< Back to S. 1150 (103rd Congress, 1993–1994)

Text of the Goals 2000: Educate America Act

This bill was introduced on June 23, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 23, 1993 (Placed on Calendar in the Senate).

Source: GPO

S 1150 PCS

Calendar No. 106

103d CONGRESS

1st Session

S. 1150

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 SENATE OF THE UNITED STATES

June 23 (legislative day, JUNE 22), 1993

Mr. KENNEDY, from the Committee on Labor and Human Resources, reported the following original bill; which was read twice and placed on the calendar


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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- Titles I through IV of this Act may be cited as the ‘Goals 2000: Educate America Act’.

    (b) TABLE OF CONTENTS- The table of contents is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Purpose.

      Sec. 3. Definitions.

TITLE I--NATIONAL EDUCATION GOALS

      Sec. 101. Purpose.

      Sec. 102. National education goals.

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

Part A--National Education Goals Panel

      Sec. 201. Purpose.

      Sec. 202. National education goals panel.

      Sec. 203. Duties.

      Sec. 204. Powers of the goals panel.

      Sec. 205. Administrative provisions.

      Sec. 206. Director and staff; experts and consultants.

Part B--National Education Standards and Improvement Council

      Sec. 211. Purpose.

      Sec. 212. National Education Standards and Improvement Council.

      Sec. 213. Duties.

      Sec. 214. Annual reports.

      Sec. 215. Powers of the council.

      Sec. 216. Administrative provisions.

      Sec. 217. Director and staff; experts and consultants.

      Sec. 218. Opportunity-to-learn development grant.

Part C--Authorization of Appropriations

      Sec. 221. Authorization of appropriations.

TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

      Sec. 301. Findings.

      Sec. 302. Purpose.

      Sec. 303. Authorization of appropriations.

      Sec. 304. Allotment of funds.

      Sec. 305. State applications.

      Sec. 306. State improvement plans.

      Sec. 307. Secretary’s review of applications; payments.

      Sec. 308. State use of funds.

      Sec. 309. Subgrants for local reform and professional development.

      Sec. 310. Availability of information and training.

      Sec. 311. Waivers of statutory and regulatory requirements.

      Sec. 312. Progress reports.

      Sec. 313. National leadership.

      Sec. 314. Assistance to the outlying areas and to the Secretary of the Interior.

TITLE IV--SCHOOLS

      Sec. 401. Public schools.

TITLE V--NATIONAL SKILL STANDARDS BOARD

      Sec. 501. Short title.

      Sec. 502. Purpose.

      Sec. 503. Establishment of National Board.

      Sec. 504. Functions of the National Board.

      Sec. 505. Deadlines.

      Sec. 506. Reports.

      Sec. 507. Authorization of appropriations.

      Sec. 508. Definitions.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide a framework for meeting the National Education Goals described in title I of this Act by--

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

      (2) improving the quality of teaching and learning 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 United States 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; and

      (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 schools serving students with high needs, develop and implement comprehensive improvement plans.

SEC. 3. DEFINITIONS.

    As used in this Act--

      (1) the term ‘all students’ means students from a 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, students who have dropped out of school, and academically talented students;

      (2) the term ‘assessment’ means the overall process and form of instrument used to measure student attainment of content standards, except that such term need not include the discrete items that comprise each assessment;

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

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

      (5) the term ‘local educational agency’ has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965, except that such term may include a public school council if such council is mandated by State law;

      (6) the term ‘opportunity-to-learn standards’ means the conditions of teaching and learning necessary for all students to have a fair opportunity to learn, including ways of measuring the extent to which such standards are being met;

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

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

      (9) the term ‘related services’ includes the types of services described in section 602(17) of the Individuals with Disabilities Education Act;

      (10) the term ‘school’ means a public school that is under the authority of the State educational agency or a local educational agency or, for the purpose of carrying out section 314(b), a school that is operated or funded by the Bureau of Indian Affairs;

      (11) the term ‘Secretary’, unless otherwise specified, means the Secretary of Education;

      (12) the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

      (13) the term ‘State educational agency’ has the same meaning given such term in section 1471(23) of the Elementary and Secondary Education Act of 1965.

TITLE I--NATIONAL EDUCATION GOALS

SEC. 101. PURPOSE.

    It is the purpose of this title to establish National Education Goals.

SEC. 102. NATIONAL EDUCATION GOALS.

    The Congress declares the National Education Goals are as follows:

      (1) SCHOOL READINESS-

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

        (B) OBJECTIVES- The objectives for the goal described in subparagraph (A) 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 the United States will be a child’s first teacher and devote time each day to helping such parent’s preschool child learn, and parents will have access to the training and support parents need; and

          (iii) children will receive the nutrition 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) SCHOOL COMPLETION-

        (A) GOAL- By the year 2000, the high school graduation rate will increase to at least 90 percent.

        (B) OBJECTIVES- The objectives for the goal described in subparagraph (A) are that--

          (i) the Nation must dramatically reduce its high school dropout rate, and 75 percent of high school students who do drop out of school will successfully complete a high school degree or its equivalent; and

          (ii) the gap in high school graduation rates between United States students from minority backgrounds and their nonminority counterparts will be eliminated.

      (3) STUDENT ACHIEVEMENT AND CITIZENSHIP-

        (A) GOAL- By the year 2000, United States students will leave grades 4, 8, and 12 having demonstrated competency over challenging subject matter including English, mathematics, science, foreign languages, civics and government, arts, history, and geography, and every school in the United States will ensure that all students learn to use their minds well, so students may be prepared for responsible citizenship, further learning, and productive employment in our Nation’s modern economy.

        (B) OBJECTIVES- The objectives for the goal described in subparagraph (A) 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 quartile 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 our Nation and about the world community.

      (4) MATHEMATICS AND SCIENCE-

        (A) GOAL- By the year 2000, United States students will be first in the world in mathematics and science achievement.

        (B) OBJECTIVES- The objectives for the goal described in subparagraph (A) are that--

          (i) mathematics and science education will be strengthened throughout the educational system, especially in the early grades;

          (ii) the number of teachers with a substantive background in mathematics and science will increase by 50 percent from the number of such teachers in 1992; 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) ADULT LITERACY AND LIFELONG LEARNING-

        (A) GOAL- By the year 2000, every adult United States citizen 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) OBJECTIVES- The objectives for the goal described in subparagraph (A) are that--

          (i) every major United States 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 programs at libraries, that are designed to serve more effectively the needs of the growing number of part-time and mid-career students, will increase substantially;

          (iv) the proportion of qualified students, especially minorities, who enter college, who complete at least 2 years of college, 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) SAFE, DISCIPLINED, AND DRUG-FREE SCHOOLS-

        (A) GOAL- By the year 2000, every school in the United States will be free of drugs and violence and will offer a disciplined environment conducive to learning.

        (B) OBJECTIVES- The objectives for the goal described in subparagraph (A) are that--

          (i) every school will implement a firm and fair policy on use, possession, and distribution of drugs and alcohol;

          (ii) parents, businesses, governmental and community organizations will work together to ensure that schools are a safe haven for all children;

          (iii) every school district will develop a comprehensive kindergarten through twelfth grade drug and alcohol prevention education program;

          (iv) drug and alcohol curriculum should be taught as an integral part of health education; and

          (v) 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

SEC. 201. PURPOSE.

    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;

      (3) periodically reviewing the goals and objectives described in title I and recommending adjustments to such goals and objectives, as needed, in order to guarantee education reform that continues to provide guidance for quality, world class education for all students; and

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

SEC. 202. NATIONAL EDUCATION GOALS PANEL.

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

    (b) COMPOSITION- The Goals Panel shall be composed of 18 members (hereafter in this part referred to as ‘members’), including--

      (1) two members appointed by the President;

      (2) eight members who are Governors, 3 of whom shall be from the same political party as the President and 5 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 the Chairperson and Vice Chairperson each appointing representatives of such Chairperson’s or Vice Chairperson’s respective political party, in consultation with each other;

      (3) four Members of the Congress, of whom--

        (A) one member shall be appointed by the Majority Leader of the Senate from among the Members of the Senate;

        (B) one member shall be appointed by the Minority Leader of the Senate from among the Members of the Senate;

        (C) one member shall be appointed by the Majority Leader of the House of Representatives from among the Members of the House of Representatives; and

        (D) one member shall be 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 2 may be of the same political party as the President of the United States.

    (c) SPECIAL APPOINTMENT RULES-

      (1) IN GENERAL- 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 3 individuals and the Vice Chairperson of such association shall appoint 5 individuals.

        (B) If the Chairperson of the National Governors’ Association is from the opposite political party as the President, the Chairperson shall appoint 5 individuals and the Vice Chairperson of such association shall appoint 3 individuals.

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

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

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

      (2) GOVERNORS- Members appointed under paragraph (2) of subsection (b) shall serve a 2-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 2 years.

      (3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS- Members appointed under paragraphs (3) and (4) of subsection (b) shall serve for 2-year terms.

    (e) DATE OF APPOINTMENT- The initial members shall be appointed not later than 60 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 10 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 for the Goals Panel away from the home or regular place of business of the member.

    (i) CHAIRPERSON-

      (1) IN GENERAL- The members shall select a Chairperson from among the members described in paragraph (2) of subsection (b).

      (2) TERM AND POLITICAL AFFILIATION- The Chairperson of the Goals Panel shall serve a 1-year term and shall alternate between political parties.

SEC. 203. DUTIES.

    (a) IN GENERAL- The Goals Panel shall--

      (1) report on the progress the Nation and the States are making toward achieving the National Education Goals described in title I, 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 subsections (b) and (c) of section 212;

      (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 or systems of assessments, and opportunity-to-learn standards; and

        (B) voluntary national content standards, voluntary national student performance standards and voluntary national opportunity-to-learn standards certified by such Council;

      (4) report on promising or effective actions being taken at the national, State, and local levels, and 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) IN GENERAL- The Goals Panel shall annually prepare and submit to the President, the Secretary, the appropriate committees of the 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) FORM; DATA- National report cards shall be presented in a form, and include data, that is understandable to parents and the general public.

SEC. 204. POWERS OF THE GOALS PANEL.

    (a) HEARINGS-

      (1) IN GENERAL- 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) REPRESENTATION- 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, voluntary national student performance standards, voluntary national opportunity-to-learn standards, and State assessments or systems of assessments described in section 213(e).

    (b) INFORMATION- The Goals Panel may secure directly from any department or agency of the Federal Government information necessary to enable the Goals Panel to carry out this part. Upon request of the Chairperson of the Goals Panel, the head of any such 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 departments and agencies of the Federal Government.

    (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 department, agency or instrumentality of the Federal Government, or of any State or political subdivision thereof.

    (e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT-

      (1) IN GENERAL- The Secretary shall provide to the Goals Panel, on a reimbursable basis, such administrative support services as the Goals Panel may request.

      (2) CONTRACTS AND OTHER ARRANGEMENTS- 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 the Goals Panel compile and analyze data or carry out other functions necessary to the performance of the Goals Panel’s responsibilities.

SEC. 205. ADMINISTRATIVE PROVISIONS.

    (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 the members of the Goals Panel.

    (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 the proceedings of the Goals Panel (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and shall make available to the public, at reasonable cost, transcripts of such proceedings.

SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) DIRECTOR- The Chairperson of the Goals Panel, 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, shall 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) IN GENERAL- (A) The Director may appoint not more than 4 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 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) ADDITIONAL EMPLOYEES- The Director may appoint additional employees to serve as staff to the Goals Panel in accordance 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 3109(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 such department to the Goals Panel to assist the Goals Panel in carrying out its responsibilities under this part.

PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

SEC. 211. PURPOSE.

    It is the purpose of this part to establish a mechanism to--

      (1) certify voluntary national content standards and voluntary national student performance standards that define what all 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 standards and voluntary national student performance standards certified by the National Education Standards and Improvement 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 standards and the voluntary national 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 that--

        (A) describe the conditions of teaching and learning necessary for all students to have a fair opportunity to learn; and

        (B) address the elements described in section 213(c)(3); and

      (5) certify assessments or systems of assessments submitted by States on a voluntary basis, if such assessments or systems--

        (A) are aligned with and support State content standards certified by such Council; and

        (B) are valid, reliable, and fair when used for their intended purposes.

SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.

    (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 19 members (hereafter in this part referred to as ‘members’) appointed by the President from nominations submitted by the Goals Panel.

    (c) QUALIFICATIONS-

      (1) IN GENERAL- The members of the Council shall include--

        (A) five professional educators appointed from among elementary and secondary classroom teachers, preschool educators, related services personnel, and other school-based professionals, State or local educational agency administrators, or other educators;

        (B) four representatives of business and industry or postsecondary educational institutions, including at least 1 representative of business and industry who is also a member of the National Skill Standards Board established pursuant to title V;

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

        (D) five education experts, appointed from among experts in measurement and assessment, curriculum, school finance and equity, or school reform.

      (2) NOMINATIONS- The Goals Panel shall submit to the President at least 15 nominations for each of the 4 categories of appointment described in subparagraphs (A) through (D) of paragraph (1).

      (3) REPRESENTATION- To the extent feasible, the membership of the Council shall--

        (A) be geographically representative of the United States and reflect the diversity of the United States with respect to race, ethnicity, gender and disability characteristics; and

        (B) include persons from each of the 4 categories described in subparagraphs (A) through (D) of paragraph (1) who have expertise in the education of subgroups of students who are at risk of school failure.

    (d) TERMS-

      (1) IN GENERAL- Members shall be appointed for 3-year terms, with no member serving more than 2 consecutive terms.

      (2) INITIAL TERMS- The President shall establish initial terms for members of 1, 2, or 3 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 120 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 19 members have been appointed.

    (g) RETENTION- In order to retain an appointment to the Council, a member shall 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 who are not regular full-time employees of the United States, while attending meetings or hearings of the Council, may 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 for the Council away from the home or regular place of business of the member.

    (k) OFFICERS- The members shall select officers of the Council from among the members. The officers of the Council shall serve for 1-year terms.

    (l) CONFLICT OF INTEREST- No member, staff, expert, or consultant assisting the Council shall be appointed to the Council--

      (1) if such member, staff, expert, or consultant has a fiduciary interest in an educational assessment; and

      (2) unless such member, staff, expert, or consultant agrees that such member, staff, expert, or consultant, respectively, will not obtain such an interest for a period of 2 years from the date of termination of such member’s service on the Council.

SEC. 213. DUTIES.

    (a) VOLUNTARY NATIONAL CONTENT STANDARDS-

      (1) IN GENERAL- The Council, upon recommendation from a working group on voluntary national content standards, shall--

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

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

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

      (2) CRITERIA- (A) The Council, upon recommendation from a working group on voluntary national content standards, shall--

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

        (ii) before applying such criteria, forward such criteria 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 standards in the world;

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

        (iii) the extent to which the proposed voluntary national content standards and voluntary national student performance standards have been developed through an open and public process that provides for input and involvement of all relevant parties, including teachers, related services personnel, and other professional educators, employers and postsecondary education institutions, curriculum and subject matter specialists, parents, secondary school students, 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 standards and voluntary national student performance standards certified by the Council.

    (c) VOLUNTARY NATIONAL OPPORTUNITY-TO-LEARN STANDARDS-

      (1) IN GENERAL- The Council, upon recommendation from a working group on voluntary national opportunity-to-learn standards, 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 described in the voluntary national content standards certified by the Council.

      (2) REQUIREMENT- 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) ELEMENTS ADDRESSED- 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 to meet diverse learning needs 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 all students receive a fair opportunity to achieve the knowledge and skills described in the voluntary national content standards and the voluntary national student performance standards certified by the Council.

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

        (A) identify what other 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 such criteria to the Goals Panel for approval.

      (5) RECOMMENDATIONS AND COORDINATION- 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 each grant awarded under section 218; and

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

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

    (d) VOLUNTARY STATE OPPORTUNITY-TO-LEARN STANDARDS- The Council may certify voluntary opportunity-to-learn standards presented on a voluntary basis by a State that--

      (1) describe the conditions of teaching and learning necessary for all students to have a fair opportunity to learn; and

      (2) address the elements described in section 213(c)(3).

    (e) ASSESSMENTS-

      (1) IN GENERAL- (A) The Council shall certify, for a period not to exceed 5 years, an assessment of a single subject area or a system of assessments involving several subject areas presented on a voluntary basis by a State if such assessment or system of assessment--

        (i) is aligned with such State’s voluntary State content standards, if such State has voluntary State content standards that have been certified by the Council;

        (ii) involves multiple measures of student performance; and

        (iii) provides for--

          (I) the participation of all students with diverse learning needs in such assessment or system; and

          (II) the adaptations and accommodations necessary to permit such participation.

      (B) Assessments or systems of assessments shall be certified 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 such 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.

      (2) IMPLEMENTATION- (A)(i) The Council shall develop, and not sooner than 3 years nor later than 4 years after the date of enactment of this Act, begin utilizing, criteria for the certification of such an assessment or a system of assessments in accordance with this subsection, including an assessment or system that is used to make decisions regarding graduation, grade promotion, or retention of students.

      (ii) Before utilizing the criteria described in clause (i), the Council shall forward such criteria to the Goals Panel for approval.

      (B) The certification criteria described in this paragraph shall address the extent to which an assessment or a system of assessments--

        (i)(I) is aligned with a State’s voluntary State content standards, if such State has voluntary State content standards that have been certified by the Council; and

        (II) will support effective curriculum and instruction;

        (ii) is to be used for a purpose for which such assessment or system 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 under this paragraph, 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 assessments or 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 assessments or systems of assessments.

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

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

      (1) work with Federal and non-Federal departments, agencies, or 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 the Council on particular content, student performance, and opportunity-to-learn standards and on assessments or systems of assessments;

      (2) 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 described in title V;

      (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 assessments or systems of assessments;

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

      (6) periodically recertify, as appropriate, the voluntary national content standards, the voluntary national student performance standards, and the voluntary national opportunity-to-learn standards.

SEC. 214. ANNUAL REPORTS.

    Not later than 1 year after the date the Council concludes its first meeting, and each year thereafter, the Council shall prepare and submit a report regarding its work to the President, the Secretary, the appropriate committees of the Congress, the Governor of each State, and the Goals Panel.

SEC. 215. POWERS OF THE COUNCIL.

    (a) HEARINGS-

      (1) IN GENERAL- 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) LOCATION- 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 voluntary national content standards, voluntary national student performance standards, voluntary national opportunity-to-learn standards, and assessments or systems of assessments described in section 213(e).

    (b) INFORMATION- The Council may secure directly from any department or agency of the Federal Government information necessary to enable the Council to carry out this part. Upon request of the Chairperson of the Council, the head of such 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 Federal Government.

    (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 department, agency, or instrumentality of the United States, or of any State or political subdivision thereof.

    (e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT-

      (1) IN GENERAL- The Secretary shall provide to the Council, on a reimbursable basis, such administrative support services as the Council may request.

      (2) CONTRACTS AND OTHER ARRANGEMENTS- The Secretary, to the extent appropriate and on a reimbursable basis, shall enter into contracts and other arrangements that are requested by the Council to help the Council compile and analyze data or carry out other functions necessary to the performance of the Council’s responsibilities.

SEC. 216. ADMINISTRATIVE PROVISIONS.

    (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 shall make available to the public, at reasonable cost, transcripts of such proceedings.

SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) DIRECTOR- The Chairperson of the Council, 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, shall 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) IN GENERAL- (A) The Director may appoint not more than 4 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) ADDITIONAL EMPLOYEES- 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 3109(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 Federal Government may detail any of the personnel of such department or agency to the Council to assist the Council in carrying out its duties under this part.

SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.

    (a) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT-

      (1) IN GENERAL- The Secretary is authorized to award a grant or grants, on a competitive basis, to a consortium or consortia of individuals and organizations to enable such consortium or consortia to develop voluntary national opportunity-to-learn standards.

      (2) COMPOSITION OF CONSORTIUM- To the extent possible, each consortium described in paragraph (1) 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, and related services personnel;

        (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;

        (M) advocacy groups; and

        (N) secondary school students.

    (b) APPLICATIONS- Each 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.

    (c) AWARD CONSIDERATION- In establishing priorities and selection criteria for awarding a grant or grants under this section, the Secretary shall give serious consideration to the recommendations made by the Council pursuant to section 213(c)(5)(A).

PART C--AUTHORIZATION OF APPROPRIATIONS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

    (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 4 succeeding fiscal years, to carry out part A.

    (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 4 succeeding fiscal years, to carry out part B.

    (c) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS- 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 section 218.

TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

SEC. 301. FINDINGS.

    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 from 1977 through 1992 have achieved some good results, but such reform efforts often have been limited to a few schools or to a single part of the educational system;

      (3) leadership must come 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 system-wide improvement strategies that reflect the needs of their individual communities;

      (7) all students are entitled to teaching practices that are in accordance with accepted standards of professional practice and that hold the greatest promise of improving student performance;

      (8) all students are entitled to participate in a broad and challenging curriculum and to have access to resources sufficient to address other education needs;

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

      (10) States and local educational agencies, working together, must immediately set about developing and implementing such system-wide improvement strategies if our Nation is to educate all children to meet their full potential and achieve the National Education Goals described in title I;

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

      (12) businesses should be encouraged--

        (A) to enter into partnerships with schools;

        (B) to provide information and guidance to schools based on the needs of area businesses for properly educated graduates in general and on the need for particular workplace skills that the schools may provide;

        (C) to provide necessary education and training materials and support; and

        (D) to continue the lifelong learning process throughout the employment years of an individual;

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

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

SEC. 302. PURPOSE.

    It is the purpose of this title to--

      (1) improve the quality of education for all students by supporting a long-term, broad-based effort to provide coherent and coordinated improvements in the system of education throughout our Nation at the State and local levels;

      (2) provide new authorities and funding for our Nation’s school systems;

      (3) not replace or reduce funding for existing Federal education programs; and

      (4) ensure 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.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $400,000,000 for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998, to carry out this title.

SEC. 304. ALLOTMENT OF FUNDS.

    (a) RESERVATIONS OF FUNDS- From funds appropriated pursuant to the authority of section 303, the Secretary--

      (1) shall reserve a total of 1 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 not more than 4 percent for--

        (A) national leadership activities under subsections (a) and (b) of section 313; and

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

    (b) STATE ALLOTMENTS- From the amount allotted under section 303 and not reserved under subsection (a) in each fiscal year the Secretary shall make allotments to State educational agencies as follows:

      (1) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year if funds under such chapter in such preceding fiscal year were not reserved for the outlying areas.

      (2) 50 percent of such amount shall be allocated in accordance with the relative amounts each State would have received under part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year if funds under such chapter in such preceding fiscal year were not reserved for the outlying areas.

    (c) REALLOTMENTS- If the Secretary determines that any amount of a State educational agency’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 State educational agencies that need additional funds, in such manner as the Secretary determines is appropriate.

    (d) MAINTENANCE OF EFFORT- Each recipient of funds under this title, in utilizing the proceeds of an allotment received under this title, shall maintain the expenditures of such recipient for the activities assisted under this title at a level equal to not less than the level of such expenditures maintained by such recipient for the fiscal year preceding the fiscal year for which such allotment is received, except that provisions of this section shall not apply in any fiscal year in which the amount appropriated to carry out this title is less than the amount appropriated to carry out this title in the preceding fiscal year.

    (e) SUPPLEMENT NOT SUPPLANT- Each recipient of funds under this title, may use the proceeds of an allotment received under this title only so as to supplement and, to the extent practicable, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the activities assisted under this title.

SEC. 305. STATE APPLICATIONS.

    (a) APPLICATION-

      (1) IN GENERAL- Each State educational agency that desires to receive an allotment under this title shall submit an application to the Secretary at such time and in such manner as the Secretary may determine.

      (2) ADDITIONAL INFORMATION- 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 313, 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 educational agency’s application for the first year of assistance under this title shall--

      (1) describe the process by which the State educational agency 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 such agency will make subgrants to local educational agencies in accordance with section 309(a), and how such agency will use funds received under this title for education preservice programs and professional development activities in accordance with section 309(b).

    (c) SUBSEQUENT YEARS- A State educational agency’s application for the second year of assistance under this title shall--

      (1) cover the second through fifth years of the State’s participation;

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

      (3) include an explanation of how the State educational agency will use funds received under this title, including how such agency will make subgrants to local educational agencies in accordance with section 309(a), and how such agency will use such funds received under this title for education preservice programs and professional development activities in accordance with section 309(b).

SEC. 306. STATE IMPROVEMENT PLANS.

    (a) BASIC SCOPE OF PLAN- Any State educational agency that desires to receive an allotment under this title after its first year of participation shall develop and implement a State improvement plan for the fundamental restructuring and improvement of elementary and secondary education in the State. Such plan shall 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 or systems of assessments described in section 213(e), technology, and professional preparation and development approaches appropriate to help all students reach such 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 schools in, preparing all students to meet the challenging State standards;

      (4) in accordance with subsection (f), comprehensive strategies to involve communities, including parents, businesses, institutions of higher education, libraries, museums, employment and training agencies, health and human service agencies, and other public and private nonprofit agencies that provide nonsectarian social services, health care, child care, early childhood education, 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) IN GENERAL- A State improvement plan under this title shall be developed by a broad-based State 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 chairperson of the State board of education and the chairpersons of the appropriate authorizing committees of the State legislature, or their designees;

        (C) school teachers, related services personnel, principals, and administrators who have successfully improved student performance; and

        (D) representatives of teachers’ organizations, organizations serving young children, parents, secondary school students, business and labor leaders, community-based organizations of demonstrated effectiveness, local boards of education, State and local officials, and others, as appropriate.

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

      (3) REPRESENTATION- The membership of the panel shall be geographically representative of the State and reflect the diversity of the population of the State with regard to race, ethnicity, gender and disability characteristics.

      (4) CONSULTATION- 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 State improvement plan.

      (5) OUTREACH- The panel shall be responsible for conducting a statewide, grassroots outreach process, including conducting public hearings, to involve educators, related services personnel, parents, local officials, individuals representing private nonprofit elementary and secondary schools, 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 the State’s student population, including students of limited-English proficiency, Native American students, and students with disabilities, in the development of the State improvement plan and in a continuing dialogue regarding the need for and nature of challenging standards for students and local and State responsibilities for helping all students achieve such standards in order to assure that the development and implementation of the State improvement plan reflects local needs and experiences and does not result in a significant increase in paperwork for teachers.

      (6) PROCEDURE AND APPROVAL- The panel shall develop a State improvement plan, provide opportunity for public comment, and submit such plan to the State educational agency for approval.

      (7) SUBMISSION- The State educational agency shall submit the original State improvement plan developed by the panel and the State improvement plan modified by such agency, together with an explanation of any changes made by such agency to the plan developed by the panel, to the Secretary for approval.

      (8) MATTERS NOT UNDER THE JURISDICTION OF THE STATE EDUCATIONAL AGENCY- If any portion of a State improvement 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 thereof, from the Governor or other official responsible for that portion before submitting such plan to the Secretary.

      (9) MONITORING; REVISIONS; REPORTING- After approval of the State improvement plan by the Secretary, the panel shall be informed of progress on such plan by the State educational agency, and such agency, in close consultation with teachers, principals, administrators, advocates and parents in local educational agencies and schools receiving funds under this title, shall monitor the implementation and operation of such plan. The panel shall review such plan, and based on the progress described in the preceding sentence, determine if revisions to such plan are appropriate and necessary. The panel shall periodically report such determination to the public.

    (c) TEACHING, LEARNING, STANDARDS, AND ASSESSMENTS- Each State improvement plan shall establish strategies for meeting the National Education Goals described in title I by improving teaching and learning, and such strategies shall involve broad-based and ongoing classroom teacher input, 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 strengthen the capacity and responsibility of such agencies and schools to provide all of their students the opportunity to meet challenging State content and student performance standards;

      (3) a process for developing 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, fair, nondiscriminatory, and reliable assessment or system of assessments described in section 213(e) or a set of locally based systems of assessment--

        (A) which assessment, system or set shall--

          (i) be consistent with relevant, nationally recognized professional and technical standards for such assessment, system or set;

          (ii) be capable of providing coherent information about student attainments relative to the State content standards; and

          (iii) support effective curriculum and instruction; and

        (B) which process shall provide for monitoring the implementation of such assessment, system or set and the impact of such assessment, system or set on improved instruction for all students; and

      (5) a process for improving the State’s system of teacher and school administrator preparation and licensure, and of continuing professional development programs, including the use of technology at both the State and local levels, 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 described in paragraph (1).

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

      (1) adopting or establishing opportunity-to-learn standards that address the needs of all students;

      (2) achieving the State’s opportunity-to-learn standards in every school in the State; and

      (3) periodically reporting to the public on the extent of the State’s improvement in achieving such standards.

    (e) GOVERNANCE AND MANAGEMENT- Each State plan shall establish strategies for improved governance and management of the education system of the State.

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

    (g) MAKING THE IMPROVEMENTS SYSTEM-WIDE- In order to help provide all students throughout the State the opportunity to meet challenging State standards, each State improvement plan shall describe the various strategies to be employed.

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

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

    (j) PEER REVIEW AND SECRETARIAL APPROVAL-

      (1) IN GENERAL- The Secretary shall review, within a reasonable period of time, each State improvement plan prepared under this section, and each application submitted under section 305, through a peer review process involving the assistance and advice of State and local education policymakers, educators, classroom teachers, related services personnel, experts on educational innovation and improvement, parents, advocates, and other appropriate individuals. Such peer review process shall be representative of the diversity of the United States with regard to geography, race, ethnicity, gender and disability characteristics. Such peer review process shall include at least 1 site visit to each State.

      (2) APPROVAL OF PLAN- The Secretary shall approve a State improvement plan if--

        (A) such plan is submitted to the Secretary not later than 2 years after the date the State educational agency receives its first allotment under section 304(b); and

        (B) the Secretary determines, after considering the peer reviewers’ comments, that such plan--

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

          (ii) holds reasonable promise of helping all students.

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

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

        (B) a hearing.

    (k) AMENDMENTS TO PLAN-

      (1) IN GENERAL- Each State educational agency shall periodically review its State improvement plan and revise such plan, as appropriate, in accordance with the process described in subsection (b).

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

    (l) PREEXISTING STATE PLANS AND PANELS-

      (1) IN GENERAL- If a State has developed a comprehensive and systemic State improvement plan to help all students meet challenging standards, or any component of such plan, that meets the intent and purposes of section 302, the Secretary may approve such plan or component notwithstanding that such plan was not developed in accordance with subsection (b), if--

        (A) the Secretary determines that such approval would further the purposes of State systemic education improvement; and

        (B) such plan ensures broad-based input from various education, political, community, and other appropriate representatives.

      (2) SPECIAL RULE- (A) If, before the date of enactment of this Act, a State has made substantial progress in developing a plan that meets the intent and purposes of section 302, but was developed by a panel that does not meet the requirements of paragraphs (1) through (3) of subsection (b), the Secretary may, at the request of the Governor and the State educational agency, treat such panel as meeting such requirements for all purposes of this title if the Secretary determines that there has been substantial public and educator involvement in the development of such plan.

      (B) If a State has not developed a State improvement plan but has an existing panel which such State would like to use for the purpose of developing such plan, then the Secretary may, at the request of the Governor and the State educational agency, treat such panel as meeting the requirements of paragraphs (1) through (3) of subsection (b) for all purposes of this title if--

        (i) the Secretary determines that such existing panel is serving a similar such purpose; and

        (ii) the composition of such existing panel would ensure broad-based input from various education, political, community, and other appropriate representatives.

SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAYMENTS.

    (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) such application 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) in the second through fifth years of participation only if--

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

      (B) the Secretary determines that the State has made substantial progress in developing its State improvement plan and will implement such plan not later than the end of the second year of participation; 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 provide an allotment to the State educational agency in the amount determined under section 304(b).

SEC. 308. STATE USE OF FUNDS.

    (a) FIRST YEAR- In the first year for which a State educational agency receives an allotment under this title, such agency--

      (1) if the amount appropriated pursuant to the authority of section 303 for such year is equal to or greater than $200,000,000, shall use at least 75 percent of such allotted funds to award subgrants--

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

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

      (2) if the amount appropriated pursuant to the authority of section 303 for such year is equal to or greater than $100,000,000, but less than $200,000,000, shall use at least 50 percent of such allotted funds to award subgrants described in subparagraphs (A) and (B) of paragraph (1);

      (3) if the amount appropriated pursuant to the authority of section 303 for such year is less than $100,000,000, may use such allotted funds to award subgrants described in subparagraphs (A) and (B) of paragraph (1); and

      (4) shall use any such allotted funds not used in accordance with paragraphs (1), (2), and (3) to develop, revise, expand, or implement a State improvement plan described in section 306.

    (b) SUCCEEDING YEARS- Each State educational agency that receives an allotment under this title for any year after the first year of participation shall--

      (1) use at least 85 percent of such allotment funds in each such year to make subgrants--

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

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

      (2) shall use the remainder of such allotted funds for State activities designed to implement the State 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 activities assisted--

          (i) through consortia of States; or

          (ii) with the assistance of the National Education Standards and Improvement Council established under part B of title II;

        (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, disabled, and female students, including instructional programs and activities that encourage such students in elementary and secondary schools to aspire to enter and complete postsecondary education or training;

        (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, organizations serving young children, classroom teachers, related services personnel, 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 systemic local improvement plans, implement new assessments or systems of assessments described in the State improvement plan developed in accordance with section 306, and develop curricula consistent with the State’s content and student performance standards;

        (H) promoting mechanisms for increasing public school choice, including information and referral programs which provide parents information on available choices and other initiatives to promote the establishment of innovative new public schools, including magnet schools and charter schools; and

        (I) collecting and analyzing data.

    (c) LIMIT ON ADMINISTRATIVE COSTS- A State educational agency that receives an allotment under this title in any fiscal year shall use not more than 4 percent of such allotment in such year, or $100,000, whichever is greater, for administrative expenses, which administrative expenses shall not include the expenses related to the activities of the panel established under section 306(b)(1).

    (d) SPECIAL RULE- Any new public school established under this title--

      (1) shall be nonsectarian;

      (2) shall not be affiliated with a nonpublic sectarian school or religious institution; and

      (3) shall operate under the authority of a State educational agency or local educational agency.

SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL DEVELOPMENT.

    (a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES-

      (1) IN GENERAL- (A) Each State educational agency, through a competitive process, shall make subgrants to local educational agencies to carry out the authorized activities described in paragraph (4).

      (B) Each subgrant described in subparagraph (A) 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) APPLICATION REQUIRED- Each local educational agency desiring 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 diversity of the students and community to be served with regard to race, language, ethnicity, gender, disability and socioeconomic characteristics, and includes teachers, related services personnel, parents, school administrators, business representatives, early childhood educators, and others, as appropriate, and is approved by the local educational agency, including any modifications the local educational agency deems appropriate;

        (B) includes, in the application submitted for the second year of participation, a comprehensive local improvement plan for school district-wide education improvement, directed at enabling all students to meet the State’s challenging content and student performance standards, including specific goals and benchmarks, 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 and implement 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 local improvement plan described 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 nonprofit agencies to increase the access of students and families to coordinated nonsectarian services in a school setting or at a nearby site;

        (E) describes how the subgrant funds will 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 such agency requests be waived in accordance with section 311, 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) MONITORING- The panel described in paragraph (2)(A), after approval of the local educational agency’s application by the State educational agency, shall be informed of progress on such plan by the local educational agency, and the local educational agency shall monitor the implementation and effectiveness of the local improvement plan in close consultation with teachers, related services personnel, principals, administrators, and parents from schools receiving funds under this title as well as assure that implementation of the local improvement plan does not result in a significant increase in paperwork for teachers. The panel shall review such plan and based on the progress described in the preceding sentence, determine if revisions to the local improvement plan should be recommended to the local educational agency. The panel shall periodically report such determination to the public.

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

        (A) in the first year such agency receives the subgrant shall use--

          (i) not more than 25 percent of the subgrant funds to develop a local improvement plan or for any local educational agency activities approved by the State educational agency that are reasonably related to carrying out the State or local improvement plans; and

          (ii) not less than 75 percent of the subgrant funds to support individual school improvement initiatives related to providing all students in the school the opportunity to meet challenging State content and student performance standards; and

        (B) in subsequent years, use the subgrant 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 percent 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) SUBGRANTS FOR PRESERVICE TEACHER EDUCATION AND PROFESSIONAL DEVELOPMENT ACTIVITIES-

      (1) IN GENERAL- (A) Each State educational agency, through a competitive, peer review process, shall make subgrants to a local educational agency or consortia of local educational agencies, institutions of higher education, private nonprofit organizations, or combinations thereof, in order to--

        (i) improve preservice teacher and related services personnel education programs in accordance with the State improvement plan; and

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

      (B) Each State educational agency awarding subgrants under subparagraph (A) shall give priority to awarding such subgrants to a local educational agency or consortium serving a greater number or percentage of disadvantaged students than the statewide average such number or percentage.

      (C) In order to be eligible to receive a subgrant described in subparagraph (A), a consortium shall include at least 1 local educational agency.

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

        (A) describes how the local educational agency or consortium will use the subgrant to improve teacher preservice and school administrator education programs or to implement educator and related services personnel professional development activities in accordance with the State improvement plan;

        (B) identifies the criteria to be used by the local educational agency or consortium to judge improvements in preservice education or the effects of professional development activities in accordance with the State improvement plan; and

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

      (3) AUTHORIZED ACTIVITIES- 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, related services personnel, principals, and other educators at the school or school district level that equip such individuals with such expertise, and with other knowledge and skills necessary for leading and participating in continuous education improvement.

    (c) SPECIAL AWARD RULES-

      (1) IN GENERAL- (A) Each State educational agency shall award at least 65 percent 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.

      (B) At least 50 percent of the subgrant funds made available by a local educational agency to individual schools under subsection (a) in any fiscal year shall be made available to schools with a special need for 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.

      (2) WAIVER- The State educational agency may waive the requirement of paragraph (1)(A) if such agency does not receive a sufficient number of applications from local educational agencies in the State to enable the State educational agency to comply with such requirement.

SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.

    Proportionate to the number of children in a State or in a local educational agency who are enrolled in private elementary or secondary schools--

      (1) a State educational agency or local educational agency which uses funds under this title to develop goals, content standards, curricular materials, and assessments or systems of assessments shall, upon request, make information related to such goals, standards, materials, and assessments or systems available to private schools; and

      (2) a State educational agency or local educational agency which uses funds under this title for teacher and administrator training shall provide in the State improvement plan described in section 306 for the training of teachers and administrators in private schools located in the geographical area served by such agency.

SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    (a) WAIVER AUTHORITY-

      (1) IN GENERAL- Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement applicable to any program or Act described in subsection (b) for a State educational agency, local educational agency, or school, upon application of a State educational agency requesting such a waiver if--

        (A) 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 improvement plan;

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

        (C) 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; and

        (D) in the case of a local educational agency waiver, the local educational agency provides parents, community groups, and advocacy or civil rights groups with the opportunity to comment on the proposed waiver.

      (2) TIMELINESS- The Secretary shall act promptly on any request for a waiver under this section.

      (3) DURATION-

        (A) IN GENERAL- Each waiver under this section may be for a period not to exceed 5 years.

        (B) EXTENSION- The Secretary may extend the period described in subparagraph (A) 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 statutory or regulatory requirements subject to the waiver authority of this section are any such requirements under the following programs or Acts:

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

      (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.

      (4) The Emergency Immigrant Education Act of 1984.

      (5) The Drug-Free Schools and Communities Act of 1986.

      (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 or Acts described in subsection (b)--

      (1) relating to--

        (A) maintenance of effort;

        (B) comparability of services;

        (C) the equitable participation of students and professional staff in private schools;

        (D) parental participation and involvement; and

        (E) the distribution of funds to States or to local educational agencies; and

      (2) unless the underlying purposes of each program or Act for which a waiver is granted continue to be met to the satisfaction of the Secretary.

    (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 the Secretary 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.

SEC. 312. PROGRESS REPORTS.

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

      (1) on the State’s progress in meeting the State’s 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 2 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--

      (1) grants under paragraph (2) of section 313(b), including--

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

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

      (2) allotments under this title, including a description of the effect of waivers granted under section 311.

SEC. 313. NATIONAL LEADERSHIP.

    (a) TECHNICAL ASSISTANCE AND INTEGRATION OF STANDARDS- From funds reserved in each fiscal 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; or

      (2) support model projects to integrate multiple voluntary national content standards, if--

        (A) such standards are certified by the National Education Standards and Improvement Council and approved by the National Goals Panel for different subject areas, in order to provide balanced and coherent instructional programs for all students; and

        (B) such projects are appropriate for a wide range of diverse circumstances, localities (including both urban and rural communities), and populations.

    (b) INNOVATIVE PROGRAMS; ASSESSMENT; EVALUATION- From funds reserved in each fiscal year under section 304(a)(2)(A), the Secretary, directly or through grants or contracts shall reserve not more than 50 percent of such funds--

      (1) to provide urban and rural local educational agencies, schools, or consortia thereof, with assistance for innovative or experimental programs in systemic education reform that are not being undertaken through grants provided under section 309(a), giving special consideration or priority to local educational agencies, schools, or consortia thereof that serve large numbers or concentrations of economically disadvantaged students, including students of limited-English proficiency; or

      (2) to provide a State or local educational agency, nonprofit organization or consortium thereof with assistance to help defray the cost of developing, field testing and evaluating an assessment or system of assessments with a priority on grants for limited-English proficiency students or students with disabilities, if--

        (A) such assessment or system--

          (i) is to be used for some or all of the purposes described in section 213(e)(1)(B); and

          (ii) is aligned to State content standards certified by the National Education Standards and Improvement Council; and

        (B) such agency, organization or consortium--

          (i) examines the validity, reliability, and fairness of such assessment or system, for the particular purposes for which such assessment or system was developed; and

          (ii) devotes special attention to how such assessment or system treats all students, especially with regard to the race, gender, ethnicity, disability and language proficiency of such students.

    (c) DATA AND DISSEMINATION- The Secretary shall--

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

      (2) disseminate research findings and other information on outstanding examples of systemic education improvement in States and local communities through existing dissemination systems within the Department of Education, including through publications, electronic and telecommunications mediums, conferences, and other means.

SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE INTERIOR.

    (a) OUTLYING AREAS-

      (1) IN GENERAL- Funds reserved for the outlying areas in each fiscal year 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) INAPPLICABILITY OF PUBLIC LAW 95-134- 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.

SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND ASSESSMENTS.

    Notwithstanding any other provision of this title, standards, assessments, and systems of assessments described in a State improvement plan submitted in accordance with section 306 shall not be required to be certified by the Council.

TITLE IV--SCHOOLS

SEC. 401. PUBLIC SCHOOLS.

    Except as provided in section 310, nothing in this Act shall be construed to authorize the use of funds under title III of this Act to directly or indirectly benefit any school other than a public school.

TITLE V--NATIONAL SKILL STANDARDS BOARD

SEC. 501. SHORT TITLE.

    This title may be cited as the ‘National Skill Standards Act of 1993’.

SEC. 502. PURPOSE.

    It is the purpose of this title to establish a National Board to serve as a catalyst in stimulating the development and adoption of a voluntary national system of skill standards and of assessment and certification--

      (1) that will serve as a cornerstone of the national strategy to enhance work force skills;

      (2) that will result in increased productivity, economic growth, and American economic competitiveness; and

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

        (A) by the Nation, to ensure the development of a high skills, high quality, high performance work force, including the most skilled front-line work force in the world;

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

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

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

        (E) by workers, to--

          (i) obtain certifications of their skills to protect against dislocation;

          (ii) pursue career advancement; and

          (iii) enhance their ability to reenter the work force;

        (F) by students and entry level workers, to determine the skill levels and competencies needed to be obtained in order to compete effectively for high wage jobs;

        (G) by training providers and educators, to determine appropriate training services to be offered by the providers and educators;

        (H) by Government, to evaluate whether publicly funded training assists participants to meet skill standards where such standards exist and thereby protect the integrity of public expenditures; and

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

SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.

    (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 (3)), of whom--

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

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

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

        (D) one member shall be the Chairperson of the National Education Standards and Improvement Council established pursuant to section 212(a);

        (E) eight members shall be representatives of business (including representatives of small employers and representatives of large employers) selected from among individuals recommended by recognized national business organizations or trade associations;

        (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--

          (i) educational institutions;

          (ii) community-based organizations;

          (iii) State and local governments; or

          (iv) nongovernmental organizations with a demonstrated history of successfully protecting the rights of racial, ethnic, or religious minorities, women, persons with disabilities, or older persons,

        with at least 1 member from each group described in clauses (i) through (iv).

      (2) SPECIAL REQUIREMENTS- The members described in subparagraph (G) of paragraph (1) shall have expertise in the area of education and training. The members described in subparagraphs (E), (F), and (G) of paragraph (1) shall, in the aggregate, represent a broad cross-section of occupations and industries.

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

        (A) Twelve members (four from each class of members described in subparagraphs (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. Of the members so appointed, three members (one from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be selected from recommendations made by the Majority Leader of the House of Representatives and three members (one from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be selected from recommendations made by the Minority Leader of the House of Representatives.

        (C) Six members (two from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be appointed by the President pro tempore of the Senate. Of the members so appointed, three members (one from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be selected from recommendations made by the Majority Leader of the Senate and three members (one from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be selected from recommendations made by the Minority Leader of the Senate.

      (4) TERM- Each member of the National Board appointed under subparagraph (E), (F), or (G) of paragraph (1) shall be appointed for a term of 4 years, except that of the initial members of the Board appointed under such paragraph--

        (A) twelve members shall be appointed for a term of 3 years (four from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)), of whom--

          (i) two from each such class shall be appointed in accordance with paragraph (3)(A);

          (ii) one from each such class shall be appointed in accordance with paragraph (3)(B); and

          (iii) one from each such class shall be appointed in accordance with paragraph (3)(C); and

        (B) twelve members shall be appointed for a term of 4 years (four from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)), of whom--

          (i) two from each such class shall be appointed in accordance with paragraph (3)(A);

          (ii) one from each such class shall be appointed in accordance with paragraph (3)(B); and

          (iii) one from each such class shall be appointed in accordance with paragraph (3)(C).

      (5) VACANCIES- Any vacancy in the National Board shall not affect its powers, but shall be filled in the same manner as the original appointment.

    (c) Chairperson and Vice Chairpersons-

      (1) CHAIRPERSON- The National Board shall, by majority vote, elect a Chairperson once every 2 years from among the members of the National Board.

      (2) VICE CHAIRPERSONS- The National Board shall, by majority vote, annually elect 3 Vice Chairpersons (each representing a different class of the classes of members described in subparagraphs (E), (F), and (G) of subsection (b)(1) and each of whom shall serve for a term of 1 year) from among its members appointed under subsection (b)(3).

    (d) COMPENSATION AND EXPENSES-

      (1) COMPENSATION- Members of the National Board who are not full-time employees or officers of the Federal Government shall serve without compensation.

      (2) EXPENSES- The members of the National Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57, title 5, United States Code, while away from their homes or regular places of business in the performance of services for the National Board.

    (e) EXECUTIVE DIRECTOR AND STAFF-

      (1) EXECUTIVE DIRECTOR- The Chairperson of the National Board shall appoint an Executive Director who shall be compensated at a rate determined by the National Board not to exceed the rate of pay for level V of the Executive Schedule under section 5316 of title 5, United States Code.

      (2) STAFF- The Executive Director may appoint and compensate such additional staff as may be necessary to enable the Board to perform its duties. The Executive Director may fix the compensation of the staff without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the staff may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

    (f) GIFTS- The National Board is authorized, in carrying out this title, to accept 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 Federal agency of the United States may detail to the National Board, on a reimbursable basis, any of the personnel of such Federal agency to assist the National Board in carrying out this title. Such detail shall be without interruption or loss of civil service status or privilege.

    (h) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the National Board may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code.

    (i) TERMINATION OF THE COMMISSION- Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the termination of the National Board.

SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.

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

    (b) ENDORSEMENT OF SKILL STANDARDS SYSTEMS-

      (1) IN GENERAL- The National Board, after public review and comment, shall endorse skill standards systems relating to the occupational clusters identified pursuant to subsection (a) that--

        (A) meet the requirements of paragraph (2);

        (B) are submitted by entities that meet the requirements of subsection (c); and

        (C) meet additional objective criteria that are published by the National Board.

      (2) COMPONENTS OF SYSTEM- The skill standards systems endorsed pursuant to paragraph (1) shall have one or more of the following components:

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

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

          (ii) take into account content and performance standards certified pursuant to section 213;

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

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

          (v) 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

          (vi) are not discriminatory with respect to race, color, religion, sex, national origin, ethnicity, age, or disability.

        (B) A voluntary system of assessment and certification of the attainment of skill standards developed pursuant to subparagraph (A), which at a minimum--

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

          (ii) utilizes a variety of evaluation techniques, including, where appropriate, oral and written evaluations, portfolio assessments, and performance tests; and

          (iii) includes methods for establishing the validity and reliability of the assessment and certification system for the intended purposes of the system.

        (C) A system to disseminate information relating to the skill standards, and the assessment and certification systems, developed pursuant to this paragraph (including dissemination of information relating to civil rights laws relevant to the use of such standards and systems) to, and to promote use of such standards and systems by, entities such as institutions of higher education offering professional and technical education, labor organizations, trade and technical associations, and employers providing formalized training, and other organizations likely to benefit from such standards and systems.

        (D) A system to evaluate the implementation and effectiveness of the skill standards, the assessment and certification systems, and the information dissemination systems, developed pursuant to this paragraph.

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

    (c) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS TO DEVELOP STANDARDS-

      (1) IN GENERAL- For each of the occupational clusters identified pursuant to subsection (a), the National Board shall encourage and facilitate the establishment of voluntary partnerships to develop a skill standards system in accordance with subsection (b).

      (2) REPRESENTATIVES- Such voluntary partnerships shall include the full and balanced participation of--

        (A)(i) representatives of business (including representatives of large employers and representatives of small employers) who have expertise in the area of work force skill requirements, and who are recommended by national business organizations or trade associations representing employers in the occupation or industry for which a standard is being developed; and

        (ii) representatives of trade associations that have received grants from the Department of Labor or the Department of Education to establish skill standards prior to the date of enactment of this title;

        (B) employee representatives who--

          (i) have expertise in the area of work force skill requirements; and

          (ii) 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 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--

          (i) educational institutions;

          (ii) technical associations;

          (iii) community-based organizations;

          (iv) State and local agencies with administrative control or direction over education or over employment and training;

          (v) other policy development organizations with expertise in the area of work force skill requirements; or

          (vi) nongovernmental organizations with a demonstrated history of successfully protecting the rights of racial, ethnic, or religious minorities, women, persons with disabilities, or older persons.

      (3) EXPERTS- The partnerships described in paragraph (2) may also include other individuals who are independent, qualified experts in their fields.

    (d) LIMITATIONS-

      (1) RELATIONSHIP WITH APPRENTICESHIP STANDARDS IN CONSTRUCTION INDUSTRY- The National Board may not carry out the requirements of subsection (b) or (c) 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.

      (2) RELATIONSHIP WITH CIVIL RIGHTS LAWS-

        (A) IN GENERAL- Nothing in this title shall be construed to modify or affect any Federal or State law prohibiting discrimination on the basis of race, color, religion, sex, national origin, ethnicity, age, or disability.

        (B) EVIDENCE- The endorsement by the Board of a skill standard, or assessment and certification system, under subsection (b) may not be used in any action or proceeding to establish that the skill standard or assessment and certification system conforms to the requirements of civil rights laws.

    (e) 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 section with the development of content and performance standards in accordance with section 213.

    (f) ADDITIONAL DUTIES- In order to support the activities described in subsections (b) and (c), the National Board shall--

      (1) conduct work force research relating to skill standards and make the results of such research available to the public, including the partnerships 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), and among education and training providers;

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

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

      (6) provide appropriate technical assistance to individuals, and entities, involved in the development of standards and systems described in subsection (b); and

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

    (g) FINANCIAL ASSISTANCE-

      (1) IN GENERAL- From funds appropriated pursuant to section 507, the Secretary of Labor may award grants (including grants to voluntary partnerships in accordance with paragraph (2)), and enter into contracts and cooperative arrangements, that are requested by the National Board for the purposes of carrying out this title.

      (2) GRANT PROGRAMS FOR VOLUNTARY PARTNERSHIPS-

        (A) ELIGIBILITY AND APPLICATION- Voluntary partnerships that meet the requirements of subsection (c) shall be eligible to apply for a grant under this subsection. Each such voluntary partnership desiring a grant shall submit an application to the National Board at such time, in such manner, and accompanied by such information as the National Board may reasonably require.

        (B) APPROVAL CRITERIA- Prior to each of the fiscal years 1994 through 1998, the National Board shall publish objective criteria for the approval of grant applications submitted pursuant to subparagraph (A).

      (3) LIMITATION ON USE OF FUNDS-

        (A) IN GENERAL- Not more than 20 percent of the funds appropriated under section 507(a) for each fiscal year shall be used by the National Board for the costs of administration.

        (B) DEFINITION- For purposes of this paragraph, the term ‘costs of administration’ means costs relating to staff, supplies, equipment, space, and travel and per diem, costs of conducting meetings and conferences, and other related costs.

SEC. 505. DEADLINES.

    Not later than December 31, 1996, the National Board shall--

      (1) identify occupational clusters pursuant to section 504(a) representing a substantial portion of the work force; and

      (2) promote the development of an initial set of skill standards in accordance with section 504(b) for such clusters.

SEC. 506. REPORTS.

    The National Board shall prepare and submit to the President and the Congress in each of the fiscal years 1994 through 1998, a report on the activities conducted under this title. Such report shall include information on the extent to which skill standards have been adopted by employers, training providers, and other entities, and on the effectiveness of such standards in accomplishing the purposes described in section 502.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- There are authorized to be appropriated to carry out this title $15,000,000 for fiscal year 1994 and such sums as may be necessary for each of fiscal years 1995 through 1998.

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

SEC. 508. DEFINITIONS.

    As used in this title:

      (1) COMMUNITY-BASED ORGANIZATIONS- The term ‘community-based organizations’ has the meaning given the term in section 4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)).

      (2) EDUCATIONAL INSTITUTION- The term ‘educational institution’ means a high school, a vocational school, and an institution of higher education.

      (3) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).

      (4) SKILL STANDARD- The term ‘skill standard’ means the level of knowledge and competence required to successfully perform work-related functions within an occupational cluster.

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