H.R. 1804 (103rd): Goals 2000: Educate America Act

103rd Congress, 1993–1994. Text as of Apr 22, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 1804 IH

103d CONGRESS

1st Session

H. R. 1804

To improve learning and teaching by providing a national framework for education reform; to promote the research, consensus building, and systemic changes needed to ensure equitable educational opportunities and high levels of educational achievement for all American students; to provide a framework for reauthorization of all Federal education programs; to promote the development and adoption of a voluntary national system of skill standards and certifications; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 22, 1993

Mr. KILDEE (for himself, Mr. FORD of Michigan, Mr. SAWYER, Mr. OWENS, Mrs. UNSOELD, Mr. ROEMER, Mr. ENGEL, Mr. GREEN, Ms. WOOLSEY, Mr. STRICKLAND, Mr. PAYNE of New Jersey, Mr. ROMERO-BARCELO, Mr. MURPHY, Mr. MARTINEZ, Mr. BAESLER, and Mr. CLYBURN) introduced the following bill; which was referred to the Committee on Education and Labor


A BILL

To improve learning and teaching by providing a national framework for education reform; to promote the research, consensus building, and systemic changes needed to ensure equitable educational opportunities and high levels of educational achievement for all American students; to provide a framework for reauthorization of all Federal education programs; to promote the development and adoption of a voluntary national system of skill standards and certifications; and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ‘Goals 2000: Educate America Act’.

PURPOSE; DEFINITION

    SEC. 2. (a) PURPOSE- It is the purpose of this Act to provide a framework for meeting the National Education Goals established by title I of this Act by--

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

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

      (3) defining appropriate and coherent Federal, State, and local roles and responsibilities for education reform;

      (4) establishing valid, reliable, and fair 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;

        (C) assisting in the development and certification of opportunity-to-learn standards; and

        (D) 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 standards;

      (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 that all students, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, students with disabilities, students with limited English proficiency, and academically talented students, will be expected to achieve;

        (C) providing for the establishment of high quality, internationally competitive opportunity-to-learn standards that all States, local educational agencies, and schools should achieve;

        (D) 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; and

        (E) providing resources to help individual schools, including those serving students with high needs, develop and implement comprehensive improvement plans; and

      (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.

    (b) DEFINITION- As used in this Act, the term ‘all students’ means students from the broad range of backgrounds and circumstances, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, students with disabilities, students with limited English proficiency, and academically talented students.

TITLE I--NATIONAL EDUCATION GOALS

PURPOSE

    SEC. 101. It is the purpose of this title to establish national education goals.

NATIONAL EDUCATION GOALS

    SEC. 102. The Congress declares the national education goals are that--

      (1)(A) SCHOOL READINESS- By the year 2000, all children in America will start school ready to learn.

      (B) The objectives for this goal are that--

        (i) all disadvantaged and disabled children will have access to high-quality and developmentally appropriate preschool programs that help prepare children for school;

        (ii) every parent in America will be a child’s first teacher and devote time each day to helping his or her preschool child learn, and parents will have access to the training and support they need; and

        (iii) children will receive the nutrition and health care needed to arrive at school with healthy minds and bodies, and the number of low-birthweight babies will be significantly reduced through enhanced prenatal health systems.

      (2)(A) SCHOOL COMPLETION- 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 dropout rate, and 75 percent of those 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)(A) STUDENT ACHIEVEMENT AND CITIZENSHIP- By the year 2000, American students will leave grades 4, 8, and 12 having demonstrated competency over challenging subject matter including English, mathematics, science, foreign languages, 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 modern economy.

      (B) The objectives for this goal are that--

        (i) the academic performance of elementary and secondary students will increase significantly in every quartile, and the distribution of minority students in each level will more closely reflect the student population as a whole;

        (ii) the percentage of 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, community service, and personal responsibility;

        (iv) the percentage of students who are competent in more than one language will substantially increase; and

        (v) all students will be knowledgeable about the diverse cultural heritage of this Nation and about the world community.

      (4)(A) MATHEMATICS AND SCIENCE- 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) math and science education will be strengthened throughout the system, especially in the early grades;

        (ii) the number of teachers with a substantive background in mathematics and science 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.

      (5)(A) ADULT LITERACY AND LIFELONG LEARNING- 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 those qualified students, especially minorities, who enter college, who complete at least two years, and who complete their degree programs will increase substantially; and

        (v) the proportion of college graduates who demonstrate an advanced ability to think critically, communicate effectively, and solve problems will increase substantially.

      (6)(A) SAFE, DISCIPLINED, AND DRUG-FREE SCHOOLS- By the year 2000, every school in America will be free of drugs and violence 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, and community organizations will work together to ensure that schools are a safe haven for all children; and

        (iii) every school district will develop a comprehensive K-12 drug and alcohol prevention education program. Drug and alcohol curriculum should be taught as an integral part of health education. In addition, community-based teams should be organized to provide students and teachers with needed support.

TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND ASSESSMENTS

Part A--National Education Goals Panel

PURPOSE

    SEC. 201. It is the purpose of this part to establish a bipartisan mechanism for--

      (1) building a national consensus for education improvement;

      (2) reporting on progress toward achieving the national education goals; and

      (3) reviewing and approving the voluntary national content and student performance standards and opportunity-to-learn standards certified by the National Education Standards and Improvement Council, as well as the criteria for their certification, and the criteria for the certification of State assessments by the National Education Standards and Improvement Council.

NATIONAL EDUCATION GOALS PANEL

    SEC. 202. (a) ESTABLISHMENT- There is established in the executive branch a National Education Goals Panel (hereafter referred to as the ‘Goals Panel’).

    (b) COMPOSITION- The Goals Panel shall be composed of eighteen members (hereafter referred to in this part as ‘members’), including--

      (1) two members appointed by the President;

      (2) eight members who are Governors, three of whom shall be from the same political party as the President and five of whom shall be of the opposite political party of the President, appointed by the Chairperson and Vice Chairperson of the National Governors’ Association, with each appointing representatives of his or her respective political party, in consultation with each other;

      (3) four Members of Congress appointed as follows--

        (A) one member appointed by the majority leader of the Senate from among the Members of the Senate;

        (B) one member appointed by the minority leader of the Senate from among the Members of the Senate;

        (C) one member appointed by the majority leader of the House of Representatives from among the Members of the House of Representatives; and

        (D) one member appointed by the minority leader of the House of Representatives from among the Members of the House of Representatives; and

      (4) four members of State legislatures appointed by the President of the National Conference of State Legislatures, of whom not more than two may be of the same political party as the President of the United States.

    (c) SPECIAL APPOINTMENT RULES- (1) The members appointed pursuant to subsection (b)(2) shall be appointed as follows:

      (A) If the Chairperson of the National Governors’ Association is from the same political party as the President, the Chairperson shall appoint three individuals and the Vice Chairperson shall appoint five individuals.

      (B) If the Chairperson of the National Governors’ Association is from the opposite political party as the President, the Chairperson shall appoint five individuals and the Vice Chairperson shall appoint three individuals.

    (2) If the National Governors’ Association has appointed a panel that meets the requirements of subsections (b) and (c), except for the requirements of subsection (b)(4), prior to the date of enactment of this title, then the members serving on such panel shall be deemed to be in compliance with subsections (b) and (c) and shall not be required to be reappointed pursuant to subsections (b) and (c).

    (d) TERMS- The terms of service of members shall be as follows--

      (1) Members appointed under subsection (b)(1) shall serve at the pleasure of the President.

      (2) Members appointed under subsection (b)(2) shall serve a two-year term, except that the initial appointments under such paragraph shall be made to ensure staggered terms with one-half of such members’ terms concluding every two years.

      (3) Members appointed under subsection (b) (3) and (4) shall serve a term of two years.

    (e) DATE OF APPOINTMENT- The initial members shall be appointed not later than sixty days after the date of enactment of this Act.

    (f) INITIATION- The Goals Panel may begin to carry out its duties under this part when ten members of the Goals Panel have been appointed.

    (g) VACANCIES- A vacancy on the Goals Panel shall not affect the powers of the Goals Panel, but shall be filled in the same manner as the original appointment.

    (h) TRAVEL- Each member may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.

    (i) CHAIR- The members of the Goals Panel shall select a Chair from among the Governors who are members. The Chair shall serve a one-year term and shall alternate between political parties.

DUTIES

    SEC. 203. (a) DUTIES- The Goals Panel shall--

      (1) report on the progress the Nation and the States are making toward achieving the national education goals established under title I of this Act, including issuing an annual national report card;

      (2) submit to the President nominations for appointment to the National Education Standards and Improvement Council, in accordance with sections 212(b) and (c);

      (3) review and approve (or explain why approval is withheld) the--

        (A) criteria developed by the National Education Standards and Improvement Council for the certification of content and student performance standards, assessments, and opportunity-to-learn standards; and

        (B) voluntary national content and student performance standards and opportunity-to-learn standards certified by the National Education Standards and Improvement Council;

      (4) report on promising or effective actions being taken at the national, State, and local levels, in the public and private sectors, to achieve the national education goals; and

      (5) help build a nationwide, bipartisan consensus for the reforms necessary to achieve the national education goals.

    (b) NATIONAL REPORT CARD- (1) The Goals Panel shall annually prepare and submit to the President, the Secretary, the appropriate committees of Congress, and the Governor of each State a national report card that shall--

      (A) report on the progress of the United States toward achieving the national education goals; and

      (B) identify actions that should be taken by Federal, State, and local governments to enhance progress toward achieving the national education goals.

    (2) National report cards shall be presented in a form, and include data, that is understandable to parents and the general public.

POWERS OF THE GOALS PANEL

    SEC. 204. (a) HEARINGS- (1) The Goals Panel shall, for the purpose of carrying out this part, conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Goals Panel considers appropriate.

    (2) In carrying out this part, the Goals Panel shall conduct hearings to receive reports, views, and analyses of a broad spectrum of experts and the public on the establishment of voluntary national content and student performance standards, assessments, and opportunity-to-learn standards.

    (b) INFORMATION- The Goals Panel may secure directly from any department or agency of the United States information necessary to enable the Goals Panel to carry out this part. Upon request of the Chairperson of the Goals Panel, the head of a department or agency shall furnish such information to the Goals Panel to the extent permitted by law.

    (c) POSTAL SERVICES- The Goals Panel may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States.

    (d) GIFTS; USE OF FACILITIES- The Goals Panel may--

      (1) accept, administer, and utilize gifts or donations of services, money, or property, whether real or personal, tangible or intangible; and

      (2) with their consent, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, or of any State or political subdivision thereof.

    (e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT- (1) The Secretary shall provide to the Goals Panel, on a reimbursable basis, such administrative support services as the Goals panel may request.

    (2) The Secretary shall, to the extent appropriate, and on a reimbursable basis, make contracts and other arrangements that are requested by the Goals Panel to help it compile and analyze data or carry out other functions necessary to the performance of this responsibilities.

ADMINISTRATIVE PROVISIONS

    SEC. 205. (a) MEETINGS- The Goals Panel shall meet on a regular basis, as necessary, at the call of the Chairperson of the Goals Panel or a majority of its members.

    (b) QUORUM- A majority of the members shall constitute a quorum for the transaction of business.

    (c) VOTING- No individual may vote, or exercise any of the powers of a member, by proxy.

    (d) PUBLIC ACCESS- The Goals Panel shall ensure public access to its proceedings (other that proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the public, at reasonable cost, transcripts of such proceedings.

DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS

    SEC. 206. (a) DIRECTOR- The Chairperson of the Goals Panel shall, without regard to the provisions of title 5, United States Code, relating to the appointment and compensation of officers or employees of the United States, appoint a Director to be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule.

    (b) APPOINTMENT AND PAY OF EMPLOYEES- (1)(A) The Director may appoint not more than four additional employees to serve as staff to the Goals Panel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

    (B) The employees appointed under paragraph (1)(A) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but shall not be paid a rate that exceeds the maximum rate of basic pay payable for GS-15 of the General Schedule.

    (2) The Director may appoint additional employees to serve as staff to the Goals panel consistent with title 5, United States Code.

    (c) EXPERTS AND CONSULTANTS- The Goals Panel may procure temporary and intermittent services of experts and consultants under section 3019(b) of title 5, United States Code.

    (d) STAFF OF FEDERAL AGENCIES- Upon the request of the Goals Panel, the head of any department or agency of the United States may detail any of the personnel of that agency to the Goals Panel to assist the Goals Panel in its duties under this part.

Part B--National Education Standards and Improvement Council

PURPOSE; DEFINITION

    SEC. 211. (a) PURPOSE- It is the purpose of this part to establish a mechanism to--

      (1) certify voluntary national content and student performance standards that define what American students should know and be able to do;

      (2) certify content and student performance standards submitted by States on a voluntary basis, if such standards are comparable in rigor and quality to the voluntary national content and student performance standards certified by the Council;

      (3) certify voluntary national opportunity-to-learn standards that describe the conditions of teaching and learning necessary for all students to have a fair opportunity to achieve the knowledge and skills described in the voluntary national content and student performance standards certified by the National Education Standards and Improvement Council;

      (4) certify opportunity-to-learn standards submitted by States on a voluntary basis, if they are consistent with the voluntary national opportunity-to-learn standards; and

      (5) certify systems of assessments submitted by States on a voluntary basis, if they are aligned with State content standards certified by the Council and if they are valid, reliable, and fair when used for their intended purposes.

    (b) DEFINITION- As used in this Act, the term ‘opportunity-to-learn standards’ includes ways of measuring the extent to which such standards are being met.

NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

    SEC. 212. (a) ESTABLISHMENT- There is established in the executive branch a National Education Standards and Improvement Council (hereafter in this part referred to as the ‘Council’).

    (b) COMPOSITION- The Council shall be composed of twenty members (hereafter in this part referred to as ‘members’) appointed by the President from nominations submitted by the Goals Panel.

    (c) QUALIFICATIONS- (1) The members of the Council shall include--

      (A) five professional educators, including elementary and secondary classroom teachers, preschool educators and other school-based professionals, local district or State administrators, and other educators;

      (B) five representatives of business and industry and postsecondary educational institutions, including at least one representative of business and industry who is also a member of the National Skill Standards Board established pursuant to title IV of this Act;

      (C) five representatives of the public, including representatives of advocacy and civil rights groups, parents, civic leaders, and local and State education policymakers (including State or local school boards); and

      (D) five education experts, including experts in measurement and assessment, curriculum, school finance and equity, and school reform.

    (2) The Goals Panel shall submit to the President at least fifteen nominations for each of the four categories of appointment described in paragraph (1).

    (3) To the extent feasible, the membership of the Council shall be geographically representative of the United States and reflect the racial and ethnic diversity of the United States.

    (d) TERMS- (1) Members shall be appointed for three-year terms, with no member serving more than two consecutive terms.

    (2) The President shall establish initial terms for individuals of one, two, or three years in order to establish a rotation in which one third of the members are selected each year.

    (e) DATE OF APPOINTMENT- The initial members shall be appointed not later than one hundred and twenty days after the date of enactment of this Act.

    (f) INITIATION- The Council shall begin to carry out the duties of the Council under this part when all twenty members have been appointed.

    (g) RETENTION- In order to retain an appointment to the Council, a member must attend at least two-thirds of the scheduled meetings of the Council in any given year.

    (h) VACANCY- A vacancy on the Council shall not affect the powers of the Council, but shall be filled in the same manner as the original appointment.

    (i) COMPENSATION- Members of the Council who are not regular full-time employees of the United States may, while attending meetings or hearings of the Council, be provided compensation at a rate fixed by the Secretary, but not exceeding the maximum rate of basic pay payable for GS-15 of the General Schedule.

    (j) TRAVEL- Each member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.

    (k) OFFICERS- The members of the Council shall select officers from among its members. The officers of the Council shall serve for one-year terms.

DUTIES

    SEC. 213. (a) VOLUNTARY NATIONAL CONTENT STANDARDS- (1) The Council shall--

      (A) identify areas in which voluntary national content standards need to be developed;

      (B) certify voluntary national content and student performance standards that define what American students should know and be able to do; and

      (C) forward such voluntary national content and student performance standards to the Goals Panel for approval.

    (2)(A) The Council shall--

      (i) identify and develop criteria to be used for certifying the voluntary national content and student performance standards; and

      (ii) before applying such criteria, forward them to the Goals Panel for approval.

    (B) The criteria developed by the Council shall address--

      (i) the extent to which the proposed standards are internationally competitive and comparable to the best in the world;

      (ii) the extent to which the proposed content and student performance standards reflect the best available knowledge about how all students learn and about how the content area can be most effectively taught;

      (iii) the extent to which the proposed content and student performance standards have been developed through an open and public process that provides for input and involvement of all relevant parties, including teachers and other professional educators, employers and postsecondary education institutions, curriculum and subject matter specialists, and the public; and

      (iv) other factors that the Council deems appropriate.

    (C) In developing the criteria, the Council shall work with entities that are developing, or have already developed, content standards, and any other entities that the Council deems appropriate, to identify appropriate certification criteria.

    (b) VOLUNTARY STATE CONTENT STANDARDS- The Council may certify content and student performance standards presented on a voluntary basis by States, if such standards are comparable in rigor and quality to the voluntary national content and student performance standards certified by the Council.

    (c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN STANDARDS- (1) The Council shall certify exemplary, voluntary national opportunity-to-learn standards that will establish a basis for providing all students a fair opportunity to achieve the knowledge and skills set out in the voluntary national content standards certified by the Council.

    (2) The voluntary national opportunity-to-learn standards shall be sufficiently general to be used by any State without unduly restricting State and local prerogatives regarding instructional methods to be employed.

    (3) The voluntary national opportunity-to-learn standards certified by the Council shall address--

      (A) the quality and availability of curricula, instructional materials, and technologies;

      (B) the capability of teachers to provide high-quality instruction in each content area;

      (C) the extent to which teachers and administrators have ready and continuing access to professional development, including the best knowledge about teaching, learning, and school improvement;

      (D) the extent to which curriculum, instructional practices, and assessments are aligned to content standards; and

      (E) other factors that the Council deems appropriate to ensure that every student receives a fair opportunity to achieve the knowledge and skills described in the voluntary content and student performance standards certified by the Council.

    (4) In carrying out this subsection, the Council shall--

      (A) identify what countries with rigorous content standards do to--

        (i) provide their children with opportunities to learn;

        (ii) prepare their teachers; and

        (iii) provide continuing professional development opportunities for their teachers; and

      (B) develop criteria to be used for certifying the voluntary national opportunity-to-learn standards and, before applying such criteria, forward them to the Goals Panel for approval.

    (5) The Council shall assist in the development of the voluntary national opportunity-to-learn standards by--

      (A) making recommendations to the Secretary regarding priorities and selection criteria for the award made under section 218; and

      (B) coordinating with the consortium receiving an award under section 218 to ensure that the opportunity-to-learn standards the consortium develops are of high quality and are consistent with the criteria developed by the Council for the certification of such standards.

    (6) The Council shall forward the voluntary national opportunity-to-learn standards it certifies to the Goals Panel for approval.

    (d) VOLUNTARY STATE OPPORTUNITY-TO-LEARN STANDARDS- The Council may certify opportunity-to-learn standards presented on a voluntary basis by a State, if they are consistent with the voluntary national opportunity-to-learn standards.

    (e) ASSESSMENTS- (1)(A) The Council shall certify a system of assessments that is presented on a voluntary basis by a State if such system is aligned with the State’s content standards certified by the Council.

    (B) Systems of assessments shall be certified by the Council for the purpose of--

      (i) exemplifying for students, parents, and teachers the kinds and levels of achievement that should be expected, including the identification of student performance standards;

      (ii) improving classroom instruction and improving the learning outcomes for all students;

      (iii) informing students, parents, and teachers about student progress toward the standards;

      (iv) measuring and motivating individual students, schools, districts, States, and the Nation to improve educational performance; and

      (v) assisting education policymakers in making decisions about education programs.

    (C) The Council shall certify a system of assessments only if it will not be used to make decisions regarding graduation, grade promotion, or retention of students for a period of five years from the date of enactment of this Act.

    (2)(A) The Council shall develop and, no sooner than three years or later than four years after the enactment of this Act, begin utilizing criteria for the certification of assessment systems for the purposes indicated in paragraph (1)(B). Before using such criteria, the Council shall forward the criteria to the Goals Panel for approval.

    (B) The certification criteria developed by the Council shall address the extent to which the assessment system--

      (i) is aligned with State content standards certified by the Council;

      (ii) is to be used for a purpose for which it is valid, reliable, fair, and free of discrimination; and

      (iii) includes all students, especially students with disabilities or with limited English proficiency.

    (C) In determining appropriate certification criteria, the Council shall--

      (i) consider standards and criteria being developed by other national organizations and recent research on assessment;

      (ii) recommend needed research;

      (iii) encourage the development and field testing of systems of assessments; and

      (iv) provide a public forum for discussing, debating, and building consensus for the criteria to be used for the certification of assessment systems.

    (D) Prior to determining the certification criteria, the Council shall take public comment on its proposed criteria.

    (f) PERFORMANCE OF DUTIES- In carrying out its responsibilities under this title, the Council shall--

      (1) work with Federal and non-Federal agencies and organizations that are conducting research, studies, or demonstration projects to determine internationally competitive education standards and assessments, and may establish subject matter and other panels to advise it on particular content, student performance, and opportunity-to-learn standards and on assessments;

      (2) shall establish cooperative arrangements with the National Skill Standards Board to promote the coordination of the development of content and student performance standards under this title with the development of skill standards under title IV of this Act;

      (3) recommend studies to the Secretary that are necessary to carry out the Council’s responsibilities;

      (4) inform the public about what constitutes high quality, internationally competitive, content, student performance, and opportunity-to-learn standards, and assessment systems;

      (5) on a regular basis, review and update criteria for certifying content, student performance, and opportunity-to-learn standards, and assessment systems; and

      (6) periodically recertify, as appropriate, the voluntary national content and student performance standards, and the voluntary national opportunity-to-learn standards that it certifies under this section.

ANNUAL REPORTS

    SEC. 214. Not later than one year after the date the Council concludes its first meeting, and in each succeeding year, the Council shall prepare and submit a report to the President, the Secretary, the appropriate committees of Congress, the Governor of each State, and the Goals Panel regarding its work.

POWERS OF THE COUNCIL

    SEC. 215. (a) HEARINGS- (1) The Council shall, for the purpose of carrying out its responsibilities, conduct such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Council considers appropriate.

    (2) In carrying out this part, the Council shall conduct public hearings in different geographic areas of the United States, both urban and rural, to receive the reports, views, and analyses of a broad spectrum of experts and the public on the establishment of national content, student performance, and opportunity-to-learn standards, and assessment systems.

    (b) INFORMATION- The Council may secure directly from any department or agency of the United States information necessary to enable the Council to carry out this part. Upon request of the Chairperson of the Council, the head of a department or agency shall furnish such information to the Council to the extent permitted by law.

    (c) POSTAL SERVICES- The Council may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States.

    (d) GIFTS; USE OF FACILITIES- The Council may--

      (1) accept, administer, and utilize gifts or donations of services, money, or property, whether real or personal, tangible or intangible; and

      (2) with their consent, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, or of any State or political subdivision thereof.

    (e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT- (1) The Secretary shall provide to the Council, on a reimbursable basis, such administrative support services as the Council may request.

    (2) The Secretary shall, to the extent appropriate, and on a reimbursable basis, make contracts and other arrangements that are requested by the Council to help it compile and analyze data or carry out other functions necessary to the performance of its responsibilities.

ADMINISTRATIVE PROVISIONS

    SEC. 216. (a) MEETINGS- The Council shall meet on a regular basis, as necessary at the call of the Chairperson of the Council or a majority of its members.

    (b) QUORUM- A majority of the members shall constitute a quorum for the transaction of business.

    (c) VOTING- The Council shall take all action of the Council by a majority vote of the total membership of the Council, ensuring the right of the minority to issue written views. No individual may vote or exercise any of the powers of a member by proxy.

    (d) PUBLIC ACCESS- The Council shall ensure public access to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the public, at reasonable cost, transcripts of such proceedings.

DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS

    SEC. 217. (a) DIRECTOR- The Chairperson of the Council shall, without regard to the provisions of title 5, United States Code, relating to the appointment and compensation of officers or employees of the United States, appoint a Director to be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule.

    (b) APPOINTMENT AND PAY OF EMPLOYEES- (1)(A) The Director may appoint not more than four additional employees to serve as staff to the Council without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

    (B) The employees appointed under subparagraph (A) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but shall not be paid a rate that exceeds the maximum rate of basic pay payable for GS-15 of the General Schedule.

    (2) The Director may appoint additional employees to serve as staff of the Council consistent with title 5, United States Code.

    (c) EXPERTS AND CONSULTANTS- The Council may procure temporary and intermittent services under section 3019(b) of title 5, United States Code.

    (d) STAFF OF FEDERAL AGENCIES- Upon the request of the Council, the head of any department or agency of the United States may detail any of the personnel of that department or agency to the Council to assist the Council in its duties under this part.

OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT

    SEC. 218. (a) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT- (1) The Secretary is authorized to make a grant, on a competitive basis, to a consortium of individuals and organizations to develop voluntary national opportunity-to-learn standards.

    (2) To the extent possible, such consortium shall include the participation of--

      (A) Governors (other than Governors serving on the Goals Panel);

      (B) chief State school officers;

      (C) teachers (especially teachers involved in the development of content standards);

      (D) principals;

      (E) superintendents;

      (F) State and local school board members;

      (G) curriculum and school reform experts;

      (H) parents;

      (I) State legislators;

      (J) representatives of businesses;

      (K) representatives of higher education;

      (L) representatives of regional accrediting associations; and

      (M) advocacy groups.

    (b) APPLICATIONS- (1) Any consortium that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

    (2) In establishing priorities and selection criteria for such grant, the Secretary shall give serious consideration to the recommendations made by the Council pursuant to section 213(c)(5)(A).

ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS

    SEC. 219. (a) GENERAL- The Secretary is authorized to made grants to States and local educational agencies to help defray the cost of developing, field testing, and evaluating systems of assessments, to be used for some or all of the purposes indicated in section 213(e)(1)(B), that are aligned to State content standards certified by the Council.

    (b) APPLICATIONS- A State or local educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

    (c) REQUIREMENTS- (1) A recipient of a grant under this section shall--

      (A) examine the validity, reliability, and fairness of an assessment, or system of assessments, for the particular purposes for which such assessment was developed; and

      (B) devote special attention to how an assessment, or system of assessments, treats all students, especially with regard to the race, gender, ethnicity, and language proficiency of such students.

    (2) An assessment, or system of assessments, developed and evaluated with funds under this section may not be used for decisions about individual students relating to program placement, promotion, or retention, graduation, or employment for a period of five years from the date of enactment of this Act.

Part C--Authorization of Appropriations

AUTHORIZATION OF APPROPRIATIONS

    SEC. 221. (a) NATIONAL EDUCATION GOALS PANEL- There are authorized to be appropriated $3,000,000 for fiscal year 1994 and such sums as may be necessary for each of the four succeeding fiscal years to carry out part A of this title.

    (b) NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL- There are authorized to be appropriated $3,000,000 for fiscal year 1994 and such sums as may be necessary for each of the four succeeding fiscal years to carry out part B of this title.

    (c) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT- There are authorized to be appropriated $1,000,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995 to carry out the Opportunity-to-Learn Development Grant Program established under section 218 of this title.

    (d) ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS- There are authorized to be appropriated $5,000,000 for fiscal year 1994 and such sums as may be necessary for each of the four succeeding fiscal years to carry out the Assessment Development and Evaluation Grants Program established under section 218 of this title.

TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

CONGRESSIONAL FINDINGS

    SEC. 301. The Congress finds that--

      (1) all students can learn to high standards and must realize their potential if the United States is to prosper;

      (2) the reforms in education of the last fifteen years have achieved some good results, but these efforts often have been limited to a few schools or to a single part of the educational system;

      (3) leadership must come both from teachers, related services personnel, principals, and parents in individual schools and from policymakers at the local, State, tribal, and national levels, in order for lasting improvements in student performance to occur;

      (4) simultaneous top-down and bottom-up education reform is necessary to spur creative and innovative approaches by individual schools to help all students achieve internationally competitive standards;

      (5) strategies must be developed by communities and States to support the revitalization of all local public schools by fundamentally changing the entire system of public education through comprehensive, coherent, and coordinated improvement;

      (6) parents, teachers and other local educators, and business, community, and tribal leaders must be involved in developing systemwide improvement strategies that reflect the needs of their individual communities;

      (7) State and local education improvement efforts must incorporate strategies for providing students and families with coordinated access to appropriate social services, health care, nutrition, and child care to remove preventable barriers to learning and enhance school readiness for all students;

      (8) States and local educational agencies, working together, must immediately set about developing and implementing such systemwide improvement strategies if the Nation is to educate all children to meet their full potential and achieve the national education goals listed in title I of this Act;

      (9) State and local systemic improvement strategies must provide all students with effective mechanisms and appropriate paths to the workforce as well as to higher education;

      (10) business should be encouraged to enter into partnerships with schools, provide information and guidance to schools on the needs of area business for properly educated graduates in general and on the need for particular workplace skills that the schools may provide, provide necessary material and support, and continue the lifelong learning process throughout the employment years of an individual;

      (11) the appropriate and innovative use of technology can be very effective in helping to bring all students the opportunity to learn and meet high standards; and

      (12) Federal funds should be targeted to support local and State initiatives, and to leverage State and local resources for designing and implementing system-wide improvement plans.

PURPOSE

    SEC. 302. It is the purpose of this title to improve the quality of education for all students by supporting a long-term, broad-based effort to promote coherent and coordinated improvements in the system of education throughout the Nation at the local and State levels. This title provides new authorities and funding for the Nation’s school systems. It does not replace or reduce funding for existing Federal education programs. It is the intention of the Congress that no State or local educational agency will reduce its funding for education or for education reform on account of receiving any funds under this title.

AUTHORIZATION OF APPROPRIATIONS

    SEC. 303. For the purpose of carrying out this title, there are authorized to be appropriated $393,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998.

ALLOTMENT OF FUNDS

    SEC. 304. (a) RESERVATIONS OF FUNDS- From funds appropriated under section 303, the Secretary--

      (1) shall reserve a total of one percent to provide assistance, in amounts determined by the Secretary--

        (A) to the outlying areas; and

        (B) to the Secretary of the Interior to benefit Indian students in schools operated or funded by the Bureau of Indian Affairs; and

      (2) may reserve a total of up to 6 per centum for--

        (A) national leadership activities under section 312; and

        (B) the costs of peer review of State improvement plans and applications under this title.

    (b) STATE ALLOTMENTS- The Secretary shall allot the remaining amount appropriated under section 303 for each fiscal year to the States as follows:

      (1) 50 per centum of such remaining amount shall be allocated in accordance with the relative amounts such State received under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year.

      (2) 50 per centum of such remaining amount shall be allocated in accordance with the relative amounts each such State received under part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year.

    (c) REALLOTMENTS- If the Secretary determines that any amount of a State’s allotment for any fiscal year under subsection (b) will not be needed for such fiscal year by the State, the Secretary shall reallot such amount to other States that need additional funds, in such manner as the Secretary determines is appropriate.

STATE APPLICATIONS

    SEC. 305. (a) GENERAL- (1) If a State desires to receive a grant under this title, the State educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may determine.

    (2) In addition to the information described in subsections (b) and (c), each such application shall include--

      (A) an assurance that the State educational agency will cooperate with the Secretary in carrying out the Secretary’s responsibilities under section 312, and will comply with reasonable requests of the Secretary for data related to the State’s progress in developing and implementing its State improvement plan under this title;

      (B) an assurance that State law provides adequate authority to carry out each component of the State’s improvement plan developed, or to be developed under section 306, or that such authority will be sought; and

      (C) such other assurances and information as the Secretary may require.

    (b) FIRST YEAR- A State’s application for the first year of assistance under this title shall--

      (1) describe the process by which the State will develop a school improvement plan that meets the requirements of section 306; and

      (2) describe how the State educational agency will use funds received under this title for such year, including how the State educational agency will make subgrants to local educational agencies and for teacher training.

    (c) SUBSEQUENT YEARS- A State’s second application under this title shall--

      (1) cover the second through fifth years of its participation--

      (2) include a copy of the State’s improvement plan that meets the requirements of section 306 or, if the State plan is not complete, a statement of the steps it will take to complete the plan and a schedule for doing so; and

      (3) include an explanation of how the State will use funds received under this title, including how it will make subgrants to local educational agencies and for teacher training under section 308(b)(1).

STATE IMPROVEMENT PLANS

      SEC. 306. (a) BASIC SCOPE OF PLAN- Any State educational agency that wishes to receive a grant under this title after its first year of participation shall develop and implement a plan for the fundamental restructuring and improvement of elementary and secondary education in the State. This plan must address--

      (1) in accordance with subsection (c), the establishment or adoption of challenging content and student performance standards for all students and the use of curricula, instructional practices, assessments, technology, and professional preparation and development approaches appropriate to help all students reach those standards;

      (2) in accordance with subsection (d), the establishment or adoption of opportunity-to-learn standards that will define the conditions of teaching and learning that provide all students the opportunity to meet the challenging content and student performance standards;

      (3) in accordance with subsection (e), needed changes in the governance and management of the education system in order to effectively focus schools on, and assist them in, preparing all students to meet the challenging State standards;

      (4) in accordance with subsection (f), comprehensive strategies to involve communities, including parents, businesses, libraries, museums, employment and training agencies, health and human service agencies, and other public and private agencies that provide social services, health care, child care, and nutrition to students, in helping all students meet the challenging State standards;

      (5) in accordance with subsection (g), strategies for ensuring that all local educational agencies and schools within the State are involved in developing and implementing needed improvements within a specified period of time; and

      (6) in accordance with subsection (h), strategies for ensuring that comprehensive, systemic reform is promoted from the bottom up in communities, local educational agencies, and schools.

    (b) PLAN DEVELOPMENT- (1) A State improvement plan under this title must be developed by a broad-based panel in cooperation with the State educational agency and the Governor. The panel shall include--

      (A) the Governor and the chief State school officer, or their designees;

      (B) the chairman of the State board of education and the chairmen of the appropriate authorizing committees of the State legislature, or their designees;

      (C) teachers, principals, and administrators who have successfully improved student performance;

      (D) representatives of teachers’ organizations, parents, business and labor leaders, community-based organizations, local boards of education, State and local officials responsible for health, social services, and other related services, and others, as appropriate; and

      (E) representatives from rural and urban local educational agencies in the State.

    (2) The Governor and the chief State school officer shall each appoint half the members of the State panel and shall jointly select the Chairperson of the panel.

    (3) The membership of the panel shall be geographically representative of the State and reflect the racial and ethnic diversity of the population of the State.

    (4) The panel shall consult the Governor, the chief State school officer, the State board of education, and relevant committees of the State legislature in developing the plan.

    (5) The panel shall be responsible for conducting a statewide, grassroots outreach process, including conducting public hearings, to involve educators, parents, local officials, community and business leaders, citizens, children’s advocates, and others with a stake in the success of students and their education system, and who are representative of the diversity of the State and its student population, in the development of the State plan and in a continuing dialog regarding the need for and nature of challenging standards for students and local and State responsibilities for helping all students achieve them.

    (6) The panel shall develop a continuing process for interacting with local educational agencies and individual schools engaged in systemic reform, especially including those local educational agencies and schools receiving subgrants under section 309 of this Act, to ensure that the development and implementation of the State plan reflects their needs and experiences.

    (7) The panel shall develop a State plan, provide opportunity for public comment, and submit the State plan to the State educational agency for approval.

    (8) The State educational agency shall submit the State’s plan, together with an explanation of any changes made by such agency to the plan developed by the panel, to the Secretary for approval.

    (9) If any portion of the State’s plan addresses matters that, under State or other applicable law, are not under the authority of the State educational agency, the State educational agency shall obtain the approval of, or changes to, such portion, with an explanation therefor, from the Governor or other official responsible for that portion before submitting the plan to the Secretary.

    (10) After approval of the State plan by the Secretary, the panel, in close consultation with teachers, principals, administrators, and parents in local educational agencies and schools receiving funds under this title, shall monitor the implementation and effectiveness of the State plan to determine if revisions and appropriate, and shall periodically report its findings to the public.

    (c) TEACHING, LEARNING, STANDARDS, AND ASSESSMENTS- Each State plan shall establish strategies for improving teaching and learning, including--

      (1) a process for developing or adopting challenging content and student performance standards for all students;

      (2) a process for providing assistance and support to local educational agencies and schools to give them the capacity and responsibility to provide all of their students the opportunity to meet challenging State content and student performance standards;

      (3) a process for developing, adopting, or recommending instructional materials and technology to support and assist local educational agencies and schools to provide all of their students the opportunity to meet the challenging State content and student performance standards;

      (4) a process for developing and implementing a valid and nondiscriminatory assessment system or set of locally-based assessment systems that is capable of providing coherent information about student attainments relative to the State content standards. The process shall also provide for monitoring the implementation of such system or systems and the impact on improved instruction for all students;

      (5) a process for improving the State’s system of teacher and school administrator preparation, licensure, and continuing professional development so that all teachers, related services personnel, and administrators develop the subject matter and pedagogical expertise needed to prepare all students to meet the challenging standards under paragraph (1);

      (6) a process for providing appropriate and effective professional development, including the use of technology, necessary for teachers, school administrators, and others to help all students meet the challenging standards under paragraph (1); and

      (7) a process to ensure widespread participation of classroom teachers in developing the portions of the plan described in this subsection.

    (d) OPPORTUNITY-TO-LEARN STANDARDS- Each State plan shall establish a strategy and timetable for--

      (1) adopting or establishing opportunity-to-learn standards;

      (2) ensuring that every school in the State achieves the State’s opportunity-to-learn standards;

      (3) ensuring that the State’s opportunity-to-learn standards address the need of all students; and

      (4) periodically reporting to the public on the extent of the State’s improvement in achieving such standards and providing all students with a fair opportunity to achieve the knowledge and skill levels that meet the State’s content and student performance standards.

    (e) GOVERNANCE AND MANAGEMENT- Each State plan shall establish strategies for improved governance and management of its education system, such as--

      (1) aligning responsibility, authority, and accountability throughout the education system, so that decisions regarding content and student performance standards are coordinated and decisions regarding the means for achieving them are made closest to the learners;

      (2) creating an integrated and coherent approach to attracting, recruiting, preparing and licensing, appraising, rewarding, retaining, and supporting the continued professional development of teachers, administrators, and other educators, including bilingual educators, so that there is a highly talented workforce of professional educators capable of preparing all students to reach challenging standards, with special attention to the recruitment, training, and retention of qualified minorities into the education profession within the State to ensure that it reflects the racial and ethnic diversity of the student population;

      (3) providing incentives for high performance, such as--

        (A) working with employers and institutions of higher education to devise strategies to reward student achievement;

        (B) incentives for classroom teachers and other professional educators to participate in professional development activities; and

        (C) school-based incentives for schools and local educational agencies to improve student performance;

      (4) increasing the proportion of State and local funds allocated to direct instructional purposes; and

      (5) increasing flexibility for local districts and schools by, for example--

        (A) waiving State regulations and other requirements that impede educational improvement;

        (B) focusing accountability on educational outcomes rather than monitoring compliance with input requirements; and

        (C) fostering conditions that allow teachers, principals, and parents in the school community to be creative in helping their students meet challenging standards.

    (f) PARENTAL AND COMMUNITY SUPPORT AND INVOLVEMENT- Each State plan shall describe strategies for how the State will develop support for, and help implement its plan, such as--

      (1) educating the public about the need for higher standards and systemic improvement;

      (2) involving parents and communities in the State’s standard-setting and improvement process;

      (3) reporting, on an ongoing basis, to parents, educators, and the public on the State’s progress in implementing the plan and improving student performance;

      (4) focusing public and private community resources and public school resources on prevention and early intervention to address the needs of all students by--

        (A) identifying and removing unnecessary regulations and obstacles to coordination;

        (B) improving communication and information exchange; and

        (C) providing appropriate training to agency personnel; and

      (5) increasing the access of all students to social services, health care, nutrition, and child care services, and locating such services in schools, cooperating service agencies, community-based centers, or other convenient sites designed to provide ‘one-stop shopping’ for parents and students.

    (g) MAKING THE IMPROVEMENTS SYSTEMWIDE- To help provide all students throughout the State the opportunity to meet challenging State standards, each State plan shall describe strategies such as--

      (1) ensuring that the improvement efforts expand from the initial local educational agencies, schools, and educators involved to all local educational agencies, schools, and educators in the State education system through such approaches as teacher and administrator professional development; technical assistance; whole school projects; intensive summer training; and networking of teachers and other educators, consortia of schools, and local educational agencies undertaking similar improvements;

      (2) developing partnerships among preschools, elementary and secondary schools, institutions of higher education, health and social service providers, and employers to improve teaching and learning at all levels of the education system and to foster collaboration and continuous improvement;

      (3) strategies to provide for the close coordination of standards development and improvement efforts among institutions of higher education and secondary, middle, and elementary schools;

      (4) conducting outreach programs aimed at parents whose language is a language other than English, and other special populations, including Native Americans, to involve all segments of the community in the development of the State plan;

      (5) developing partnerships with tribes and BIA-funded schools, where appropriate, to improve consistency and compatibility in curriculum among public and BIA-funded schools at all grade levels;

      (6) allocating all available local, State, and Federal resources to achieve system-wide improvement;

      (7) providing for the development of objective criteria and measures against which the success of local plans will be evaluated;

      (8) providing for the availability of curricular materials, learning technologies, and professional development in a manner ensuring equal access by all local educational agencies in the State;

      (9) taking steps to ensure that all local educational agencies, schools, and educators in the State benefit from successful programs and practices supported by funds made available to local educational agencies and schools under this title; and

      (10) providing remedial assistance to students, teachers, schools, and local educational agencies that are identified through the assessment system developed under subsection (c)(4) as needing such assistance.

    (h) PROMOTING BOTTOM-UP REFORM- Each State plan shall include strategies for ensuring that comprehensive, systemic reform is promoted from the bottom up in communities, local educational agencies, and schools, as well as guided by coordination and facilitation from State leaders, including strategies such as--

      (1) ensuring that the State plan is responsive to the needs and experiences of local educational agencies, schools, teachers, and community leaders;

      (2) establishing mechanisms for continuous input from local schools, communities, colleges, and school districts into, and feedback on, the implementation of the State plan;

      (3) providing discretionary resources that enable teachers and schools to purchase needed professional development and other forms of assistance consistent with their improvement plan from high-quality providers of their choice;

      (4) establishing collaborative networks of teachers centered on content standards and assessments for the purpose of improving teaching and learning;

      (5) providing flexibility to individual schools and local educational agencies to enable them to adapt and integrate State content standards into courses of study appropriate for individual schools and communities;

      (6) facilitating the provision of waivers from State rules and regulations that local educational agencies or schools believe would promote innovation and enhance school performance; and

      (7) facilitating communication among educators within and between districts for the purpose of sharing innovative and effective practices, including through the use of telecommunications, site visits, and other means.

    (i) BENCHMARKS AND TIMELINES- Each State plan shall include specific benchmarks of improved student performance and of progress in implementing the improvement plan, and timelines against which the progress of the State in carrying out its plan, including the elements described in subsections (c) through (h), can be measured.

    (j) PEER REVIEW AND SECRETARIAL APPROVAL- (1) The Secretary shall review each State improvement plan prepared under this section, and each application submitted under section 305, with the assistance and advice of State and local education policymakers, educators, classroom teachers, experts on educational innovation and improvement, and other appropriate individuals. The peer review process shall be representative of the geographic, racial, and cultural diversity of the United States. The review process shall include at least one site visit to each State.

    (2) The Secretary shall approve a State’s plan when the Secretary determines, after considering the peer reviewers’ comment, that it--

      (A) reflects a widespread commitment within the State; and

      (B) holds reasonable promise of helping all students.

    (3) The Secretary shall not decline to approve a State’s plan, or any State application submitted under section 305, before offering the State--

      (A) an opportunity to revise its plan or application; and

      (B) a hearing.

    (k) AMENDMENTS TO PLAN- (1) Each State shall periodically review its plan and revise it, as appropriate, in accordance with the process described in subsection (b).

    (2) The Secretary shall review major amendments to a State’s plan through the same process, described in subsection (j), used to review the original plan.

    (l) PREEXISTING STATE PLANS AND PANELS- (1) If a State has developed a comprehensive and systemic improvement plan to help all students meet challenging standards, or any component of such a plan, that otherwise meets the requirements of this section, the Secretary may approve such plan or component notwithstanding that it was not developed in accordance with subsection (b), if the Secretary determines that such approval would further the purposes of the State systemic education improvement.

    (2) If, before the enactment of this Act, a State has made substantial progress in developing a plan that otherwise meets, or is likely to meet, the requirements of this section, but was developed by a panel that does not meet the requirements of subsection (b)(1)-(3), the Secretary may, at the request of the Governor and the State educational agency, treat that panel as meeting those requirements for all purposes of this title if the Secretary determines that there has been substantial public involvement in the development of the plan.

SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS

    SEC. 307. (a) FIRST YEAR- The Secretary shall approve the State educational agency’s initial year application under section 305(b) if the Secretary determines that--

      (1) it meets the requirements of this title; and

      (2) there is a substantial likelihood that the State will be able to develop and implement an education improvement plan that complies with section 306.

    (b) SECOND THROUGH FIFTH YEARS- The Secretary shall approve the State educational agency’s renewal application under section 305(c)(1) for years two through five only if--

      (1)(A) the Secretary has approved the State’s improvement plan under section 306(j); or

      (B) the Secretary determines that the State has made substantial progress in developing its plan; and

      (2) the application meets the other requirements of this title.

    (c) PAYMENTS- For any fiscal year for which a State has an approved application under this title, the Secretary shall make a grant to the State educational agency in the amount determined under section 304(b).

STATE USE OF FUNDS

    SEC. 308. (a) FIRST YEAR- In the first year for which a State educational agency receives a grant under this title, the State--

      (1) shall use at least 50 per centum of such funds to make subgrants, in accordance with section 309(a), to local educational agencies for the development or implementation of local improvement plans and to make subgrants, in accordance with section 309(b), to improve educator preservice programs and for professional development activities consistent with the State plan, if the amount allocated to States under section 304(b) for such year is at least $100,000,000. The State may use such funds for such subgrants if such amount is less than $100,000,000; and

      (2) shall use the remainder of such funds to develop, revise, expand, or implement an education improvement plan described in section 306.

    (b) SUCCEEDING YEARS- A State that receives assistance under this title for any year after the first year of participation shall--

      (1) use at least 85 per centum of such assistance in each succeeding year to make subgrants--

        (A) to local educational agencies, in accordance with section 309(a), for the implementation of the State improvement plan and of local improvement plans; and

        (B) in accordance with section 309(b), to improve educator preservice programs and for professional development activities that are consistent with the State improvement plan; and

      (2) shall use the remainder of such assistance for State activities designed to implement its improvement plan, such as--

        (A) supporting the development or adoption of State content and student performance standards, State opportunity-to-learn standards, and assessment tools linked to the standards, including through consortia of States and in conjunction with the National Education Standards and Improvement Council established under part B of title II of this Act;

        (B) supporting the implementation of high-performance management and organizational strategies, such as site-based management, shared decisionmaking, or quality management principles, to promote effective implementation of such plan;

        (C) supporting the development and implementation, at the local educational agency and school building level, of improved human resource development systems for recruiting, selecting, mentoring, supporting, evaluating, and rewarding educators;

        (D) providing special attention to the needs of minority and female students, including instructional programs and activities that encourage such students in elementary and secondary schools to aspire to enter and complete higher education;

        (E) supporting the development, at the State or local level, of performance-based accountability and incentive systems for schools;

        (F) outreach to parents, tribal officials, classroom teachers and other educators, and the public related to education improvement;

        (G) providing technical assistance and other services to increase the capacity of local educational agencies and schools to develop and implement local systemic improvement plans, implement new assessments, and develop curricula consistent with the State’s content and student performance standards;

        (H) promoting public magnet schools, public ‘charter schools’, and other mechanisms for increasing choice among public schools; and

        (I) Collecting and analyzing data.

    (c) LIMIT ON ADMINISTRATIVE COSTS- In each year, a State may use not more than four per centum of its annual allotment under this title, or $100,000, whichever is greater, for administrative expenses, not including the activities of the panel established under section 306(b)(1).

SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL DEVELOPMENT

    SEC. 309. (a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES- (1)(A) Each State educational agency shall make subgrants to local educational agencies under section 308(a)(1) and (b)(1)(A) through a competitive process.

    (B) Each subgrant shall be for a project of sufficient duration and of sufficient size, scope, and quality to carry out the purpose of this title effectively.

    (2) Each local educational agency wishing to receive a subgrant under this subsection shall submit an application to the State educational agency that--

      (A) is developed by a broad-based panel, appointed by the local educational agency, that is representative of the racial, language, ethnic, and socioeconomic diversity of the students and community and includes teachers, parents, school administrators, business representatives, and others, as appropriate, and is approved by the local educational agency, with any modifications the local educational agency deems appropriate;

      (B) includes, not later than the beginning of the second year for which assistance is sought, a comprehensive local plan for districtwide education improvement, directed at enabling all students to meet the State’s challenging content and student performance standards, including specific goals and benchmarks, that is consistent with the State’s improvement plan (either approved or under development) and includes a strategy for--

        (i) ensuring that all students have a fair opportunity to learn;

        (ii) improving teaching and learning;

        (iii) improving governance and management;

        (iv) generating and maintaining parental and community involvement; and

        (v) expanding improvements throughout the local educational agency;

      (C) describes how the local educational agency will encourage and assist schools to develop comprehensive school improvement plans that focus on helping all students reach challenging content and student performance standards and that address each element of the local educational agency’s improvement plan identified in subparagraph (B);

      (D) describes how the local educational agency will implement specific programs aimed at ensuring improvements in school readiness and the ability of students to learn effectively at all grade levels by identifying the most pressing needs facing students and their families with regard to social services, health care, nutrition, and child care, and entering into partnerships with public and private agencies to increase the access of students and families to coordinated services in a school setting or at a nearby site;

      (E) describes how the subgrant funds would be used by the local educational agency, and the procedures to be used to make funds available to schools in accordance with paragraph (4)(A);

      (F) identifies, with an explanation, any State or Federal requirements that the local educational agency believes impede educational improvement and that it requests be waived in accordance with section 310, which requests shall promptly be transmitted to the Secretary by the State educational agency; and

      (G) contains such other information as the State educational agency may reasonably require.

    (3) The panel appointed under paragraph (2)(A) shall, after approval of the local educational agency’s application by the State educational agency, monitor the implementation and effectiveness of the local improvement plan in close consultation with teachers, principals, administrators, and parents from schools receiving funds under this title, to determine if revisions to the local plan should be recommended to the local educational agency. The panel shall make public its findings.

    (4)(A) A local educational agency that receives a subgrant under this subsection shall--

      (i) in the first year, use no more than 25 percent of those funds to develop a local improvement plan or for any local district activities approved by the State educational agency that are reasonably related to carrying out the State or local improvement plans, and not less than 75 per centum of such funds to support individual school improvement initiatives directly related to providing all students in the school the opportunity to meet challenging State content and student performance standards; and

      (ii) in subsequent years, use those funds for any activities approved by the State educational agency that are reasonably related to carrying out the State or local improvement plans, except that at least 85 per centum of such funds shall be made available to individual schools to develop and implement comprehensive school improvement plans designed to help all students meet challenging State content standards.

    (B) At least 50 per centum of the funds made available by a local educational agency to individual schools under this section in any fiscal year shall be made available to schools with a special need for such assistance, as indicated by a high number or percentage of students from low-income families, low student achievement, or other similar criteria developed by the local educational agency.

    (b) SUBGRANTS FOR PRESERVICE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT ACTIVITIES- (1) (A) Each State educational agency shall make subgrants to consortia of local educational agencies, institutions of higher education, private nonprofit organizations, or combinations thereof, under section 308(a)(1) and (b)(1) through a competitive, peer-reviewed process to--

      (i) improve preservice teacher education programs consistent with the State plan; and

      (ii) support continuing, sustained professional development activities for educators consistent with the State plan.

    (B)(i) In order to apply for a subgrant described in subparagraph (A)(i), a consortium must include at least one local educational agency and at least one institution of higher education.

      (ii) In order to apply for a subgrant described in subparagraph (A)(ii), a consortium must include at least one local educational agency.

    (2) A consortium that wishes to receive a subgrant under this subsection shall submit an application to the State educational agency that--

      (A) describes how the applicant will use the subgrant to improve teacher preservice and school administrator education programs or to implement educator professional development activities consistent with the State plan;

      (B) identifies the criteria to be used by the applicant to judge improvements in preservice education or the effects of professional development activities consistent with the State plan; and

      (C) contains any other information that the State educational agency determines is appropriate.

    (3) A recipient of a subgrant under this subsection shall use the subgrant funds for activities supporting--

      (A) the improvement of preservice teacher education and school administrator programs so that such programs equip educators with the subject matter and pedagogical expertise necessary for preparing all students to meet challenging standards; or

      (B) the development and implementation of new and improved forms of continuing and sustained professional development opportunities for teachers, principals, and other educators at the school or district level that equip educators with such expertise, and with other knowledge and skills necessary for leading and participating in continuous education improvement.

    (c) SPECIAL AWARD RULE- (1) Each State educational agency shall award at least at 50 per centum of subgrant funds under subsection (a) in each fiscal year to local educational agencies that have a greater percentage or number of disadvantaged children than the statewide average percentage or number for all local educational agencies in the State.

    (2) The State educational agency may waive the requirement of paragraph (1) if it does not receive a sufficient number of applications to comply with such requirement.

WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS

    SEC. 310. (a) GENERAL- (1) Except as provided in subsection (c), the Secretary may waive any requirement of any statute listed in subsection (b) or of the regulations issued under such statute for a State educational agency, local educational agency, or school that requests such a waiver--

      (A) if, and only to the extent that, the Secretary determines that such requirement impedes the ability of the State, or of a local educational agency or school in the State, to carry out the State or local education improvement plan;

      (B) if the State educational agency has waived, or agrees to waive, similar requirements of State law; and

      (C) if, in the case of a Statewide waiver, the State educational agency--

        (i) provides all local educational agencies in the State with notice and an opportunity to comment on the State educational agency’s proposal to seek a waiver; and

        (ii) submits the local educational agencies’ comments to the Secretary.

    (2) The Secretary shall act promptly on any such request.

    (3) Each such waiver shall be for a period not to exceed three years. The Secretary may extend such period if the Secretary determines that the waiver has been effective in enabling the State or affected local educational agencies to carry out their reform plans.

    (b) INCLUDED PROGRAMS- The statutes subject to the waiver authority of this section are as follows:

      (1) Chapter 1 of title I of the Elementary and Secondary Education Act of 1965, including the Even Start Act.

      (2) Part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965.

      (3) The Dwight D. Eisenhower Mathematics and Science Education Act (title II, part A of the Elementary and Secondary Education Act of 1965).

      (4) The Emergency Immigrant Education Act of 1984 (title IV, part D of the Elementary and Secondary Education Act of 1965).

      (5) The Drug-Free Schools and Communities Act of 1986 (title V of the Elementary and Secondary Education Act of 1965).

      (6) The Carl D. Perkins Vocational and Applied Technology Education Act.

    (c) WAIVERS NOT AUTHORIZED- The Secretary may not waive any statutory or regulatory requirement of the programs listed in subsection (b) relating to--

      (1) maintenance of effort;

      (2) comparability of services;

      (3) the equitable participation of students attending private schools;

      (4) parental participation and involvement; or

      (5) the distribution of funds to State or to local educational agencies.

    (d) TERMINATION OF WAIVERS- The Secretary shall periodically review the performance of any State, local educational agency, or school for which the Secretary has granted a waiver and shall terminate the waiver if he or she determines that the performance of the State, the local educational agency, or the school in the area affected by the waiver has been inadequate to justify a continuation of the waiver.

PROGRESS REPORTS

    SEC. 311. (a) STATE REPORTS TO THE SECRETARY- Each State educational agency that receives funds under this title shall annually report to the Secretary--

      (1) on the State’s progress in meeting its goals and plans;

      (2) on the State’s proposed activities for the succeeding year; and

      (3) in summary form, on the progress of local educational agencies in meeting local goals and plans.

    (b) SECRETARY’S REPORTS TO CONGRESS- By April 30, 1996, and every two years thereafter, the Secretary shall submit a report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate describing the activities and outcomes of grants under--

      (1) section 219 of this Act, including--

        (A) a description of the purpose, uses, and technical merit of assessments evaluated with funds under such section; and

        (B) an analysis of the impact of such assessments on the performance of students, particularly those of different racial, gender, ethnic, or language groups; and

      (2) this title, including a description of the effect of waivers granted under section 310.

NATIONAL LEADERSHIP

    SEC. 312. (a) ACTIVITIES AUTHORIZED- From funds reserved each year under section 304(a)(2)(A), the Secretary may, directly or through grants or contracts--

      (1) provide technical assistance to States and local educational agencies developing or implementing school improvement plans, in a manner that ensures that each such State has access to such assistance;

      (2) gather data on, conduct research on, and evaluate systemic education improvement, including the programs authorized by this title; and

      (3) disseminate research findings and other information on systemic education improvement.

    (b) RESERVATION OF FUNDS- The Secretary shall use at least 50 per centum of the funds reserved each year under section 304(a)(2)(A) to make grants, consistent with those provisions of section 309(a) that the Secretary finds appropriate, to urban and rural local educational agencies with large numbers or concentrations of students who are economically disadvantaged or who have limited English proficiency, to assist those agencies develop and implement local school improvement plans.

ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE INTERIOR

    SEC. 313. (a) OUTLYING AREAS- (1) Funds reserved for the outlying areas under section 304(a)(1)(A) shall be made available to, and expended by, such areas, under such conditions and in such manner as the Secretary determines will best meet the purposes of this title.

      (2) The provisions of Public Law 95-134, permitting the consolidation of grants to the insular areas, shall not apply to funds received by such areas under this title.

    (b) SECRETARY OF THE INTERIOR- The funds reserved by the Secretary for the Secretary of the Interior under section 304(a)(1)(B) shall be made available to the Secretary of the Interior pursuant to an agreement between the Secretary and the Secretary of the Interior containing such terms and assurances, consistent with this title, as the Secretary determines will best achieve the purpose of this title.

    (c) SECRETARY OF DEFENSE- The Secretary shall consult with the Secretary of Defense to ensure that, to the extent practicable, the purposes of this title are applied to the Department of Defense schools.

TITLE IV--NATIONAL SKILL STANDARDS BOARD

PURPOSE

    SEC. 401. It is the purpose of this title to stimulate 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 that can be used--

      (1) by the Nation, to ensure the development of a high skills, high quality, high performance workforce, including the most skilled front-line workforce in the world, and that will result in increased productivity, economic growth and American economic competitiveness;

      (2) by industries, as a vehicle for informing training providers and prospective employees of skills necessary for employment;

      (3) by employers, to assist in evaluating the skill levels of prospective employees and to assist in the training of current employees;

      (4) by labor organizations, to enhance the employment security of workers by providing portable credentials and skills;

      (5) by workers, to obtain certifications of their skills to protect against dislocation, to pursue career advancement, and to enhance their ability to reenter the workforce;

      (6) 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;

      (7) by training providers and educators, to determine appropriate training services to offer;

      (8) by Government, to protect the integrity of public expenditures by ensuring that publicly-funded, employment-related training meets industry standards where they exist; and

      (9) to facilitate linkages between other components of the workforce investment strategy, including school-to-work transition and job training programs.

ESTABLISHMENT OF NATIONAL BOARD

    SEC. 402. (a) IN GENERAL- There is established a National Skill Standards Board (hereafter referred to in this title as the ‘National Board’).

    (b) COMPOSITION-

      (1) IN GENERAL- The National Board shall be composed of 28 members, appointed in accordance with paragraph (2), 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) one member shall be the Chairperson of the National Education Standards and Improvement Council established pursuant to title II of this Act;

        (E) eight members shall be representatives of business and industry selected from among individuals recommended by business organizations and trade associations;

        (F) eight members shall be representatives of organized labor selected from among individuals recommended by recognized national labor federations; and

        (G) eight members shall be representatives of educational institutions, technical associations, community-based organizations and State governments who have expertise in the area of education and training and who have expertise that reflects a broad cross-section of occupations and industries.

      (2) APPOINTMENT- The membership of the National Board shall be appointed as follows:

        (A) Twelve members (four from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be appointed by the President.

        (B) Six members (two from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be appointed by the Speaker of the House of Representatives, upon the recommendations of the Majority and Minority Leaders of the House, respectively.

        (C) Six members (two from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be appointed by the President pro tempore of the Senate, upon the recommendations of the Majority and Minority Leaders of the Senate, respectively.

      (3) TERM- Each member of the National Board appointed under subparagraphs (E), (F), and (G) of paragraph (1) shall be appointed for a term of four years, except that of the initial members of the Board appointed under such paragraph, twelve members shall be appointed for a term of three years (four from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1), of whom two from each class shall be appointed in accordance with paragraph (2)(A), one from each class shall be appointed in accordance with paragraph (2)(B), and one from each class shall be appointed in accordance with paragraph (2)(C)), and twelve members shall be appointed for a term of four years (four from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1), of whom two from each class shall be appointed in accordance with paragraph (2)(A), one from each class shall be appointed in accordance with paragraph (2)(B), and one from each class shall be appointed in accordance with paragraph (2)(C)).

    (c) CHAIRPERSON AND VICE CHAIRPERSONS-

      (1) CHAIRPERSON- The Chairperson of the National Board shall be elected biennially from among the members of the National Board by a majority vote of such members.

      (2) VICE CHAIRPERSONS- The National Board shall annually elect three Vice Chairpersons (each representing a different one of the classes of members described in subparagraphs (E), (F), and (G) of paragraph (1)) from among its members appointed under paragraph (2), each of whom shall serve for a term of one year.

    (d) Compensation and Expenses-

      (1) COMPENSATION- Members of the National Board who are not regular full-time employees of the United States Government shall serve without compensation.

      (2) EXPENSES- While away from their homes or regular places of business on the business of the National Board, members of such Board shall receive payment for necessary travel expenses in accordance with subchapter I of chapter 57, title 5, United States Code.

    (e) EXECUTIVE DIRECTOR AND STAFF- The Chairperson of the National Board shall appoint an Executive Director, who shall be compensated at a rate determined by the National Board that shall not exceed the rate of pay for level V of the Executive Schedule under section 5316 of title 5, United States Code, and who may appoint such staff as is necessary in accordance with title 5, United States Code.

    (f) GIFTS- The National Board is authorized, in carrying out this title, to accept, purchase, or lease, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise, and to accept voluntary and uncompensated services notwithstanding the provisions of section 1342 of title 31, United States Code.

    (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 department or agency of the United States may detail to the National Board, on a reimbursable basis, any of the personnel of such department or agency to assist the National Board in carrying out this title.

FUNCTIONS OF THE NATIONAL BOARD

    SEC. 403. (a) IDENTIFICATION OF OCCUPATIONS- The National Board shall identify broad clusters of major occupations that involve one or more than one industry in the United States.

    (b) DEVELOPMENT OF SKILL STANDARDS- With respect to each broadly based occupational cluster identified pursuant to subsection (a), the National Board shall encourage, promote, and assist in the voluntary development and adoption by the groups described in subsection (c) of--

      (1) skill standards, which at a minimum--

        (A) take into account, to the extent practicable, standards used in other countries and international standards;

        (B) take into account content and performance standards certified pursuant to title II of this Act;

        (C) take into account the requirements of high performance work organizations;

        (D) are in a form that allows for regular updating to take into account advances in technology or other developments within the occupational cluster;

        (E) are formulated in such a manner that the attainment of such standards is likely to meet the requirements for transferable credit and enable a student, trainee, or employee to continue education and training, with a special emphasis on transferability among firms and labor markets; and

        (F) are not discriminatory with respect to race, gender, age, ethnicity, disability or national origin;

      (2) a system of assessment and certification of the attainment of skill standards developed pursuant to paragraph (1), which at a minimum shall--

        (A) take into account, to the extent practicable, methods of assessment and certification used in other countries;

        (B) utilize a variety of evaluation techniques, such as oral and written evaluations, portfolio assessments and, where appropriate, performance tests;

        (C) include methods for validating the fairness and effectiveness of the assessment and certification system; and

        (D) utilize certification techniques that are designed to avoid disparate impacts (which, for the the purposes of this subparagraph, means substantially different rates of certification) against individuals based on race, gender, age, ethnicity, disability or national origin;

      (3) a system to evaluate the implementation of the skill standards, and assessment and certification systems developed pursuant to this subsection;

      (4) a system to promote the use of and disseminate information relating to skill standards, and assessment and certification systems developed pursuant to this subsection; and

      (5) a system to periodically revise and update the skill standards, and assessment and certification systems developed pursuant to this subsection, which will take into account changes in standards in other countries.

    (c) PARTICIPATION OF REPRESENTATIVES- (1) In order to carry out subsection (b), the National Board shall invite and obtain the full and balanced participation of--

      (A) representatives of business and industry who have expertise in the area of workforce skill requirements, including representatives of large and small employers, recommended by national business organizations and trade associations representing employers in the occupation or industry for which a standard is being developed, and representatives of trade associations that have received demonstration grants from the Department of Labor or the Department of Education to establish skill standards prior to the enactment of this title;

      (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; and

      (C) representatives of educational institutions, including representatives of high schools, technical and trade schools, junior and community colleges, and four-year postsecondary institutions, and representatives of technical associations, community-based organizations, State governments, State agencies with jurisdiction over education, employment and training, and other policy development organizations with expertise in the area of workforce skill requirements.

    (2) The National Board may supplement the invitations and participation provided for in paragraph (1) by inviting and soliciting the participation of such other individuals as the National Board deems to be independent, qualified experts in their fields.

    (d) ENDORSEMENT OF STANDARDS- The National Board shall endorse those skill standards, assessment and certification systems and systems for evaluating, disseminating and updating such standards and assessment and certification systems described in subsection (b), that the National Board determines, after public review and comment, meet the requirements of this section and are appropriate for the industry or occupation.

    (e) LIMITATIONS- The National Board shall not carry out the requirements of subsections (b), (c) or (d) with respect to any occupation or trade within the construction industry for which recognized apprenticeship standards have been jointly developed by labor and management representatives and are being actively used for training workers in such occupation or trade unless labor and management representatives of such occupation or trade and representatives of certified apprenticeship programs within such occupation or trade jointly request the assistance of the National Board.

    (f) COORDINATION- 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 title with the development of content and performance standards under title II of this Act.

    (g) ADDITIONAL DUTIES- In order to support the activities described in subsection (b), the National Board shall--

      (1) conduct workforce research relating to skill standards and make such research available to the public, including the representatives described in subsection (c);

      (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);

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

      (5) encourage the development and adoption, in accordance with the participation requirements of subsection (c), of curricula and training materials, for attaining the skill standards developed pursuant to subsection (b), that include structured work experiences and related study programs leading to progressive levels of professional and technical certification;

      (6) provide appropriate technical assistance; and

      (7) develop long-term strategic plans relating to the development and utilization of skill standards.

    (h) FINANCIAL ASSISTANCE- From funds appropriated pursuant to section 406, the Secretary of Labor may award grants and enter into contracts and cooperative arrangements that are requested by the National Board for the purposes of carrying out this title.

DEADLINES

    SEC. 404. No later than December 31, 1995, the National Board shall--

      (1) identify occupational clusters pursuant to section 403(a) representing a substantial portion of the workforce; and

      (2) ensure the development of an initial set of skill standards in accordance with section 403(b) for such clusters, to be updated as appropriate.

REPORTS

    SEC. 405. The National Board shall submit to the President and the Congress in each fiscal year a report on the activities conducted under this title, including the extent to which skill standards have been adopted by employers, training providers, and other entities and the effectiveness of such standards in accomplishing the purposes described in section 401.

AUTHORIZATION OF APPROPRIATIONS

    SEC. 406. (a) IN GENERAL- There are authorized to be appropriated $15,000,000 for fiscal year 1994 and such sums as may be necessary for each of fiscal years 1995 through 1999 to carry out this title.

    (b) AVAILABILITY- Amounts appropriated pursuant to subsection (a) shall remain available until expended.

TITLE V--MISCELLANEOUS

DEFINITIONS

    SEC. 501. As used in this Act--

      (1) the term ‘content standards’ means broad descriptions of the knowledge and skills students should acquire in a particular subject area;

      (2) the term ‘Governor’ means the chief executive of the State;

      (3) the terms ‘local educational agency’ and ‘State educational agency’ have the meaning given those terms in section 1471 of the Elementary and Secondary Education Act of 1965;

      (4) the term ‘outlying areas’ means Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Palau (until the effective date of the Compact of Free Association with the Government of Palau);

      (5) the term ‘performance standards’ means concrete examples and explicit definitions of what students have to know and be able to do to demonstrate that they are proficient in the skills and knowledge framed by content standards;

      (6) the term ‘school’ means a school that is under the authority of the State educational agency and a local educational agency or, for the purpose of carrying out section 313(b), a school that is operated or funded by the Bureau of Indian Affairs;

      (7) the term ‘Secretary’, except where used in title IV, means the Secretary of Education; and

      (8) the term ‘State’ means each of the fifty States, the District of Columbia, and the Commonwealth of Puerto Rico.

LIMITATION

    SEC. 502. No funds provided under titles II or III of this Act shall be used to undertake assessments that will be used to make decisions regarding the graduation, grade promotion, or retention of students for five years from the date of enactment of this Act.