minority children

is of particular concern because at least half of the public

school students in 25 of the largest cities of the United States

are minority children, and demographers project that, by the year

2005, almost all urban public school students will be minority

children or other children in poverty.

(4) The investment goal of the Federal research, development,

and dissemination function should be at least 1 percent of the

total amount of funds spent on education.

(5) Nationwide model programs and reliable interventions should

be demonstrated and replicated, and for such purposes, programs

should be established to conduct research and evaluations, and to

disseminate information.

(6) The Office should develop a national dissemination policy

that will advance the goal of placing a national treasure chest

of research results, models, and materials at the disposal of the

education decisionmakers of the United States.

(7) A National Educational Research Policy and Priorities Board

should be established to work collaboratively with the Assistant

Secretary to forge a national consensus with respect to a

long-term agenda for educational research, development,

dissemination, and the activities of the Office.

(8) Existing research and development entities should adopt

expanded, proactive roles and new institutions should be created

to promote knowledge development necessary to accelerate the

application of research findings to high priority areas.

(9) Greater use should be made of existing technologies in

efforts to improve the educational system of the United States,

including efforts to disseminate research findings.

(10) Minority educational researchers are inadequately

represented throughout the Department of Education, but

particularly in the Office. The Office therefore should assume a

leadership position in the recruitment, retention, and promotion

of qualified minority educational researchers.

(11) The coordination of the mission of the Office with that of

other components of the Department of Education is critical. The

Office should improve the coordination of the educational

research, development, and dissemination function with those of

other Federal agencies.

-SOURCE-

(Pub. L. 103-227, title IX, Sec. 902, Mar. 31, 1994, 108 Stat.

212.)

-REFTEXT-

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in par. (2)(D), is

Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which was

classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,

Labor, and was repealed by Pub. L. 105-220, title I, Sec.

199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July

1, 2000. Pursuant to section 2940(b) of Title 29, references to a

provision of the Job Training Partnership Act, effective Aug. 7,

1998, are deemed to refer to that provision or the corresponding

provision of the Workforce Investment Act of 1998, Pub. L. 105-220,

Aug. 7, 1998, 112 Stat. 936, and effective July 1, 2000, are deemed

to refer to the corresponding provision of the Workforce Investment

Act of 1998. For complete classification of the Job Training

Partnership Act to the Code, see Tables. For complete

classification of the Workforce Investment Act of 1998 to the Code,

see Short Title note set out under section 9201 of this title and

Tables.

-MISC2-

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

The Office of Educational Research and Improvement was

established by section 3419 of this title. Section 3419 was

repealed and a new section 3419 establishing the Institute of

Educational Sciences was enacted by Pub. L. 107-279, title IV, Sec.

402(2), Nov. 5, 2002, 116 Stat. 1985.

-CITE-

20 USC Part A - General Provisions Regarding Office of

Educational Research and Improvement 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part A - General Provisions Regarding Office of Educational

Research and Improvement

.

-HEAD-

Part A - General Provisions Regarding Office of Educational

Research and Improvement

-CITE-

20 USC Sec. 6011 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part A - General Provisions Regarding Office of Educational

Research and Improvement

-HEAD-

Sec. 6011. Repealed. Pub. L. 107-279, title IV, Sec. 403(2), Nov.

5, 2002, 116 Stat. 1985

-MISC1-

Section, Pub. L. 103-227, title IX, Sec. 912, Mar. 31, 1994, 108

Stat. 213; Pub. L. 103-382, title II, Sec. 271(a)(3)(B), Oct. 20,

1994, 108 Stat. 3929, stated policy and purpose of Office of

Educational Research and Improvement and set forth provisions

relating to employees, publications, reports on activities,

research, coordination of activities, evaluations, definitions, and

appropriations.

-CITE-

20 USC Part B - National Educational Research Policy and

Priorities Board 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part B - National Educational Research Policy and Priorities Board

.

-HEAD-

Part B - National Educational Research Policy and Priorities Board

-CITE-

20 USC Sec. 6021 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part B - National Educational Research Policy and Priorities Board

-HEAD-

Sec. 6021. Repealed. Pub. L. 107-279, title IV, Sec. 403(2), Nov.

5, 2002, 116 Stat. 1985

-MISC1-

Section, Pub. L. 103-227, title IX, Sec. 921, Mar. 31, 1994, 108

Stat. 223, established National Educational Research Policy and

Priorities Board.

-CITE-

20 USC Part C - National Research Institutes 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part C - National Research Institutes

.

-HEAD-

Part C - National Research Institutes

-CITE-

20 USC Sec. 6031 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part C - National Research Institutes

-HEAD-

Sec. 6031. Repealed. Pub. L. 107-279, title IV, Sec. 403(2), Nov.

5, 2002, 116 Stat. 1985

-MISC1-

Section, Pub. L. 103-227, title IX, Sec. 931, Mar. 31, 1994, 108

Stat. 227, established the National Institute on Student

Achievement, Curriculum, and Assessment, the National Institute on

the Education of At-Risk Students, the National Institute on

Educational Governance, Finance, Policy-Making, and Management, the

National Institute on Early Childhood Development and Education,

and the National Institute on Postsecondary Education, Libraries,

and Lifelong Education.

-CITE-

20 USC Part D - National Education Dissemination System 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part D - National Education Dissemination System

.

-HEAD-

Part D - National Education Dissemination System

-CITE-

20 USC Sec. 6041 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part D - National Education Dissemination System

-HEAD-

Sec. 6041. Repealed. Pub. L. 107-279, title IV, Sec. 403(2), Nov.

5, 2002, 116 Stat. 1985

-MISC1-

Section, Pub. L. 103-227, title IX, Sec. 941, Mar. 31, 1994, 108

Stat. 243; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

301(b)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-410, established

Office of Reform Assistance and Dissemination.

-CITE-

20 USC Part E - National Library of Education 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part E - National Library of Education

.

-HEAD-

Part E - National Library of Education

-CITE-

20 USC Sec. 6051 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part E - National Library of Education

-HEAD-

Sec. 6051. Repealed. Pub. L. 107-279, title IV, Sec. 403(2), Nov.

5, 2002, 116 Stat. 1985

-MISC1-

Section, Pub. L. 103-227, title IX, Sec. 951, Mar. 31, 1994, 108

Stat. 260, established within the Department of Education a

National Library of Education.

-CITE-

20 USC Part F - Certain Multiyear Grants and Contracts 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part F - Certain Multiyear Grants and Contracts

.

-HEAD-

Part F - Certain Multiyear Grants and Contracts

-COD-

CODIFICATION

This part was, in the original, part J of title IX of Pub. L.

103-227 and has been designated part F of this subchapter for

purposes of codification.

-CITE-

20 USC Sec. 6052 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part F - Certain Multiyear Grants and Contracts

-HEAD-

Sec. 6052. Continuation of awards

-STATUTE-

(a) In general

Notwithstanding any other provision of law, from funds

appropriated under subsection (b) of this section, the Secretary -

(1) shall continue to fund any multiyear grant or contract

awarded under section 3141 and parts A and C of title XIII of the

Elementary and Secondary Education Act of 1965 (as such

provisions were in effect on the day preceding January 8, 2002),

for the duration of that multiyear award in accordance with its

terms; and

(2) may extend, on a year-to-year basis, any multiyear grant or

contract awarded under an authority described in paragraph (1)

that expires after January 8, 2002, but before the enactment of

successor authority to this subchapter. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(b) Authorization of appropriations

There are authorized to be appropriated for each fiscal year such

sums as may be necessary to carry out subsection (a) of this

section.

-SOURCE-

(Pub. L. 103-227, title IX, Sec. 995, as added Pub. L. 107-110,

title X, Sec. 1074, Jan. 8, 2002, 115 Stat. 2090.)

-REFTEXT-

REFERENCES IN TEXT

Section 3141 and parts A and C of title XIII of the Elementary

and Secondary Education Act of 1965 (as such provisions were in

effect on the day preceding January 8, 2002), referred to in

subsec. (a)(1), are section 3141 and parts A and C of title XIII of

Pub. L. 89-10, as added by Pub. L. 103-382, title I, Sec. 101, Oct.

20, 1994, 108 Stat. 3649, 3877, 3882. Section 3141 of the Act was

classified to section 6861 of this title, prior to the general

amendment of title III of Pub. L. 89-10 by Pub. L. 107-110, title

III, Sec. 301, Jan. 8, 2002, 115 Stat. 1689. Part A of title XIII

of the Act was classified to part A (Sec. 8621 et seq.) of

subchapter XIII of chapter 70 of this title, prior to its

redesignation as part K of title IX of Pub. L. 103-227 by Pub. L.

107-110, title X, Sec. 1021(a), Jan. 8, 2002, 115 Stat. 1987, and

transfer to part G (Sec. 6053 et seq.) of this subchapter. Part C

of title XIII of the Act was classified to part C (Sec. 8671 et

seq.) of subchapter XIII of chapter 70 of this title, prior to its

redesignation as part M of title IX of Pub. L. 103-227 by Pub. L.

107-110, title X, Sec. 1023(a), Jan. 8, 2002, 115 Stat. 1987, and

transfer to part I (Sec. 6055 et seq.) of this subchapter.

This subchapter, referred to in subsec. (a)(2), was in the

original ''this Act'' and has been translated as reading ''this

title'' to reflect the probable intent of Congress.

-MISC2-

EFFECTIVE DATE

Section effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as a note under section 6301 of this

title.

-CITE-

20 USC Part G - Comprehensive Regional Assistance Centers 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part G - Comprehensive Regional Assistance Centers

.

-HEAD-

Part G - Comprehensive Regional Assistance Centers

-COD-

CODIFICATION

Part K of title IX of Pub. L. 103-227, which comprised this part,

was designated part G of this subchapter for purposes of

codification. Part K of title IX of Pub. L. 103-227 was formerly

part A of title XIII of Pub. L. 89-10, which was classified to part

A (Sec. 8621 et seq.) of subchapter XIII of chapter 70 of this

title, prior to being redesignated as part K of title IX of Pub. L.

103-227 by Pub. L. 107-110, title X, Sec. 1021(a), Jan. 8, 2002,

115 Stat. 1987, transferred to this part, and subsequently repealed

by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002, 116 Stat.

1985.

-CITE-

20 USC Sec. 6053 to 6053e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part G - Comprehensive Regional Assistance Centers

-HEAD-

Sec. 6053 to 6053e. Repealed. Pub. L. 107-279, title IV, Sec.

403(2), Nov. 5, 2002, 116 Stat. 1985

-MISC1-

Section 6053, Pub. L. 103-227, title IX, Sec. 1001, formerly Pub.

L. 89-10, title XIII, Sec. 13101, as added Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3877; renumbered Pub. L.

103-227, title IX, Sec. 1001, and amended Pub. L. 107-110, title X,

Sec. 1021(a),(b), 1025(a)(2)(A), (17)(A), (B), (19), Jan. 8, 2002,

115 Stat. 1987-1989, authorized program for establishment of

comprehensive regional assistance centers.

Section 6053a, Pub. L. 103-227, title IX, Sec. 1002, formerly

Pub. L. 89-10, title XIII, Sec. 13102, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3878; renumbered Pub.

L. 103-227, title IX, Sec. 1002, and amended Pub. L. 107-110, title

X, Sec. 1021(a),(b), 1025(a)(1), (2)(B), (6), (7), (10), (17)(C),

(19), Jan. 8, 2002, 115 Stat. 1987-1989, related to requirements of

centers.

Section 6053b, Pub. L. 103-227, title IX, Sec. 1003, formerly

Pub. L. 89-10, title XIII, Sec. 13103, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3879; renumbered Pub.

L. 103-227, title IX, Sec. 1003, and amended Pub. L. 107-110, title

X, Sec. 1021(a),(b), 1025(a)(8), (10), (16), Jan. 8, 2002, 115

Stat. 1987-1989, related to maintenance of service and application

requirements.

Section 6053c, Pub. L. 103-227, title IX, Sec. 1004, formerly

Pub. L. 89-10, title XIII, Sec. 13104, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub.

L. 103-227, title IX, Sec. 1004, and amended Pub. L. 107-110, title

X, Sec. 1021(a),(b), 1025(a)(9), (18), Jan. 8, 2002, 115 Stat.

1987-1989, related to transition and phase in of centers.

Section 6053d, Pub. L. 103-227, title IX, Sec. 1005, formerly

Pub. L. 89-10, title XIII, Sec. 13105, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub.

L. 103-227, title IX, Sec. 1005, Pub. L. 107-110, title X, Sec.

1021(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized

appropriations.

Section 6053e, Pub. L. 103-227, title IX, Sec. 1006, as added

Pub. L. 107-110, title X, Sec. 1021(c), Jan. 8, 2002, 115 Stat.

1987, applied section 7801 definitions to this part.

-CITE-

20 USC Part H - National Diffusion Network 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part H - National Diffusion Network

.

-HEAD-

Part H - National Diffusion Network

-COD-

CODIFICATION

Part L of title IX of Pub. L. 103-227, which comprised this part,

was designated part H of this subchapter for purposes of

codification. Part L of title IX of Pub. L. 103-227 was formerly

part B of title XIII of Pub. L. 89-10, which was classified to part

B (Sec. 8651 et seq.) of subchapter XIII of chapter 70 of this

title, prior to being redesignated as part L of title IX of Pub. L.

103-227 by Pub. L. 107-110, title X, Sec. 1022(a), Jan. 8, 2002,

115 Stat. 1987, transferred to this part, and subsequently repealed

by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002, 116 Stat.

1985.

-CITE-

20 USC Sec. 6054 to 6054b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part H - National Diffusion Network

-HEAD-

Sec. 6054 to 6054b. Repealed. Pub. L. 107-279, title IV, Sec.

403(2), Nov. 5, 2002, 116 Stat. 1985

-MISC1-

Section 6054, Pub. L. 103-227, title IX, Sec. 1011, formerly Pub.

L. 89-10, title XIII, Sec. 13201, as added Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3880; renumbered Pub. L.

103-227, title IX, Sec. 1011, and amended Pub. L. 107-110, title X,

Sec. 1022(a),(b), 1025(a)(2)(A), (B)-(4), (5), (6), (16), (17)(D),

(20), Jan. 8, 2002, 115 Stat. 1987-1989, authorized establishment

of National Diffusion Network.

Another section 1011 of Pub. L. 103-227 is classified to section

6061 of this title.

Section 6054a, Pub. L. 103-227, title IX, Sec. 1012, formerly

Pub. L. 89-10, title XIII, Sec. 13202, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3882; renumbered Pub.

L. 103-227, title IX, Sec. 1012, Pub. L. 107-110, title X, Sec.

1022(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized

appropriations.

Section 6054b, Pub. L. 103-227, title IX, Sec. 1013, as added

Pub. L. 107-110, title X, Sec. 1022(c), Jan. 8, 2002, 115 Stat.

1987, applied section 7801 definitions to this part.

-CITE-

20 USC Part I - Eisenhower Regional Mathematics and

Science Education Consortia 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part I - Eisenhower Regional Mathematics and Science Education

Consortia

.

-HEAD-

Part I - Eisenhower Regional Mathematics and Science Education

Consortia

-COD-

CODIFICATION

Part M of title IX of Pub. L. 103-227, which comprised this part,

was designated part I of this subchapter for purposes of

codification. Part M of title IX of Pub. L. 103-227 was formerly

part C of title XIII of Pub. L. 89-10, which was classified to part

C (Sec. 8671 et seq.) of subchapter XIII of chapter 70 of this

title, prior to being redesignated as part M of title IX of Pub. L.

103-227 by Pub. L. 107-110, title X, Sec. 1023(a), Jan. 8, 2002,

115 Stat. 1987, transferred to this part, and subsequently repealed

by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002, 116 Stat.

1985.

-CITE-

20 USC Sec. 6055 to 6055h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part I - Eisenhower Regional Mathematics and Science Education

Consortia

-HEAD-

Sec. 6055 to 6055h. Repealed. Pub. L. 107-279, title IV, Sec.

403(2), Nov. 5, 2002, 116 Stat. 1985

-MISC1-

Section 6055, Pub. L. 103-227, title IX, Sec. 1021, formerly Pub.

L. 89-10, title XIII, Sec. 13301, as added Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3882; renumbered Pub. L.

103-227, title IX, Sec. 1021, and amended Pub. L. 107-110, title X,

Sec. 1023(a),(b), 1025(a)(15), Jan. 8, 2002, 115 Stat. 1987, 1988,

authorized grants and contracts for establishment and operation of

regional mathematics and science education consortia.

Another section 1021 of Pub. L. 103-227 amended section 2421 of

this title prior to the general amendment of chapter 44 of this

title by Pub. L. 105-332.

Section 6055a, Pub. L. 103-227, title IX, Sec. 1022, formerly

Pub. L. 89-10, title XIII, Sec. 13302, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3883; renumbered Pub.

L. 103-227, title IX, Sec. 1022, and amended Pub. L. 107-110, title

X, Sec. 1023(a),(b), 1025(a)(11), (14), (21), Jan. 8, 2002, 115

Stat. 1987-1989, related to use of funds.

Another section 1022 of Pub. L. 103-227 is classified to section

6067 of this title.

Section 6055b, Pub. L. 103-227, title IX, Sec. 1023, formerly

Pub. L. 89-10, title XIII, Sec. 13303, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3884; renumbered Pub.

L. 103-227, title IX, Sec. 1023, Pub. L. 107-110, title X, Sec.

1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, related to application

for grant or contract and review.

Section 6055c, Pub. L. 103-227, title IX, Sec. 1024, formerly

Pub. L. 89-10, title XIII, Sec. 13304, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub.

L. 103-227, title IX, Sec. 1024, Pub. L. 107-110, title X, Sec.

1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, required each entity in

receipt of a grant or contract to establish a regional board for

oversight and establishment of program priorities.

Section 6055d, Pub. L. 103-227, title IX, Sec. 1025, formerly

Pub. L. 89-10, title XIII, Sec. 13305, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub.

L. 103-227, title IX, Sec. 1025, and amended Pub. L. 107-110, title

X, Sec. 1023(a),(b), 1025(a)(13), Jan. 8, 2002, 115 Stat. 1987,

1988, related to payments and Federal and non-Federal shares.

Section 6055e, Pub. L. 103-227, title IX, Sec. 1026, formerly

Pub. L. 89-10, title XIII, Sec. 13306, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3885; renumbered Pub.

L. 103-227, title IX, Sec. 1026, and amended Pub. L. 107-110, title

X, Sec. 1023(a),(b), 1025(a)(22), Jan. 8, 2002, 115 Stat. 1987,

1989, related to evaluations and reports.

Section 6055f, Pub. L. 103-227, title IX, Sec. 1027, formerly

Pub. L. 89-10, title XIII, Sec. 13307, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub.

L. 103-227, title IX, Sec. 1027, and amended Pub. L. 107-110, title

X, Sec. 1023(a),(b), 1025(a)(4), (12) Jan. 8, 2002, 115 Stat. 1987,

1988, defined terms for purposes of this part.

Section 6055g, Pub. L. 103-227, title IX, Sec. 1028, formerly

Pub. L. 89-10, title XIII, Sec. 13308, as added Pub. L. 103-382,

title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub.

L. 103-227, title IX, Sec. 1028, Pub. L. 107-110, title X, Sec.

1023(a),(b), Jan. 8, 2002, 115 Stat. 1987, authorized

appropriations.

Section 6055h, Pub. L. 103-227, title IX, Sec. 1029, as added

Pub. L. 107-110, title X, Sec. 1023(c), Jan. 8, 2002, 115 Stat.

1987, applied section 7801 definitions to this part.

-CITE-

20 USC Part J - Technology-Based Technical Assistance 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part J - Technology-Based Technical Assistance

.

-HEAD-

Part J - Technology-Based Technical Assistance

-COD-

CODIFICATION

Part N of title IX of Pub. L. 103-227, which comprised this part,

was designated part J of this subchapter for purposes of

codification. Part N of title IX of Pub. L. 103-227 was formerly

part D of title XIII of Pub. L. 89-10, which was classified to part

D (Sec. 8701 et seq.) of subchapter XIII of chapter 70 of this

title, prior to being redesignated as part N of title IX of Pub. L.

103-227 by Pub. L. 107-110, title X, Sec. 1024(a), Jan. 8, 2002,

115 Stat. 1987, transferred to this part, and subsequently repealed

by Pub. L. 107-279, title IV, Sec. 403(2), Nov. 5, 2002, 116 Stat.

1985.

-CITE-

20 USC Sec. 6056, 6056a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER IX - EDUCATIONAL RESEARCH AND IMPROVEMENT

Part J - Technology-Based Technical Assistance

-HEAD-

Sec. 6056, 6056a. Repealed. Pub. L. 107-279, title IV, Sec. 403(2),

Nov. 5, 2002, 116 Stat. 1985

-MISC1-

Section 6056, Pub. L. 103-227, title IX, Sec. 1031, formerly Pub.

L. 89-10, title XIII, Sec. 13401, as added Pub. L. 103-382, title

I, Sec. 101, Oct. 20, 1994, 108 Stat. 3886; renumbered Pub. L.

103-227, title IX, Sec. 1031, and amended Pub. L. 107-110, title X,

Sec. 1024(a),(b), 1025(a)(17)(E), Jan. 8, 2002, 115 Stat.

1987-1989, authorized technology-based technical assistance.

Another section 1031 of Pub. L. 103-227 is set out as a note

under section 6301 of this title.

Section 6056a, Pub. L. 103-227, title IX, Sec. 1032, as added

Pub. L. 107-110, title X, Sec. 1024(c), Jan. 8, 2002, 115 Stat.

1988, applied section 7801 definitions to this part.

Another section 1032 of Pub. L. 103-227 enacted section 3351 of

this title and amended sections 3381 to 3384 and 3386 of this title

prior to the general amendment of chapter 47 of this title by Pub.

L. 103-382.

-CITE-

20 USC SUBCHAPTER X - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

.

-HEAD-

SUBCHAPTER X - MISCELLANEOUS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5802 of this title.

-CITE-

20 USC Part A - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

.

-HEAD-

Part A - Miscellaneous Provisions

-CITE-

20 USC Sec. 6061 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6061. School prayer

-STATUTE-

No funds authorized to be appropriated under this chapter may be

used by any State or local educational agency to adopt policies

that prevent voluntary prayer and meditation in public schools.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1011, Mar. 31, 1994, 108 Stat.

265.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original this

''Act'', meaning Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

-COD-

CODIFICATION

Another section 1011 of Pub. L. 103-227 was classified to section

6054 of this title, prior to repeal by Pub. L. 107-279.

-CITE-

20 USC Sec. 6062 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6062. Funding for Individuals with Disabilities Education Act

-STATUTE-

(a) Findings

The Congress finds that -

(1) the Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.) was established with the commitment of forty

percent Federal funding but currently receives only eight percent

Federal funding;

(2) this funding shortfall is particularly burdensome to school

districts and schools in low-income areas which serve higher than

average proportions of students with disabilities and have fewer

local resources to contribute; and

(3) it would cost the Federal Government approximately

$10,000,000,000 each year to fully fund the Individuals with

Disabilities Education Act.

(b) Sense of Congress

It is the sense of the Congress that the Federal Government

should provide States and communities with adequate resources under

the Individuals with Disabilities Education Act (20 U.S.C. 1400 et

seq.) as soon as reasonably possible, through the reallocation of

noneducation funds within the current budget monetary constraints.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1012, Mar. 31, 1994, 108 Stat.

265.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

text, is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175,

as amended, which is classified generally to chapter 33 (Sec. 1400

et seq.) of this title. For complete classification of this Act to

the Code, see section 1400 of this title and Tables.

-COD-

CODIFICATION

Another section 1012 of Pub. L. 103-227 was classified to section

6054a of this title, prior to repeal by Pub. L. 107-279.

-CITE-

20 USC Sec. 6063 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6063. Study of Goals 2000 and students with disabilities

-STATUTE-

(a) Study required

(1) In general

Not later than 180 days after March 31, 1994, the Secretary

shall make appropriate arrangements with the National Academy of

Sciences or the National Academy of Education to conduct a

comprehensive study of the inclusion of children with

disabilities in school reform activities assisted under the Goals

2000: Educate America Act (20 U.S.C. 5801 et seq.).

(2) ''Children with disabilities'' defined

For purposes of this section, the term ''children with

disabilities'' has the same meaning given such term in section

1401 (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(b) Study components

The study conducted under subsection (a) of this section shall

include -

(1) an evaluation of the National Education Goals and

objectives, curriculum reforms, standards, and other programs and

activities intended to achieve those goals;

(2) a review of the adequacy of assessments and measures used

to gauge progress towards meeting National Education Goals and

any national and State standards, and an examination of other

methods or accommodations necessary or desirable to collect data

on the educational progress of children with disabilities, and

the costs of such methods and accommodations;

(3) an examination of what incentives or assistance might be

provided to States to develop improvement plans that adequately

address the needs of children with disabilities;

(4) the relation of the Goals 2000: Educate America Act (20

U.S.C. 5801 et seq.) to other Federal laws governing or affecting

the education of children with disabilities; and

(5) such other issues as the National Academy of Sciences or

the National Academy of Education considers appropriate.

(c) Study panel membership

Any panel constituted in furtherance of the study to be conducted

under subsection (a) of this section shall include consumer

representatives.

(d) Findings and recommendations

The Secretary shall request the National Academy of Sciences or

the National Academy of Education to submit an interim report of

its findings and recommendations to the President and Congress not

later than 12 months, and a final report not later than 24 months,

from the date of the completion of procurement relating to the

study.

(e) Funding

From funds appropriated to the Secretary for research related to

individuals with disabilities the Secretary shall make available

$600,000 for fiscal year 1994, and such sums as may be necessary

for fiscal year 1995, to carry out this section. Amounts made

available under this subsection shall remain available until

expended.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1015, Mar. 31, 1994, 108 Stat.

266.)

-REFTEXT-

REFERENCES IN TEXT

The Goals 2000: Educate America Act, referred to in subsecs.

(a)(1) and (b)(4), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125

(except titles V and IX), as amended, which is classified

principally to this chapter (except subchapters V (Sec. 5931 et

seq.) and IX (Sec. 6001 et seq.)). For complete classification of

this Act to the Code, see Short Title note set out under section

5801 of this title and Tables.

Section 1401 of this title, referred to in subsec. (a)(2), was in

the original a reference to section 602 of the Individuals with

Disabilities Education Act, Pub. L. 91-230, title VI. Section 602

of Pub. L. 91-230 was omitted in the general amendment of

subchapter I of chapter 33 of this title by Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 37. Pub. L. 105-17 enacted a

new section 602 of Pub. L. 91-230, which is classified to section

1401 of this title, and which contains provisions defining ''child

with a disability''.

-CITE-

20 USC Sec. 6064 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6064. Contraceptive devices

-STATUTE-

The Department of Health and Human Services and the Department of

Education shall ensure that all federally funded programs which

provide for the distribution of contraceptive devices to

unemancipated minors develop procedures to encourage, to the extent

practical, family participation in such programs.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1018, Mar. 31, 1994, 108 Stat.

268.)

-CITE-

20 USC Sec. 6065 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6065. Assessments

-STATUTE-

(a) Subchapter II

No funds provided under subchapter II of this chapter shall be

used to develop or undertake assessments that will be used to make

decisions regarding the graduation, grade promotion, or retention

of students for 5 years after March 31, 1994.

(b) Subchapter III (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

Assessments developed with funds under subchapter III (FOOTNOTE

1) of this chapter may be used for decisions regarding graduation,

grade promotion, or retention of students only on the condition

that students have been prepared in the content for which the

students are being assessed.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1019, Mar. 31, 1994, 108 Stat.

269.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters II and III of this chapter, referred to in text, were

in the original references to titles II and III, respectively, of

Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 133, 157. Title II

enacted subchapter II of this chapter and section 3425 of this

title, amended section 5093 of this title and section 5315 of Title

5, Government Organization and Employees, and enacted provisions

set out as a note under section 5093 of this title. Title III was

classified generally to subchapter III (Sec. 5881 et seq.) of this

chapter and was repealed by Pub. L. 106-113, div. B, Sec.

1000(a)(4) (title III, Sec. 310(i)), Nov. 29, 1999, 113 Stat. 1535,

1501A-265.

-CITE-

20 USC Sec. 6066 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6066. Public schools

-STATUTE-

Except as provided in section 5890 (FOOTNOTE 1) of this title,

nothing in this chapter shall be construed to authorize the use of

funds under subchapter III (FOOTNOTE 1) of this chapter to directly

or indirectly benefit any school other than a public school.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1020, Mar. 31, 1994, 108 Stat.

269.)

-REFTEXT-

REFERENCES IN TEXT

Section 5890 of this title, referred to in text, was repealed by

Pub. L. 106-113, div. B, Sec. 1000(a)(4) (title III, Sec. 310(i)),

Nov. 29, 1999, 113 Stat. 1535, 1501A-265.

Subchapter III of this chapter, referred to in text, was in the

original a reference to title III of Pub. L. 103-227, Mar. 31,

1994, 108 Stat. 157, which was classified generally to subchapter

III (Sec. 5881 et seq.) of this chapter and was repealed by Pub. L.

106-113, div. B, Sec. 1000(a)(4) (title III, Sec. 310(i)), Nov.

29, 1999, 113 Stat. 1535, 1501A-265.

-CITE-

20 USC Sec. 6067 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part A - Miscellaneous Provisions

-HEAD-

Sec. 6067. Sense of Congress

-STATUTE-

It is the sense of the Congress that -

(1) no funds appropriated pursuant to this chapter should be

expended by an entity unless the entity agrees that in expending

the assistance the entity will comply with sections 2 through 4

of the Act of March 3, 1993 (FOOTNOTE 1) (41 U.S.C. 10a-10c,

popularly known as the ''Buy American Act'');

(FOOTNOTE 1) So in original. Probably should be ''1933''.

(2) in the case of any equipment or products that may be

authorized to be purchased with financial assistance provided

under this chapter, entities receiving such assistance should, in

expending the assistance, purchase only American-made equipment

and products;

(3) in providing financial assistance under this chapter, the

head of each Federal agency should provide to each recipient of

the assistance a notice describing the statement made in

subsection (a) (FOOTNOTE 2) by the Congress; and

(FOOTNOTE 2) So in original. No subsec. (a) has been enacted.

(4) if it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

''Made in America'' inscription, or any inscription with the same

meaning to any product sold in or shipped to the United States

that is not made in the United States, such person should be

ineligible to receive any contract or subcontract made with funds

provided pursuant to this chapter, pursuant to the debarment,

suspension, and ineligibility procedures described in sections

9.400 through 9.409 of title 48, Code of Federal Regulations, as

such sections existed on March 31, 1994.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1022, Mar. 31, 1994, 108 Stat.

270.)

-REFTEXT-

REFERENCES IN TEXT

The Buy American Act, referred to in par. (1), is title III of

act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is

classified generally to sections 10a, 10b, and 10c of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Short Title note set out under section 10a of Title 41

and Tables.

-COD-

CODIFICATION

Another section 1022 of Pub. L. 103-227 was classified to section

6055a of this title, prior to repeal by Pub. L. 107-279.

-CITE-

20 USC Part B - Environmental Tobacco Smoke 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part B - Environmental Tobacco Smoke

.

-HEAD-

Part B - Environmental Tobacco Smoke

-COD-

CODIFICATION

This part was, in the original, part C of title X of Pub. L.

103-227 and has been designated part B of this subchapter for

purposes of codification.

Similar provisions relating to environmental tobacco smoke are

contained in part C (Sec. 7181 et seq.) of subchapter IV of chapter

70 of this title.

-CITE-

20 USC Sec. 6081 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part B - Environmental Tobacco Smoke

-HEAD-

Sec. 6081. Short title

-STATUTE-

This part may be cited as the ''Pro-Children Act of 1994''.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1041, Mar. 31, 1994, 108 Stat.

271.)

-CITE-

20 USC Sec. 6082 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part B - Environmental Tobacco Smoke

-HEAD-

Sec. 6082. Definitions

-STATUTE-

As used in this part:

(1) Children

The term ''children'' means individuals who have not attained

the age of 18.

(2) Children's services

The term ''children's services'' means the provision on a

routine or regular basis of health, day care, education, or

library services -

(A) that are funded, after March 31, 1994, directly by the

Federal Government or through State or local governments, by

Federal grant, loan, loan guarantee, or contract programs -

(i) administered by either the Secretary of Health and

Human Services or the Secretary of Education (other than

services provided and funded solely under titles XVIII and

XIX of the Social Security Act (42 U.S.C. 1395 et seq., 1396

et seq.)); or

(ii) administered by the Secretary of Agriculture in the

case of a clinic (as defined in 7 CFR 246.2) under section

17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C.

1786(b)(6)), or

(B) that are provided in indoor facilities that are

constructed, operated, or maintained with such Federal funds,

as determined by the appropriate Secretary in any enforcement

action under this subchapter,

except that nothing in clause (ii) of subparagraph (A) is

intended to include facilities (other than clinics) where coupons

are redeemed under the Child Nutrition Act of 1966 (42 U.S.C.

1771 et seq.).

(3) Person

The term ''person'' means any State or local subdivision

thereof, agency of such State or subdivision, corporation, or

partnership that owns or operates or otherwise controls and

provides children's services or any individual who owns or

operates or otherwise controls and provides such services.

(4) Indoor facility

The term ''indoor facility'' means a building that is enclosed.

(5) Secretary

The term ''Secretary'' means the Secretary of Health and Human

Services.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1042, Mar. 31, 1994, 108 Stat.

271.)

-REFTEXT-

REFERENCES IN TEXT

The Child Nutrition Act of 1966, referred to in par. (2), is Pub.

L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is

classified generally to chapter 13A (Sec. 1771 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

1771 of Title 42 and Tables.

The Social Security Act, referred to in par. (2)(A)(i), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and

XIX of the Social Security Act are classified generally to

subchapters XVIII (Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.)

of chapter 7 of Title 42. For complete classification of this Act

to the Code, see section 1305 of Title 42 and Tables.

This subchapter, referred to in par. (2)(B), was in the original

''this title'', meaning title X of Pub. L. 103-227, Mar. 31, 1994,

108 Stat. 265, which enacted this subchapter and section 3351 of

this title, amended sections 1107, 1232h, 2421, 3381 to 3384, and

3386 of this title, sections 1632, 1633, and 1635 of Title 29,

Labor, and section 11903a of Title 42, and enacted provisions set

out as notes under section 2701 of this title and section 11901 of

Title 42.

-CITE-

20 USC Sec. 6083 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part B - Environmental Tobacco Smoke

-HEAD-

Sec. 6083. Nonsmoking policy for children's services

-STATUTE-

(a) Prohibition

After March 31, 1994, no person shall permit smoking within any

indoor facility owned or leased or contracted for and utilized by

such person for provision of routine or regular kindergarten,

elementary, or secondary education or library services to children.

(b) Additional prohibition

After March 31, 1994, no person shall permit smoking within any

indoor facility (or portion thereof) owned or leased or contracted

for by such person for the provision by such person of regular or

routine health care or day care or early childhood development

(Head Start) services to children or for the use of the employees

of such person who provides such services, except that this

subsection shall not apply to -

(1) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted to,

drugs or alcohol; and

(2) any private residence.

(c) Federal agencies

(1) Kindergarten, elementary, or secondary education or library

services

After March 31, 1994, no Federal agency shall permit smoking

within any indoor facility in the United States operated by such

agency, directly or by contract, to provide routine or regular

kindergarten, elementary, or secondary education or library

services to children.

(2) Health or day care or early childhood development services

After March 31, 1994, no Federal agency shall permit smoking

within any indoor facility (or portion thereof) operated by such

agency, directly or by contract, to provide routine or regular

health or day care or early childhood development (Head Start)

services to children, except that this paragraph shall not apply

to -

(A) any portion of such facility that is used for inpatient

hospital treatment of individuals dependent on, or addicted to,

drugs or alcohol; and

(B) any private residence.

(3) Application of provisions

The provisions of paragraph (2) shall also apply to the

provision of such routine or regular kindergarten, elementary or

secondary education or library services in the facilities

described in paragraph (2) not subject to paragraph (1).

(d) Notice

The prohibitions in subsections (a) through (c) of this section

shall be incorporated by publication of a notice in the Federal

Register by the Secretary (in consultation with the heads of other

affected agencies) and by such agency heads in funding arrangements

involving the provision of children's services administered by such

heads. Such prohibitions shall be effective 90 days after such

notice is published, or 270 days after March 31, 1994, whichever

occurs first.

(e) Special waiver

(1) In general

On receipt of an application, the head of the Federal agency

may grant a special waiver to a person described in subsection

(a) of this section who employs individuals who are members of a

labor organization and provide children's services pursuant to a

collective bargaining agreement that -

(A) took effect before March 31, 1994; and

(B) includes provisions relating to smoking privileges that

are in violation of the requirements of this section.

(2) Termination of waiver

A special waiver granted under this subsection shall terminate

on the earlier of -

(A) the first expiration date (after March 31, 1994) of the

collective bargaining agreement containing the provisions

relating to smoking privileges; or

(B) the date that is 1 year after March 31, 1994.

(f) Civil penalties

(1) In general

Any failure to comply with a prohibition in this section shall

be a violation of this section and any person subject to such

prohibition who commits such violation may be liable to the

United States for a civil penalty in an amount not to exceed

$1,000 for each violation, or may be subject to an administrative

compliance order, or both, as determined by the Secretary. Each

day a violation continues shall constitute a separate violation.

In the case of any civil penalty under this section, the total

amount shall not exceed the amount of Federal funds received by

such person for the fiscal year in which the continuing

violations occurred. For the purpose of the prohibition in

subsection (c) of this section, the term ''person'' shall mean

the head of the applicable Federal agency or the contractor of

such agency providing the services to children.

(2) Administrative proceeding

A civil penalty may be assessed in a written notice, or an

administrative compliance order may be issued, by the Secretary

only after an opportunity for a hearing in accordance with

section 554 of title 5. Before making such assessment or issuing

such order, or both, the Secretary shall give written notice

thereof to such person by certified mail with return receipt and

provide therein an opportunity to request in writing not later

than 30 days after the date of receipt of such notice such

hearing. The notice shall reasonably describe the violation and

be accompanied with the procedures for such hearing and a simple

form to request such hearing if such person desires to use such

form. If a hearing is requested, the Secretary shall establish

by such certified notice the time and place for such hearing

which should be located, to the greatest extent possible, at a

location convenient to such person. The Secretary (or the

Secretary's designee) and such person may consult to arrange a

suitable date and location where appropriate.

(3) Circumstances affecting penalty or order

In determining the amount of the civil penalty or the nature of

the administrative compliance order, the Secretary shall take

into account, as appropriate -

(A) the nature, circumstances, extent, and gravity of the

violation;

(B) with respect to the violator, any good faith efforts to

comply, the importance of achieving early and permanent

compliance, the ability to pay or comply, the effect of the

penalty or order on the ability to continue operation, any

prior history of the same kind of violation, the degree of

culpability, and any demonstration of willingness to comply

with the prohibitions of this section in a timely manner; and

(C) such other matters as justice may require.

(4) Modification

The Secretary may, as appropriate, compromise, modify, or

remit, with or without conditions, any civil penalty or

administrative compliance order. In the case of a civil penalty,

the amount, as finally determined by the Secretary or agreed upon

in compromise, may be deducted from any sums that the United

States or its agencies or instrumentalities owes to the person

against whom the penalty is assessed.

(5) Petition for review

Any person aggrieved by a penalty assessed or an order issued,

or both, by the Secretary under this section may file a petition

for judicial review thereof with the United States Court of

Appeals for the District of Columbia Circuit or for any other

circuit in which the person resides or transacts business. Such

person shall provide a copy thereof to the Secretary or the

Secretary's designee. The petition shall be filed within 30 days

after the Secretary's assessment or order, or both, are final and

have been provided to such person by certified mail. The

Secretary shall promptly provide to the court a certified copy of

the transcript of any hearing held under this section and a copy

of the notice or order.

(6) Failure to comply

If a person fails to pay an assessment of a civil penalty or

comply with an order, after either or both are final under this

section, or after a court under paragraph (5) has entered a final

judgment in favor of the Secretary, the Attorney General, at the

request of the Secretary, shall recover the amount of the civil

penalty (plus interest at then currently prevailing rates from

the day either or both are final) or enforce the order in an

action brought in the appropriate district court of the United

States. In such action, the validity and appropriateness of the

penalty or order or the amount of the penalty shall not be

subject to review.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1043, Mar. 31, 1994, 108 Stat.

272.)

-CITE-

20 USC Sec. 6084 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 68 - NATIONAL EDUCATION REFORM

SUBCHAPTER X - MISCELLANEOUS

Part B - Environmental Tobacco Smoke

-HEAD-

Sec. 6084. Preemption

-STATUTE-

Nothing in this part is intended to preempt any provision of law

of a State or political subdivision of a State that is more

restrictive than a provision of this part.

-SOURCE-

(Pub. L. 103-227, title X, Sec. 1044, Mar. 31, 1994, 108 Stat.

274.)

-CITE-