H.R.5 - Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988100th Congress (1987-1988)
|Sponsor:||Rep. Hawkins, Augustus F. [D-CA-29] (Introduced 01/06/1987)|
|Committees:||House - Education and Labor | Senate - Labor and Human Resources|
|Committee Reports:||H.Rept 100-95; H.Rept 100-567|
|Latest Action:||04/28/1988 Became Public Law No: 100-297. (All Actions)|
|Roll Call Votes:||There have been 5 roll call votes|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.5 — 100th Congress (1987-1988)All Information (Except Text)
(House receded and concurred in Senate amendment with amendment)
House receded and concurred with amendment (04/19/1988)
Augustus F. Hawkins - Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 - Title I: Elementary and Secondary Education Program Authorized - Amends the Elementary and Secondary Education Act of 1965 (the Act, for purposes of this title) to revise the entire Act (except title X, General Provisions, which is redesignated as title VIII).
Sets forth title I provisions for Basic Programs under the Act.
Sets forth title I chapter 1 compensatory education provisions for Financial Assistance to Meet Special Educational Needs of Children. (Revises such provisions under the Act and repeals corresponding provisions under chapter 1 of the Education Consolidation and Improvement Act of 1981.)
Declares it to be the policy of the United States to expand the Chapter 1 program by increases in funding over the next five years with the intent of serving all eligible children by FY 1993.
Sets forth part A provisions for Basic Programs Operated by Local Educational Agencies.
Set forth subpart 1 provisions for allocations of: (1) basic grants; and (2) additional grants for local educational agencies (LEAs) in counties with especially high concentrations of children from low-income families (special concentration grants).
Reserves one percent of basic grant funds for grants to U.S. territories and to the Secretary of the Interior for schools for Indian children run by the Bureau of Indian Affairs.
Sets forth formulas for grants to local educational agencies (LEAs) and to Puerto Rico. Sets forth special allocation procedures. Requires at least ten children in the school district or county for a LEA to qualify for a basic grant.
Bases the number of children to be counted for purposes of such basic grants on the number of children aged five to 17, inclusive, in the school district of the LEA who are: (1) from families below the poverty level; (2) from families above the poverty level which receive aid to families with dependent children (AFDC); or (3) living in non-Federal institutions for neglected or delinquent children or being supported in foster homes with public funds. Sets forth requirements relating to determination of such numbers.
Provides for the basic grant program for Indian children. Directs the Secretary of Interior to use specified funds for payments to LEAs for out-of-State Indian children.
Sets forth formulas for a minimum required allotment to each State of basic grant funds for its LEAs.
Directs the Secretary of Education (the Secretary) to make basic grant entitlement payments to State educational agencies (SEAs) during FY 1989 through 1993.
Sets forth provisions for eligibility for and amount of additional special concentration grants. Provides for additional ("special" or "concentration") grants under the basic grant program to LEAs in counties with especially high concentrations of children from low-income families. Bases eligibility for such an additional grant on the number of children counted for basic grant purposes exceeding 6,500 or 15 percent of the total number of children. Sets forth formulas for determining the amount of such a grant. Reserves specified amounts for such additional grants.
Sets forth subpart 2 basic program requirements.
Allows LEAs to use Part A funds only for programs and projects: (1) designed to meet the special educational needs of educationally deprived children identified in accordance with specified provisions; and (2) included in an application for assistance approved by the State educational agency (SEA). Sets forth the types of programs and projects for which such funds may be used. Allows LEAs, subject to SEA approval, to use up to five percent of such funds for certain types of innovation projects.
Sets forth requirements for SEA and LEA assurances under the Chapter 1 program and for LEA applications for Chapter 1 grants.
Allows LEAs to use Chapter 1 funds in school attendance areas having high concentrations of children from low-income families (eligible school areas). Requires an LEA, where Chapter 1 funds are insufficient to provide programs for all educationally deprived children in eligible school areas, to rank and serve such areas according to relative degrees of concentration of children from low-income families. Grants LEAs some discretion in choosing the manner in which such areas shall be designated and served. Sets forth provisions for LEA allocation of part A funds.
Sets forth requirements for eligible children under Chapter 1. Requires LEAs to use Chapter 1 funds for educationally deprived children, identified as having the greatest need for special assistance, in eligible school areas. Provides that such children may be between the earliest age at which they can benefit from an organized instructional program through grade 12 or age 21. Requires yearly assessments of educational need. Grants LEAs discretion to continue to serve eligible children who transfer to ineligible schools for the remainder of a school year, or previously eligible children who are still educationally deprived, for up to two years after they are no longer among the most educationally deprived. Allows LEAs to skip children who are provided services comparable to Chapter 1 with non-Federal funds. Requires that handicapped or limited-English proficient children be eligible to be served under Chapter 1 for educational deprivation not solely related to such conditions. Makes eligible for Chapter 1 programs children served during either of the previous two years under specified programs for neglected and delinquent children.
Sets forth provisions for part A funding of schoolwide projects at schools where at least 75 percent of the children residing in the school attendance area or enrolled at the school are from low-income families. Sets forth requirements for designation of such schools, approval of plans, operation of projects, use of funds, and accountability.
Sets forth requirements for parental involvement in Chapter 1 program planning and implementation.
Sets forth requirements for Chapter 1 program participation by children enrolled in private schools.
Sets forth fiscal requirements for Chapter 1 programs. Sets forth maintenance of effort requirements. Requires that Federal funds supplement, not supplant, regular non-Federal funds. Permits a local educational agency to receive funds under this chapter only if State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving such funds. Permits exclusion of certain special State and local program funds for purposes of such requirements.
Requires local evaluations of part A programs and State evaluations of chapter 1 programs.
Sets forth requirements for State educational program improvement plans.
Sets forth program improvements requirements. Requires LEAs to review annually the program's effectiveness in improving student performance. Permits LEAs to apply to SEAs for certain discretionary program improvement assistance funds. Requires LEAs to develop and implement school program improvement plans with respect to schools where the aggregate achievement of Chapter 1 children shows inadequate improvement or a decline. Provides for State assistance with such plans. Requires that local conditions be taken into account. Requires LEAs to identify Chapter 1 students who have shown no improvement or a decline, and to assess their needs and consider program modifications. Requires LEAs and SEAs to use regional technical assistance centers' resources for such program and student improvement activities. Requires SEAs to take appropriate corrective actions where LEAs fail to provide effective compensatory educational services or meet other Chapter 1 requirements.
Sets forth chapter 1 part B provisions for Even Start programs operated by LEAs. Provides for Even Start grants to integrate early childhood education and adult education for parents.
Directs the Secretary, when appropriations for Even Start programs do not equal or exceed a specified amount, to make grants to LEAs or LEA consortia to carry out such programs. Directs the Secretary, when such appropriations equal or exceed such amount, to make grants to States from specified allocations to carry out such programs.
Provides, within specified limits, that such grants shall be allocated to each State in the same proportion as grants are allocated under part A. Reserves a specified amount for migrant programs.
Provides that funds made available to local educational agencies under this part shall be used to provide family-centered education programs to help parents become full partners in the education of their children and to assist children in reaching their full potential as learners. Sets forth program elements. Provides that funds under this part may be used for not more than 90 percent of the total cost of the program in the first year of funding, 80 percent in the second year, 70 percent in the third year, and 60 percent in the fourth and any subsequent year. Provides that additional funds may be obtained from any available source other than title I Basic Program funds.
Makes eligible for participation in this program families that include: (1) a parent who is eligible for participation in an adult basic education program under the Adult Education Act; and (2) a child aged one to seven, inclusive, who resides in a school attendance area designated for participation in part A programs.
Set forth local application requirements.
Requires the Secretary or each SEA to appoint a review panel that will award grants on the basis of proposals which meet specified criteria. Provides that grants may be awarded for up to four years.
Requires the Secretary to: (1) provide for the annual independent evaluation of programs under this part; and (2) submit to the Congress a review and summary of the results of such evaluations by September 30, 1993. Requires the annual evaluations to be submitted to the National Diffusion Network for possible dissemination.
Authorizes appropriations for FY 1989 through 1993 for such part B Even Start programs.
Sets forth part C provisions for Secondary School Programs for Basic Skills Improvement and Dropout Prevention and Reentry.
Provides for additional assistance to LEAs with high concentrations of low-income children for secondary school basic skills improvement and dropout prevention programs.
Reserves a specified amount for such programs serving migrant children. Provides for programs for migrant children conducted through the Office of Migrant Education.
Provides for allocation of program funds to States for allocation to LEAs.
Sets forth: (1) authorized uses of program funds for secondary school basic skills and for dropout prevention and reentry projects; (2) program application requirements; (3) criteria for SEA award of such grants to LEAs, based on need, representativeness, innovation, and promising approaches; (4) fiscal requirements and coordination provisions; and (5) requirements for evaluations and program imrprovement.
Authorizes appropriations for FY 1990 through 1993 to carry out this part.
Sets forth part D provisions for programs operated by State agencies.
Sets forth part D subpart 1 provisions for programs for migratory children. Entitles an SEA or combination of SEAs to a grant to establish or improve, directly or through LEAs, educational programs for migratory children of migratory agricultural (including dairy) workers or migratory fishermen. Sets forth formulas for determining the amount of such a grant.
Sets forth program requirements. Authorizes the Secretary to arrange with other public or nonprofit private agencies to carry out such programs where a State is unable or unwilling to do so.
Authorizes the Secretary to make grants to SEAs to improve interstate and intrastate coordination among SEAs and LEAs of educational programs for migratory students. Authorizes the Secretary to contract with SEAs to operate a system for transfer of migrant student records among SEAs and LEAs. Requires that grants to contracts be made to SEAs for a national program of credit exchange and accrual for migrant students. Reserves a portion of program funds for such coordination activities.
Sets forth part D subpart 2 provisions for programs for handicapped children. Makes SEAs eligible for grants for programs for handicapped children.
Sets forth application requirements.
Sets forth formulas for determining the amount of such a grant, based on the number of handicapped children, aged from birth through age 21, served by State programs for the handicapped and based on the State average per pupil expenditure (within certain limits based on the national average). Permits counting of children transferring from State to local programs only if a proportionate amount of the grant is transferred to LEAs. Permits counting of handicapped children aged three to five only if the State is eligible for a specified grant under the Education of the Handicapped Act.
Sets forth program requirements grant application requirements for SEAs and LEAs, and the authorized uses of program funds.
Defines children eligible for services under this subpart.
Sets forth a Federal monitoring requirement.
Sets forth part D subpart 3 provisions for programs for neglected and delinquent children. Entitles a State agency responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions to grants for use for such children.
Sets forth formulas for determining the amount of such a grant based on the number of such children and on the State average per pupil expenditure (within limits based on the national average).
Sets forth program requirements. Requires that program payments be used to support educational services supplemental to the basic education of such children. Sets forth evaluation requirments.
Allows reservation of a portion of program funds for transition services
Sets forth part D subpart 4 general provisions for State operated programs. Reserves up to one percent of funds for subparts 1, 2, and 3 for payments to U.S. territories. Provides that neglected and delinquent children who are also handicapped may be served under both subparts 2 and 3.
Sets forth part E payment provisions. Sets forth methods for payment of Chapter 1 funds by the Secretary to the States. Requires SEAs to distribute Chapter 1 grant amounts to eligible LEAs with approved applications. Provides for allocation adjustments where necessitated by appropriations. Provides for payments for State administrative costs under Chapter 1. Authorizes the Secretary to pay States and territories specified amounts to carry out school program improvement plans. Limits the amount of the Chapter 1 grant to Puerto Rico.
Sets forth part F general provisions.
Sets forth subpart 1 Federal administration provisions. Authorizes the Secretary to issue regulations for Chapter 1 programs. Requires negotiated rulemaking. Prohibits requiring Chapter 1 programs to follow any one instructions model.
Sets forth provisions relating to the availability of Chapter 1 appropriations.
Sets forth requirements relating to the withholding of Chapter 1 payments and judicial review of such withholding.
Directs the Secretary to develop national standards for local evaluation of Chapter 1 programs. Directs the Secretary to report biennially to the appropriation congressional committees on State and local evaluation results.
Provides for: (1) coordination of Federal, state, and local administration of Chapter 1 programs; (2) a policy manual relating to such programs; (3) technical assistance; (4) Federal dissemination of exemplary programs; (5) Federal review of State and local administration; and (6) response to inquiries.
Authorizes appropriations for FY 1989 through 1993 for Federal evaluation, coordination, technical assistance, research activities, and authorized studies under Chapter 1.
Sets forth provisions relating to the application of specified provisions of the General Education Act to Chapter 1 programs.
Establishes the National Commission on Migrant Education to study issues related to the education on migrant children. Requires a report to the President and the Congress as soon as practicable.
Directs the Commission to study the Migrant Student Records Transfer System and to report on such study to the Secretary and the Congress within two years after its first meeting. Terminates the Commission three years after its first meeting.
Sets forth subpart 2 provisions for State administration. Sets forth provisions for State regulations relating to Chapter 1 programs. Requires a State committee of Practitioners to review such regulations.
Sets forth recordkeeping and information requirements for SEAs under Chapter 1.
Sets forth requirements relating to the assignment of personnel under Chapter 1 programs.
Prohibits States from taking Chapter 1 payments into consideration in determining the eligibility of any LEA for State aid, or the amount of such aid.
Sets forth subpart 3 provisions for rural educational opportunities. Directs the Secretary to make grants and contracts to specified types of institutions, agencies, and organizations to pay all or part of the cost of operating at least ten rural assistance programs. Requires such programs to provide technical and other assistance, to SEAs and LEAs in the region to improve education for educationally disadvantaged children participating in Chapter 1 programs and residing in rural areas or attending small schools. Requires such programs to give special consideration to, and report on, problems related to districts with declining enrollments and ways in which they can combine management to provide effective programs. Sets forth application priority requirements, and coordination and dissemination requirements. Requires such programs to report biennially to the Secretary. Authorizes appropriations for FY 1989 through 1993 for such programs.
Sets forth subpart 4 provisions for studies.
Directs the Secretary to report biennially to the appropriate congressional committees on state and local evaluations of specified Chapter 1 programs.
Requires a national study on the effect of Chapter 1 programs on participating children. Directs the Secretary to contract with a qualified origanization to conduct such a national longitudinal study assessing program impact on such children until they are 18 years old. Sets forth study considerations and scope. Requires follow-up evaluation, with periodic updates, of a representative group of such children until age 25. Requires an interim and a final report on such study to be submitted to the appropriate congressional committees by January 1, 1993, and January 1, 1997.
Authorizes appropriations for FY 1989 through 1993 for the report on State and local evaluations and for the national longitudinal study on the effect of Chapter 1 programs.
Sets forth subpart 5 definitions and subpart 6 miscellaneous provisions.
Sets forth further amendments to ESEA for Chapter 2 programs for Federal, State, and local partnerships for educational improvement (revising and transferring such programs from Chapter 2 of ECIA).
Gives SEAs the basic responsibility for Chapter 2 fund administration. Expresses the intent of the Congress: (1) that such responsibility be carried out with a minimum of paperwork; and (2) that responsibility for the design and implementation of Chapter 2 programs be mainly that of LEAs, school superintendents and principals, and classroom teachers and supporting personnel.
Authorizes appropriations for FY 1989 through 1993 for such Chapter 2 programs. Directs the Secretary to make payments to SEAs for those programs during such period.
Sets forth Chapter 2 part A (State and local programs and subpart 1 general provisions).
Directs the Secretary to reserve from Chapter 2 appropriations up to: (1) one percent for U.S. territories; and (2) six percent for part B national programs and activities. Directs the Secretary to allot the remainder of such Chapter 2 funds to States on the basis of school-age population.
Sets forth requirements for allocation of Chapter 2 funds to LEAs. Requires SEAs to distribute at least 80 percent of the State allotment to LEAs on the basis of relative enrollments in public and private, nonprofit schools within LEA school districts, adjusted to provide higher per pupil allocations to LEAs with the greatest numbers or percentages of children whose education imposes a higher than average cost per child (such as children from low-income families, or living in economically depressed urban and rural areas, or in sparsely populated areas). Sets forth provisions for calculation of enrollments, approval of adjustment criteria, and distribution amounts.
Sets forth subpart 2 provisions for State programs. Limits to 25 percent the portion of such funds which may be used for State administration. Requires that at least 20 percent of such funds be used for effective schools programs, but authorizes the Secretary to waive such requirement if State spending from non-Federal sources is twice as much as the State is required to use for such programs. Sets forth State application requirements.
Sets forth subpart 3 provisions for local targeted assistance programs. Requires SEAs and LEAs to use Chapter 2 funds only for described targeted assistance programs.
Lists targeted assistance programs, among others, as programs for: (1) meeting special educational needs of at-risk or high-cost students; (2) enhancing student achievement and personal excellence, including instruction in ethics, performing and creative arts, humanities, physical fitness, and health, and participation in community service projects; and (3) other innovative projects, including programs for gifted and talented students, technology education, early childhood education, and community education for youth suicide prevention.
Sets forth the application requirements for any LEA which desires to receive an allocation from an SEA of funds under this Chapter. Grants the LEA complete discretion in determining how funds for local programs shall be divided among the authorized purposes of this subpart.
Sets forth subpart 4 provisions for effective schools programs. Makes funds available under this chapter for various effective schools programs. Defines "effective schools programs" as school-based programs that have the objectives of: (1) promoting school-level planning, instructional improvement, and staff development; (2) increasing the academic achievements of children; and (3) achieving specified conditions in the school which stress the achievement of instructional goals and a safe and orderly school environment.
Sets forth Chapter 2 part B provisions for national programs and activities.
Authorizes the Secretary to carry out programs and activities under part B with specified reserved funds. Requires the Secretary to make available specified minimum amounts for: (1) National Diffusion Network activities; (2) the Inexpensive Book Distribution program; (3) the Arts in Education program; (4) the Law-Related Education program; and (5) the Blue Ribbon Schools program.
Sets forth National Diffusion Network activities. Requires the Network to promote: (1) exemplary educational programs, products, and practices to interested elementary, secondary, and postsecondary institutions; and (2) use of the knowledge, talents, and services of local staff associated with various educational excellence recognition efforts. Requires that the Network be designed to improve educational quality through implementation of promising and validate innovations and improvements in educational programs, products, and practices, and through training, consultation, and related assistance services. Sets forth the Secretary's responsibilities in carrying out Network activities. Lists eligible recipients of grants and contracts for such activities. Sets forth funding criteria.
Sets forth the Inexpensive Book Distribution Program for Reading Motivation. Authorizes the Secretary to: (1) enter into a contract with Reading is Fundamental (RIF) to promote the establishment of reading motivation programs which include distribution of inexpensive books to students; and (2) pay the Federal share of the cost of such programs. Sets forth contract requirements, including a restriction on Federal payments to the contractor and subcontractor (requiring their obtaining favorable book discounts). Makes the Federal share 75 percent of the cost of books (or 100 percent if they are distributed to children of migrant or seasonal farmworkers).
Sets forth the Arts in Education Program. Directs the Secretary to carry out a grants and contracts program to assist SEAs, LEAs, and other public and private entities to conduct programs in which the arts are an integral part of elementary and secondary school curricula. Includes among these: (1) programs with public and private cultural entities, including museums, libraries, and theaters; (2) model projects and programs in performing arts for children and youth, developed through arrangements with the John F. Kennedy Center for the Performing Arts; and (3) model programs and projects in the arts for individuals with handicaps, developed through arrangements with the Very Special Arts organization.
Sets forth the Law-Related Education Programs. Directs the Secretary to carry out a grants and contracts program to encourage SEAs, LEAs, and other public and private nonprofit entities to provide law-related education programs to equip nonlawyers with knowledge and skills pertaining to the law, the legal process, the legal system, and the fundamental principles and values on which they are based. Sets forth authorized activities under such program.
Sets forth the Blue Ribbon Schools Program. Authorizes the Secretary to carry out programs to recognize elementary and secondary schools (or programs) as Blue Ribbon Schools which have established standards of excellence and demonstrated a high level of quality. Directs the Secretary to designate categories for such program. Sets forth the selection process and administrative provisions.
Sets forth Chapter 2 part C general administrative provisions.
Sets forth maintenance of effort requirements. Requires that Federal Chapter 2 funds be supplementary.
Provides for participation in Chapter 2 programs by children enrolled in private schools.
Sets forth requirements for LEA and SEA evaluation of and reporting on Chapter 2 programs. Directs the Secretary to report on such evaluations to the Congress by October 1992.
Sets forth Federal administration provisions. Directs the Secretary to provide technical assistance to SEAs and LEAs and to issue necessary regulations under Chapter 2. Sets forth provisions relating to the availability of Chapter 2 appropriations.
Applies certain provisions for withholding of payments and judicial review to Chapter 2 programs.
Makes the General Education Provisions Act, with specified exceptions, applicable to Chapter 2 programs.
Sets forth further amendments of ESEA by revising and renaming title II as Critical Skills Improvement.
Sets forth the ESEA title II part A Dwight D. Eisenhower Mathematics and Science Education Act.
Dwight D. Eisenhower Mathematics and Science Education Act - Authorizes the Secretary to make part A grants to States and discretionary grants for strengthening the skills of teachers and improving instruction in mathematics and science in elementary and secondary schools.
Authorizes appropriations for part A for FY 1989 through 1993.
Sets forth formulas for part A allocation of funds.
Provides for an in-State apportionment of such State allotments as follows: (1) 75 percent to elementary and secondary education programs; and (2) 25 percent to higher education programs. Requires SEAs to distribute elementary and secondary education program funds to LEAs on the basis of relative enrollments and of numbers of poor and AFDC children.
Sets forth part A mathematics and science elementary and secondary education program requirements for SEAs and LEAs. Sets forth authorized activities for which such funds may be used. Allows certain training and instruction to be carried out through agreements with specified entities. Allows LEAs to apply for funds as part of consortia with other LEAs, higher education institutions, or intermediate educational units. Limits to five percent the portion of such funds which an LEA may use for local administration. Requires that at least five percent of such funds be used for specified types of demonstration and exemplary programs and information dissemination. Limits to five percent the portion of such funds which an SEA may use for provision of technical assistance, administration, and program assessment.
Sets forth part A mathematics and science higher education program requirements for State agencies for higher education. Requires that specified funds be used to support programs within higher education institutions funded through the Bureau of Indian Affairs. Provides for competitive grants to higher education institutions for: (1) traineeship programs for new teachers who will specialize in teaching secondary school mathematics and science; (2) retraining of secondary school teachers who switch to mathematics and science specialities; and (3) inservice training for elementary, secondary, and vocation school teachers and other school personnel to improve teaching skills in mathematics and science. Allows program funds to be used for cooperative programs among specified entities. Limits to five percent the portion of such funds which may be used for State assessment and administration and program evaluation.
Sets forth State and local application requirements.
Sets forth provisions for participation of children and teachers from private schools.
Directs the Secretary to provide technical assistance and to develop procedures for State and local program evaluations. Directs the Secretary to submit to the Congress an annual summary of State program evaluations. Directs the Secretary to develop model reporting standards.
Reserves certain funds for national programs. Directs the Secretary to make grants and agreements for programs of national significance in mathematics and science instruction, giving special consideration to those programs providing special services to historically underserved and underrepresented populations in the fields of mathematics and science. Directs the Secretary also to give special consideration to programs which train and retrain teachers in methods of scientific inquiry. Directs the Secretary to disseminate information on such grants and agreements, including examples of exemplary national programs and necessary technical assistance.
Sets forth ESEA title II part B provisions for Foreign Language Assistance.
Foreign Language Assistance Act of 1988 - Directs the Secretary to make grants to SEAs with approved applications to pay the Federal share of the cost of model programs, designed and operated by LEAs, providing for the commencement or improvement and expansion of foreign language study for students. Sets forth application requirements. Sets the Federal share at 50 percent, with specified exceptions. Provides for program participation by private school children. Sets forth allotment requirements. Authorizes appropriations for FY 1989 through 1993 for the part B Foreign Language Assistance program.
Sets forth ESEA title II part C provisions for Presidential Awards for Teaching Excellence in Mathemathics and Science and in Foreign Languages. Authorizes the President to make such annual awards to elementary and secondary teachers who have demonstrated outstanding teaching qualifications in such fields (104 awards for mathematics and science, and another 104 for foreign languages). Sets forth administrative and consultation provisions. Provides that funds for such awards shall come from the funds for the National Science Foundation for Science and Engineering Education. Authorizes appropriations for each fiscal year in a specified amount to carry out such awards programs.
Sets forth further amendments to ESEA by revising and renaming title III as Magnet Schools Assistance.
Authorizes appropriations for FY 1989 through 1993 for magnet schools assistance.
Requires that, in any fiscal year in which the appropriation exceeds a specified amount, priority in awarding grants from the excess amount be given to eligible LEAs that in the preceding fiscal year did not receive magnet school assistance under this part or under title VII of the Education for Economic Security Act. Provides that an LEA's having received an award in the prior funding cycle shall not be taken into account in awarding grants from the appropriation below that specified amount.
Makes an LEA eligible for magnet schools assistance if it is: (1) implementing a student or faculty desegregation plan under a Federal or State court order or under order of a State agency or official; or (2) voluntarily implementing (or will implement if provided assistance) a student or faculty desegregation plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964.
Declares that assistance under this part is to: (1) deter minority group isolation in schools with substantial portions of minority students; and (2) strengthen academic and vocational courses in magnet schools.
Authorizes the Secretary to make grants to eligible LEAs for use in magnet schools which are part of an approved desegregation plan and which are designed to bring together students from different social, economic, ethnic, and racial backgrounds.
Defines "magnet school" as a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.
Allows eligible LEAs to use grants under this part for: (1) planning and promotional activities directly related to expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2) the acquisition of books, materials, and equipment, including computers; and (3) payment or subsidy of compensation of teachers. Requires that such materials acquisition and teacher salary assistance be directly related to mathematics, science, history, English, foreign languages, art, music, or vocation courses.
Sets forth application requirements.
Sets forth priorities and special considerations for application approval.
Prohibits grants from being used for consultants, transportation, or any activity which does not augment academic improvement.
Limits grant duration if satisfactory progress is not being made. Limits planning funds. Prohibits States from reducing Chapter 2 assistance under title I of ESEA to any LEA because of assistance available under these ESEA title III magnet schools assistance provisions.
Set forth provisions relating to magnet school assistance payments, and to withholding and cease and desist orders.
Sets forth ESEA title IV provisions for Special Programs (switching some programs from the current title IX Additional Provisions).
Sets forth title IV part A provisions for Women's Educational Equity (switched from title IX part C).
Amends the Women's Educational Equity Act to revise and reauthorize certain provisions for women's educational equity, for financial assistance to enable educational agencies and institutions to meet the requirements of title IX (Prohibition of Sex Discrimination) of the Education Amendments of 1972, and for educational equity for women and girls who suffer multiple discrimination.
Authorizes the Secretary to make grants to and contracts with public and private nonprofit agencies and entities, including student and community groups, and individuals, for activities to achieve women's educational equity at all levels of education. Sets forth authorized activities.
Allows use of such funds for development of educational materials related to educational equity where they are commercially unavailable.
Requires that at least 75 percent of funds for specified activities be awarded to LEAs. Requires that at least one grant or contract each be available for other specified activities.
Sets forth application requirements. Requires, where appropriate, an estimate of the potential for continued significance of such activities following completion of the grant period.
Provides that men and boys are not prohibited from participating in women's educational equity programs.
Provides for an additional program of women's educational equity challenge grants to public agencies, private nonprofit organizations, consortia of these groups, and individuals.
Abolishes the National Advisory Council on Women's Educational Programs in the Department of Education.
Directs the Secretary to establish seperate criteria and priorities for awards under specified women's educational equity provisions.
Directs the Secretary to report by September 30, 1992, to the President and the Congress on women's educational equity programs and activities.
Directs the Secretary, through the Office of Educational Research and Improvement, to evaluate and disseminate women's educational equity materials and programs.
Authorizes appropriations for FY 1989 through 1993 to carry out programs under the Women's Educational Equity Act.
Sets forth new ESEA title IV part B provisions for Gifted and Talented Children.
Jacob k. Javits Gifted and Talented Students Education Act of 1988 - Directs the Secretary to make grants and contracts for programs or projects designed to meet the educational needs of gifted and talented children and youth, inlcuding the training of teachers or their supervisors. Sets forth authorized uses of such funds.
Directs the Secretary to establish a National Center for Research and Development in the Education of Gifted and Talented Children and Youth through grants to or contracts with one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies.
Sets forth program priorities, including the identification and inclusion of gifted and talented children and youth who may not be identified through traditional assessment methods (including economically disadvantaged individuals, individuals of limited English proficiency, and individuals with handicaps). Requires that at least one-half of the applications approved contain a component designed to serve gifted and talented students who are economically disadvantaged individuals.
Provides for program participation of private school children and teachers, including teachers and other personnel in preservice and inservice training programs for serving such children.
Directs the Secretary to establish or designate an administrative unit within the Department of Education to: (1) administer the programs authorized by this Act; (2) coordinate all programs for gifted and talented children and youth administered by the Department; and (3) serve as a focal point of national leadership and information on the educational needs of gifted and talented children and youth and the availability of educational services and programs designed to meet those needs.
Authorizes appropriations for FY 1989 through 1993 to carry out programs under this Act.
Sets forth ESEA title IV new part C provisions for the Allen J. Ellender Fellowship Program (which was established by a certain 1972 joint resolution repealed by this Act).
Sets forth subpart 1 provisions for Ellender program for secondary school students and teachers (this program is similar to the Ellender program under current law).
Authorizes the Secretary to make grants to the Close Up Foundation of Washington, D.C., for its program of increasing understanding of the Federal Government among secondary school students, their teachers, and the communities they represent. Requires such grants to be used only for financial assistance, known as Allen J. Ellender Fellowships, to economically disadvantaged students and their teachers who participate in such program. Sets forth application requirements. Requires in the awarding of fellowships to economically disadvantaged students, that special consideration be given to the participation of students with special educational needs, including handicapped students, students from recent immigrant families, ethnic minority students, gifted and talented students, and students of migrant parents.
Sets forth subpart 2 provisions for new Ellender programs for older Americans and recent immigrants.
Authorizes the Secretary to make grants to the Close Up Foundation for its programs of increasing understanding of the Federal Government among economically disadvantaged older Americans and recent immigrants. Requires such grants to be used only for financial assistance to be known as Allen J. Ellender Fellowships, to economically disadvantaged older Americans and recent immigrants who participate in such program. Sets forth application requirements.
Sets forth subpart 3 general provisions for the Ellender programs.
Authorizes appropriations for subparts 1 and 2 for FY 1989 through 1993. Requires full funding for the subpart 1 program before the subpart 2 program may be funded.
Sets forth ESEA title IV part D provisions for Immigrant Education (switches to ESEA the provisions of title VI of the Education Amendments of 1984, known as the Emergency Immigrant Education Act of 1984).
Amends the Emergency Immigrant Education Act of 1984 to authorize appropriations for FY 1989 through 1993 for payments of State entitlements and State administrative costs under such Act. Provides for ratable reductions in allocating such payments to SEAs whenever appropriations are not sufficient.
Sets forth provisions for: (1) State administrative cost payments; (2) withholding of payments; (3) State entitlements and formulas for determining such entitlements based on numbers of immigrant children in certain LEAs of a State; (4) uses of funds for supplementary educational services costs; (5) applications; (6) payments to SEAs; and (7) services to children enrolled in nonpublic schools.
Requires each SEA receiving emergency immigrant education funds to report biennially to the Secretary on expenditure of such funds by LEAS. Requires each LEA receiving such funds to submit information for such report to the SEA. Directs the Secretary to report biannually to the appropriate congressional committees on emergency immigrant education programs.
Sets forth ESEA title IV part E provisions for territorial assistance (switches such provisions from the Educational Amendments of 1978 and repeals those provisions later in this Act). Authorizes appropriations for FY 1989 through 1993 for: (1) general assistance to improve public education in the Virgin Islands; and (2) grants and contracts to qualified organizations to provide training to teachers in schools in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
Sets forth ESEA title IV part F provisions for the Secretary's fund for innovation in education. Authorizes the Secretary to carry out, directly or through grants and contracts programs and projects which show promise of identifying and disseminating innovative educational approaches.
Sets forth provisions for innovation funding of optional tests for academic excellence. Authorizes the Secretary to approve or develop comprehensive tests of academic excellence to identify outstanding students in the eleventh grade of public and private secondary schools. Provides for such tests to be given on a voluntary basis. Provides for awarding of certificates to students who have scored on a sufficiently high level. Directs the Secretary to report to the Congress on the estimated costs of such tests.
Sets forth provisions for innovation funding of technology education. Authorizes development of: (1) materials for educational television and radio programming for use in elementary and secondary education; and (2) programs using telecommunications and video resources for student instruction and teacher training. Sets forth authorized uses of discretionary funds for technology education.
Sets forth provisions for innovation funding of programs for computer-based instruction. Authorizes innovation grants and contracts for strengthening and expanding computer education resources available in public and private elementary and secondary schools. Authorizes use of such funds for acquisition and leasing of computer hardware and related services, acquisition of computer software and complementary instruction material, and teacher training. Sets forth planning requirements. Limits to 25 percent the portion of any such grant which may be used for computer hardware acquisition.
Sets forth provisions for innovation funding of programs for the improvement of comprehensive school health education. Sets forth the general authority for and authorized uses of such funding. Authorizes the Secretary to establish within the Office of the Secretary an Office of Comprehensive School Health Education with specified responsibilities relating to such programs.
Sets forth provisions for alternative curriculum schools. Provides for assistance to LEAs, LEA consortia, and intermediate educational units with significant percentages of minority students to establish alternative curriculum school programs with at least 50 percent minority composition to strengthen students' academic knowledge and contribute to school desegregation. Requires applicants for such aid to submit evidence of specified collaborative arrangements. Sets forth authorized uses of such funds (similar to the authorized uses for magnet schools assistance.) Sets forth application requirements. Requires that any unused funds under these provisions be used for magnet schools assistance grants under title III of ESEA. Prohibits use of the award of alternative curriculum school funds as evidence relating to the issue of school desegregation.
Authorizes appropriations for FY 1989 through 1993 for the Secretary's fund for innovation in education.
Authorizes appropriations for FY 1989 through 1993 for alternative curriculum schools assistance, but provides that no such appropriation for any fiscal year may be made unless the appropriations for the magnet schools assistance program in title III of ESEA equal or exceed a specified amount for that fiscal year.
Sets forth ESEA title V provisions for Drug Education, to be cited as the Drug-Free Schools and Communities Act of 1986 (switches such Act to title V of ESEA and later in this Act repeals such provisions as they appear in subtitle B of title IV of the Anti-Drug Abuse Act of 1986).
Sets forth ESEA title V part A provisions for financial assistance for drug abuse education and prevention programs.
Amends the Drug-Free Schools and Communities Act of 1986 to maintain the level of the authorization of appropriations for FY 1989 and to authorize appropriations in such sums as may be necessary for FY 1990 through 1993 to carry out such Act.
Sets forth part B provisions for State and local drug abuse education and prevention programs.
Changes the basis of SEA fund distribution for such programs to LEAs, intermediate educational agencies, and consortia. Makes the new basis relative enrollments in public and private nonproit schools within the areas served by such agencies. (Currently the basis is relative numbers of children in the school-age population within such areas.)
Adds to local grant application requirements descriptions of the current drug and alcohol problem in the applicant's schools and the applicant's drug and alcohol policy.
Requires each local applicant to submit to the SEA a progress report on the first two fiscal years of implementation of its plan. Directs SEAs to provide technical assistance to local applicants not making reasonable progress.
Requires each State to submit a biennial report to the Secretary on State and local programs conducted under the Drug-Free Schools and Communities Act of 1986.
Sets forth part C provisions for national programs for drug education and prevention.
Directs the Secretary, in conjunction with the Secretary of Health and Human Services (HHS), to: (1) conduct, directly or by contract, a study of the relationship between drug and alcohol abuse and youth suicide; and (2) report study findings to the President and appropriate congressional committees within one year after enactment of this Act.
Authorizes the Secretary to conduct periodic evaluations of programs authorized under the Drug-Free Schools and Communities Act of 1986.
Specifies that assistance to programs for Indian youth relates to children on reservations serviced by schools "funded" (current law specifies "operated") by the Department of the Interior.
Adds grants and cooperative agreement to the means by which the Secretary is to assist programs for Hawaiian natives and regional centers.
Sets forth part D general provisions. Revises certain definitions under the Drug-Free Schools and Communities Act oF 1986.
Repeals provisions relating to the National Trust for Drug-Free Youth.
Sets forth part E miscellaneous provisions.
Directs the Assistant Secretary of Indian Affairs to develop and implement pilot programs in selected schools funded by the Bureau of Indian Affairs (subject to local or contract school board approval) to determine the effectiveness of summer youth programs in furthering the purposes of the Indian Alcohol and Substance Abuse Prevention Act of 1986. Authorizes appropriations for FY 1987 through 1989 to cover operation and support costs of such pilot programs.
Allows funding of a program on alcohol and substance abuse prevention and treatment with Federal financial assistance to public or private schools because of the enrollment of Indian children pursuant to specified Federal law.
Sets forth ESEA title VI provisions for programs and projects designed to address school dropout problems and to strengthen basic skills instruction.
Sets forth part A provisions for assistance to address school dropout problems.
School Dropout Demonstration Assistance Act of 1988 - Authorizes appropriations for FY 1989 for grants to LEAs for demonstration programs of dropout prevention, reentry, information, and identification of at-risk students.
Allots specified percentages of such funds to various categories of LEAs and educational partnerships. Limits the Federal share of project cost to no more than 90 percent in the first fiscal year and 75 percent in the second. Limits the amount from other Federal sources which maybe used on such projects.
Sets forth grant application requirements, including plans for dropout information collection and reporting systems.
Sets forth authorized activities for which such grants may be used.
Requires that: (1) at least 30 percent of grant funds be used for dropout prevention activities; (2) at least 30 percent of grant funds be used for dropout reentry persuasion and assistance activities; and (3) not more than five percent of any grant be used for administrative costs.
Sets forth part B provisions for assistance to provide basic skills improvement.
Secondary Schools Basic Skills Demonstration Assistance Act of 1988 - Provides for assistance to LEAs with high concentrations of low-income children to improve the achievement of educationally deprived children enrolled in secondary schools.
Authorizes appropriations for FY 1989 for such assistance.
Directs the Secretary to make grants to LEAs from such funds. Allows each LEA to carry out authorized activities in cooperation with community-based organizations. Makes secondary students who meet ESEA title I chapter I part A requirements (except that of attendance in the designated school attendance area) eligible to participate in such basic skills programs.
Sets forth authorized activities which may use basic skills program funds. Limits to 25 percent of the grant the amount which may be used for specified noninstructional services.
Sets forth application requirements. Limits to five percent the portion of such a grant which may be used for administrative costs.
Sets forth part C general provisions.
Directs the Secretary, within 60 days after the enactment of this Act, to establish a standard definition of a school dropout. (Makes that definition applicable to such requirement if the Secretary has defined that term for FY 1988.)
Requires timely award of parts A and B grants.
Requires that parts A and B grants be used to supplement other funds.
Requires such grant recipients to cooperate with the coordination and dissemination efforts of the National Diffusion Network and SEAs.
Sets forth provisions for auditing and withholding payments.
Defines basic skills to include reading, writing, mathematics, and computational proficiency as well as comprehension and reasoning.
Sets forth ESEA title VII provisions for Bilingual Education (which may be cited as the Bilingual Education Act).
Revises and reauthorizes the Bilingual Education Act (BEA).
Authorizes appropriations for FY 1989 through 1993 to carry out the BEA. Authorizes additional appropriations for such period for BEA part B grants for State programs of data collection and dissemination of information on State populations of limited English proficient (LEP) persons and educational services for such persons.
Limits the amount which may be appropriated for FY 1989 for BEA programs (including grants for State data collection and dissemination).
Requires that at least 60 percent of BEA appropriations be reserved for programs under part A (Financial Assistance for Bilingual Education Programs).
Raises to 25 percent the maximum limit on the portion of funds for part A which the Secretary may reserve for special alternative instruction programs and related activities.
Provides that such reservation of funds for special alternative instructional programs shall not result in changing the terms, conditions, and negotiated levels of any grant awarded in FY 1987.
Requires that at least 75 percent of part A funds be reserved for transitional bilingual education programs.
Provides that the authorized uses of the funds reserved for special alternative instructional programs and for transitional bilingual educational programs may include use for other specified related programs.
Reserves at least 25 percent of BEA appropriations for training activities.
Allows family English literacy programs to include instruction designed to enable aliens otherwise eligible for temporary resident status under the Immigration and Nationality Act to achieve minimal understanding of ordinary English and a knowledge of U.S. history and government as required under such Act.
Requires that programs of excellence be usable as models for effective schools for LEP students to facilitate the dissemination of effective LEP teaching practices.
Expands the prohibition against redefinition through regulation to cover all the definitions under the BEA.
Requires that every effort be made to inform parents in a language and form they understand of the instructional goals of bilingual education programs and their children's progress.
Sets forth BEA part A provisions for financial assistance for bilingual education programs. Requires that grants under such part be used for programs of: (1) transitional bilingual education; (2) developmental bilingual education; (3) special alternative instruction for students of limited English proficiency; (4) academic excellence; (5) family English literacy; and (6) preparatory or supplementary bilingual preschool, special, and gifted and talented education. Repeals a provision for the authorized use of such grants for instructional materials development in languages for which such materials are commercially unavailable. Allows such programs to use available funds to provide technology-based instruction.
Sets forth grant application requirements. Permits separate or joint submission of grant applications for academic excellence, family English literacy, and bilingual preschool, special education, and gifted and talented programs. Extends eligibility for academic excellence program grants to entities eligible for grants for family English literacy, bilingual preschool, special education, and gifted and talented programs.
Extends to the first 12 months (currently the first six months) of a grant the period during which the applicant may (currently must) engage exclusively in preservice activities, for transitional, developmental, or special alternative instructional programs.
Adds as an alternative condition for priority consideration of a special alternative instructional program grant application that the application is made on behalf of an LEA: (1) which has a small number of LEP students in its schools; and (2) which is unable to obtain a native language teacher because of its isolation or regional location. (Removes as such an alternative condition the applicant's current or past efforts to establish a bilingual education program.)
Changes to a fixed three-year period (currently one to three years) the duration of grants for bilingual preschool, special education, and gifted and talented programs.
Limits to three years the time during which a student may be enrolled in a transitional or a special alternative instructional program, except where the student's need for the program is evaluated and documented and mastery of English is emphasized during the extended period. Prohibits any student from being in such programs for more than five years.
Allows instruction in BEA regular and supplementary programs to be intensified by: (1) expanding the educational calendar to include before-and-after school and summer programs; (2) lowering teacher per pupil ratios, including use of professional and volunteer aides; and (3) applying technology to the course of instruction.
Adds to grant application requirements an assurance of applicant support for additional advisory council activities, upon council request.
Adds to conditions for program application approval that: (1) student evaluation and assessment procedures are appropriate for LEP student and that handicapped LEP student are served in accordance with the Education of the Handicapped Act; and (2) training for program personnel will assist them to meet State and local certification requirements.
Prohibits admission to or exclusion from any federally assisted education programs merely on the basis of the students' surnames.
Sets forth BEA part B provisions for data collection, evaluation, and research.
Raises to $75,000 (currently $50,000) the minimum annual amount which the Secretary must pay any SEA for conduct of the State program of data collection on LEP persons and dissemination of information on LEP educational services.
Requires the bilingual education clearinghouse operated under research provisions to coordinate its activities with the National Diffusion Network.
Adds to authorized research activities studies to determine: (1) techniques for providing bilingual education to handicapped students; (2) methods for identifying gifted and talented students who have language proficiencies other than English; and (3) the effect of the BEA on the capacity of LEAs to operate bilingual programs following the termination of BEA assistance.
Provides that nothing in the BEA shall be construed as authorizing the Secretary to conduct or support studies or analyses of the content of educational textbooks.
Directs the National Center for Educational Statistics, in carrying out its education statistics responsibilities under the BEA, to also utilize data collected on LEP persons by other Federal agencies.
Sets forth BEA part C provisions for training and technical assistance.
Requires preservice or inservice training programs under the BEA to assist educational personnel in meeting State and local certification requirements. Urges such program, whenever possible, to award college or university credit.
Maintains provisions for multifunctional resource centers.
Requires that, in each of FY 1989 through 1993, there be awarded at least 500 fellowships leading to a master's or doctorate degree for advanced study of bilingual education or special alternative instructional programs for LEP students. Repeals provision for a study of the fellowship program and dissemination of research by fellowship recipients. Maintains fellowship work-or-repayment requirements.
Maintains part C priority and stipend provisions.
Sets forth BEA part D provisions for administration.
Maintains provisions for the Office of Bilingual Education and Minority Languages Affairs and its Director (the Director), including staffing requirements. (Removes provisions for a report by the Secretary, but requires a report on bilingual education under title VI of this Act.)
Requires the Director to report annually to the Congress and the President on specified BEA matters.
Directs the Secretary, for the purpose of reading and scoring applications for competitive grants under BEA parts A and C, to use persons who are not otherwise employed by the Federal Government and are experienced and involved in educational programs similar to those assisted by such grants. Directs the Secretary to solicit nominations for application readers from State directors of bilingual education. Permits the use of funds appropriated for parts A and C to pay for such application reading and scoring services.
Prohibits the Secretary from imposing restrictions on the availability or use of BEA funds, other than those set out in the BEA or other applicable Federal statutes and regulations.
Repeals provisions for the National Advisory and Coordinating Council on Bilingual Education (the Council), which current law schedules for termination on October 1, 1988.
Repeals (while revising and subsuming under ESEA): (1) the Education Consolidation and Improvement Act of 1981 (ECIA); (2) a specified joint resolution establishing the Ellender program; (3) the Emergency Immigrant Education Act of 1984, also know as title VI of the Education Amendments of 1984; (4) specified provisions for territorial assistance under the Education Amendments of 1978; and (5) the Drug-Free Schools and Communities Act of 1986, also known as subtitle B of title IV of the Anti-Drug Abuse Act of 1986.
Makes certain application approval priority rules added by this Act applicable to funds appropriated for FY 1988 for the school dropout demonstration program under title VI of ESEA.
Title II: Amendments to Other Educational Programs - Part A: Impact Aid Program - Impact Aid Reauthorization Act of 1988 - Subpart 1: Public Law 874 - Revises and reauthorizes Federal law relating to impact aid payments to LEAs affected by Federal activity (Public Law 874).
Directs the Secretary to disapprove or approve an application within 90 days of its being filed.
Extends the authorization of specified provisions of the Public Law 874 impact aid program through FY 1993. Authorizes appropriations for such program from FY 1989 and through 1993.
Revises provisions relating to the Secretary's determination of property value for purposes of determining the amount of the payment to an LEA for lost revenue in cases of Federal acquisition of real property.
Sets an impact aid entitlement level at 100 percent of the local contribution rate for section 3(a) children (students whose parents live and work on Federal property or are from Indian lands).
Sets an impact aid entitlement level at 25 percent of the local contribution rate for section 3(b) children (students whose parents live or work on Federal property).
Sets forth special rules relating to provisions for heavily impacted districts (i.e. section 3(d)(2)(B) districts which have over 50 percent federally connected children and which, despite reasonable tax efforts, are unable to maintain a level of education equivalent to comparable school districts within the State). Sets forth provisions relating to determining comparable districts and how funding should be determined where no comparable districts exist. Defines reasonable tax effort as one which is at least 80 percent of the State average or of that of three or more comparable districts. Provides that the special supplement must be sufficient to bring the district up to at least the State average level of education or that of three or more comparable districts. Excludes from "available funds," for purposes of such supplemental determinations, the cash balance allowed by State law or, when such State law does not exist, 30 percent of the LEA's operating costs.
Requires (currently authorizes) the Secretary to make supplemental payments to districts with unusual geographic factors. Prohibits such payments from exceeding the increase in current expenditures necessitated by such factors.
Sets the local contribution rate for coterminous agencies at not less than 70 percent of the average per pupil expenditure for all States during the second preceding year.
Requires that impact aid payments be rounded to the nearest whole dollar.
Directs the Secretary to return to the Treasury any recovered funds within five fiscal years of the original appropriation.
Directs the Secretary to make preliminary payments to any LEA requesting them. Sets such payments at: (1) 75 percent of the prior year's payment for any eligible LEA whose number of 3(a) children amounts to at least 20 percent of its total average daily attendance; and (2) 50 percent for any other eligible LEA.
Sets forth a general rule on impact aid payments distribution. Requires that first, 100 percent of their entitlement be allocated to section 2 (Federal acquisition of real property) districts as well as all of the 50 percent supplemental entitlement for districts serving handicapped children. Requires that, next, 100 percent of their section 3(a) and 3(b) entitlements be then allocated to heavily impacted section 3(d)(2)(B) districts, including coterminous districts. Requires that, last, 80 percent of remaining funds be reserved for 3(a) entitlements and 20 percent for 3(b) entitlements.
Sets forth an allocation of payments rule for section 3(a) and 3(b) districts under which payments are distributed in steps according to the percentage of such children in a district. Provides for ratable reductions when funds are insufficient.
Sets forth a rule relating to State aid. Prohibits specified impact aid increases in payments from being taken into consideration in State determinations of an LEA's financial resources or needs.
Sets forth hold-harmless rules for specified types of impact aid.
Allows LEAs receiving section 3 payments to also receive funds under section 6 provisions for children for whom a local agency is unable to provide education.
Raises the threshold amount of damage for eligibility for disaster assistance payments. Makes such funds under this Federal law for impact aid (Public Law 874) also available under another Federal impact aid law (Public Law 815) which provides for school construction in cases of disaster.
Provides for certain impact aid payments to LEAs for fiscal years before 1989 on behalf of children who reside on or whose parents are employed on property that is housing assisted under section 8 of the United States Housing Act of 1937.
Amends the Educational Agencies Financial Aid Act to provide that certain LEA entitlement funds for children who, while attending such LEA, reside on nontaxable Indian lands, may be used to pay their tuition if they are non-Indians (and thus ineligible for certain other LEA funds).
Requires a comment period of at least 90 days before any regulations under this Act become final. Prohibits any provision of such regulations from having a retroactive effect which results in recovery of assistance by the United States.
Subpart 2: Public Law 815 - Revises and reauthorizes Federal law relating to the program of impact aid for construction of schools affected by Federal activity (Public Law 815).
Extends the authorization of specified provisions for such program through FY 1993. Authorizes appropriations for Public Law 815 impact aid payments from FY 1989 through 1993.
Directs the Secretary to disapprove or approve an application for such program within 90 days of its being filed.
Removes provisions authorizing the Secretary to designate schools as eligible for construction assistance due to disaster. (Retains provisions authorizing the Director of the Office of Emergency Planning and the President to make such determinations.) Raises the threshold amount of damage for eligibility for disaster assistance payments.
Part B: Adult Education - Adult Education Amendments of 1988 - Amends the Adult Education Act (AEA), also known as title III (Adult Education Programs) of the Elementary and Secondary Education Amendments of 1966, to revise and reauthorize AEA programs.
Revises the definition of adult education to limit it to adults: (1) who are not enrolled in secondary school; (2) who are not currently required to be enrolled in school; and (3) whose lack of mastery of basic skills results in an inability to speak, read, or write the English language which constitutes a substantial impairment of their ability to get or retain employment commensurate with their real ability.
Defines educationally disadvantaged adult as one who demonstrates basic skills at or below fifth grade level or has been placed in the lowest or beginning level of an adult education program which does not use grade level equivalencies to measure basic skills.
Authorizes appropriations for AEA programs for FY 1989 through 1993.
Provides for a reservation of funds for AEA part D national programs if appropriations for AEA exceed a specified amount in any fiscal year. Limits the amount of such reservation.
Sets forth AEA: (1) part B provisions for State programs; and (2) subpart 1 provisions for basic State grants.
Authorizes the Secretary to make grants to States to assist them in funding adult education programs, services, and activities. Requires the use of such grant in accordance with approved State plans to pay the Federal share of the cost of the establishment or expansion of adult education programs to be carried out by LEA and by public or private nonprofit agencies, organizations, and institutions after consultation and comment by the applicable LEA. Sets forth the circumstances under which grants may be used to carry out programs by a consortium including a for-profit agency, organization, or institution. Provides for the SEA to approve all applications for such grants. Requires such applications to include a description of services to be offered and that such services are not duplicative of other Federal, State, and local programs.
Directs the SEA to give preference to those applicants who demonstrate a capability to serve educationally disadvantaged adults. Makes such preference applicable in any fiscal year in which the amount appropriated for basic State grants exceeds the amounts available for such grants in FY 1988.
Requires that at least ten percent of a State's basic grant be used for corrections education and education for other institutionalized individuals under subpart 2. Limits to not more than 20 percent that portion of a State's allotment to be used for high school equivalency certificate programs.
Requires that at least 95 percent of funds provided by States to eligible recipients be expended for adult education instructional activities, with the remainder to be used for planning, administration, personnel development, and interagency coordination. Allows negotiation of such limits under specified circumstances.
Sets forth subpart 2 provisions for corrections education and education for other institutionalized persons. Provides that such programs shall be funded with a set-aside from the AEA State basic grant. Describes the various types of educational programs involved.
Sets forth subpart 3 provisions for State administrative responsibilities.
Sets forth the responsibilities of SEAs carrying out the AEA.
Provides that any State may designate or establish, if a suitable one does not exist, a State advisory council on adult education, appointed by the Governor. Allows the State to use specified AEA funds for such purpose. Requires that such council be broadly representative of citizens and specified groups with an interest in adult education. Sets forth requirements for Council certification, procedures, and membership terms. Directs the Council to advise the State agency on the development of the State plan.
Sets forth subpart 4 provisions for planning and applications.
Requires States for FY 1989 and each fourth fiscal year thereafter to submit to the Secretary a plan and application for adult education for the four succeeding fiscal years. Sets forth submission and consideration procedures.
Sets forth: (1) procedures required in formulating State plans, including meeting with the advisory council and conducting public hearings; (2) required assessments to be made of the needs of eligible adults; (3) required components of the plan; and (4) assurances to be provided in State applications.
Revises provisions for AEA programs for persons with limited English proficiency. Allows such programs to be conducted in the native language, if necessary, or exclusively in English. Requires such programs to be coordinated with federally-assisted bilingual education and bilingual vocational education programs.
Sets forth subpart 5 provisions for evaluation and State plan amendments.
Requires the Secretary to approve any amendments made to State plans within a specified period. Sets forth a transition rule for approval of a one-year extension for revision of any plan already approved during a specified period.
Directs each State agency, during the four-year period of the State plan, to: (1) annually submit data on grant recipients to the Secretary; (2) before the end of such period evaluate at least a representative one-third of grant recipients, according to specified considerations; and (3) gather and analyze data to determine the extent to which the adult programs are achieving the goals of the plan, including the goal of serving educationally disadvantaged adults and the extent to which grant recipients have improved their capacity to achieve the purposes of the AEA.
Sets forth subpart 6 provisions for demonstration projects.
Requires that at least ten percent of a State's allotment under AEA part A be used for special experimental demonstration projects and teacher training. Requires that such funds be used for training personnel to carry out the purposes of the AEA, and for special projects involving: (1) innovative methods for educating persons with handicaps, the homeless, and persons of limited English proficiency; or (2) adult education programs for such persons. Sets forth application requirements.
Sets forth subpart 7 provisions: (1) for the Federal share of expenditures to carry out a State plan; and (2) for Federal administrative responsibilities.
Requires such Federal share to be paid from a State's grant allotment. Sets such Federal share at: (1) 90 percent of the cost of carrying out the State's programs for FY 1989; (2) 85 percent for FY 1990; (3) 80 percent for 1991; and (4) 75 percent for FY 1992 and for each fiscal year thereafter. Sets the Federal share at 100 percent of such cost with respect to specified U.S. territories and possessions.
Sets forth maintenance of effort provisions, requiring that the fiscal effort per student or the State expenditures for adult education from non-Federal sources for the second preceding fiscal year be at least as much as that for the third preceding fiscal year. Authorizes the Secretary to waive such maintenance-of-effort requirements for one fiscal year only, under special circumstances.
Sets forth AEA part C provisions for workplace literacy and English literacy grants.
Establishes a grant program for business, industry, labor, and education partnerships for workplace literacy. Directs the Secretary to make demonstration grants to exemplary education partnerships for workplace literacy to cover 70 percent of the cost of adult education programs which teach literacy skills needed in the workplace through partnerships between specified public and private entities. Authorizes grants to States for similar programs of workplace literacy partnerships when the funding for such grants program exceeds a specified level. Authorizes appropriations for such grants program for FY 1989 through 1993, provided funding under the AEA reaches a certain level.
Establishes an English literacy grants program. Authorizes the Secretary to make grants to States for English literacy programs for individuals with limited English proficiency, including support services. Requires that 50 percent of such funds be used for programs operated by community-based organizations. Sets forth reporting requirements. Directs the Secretary to: (1) carry out a demonstration program to develop innovative approaches and methods for such English literacy education; and (2) designate the Center for Applied Linguistics of the Office of Education Research and Improvement as a national clearinghouse on such education. Sets forth program evaluation and audit requirements. Authorizes appropriations for FY 1988 through 1993 for such English literacy education programs. Limits the portions of such funds which may be used for the demonstration program and for State administration, technical assistance, and training.
Sets forth AEA part D provisions for national programs.
Authorizes the Secretary to carry out a program of making grants to States and local eligible recipients to support planning, developing, and evaluating programs designed to provide adult education programs, services, and activities to meet the special needs of migrant farmworkers and immigrants. Grants the portion of such program for migrant farmworkers the first priority in the use of funds reserved for national programs.
Authorizes the Secretary to make grants to States and local eligible recipients for programs to train adult volunteers, especially the elderly, who wish to participate as tutors in local adult education programs. Grants the portion of such program for adult volunteers the second priority in the use of funds reserved for national programs.
Authorizes the Secretary to assist States in evaluating the status and progress of adult education in achieving the purposes of this title. Directs the Secretary to determine the criteria for defining literacy and identify those skills that comprise the basic educational skills needed for literate functioning. Requires the Secretary to determine an accurate estimate of the number of illiterate adults in the Nation.
Directs the Secretary, subsequent to such determination, to report every four years to the President and to the appropriate congressional committees on the status of literacy and adult education.
Directs the Secretary, three years after enactment of this Act, to report to the appropriate congressional committees on an evaluation of AEA programs.
Directs the Secretary, through the Office of Educational Research and Improvement, to support applied research, development, demonstration, dissemination, evaluation, and related activities which will contribute to the improvement and expansion of adult education. Includes as a related activity the establishment of a national clearinghouse to compile information on literacy curriculum and resources for adults, including youth and adults of limited English proficiency and adults with handicaps.
Authorizes the Assistant Secretary for Educational Research and Improvement to support research on the special needs of persons requiring adult education, including a study of the magnitude and nature of the needs of adults with learning disabilities who are eligible for participation in adult education programs.
Prohibits any grant under this title for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity.
Repeals AEA provisions relating to the National Advisory Council on Adult Education.
Eliminates AEA provisions relating to grants for improvement of educational opportunities for adult Indians, but transfers and reauthorizes similar provisions for such a grants program under title V part C (the Indian Education Act of 1988) subpart 3 (Special Programs Relating to Adult Education for Indians) of this Act.
Part C: Education for Economic Security - Amends the Education for Economic Security Act (EESA) to reauthorize the National Science Foundation program for partnerships in education for mathematics, science, and engineering. Authorizes appropriations for FY 1989 through 1993.
Adds to EESA a new title IX Star Schools Program, as follows.
Star Schools Program Assistance Act - Establishes an EESA title IX Star Schools Program to improve instruction in mathematics, science, and foreign languages, as well as other subjects such as vocational education.
Authorizes the Secretary to make demonstration grants under such program to eligible telecommunications partnerships to develop, construct, and acquire telecommunications facilities and equipment and programming, and for technical assistance.
Authorizes appropriations for such grants program for FY 1988 through 1992. Limits the amount which may be awarded to any one partnership for a first or a second-year grant. Requires that at least 25 percent of such funds be used for instructional programming and at least 50 percent for facilities, equipment, teacher training or retraining, technical assistance, or programming for LEAs eligible for Federal compensatory education assistance.
Sets the Federal share at 75 percent of costs, with specified exceptions.
Sets forth entities which such partnerships may include. Requires such partnerships to be organized on a statewide or multistate basis.
Sets forth grant application requirements and approval priorities.
Requires telecommunications partnerships to report to the Secretary listings and descriptions of courses and materials to be offered by educational institutions and teacher training centers and to be transmitted over satellite. Directs the Secretary to compile such listings and distribute the list to all SEAs.
Repeals EESA titles II (Education for Economic Security), IV (Presidential Awards for Teaching Excellence in Mathematics and Science), VI (Excellence in Education), and VII (Magnet School Assistance). (This Act's amendments to the Elementary and Secondary Education Act of 1965 add provisions similar to those repealed here.)
Part D: Vocational Education - Amends the Carl D. Perkins Vocational Education Act (VEA) to provide that specified funds reserved under State basic grants for single parents and homemakers shall also be available for single pregnant women.
Directs the Secretary, from FY 1987 VEA appropriations for the National Center for Research in Vocational Education (the National Center) to provide financial assistance in specified amounts for ongoing activities to a Center for Research in Vocational Education at the Ohio State University and the University of California at Berkeley. Provides that: (1) such funds shall not be affected by the outcome of the final decision on a grant award recipient for the National Center; (2) such funds shall be deducted from the total award made for a National Center for the 1988 grant award year; and (3) nothing in such provisions shall be construed to affect the decision with respect to the location of the National Center.
Part E: Comprehensive Child Development Program - Comprehensive Child Development Centers Act of 1988 - Amends the Head Start Act (Chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981) to add a new subchapter E Comprehensive Child Development Program.
Comprehensive Child Development Act - Authorizes the Secretary of Health and Human Services (HHS) to make grants to eligible agencies in rural and urban areas to pay the Federal share of the cost of projects designed to encourage intensive and comprehensive support services which will enhance the physical, social, emotional, and intellectual development of low-income children from birth to compulsory school age, including providing necessary support to their parents and other family members.
Directs the Secretary of HHS to enter into contracts, agreements, or other arrangements with at least ten but not more than 25 eligible agencies to carry out such program.
Lists characteristics of the eligible agency which the Secretary must consider.
Authorizes the Secretary of HHS to make planning grants to eligible agencies. Limits such grants to not more than 30 in number and to one year in duration. Sets forth application requirements for such grants.
Directs the Secretary of HHS to make operating grants to selected eligible agencies to pay the Federal share of the cost of carrying out projects for intensive and comprehensive supportive services for low-income infants, young children, parents, and other family members. Requires that rural projects receive some of these grants. Sets forth application requirements for such grants.
Directs the Secretary of HHS to pay to eligible agencies with approved applications the Federal share (80 percent) of the cost of activities described in the application.
Limits a planning grant to a single eligible agency to $35,000.
Directs the Secretary of HHS to conduct or provide for an evaluation of the success of such projects. Requires grantees to furnish information for such evaluation.
Limits planning grant to a single eligible agency to $35,000.
Directs the Secretary of HHS to conduct or provide for an evaluation of the success of such projects. Requires grantees to furnish information for such evaluation.
Directs the Secretary of HHS to report to the Congress by October 1, 1993, on such evaluation, with recommendations.
Requires the Secretary of HHS to provide for the continuing evaluation of projects.
Authorizes appropriations for FY 1984 through 1993 to carry out such comprehensive child development program.
Prohibits funding for such new program in FY 1989 or 1990 unless Head Start appropriations for such fiscal year are increased by at least four percent over the previous fiscal year's amount.
Part F: Higher Education - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to retitle part B (currently Guaranteed Student Loan Program) as the Robert T. Stafford Student Loan Program. Renames the guaranteed student loan program as the Robert T. Stafford Student Loan Program.
Title III: Educational Assessment, Achievement, and Administration - Part A: Statistics - Amends the General Educations Provisions Act (GEPA) to change the name of the Center for Education Statistics to the National Center for Education Statistics (the Center). Provides for the Center to be headed by a Commissioner of Education Statistics (the Commissioner) who shall be appointed by the President by and with the advice of the Senate. Requires that there be appointed within the Center an Associate Commissioner for Statistical Standards and Methodology and an Associate Commissioner for Data Collection and Dissemination.
Adds the Commissioner and the Chairman of the National Commission on Libraries and Information Science as ex officio members of the Advisory Council on Education Statistics. Appoints the Commissioner as president of such Council.
Directs the Commissioner to submit the annual report on the Center to the Congress.
Directs the Secretary to submit an annual report to the Congress on the condition of education in the Nation.
Directs the Commissioner to issue regular public reports to the President and Congress on various education indicators.
Requires the Commissioner to establish a special study panel on education indicators.
Requires the Center to: (1) conduct annual dropout and retention surveys and reports; (2) provide for a financial aid study every three years; (3) provide for a decennial analysis of school districts; (4) conduct a national longitudinal survey of educational progress, intellectual development, and economic prosperity; and (5) conduct a study of school reform efforts.
Sets forth provisions for confidential treatment of data.
Establishes within the Center a National Cooperative Education Statistics System to produce and maintain, with the cooperation of the States, educational information and data that are useful for policy-making at the Federal, State, and local level.
Requires the Center to establish a special program to train employees of SEAs (including State postsecondary education agencies) and LEAs in the use of the Center's standard statistical procedures and concepts. Authorizes the Center to establish a fellows program to temporarily appoint such employees as fellows at the Center to familiarize them with its operations.
Authorizes appropriations for FY 1989 through 1993 for the Center.
Requires the National Assessment of Educational Progress to include in specified reports data on the reading, writing, and mathematics performance of students served under the program of financial assistance to meet special educational needs of children under chapter 1 of ESEA and chapter 1 of ECIA.
Part B: Fund for the Improvement and Reform of Schools and Teaching - Fund for the Improvement and Reform of Schools and Teaching Act - Establishes a Fund for the Improvement and Reform of Schools and Teaching (the Fund).
Subpart 1: Grants for Schools and Teachers - Authorizes the Secretary to make grants and contracts to various educational entities to improve educational opportunities for and the performance of elementary and secondary school students and teachers through assistance for specified activities. Gives priority to projects: (1) for students or schools with below average academic performance; (2) for increased access of all students to a high quality education; and (3) for incentive systems for measurable progress toward specific goals for educational performance improvement.
Sets forth application requirements. Requires SEA review of applications.
Sets forth considerations for the Secretary's evaluation of applications.
Subpart 2: Family-School Partnership - Establishes a demonstration grant program to encourage LEAs to increase the involvement of families in the improvement of the educational achievement of their children.
Authorizes the Secretary, through the Fund, to make demonstration grants to eligible LEA applicants for the development of innovative family-school educational partnership activities designed to: (1) support family efforts, including training, to work with children in the home; (2) train teachers and other staff personnel involved in the chapter 1 program under title I of ESEA to work effectively as educational partners with the families of participating students; (3) train families, teachers, and other staff in LEA schools to build an educational partnership between home and school; and (4) evaluate the family participation activities of the schools and ways in which to increase involvement in such activities. Sets forth authorized uses for such grants.
Allows a grant application to provide for participation of private school students, families, and teachers.
Subpart 3: Administrative Provisions - Establishes the Fund for the Improvement and Reform of Schools and Teaching Board (the Board). Requires the Secretary to appoint Board members.
Directs the Secretary to appoint a Director of the Fund. Requires the Director to advise the Board about developments in education and provide it with information and assistance. Requires the Director also to identify promising initiatives, coordinate the Fund's work with that of the Fund for the Improvement of Postsecondary Education, and perform other specified duties.
Directs the Board to advise the Secretary and the Congress, in January of each year, of its priorities for the improvement of education and their implications for the Fund. Requires the Director, by the end of each calendar year, to report to the Congress on the projects funded for that year.
Requires the Director to establish review and evaluation procedures for grants and contracts under this part. Sets forth considerations for the Director and the Secretary in reviewing project proposals. Sets forth personnel provisions.
Directs the Secretary to ensure that exemplary projects developed with assistance under this part are made available to higher education institutions and SEAs and LEAs.
Directs the Secretary to report to the Congress on programs under this part by June 1, 1990. Requires project administrators to report annually.
Provides for Fund coordination with the Fund for the Improvement of Postsecondary Education.
Subpart 4: General Provisions - Sets forth grant conditions and rules for distribution of grant funds under this part.
Authorizes appropriations for FY 1989 through 1993 to carry out this part. Reserves specified amounts for dissemination and reporting activities and for the family-school partnership program.
Part C: National Assessment of Educational Progress - National Assessment of Educational Progress Improvement Act - Amends the General Education Provisions Act (GEPA) to transfer and revise provisions relating to the National Assessment of Educational Progress (NAEP).
Places the NAEP in the National Center for Educational Statistics (the Center). Requires the NAEP to report directly to the Commissioner for Educational Statistics (the Commissioner).
Directs the Commissioner, with the advice of the National Assessment Governing Board (the Board), to carry out the NAEP by grants, contracts, or cooperative agreements with qualified organizations or consortia.
Requires the NAEP to assess the performance of children and adults in the basic skills of reading, mathematics, science, writing, history/geography, and other Board-selected areas.
Requires that NAEP data be collected and reported on a national, regional, and State basis: (1) at least once every two years in the areas of reading and mathematics; (2) at least once every four years in the areas of writing and science; (3) at least once every six years in the areas of history/geography and other Board selected areas. Requires the NAEP to collect and report data every two years on students at ages 9, 13, and 17 and in grades 4, 8, and 12. Requires the NAEP to report achievement data on a basis that ensures valid reliable trend reporting. Requires the NAEP to include information on special groups. Requires the Secretary and the Board to assure that at least one of the subject matters in each of the four and six year cycles will be included in each two year cycle Assessment.
Directs the NAEP to develop trial assessments of mathematics (in 1990 and 1992) and reading (in 1992) for specified grades in States which wish to participate to determine if such assessments yield valid, reliable State representative data. Directs the Commissioner to provide for an independent evaluation of the pilot programs by a nationally recognized organization (such as the National Academies of Sciences or Education). Requires such evaluation report to: (1) describe technical problems and how best to report the data; and (2) be submitted to the Congress and participating States within 18 months of the time such assessments were conducted.
Authorizes NAEP to develop and conduct, upon Board direction and subject to availability of funds, assessments of adult literacy.
Sets forth other duties of, and restrictions on, the NAEP.
Establishes the National Assessment Governing Board (the Board) to formulate policy guidelines for the NAEP.
Grants the Board final authority on the appropriateness of cognitive items. Requires the Board to ensure that all selected items are free from racial, cultural, gender, or regional bias. Requires that each learning area assessment have goal statements devised through a national consensus approach.
Directs the Secretary to report to the Board regularly on the Department of Education's implementation of Board decisions.
Makes voluntary: (1) SEA and LEA participation in the National and Regional Assessments; and (2) State participation in assessments made on a State basis. Sets forth provisions for agreements with States for State assessments and for the non-Federal share of the costs of such assessments.
Directs the Commissioner to provide for continuing reviews of the NAEP, including validation studies by the Center and solicitation of public comment. Directs the Secretary to report to the Congress, President, and Nation on such reviews. Directs the Commissioner to consider the findings and recommendations of such reviews in designing the competition to select the organization through which the Office of Educational Research and Improvement carries out the NAEP.
Directs the Commissioner, within six months after enactment of this Act, to publish a report setting forth plans for data collection for the 1990 assessment and for including other subject areas in the 1992 and later assessments. Requires the report to include methods for: (1) making reports of NAEP results more readily available and easily understood; and (2) identifying and excluding items reflecting bias. Requires consultation with educators, State education officials, Board members, and the general public in developing such report. Requires that such report be submitted to the Congress and made available to the public. Authorizes the appropriate authorizing congressional committees to request the Secretary to modify the plan in the report. Directs the Secretary to take appropriate actions to carry out the recommendations in the report.
Authorizes the reservation of specified funds for FY 1989 through 1993 to carry out the GEPA provisions relating to the National Assessment of Education Progress (NAEP).
Part D: General Education Provisions Act - Amends the General Education Provisions Act (GEPA) to review part E provisions for enforcement.
Replaces the Education Appeal Board by establishing in the Department of Education an Office of Administrative Law Judges (the Office) to conduct: (1) recovery of funds hearings; (2) withholding hearings; (3) cease and desist hearings; and (4) other proceedings designated by the Secretary.
Requires that administrative law judges of the Office meet requirements under the Administrative Procedure Act. Allows favorable consideration to be given to candidates for such positions with experience in SEAs or LEAs and knowledge of the workings of Federal education programs in such agencies.
Applies specified provisions of the Equal Access to Justice Act relating to costs and fees of parties to the proceedings before the Department of Education.
Allows the judge to order a party to produce information likely to lead to admissible evidence through documents, interrogatories, and depositions. Limits the discovery period to 90 days, with extensions for good cause shown. Empowers the judge to issue subpoenas and apply to the appropriate Federal court for enforcement.
Directs the Secretary to establish a process for the voluntary mediation of disputes pending before the Office. Directs the Secretary, in the mediation of disputes, to consider mitigating circumstances and proportion of harm. Makes evidence of conduct or statements made in compromise negotiations inadmissible in proceedings before the Office, in accordance with a Federal rule of evidence. Limits such mediation to 120 days, with extensions at the mediator's discretion.
Sets forth provisions for recovery of funds. Requires that the Department's preliminary departmental decision (PDD) establish a prima facie case. Provides that recipient failure to maintain records required by law or to allow the Secretary access to such records constitutes a prima facie case. Grants the recipient 30 days from receipt of written notice of such a PDD to file for review by the Office. Requires State recipients in State-administered programs to transmit a copy of such notice within ten days of receipt to any affected subrecipient and to consult with them on whether to apply for Office review. Places the burden of proof in such review on the recipient. Requires a hearing to be set 90 days after receipt of request for review, with waivers of such 90-day requirement at the discretion of the judge for good cause. Provides that the Office's finding of facts shall be conclusive if supported by substantial evidence upon the Secretary's review of its decision. Authorizes the Secretary, for good cause shown, to remand the case to the Office to take further evidence. Authorizes the Office thereupon to make new or modified findings of fact and modify its previous action. Gives parties 30 days to file a petition for review by the Secretary of a decision of the administrative law judges. Prohibits the Secretary from taking collection action if a recipient files a timely: (1) application for review of a PDD, until the Office decision upholding the PDD in whole or part becomes final agency action 60 days after the recipient receives written notice of the decision, unless the Secretary modifies or sets it aside (in which case the Secretary's decision becomes final agency action upon receipt of notice by the recipient), or remands it to the Office; or (2) petition for judicial review, until such review is completed.
Raises from $50,000 to $200,000 the Secretary's authority to compromise a PDD for recovery of funds. Prohibits interest arising from a claim from being charged during administrative review of a PDD.
Sets forth provisions for the measure of recovery of funds. Makes such recovery proportionate to the extent of: (1) harm caused to an identifiable Federal interest associated with the awarding program; and (2) mitigating circumstances in connection with the violation. Sets forth procedures relating to SEA or LEA written requests for guidance by the Department, as these requests bear upon the question of mitigating circumstances.
Sets forth remedies for existing violations. Authorizes the Secretary, whenever the Secretary has reason to believe that any program fund receipient is failing to comply substantially with legal requirements applicable to such funds, to: (1) withhold further payments under that program; (2) issue a complaint to compel compliance through a cease-and-desist order of the Office; (3) enter into a compliance agreement with a recipient; or (4) take any other action authorized by law with respect to the recipient. Provides that such actions, or failure to take such actions, shall not preclude the Secretary from seeking a recovery of funds.
Sets forth provisions for withholding of funds, cease-and-desist orders, and compliance agreements, judicial review, and use of recovered funds.
Title IV: Education for Native Hawaiians - Directs the Secretary to make grants to the State of Hawaii and the Kamehameha Schools/Bernice Pauahi Bishop Estate for specified activities to implement the Kamehameha Elementary Education Project (KEEP) model curriculum in appropriate public schools. Directs the Secretary to ensure that such State has implemented the KEEP curriculum in at least 20 public schools by the 1992-1993 school year. Authorizes appropriations for FY 1988 through 1993 for such grants, of which not more than seven percent may be used for administrative purposes.
Directs the Secretary to make grants to Native Hawaiian Organizations for at least 11 Family-Based Education Centers, including parent-infant and preschool programs and research and assessment activities. Authorizes appropriations for FY 1988 through 1993 for such center grants, of which no more than seven percent may be used for administrative purposes.
Directs the Secretary to make grants to the Kamehameha Schools/Bernice Pauahi Bishop Estate for demonstration programs to provide Native Hawaiian students with: (1) higher education fellowship assistance; and (2) post-bachelor degree program fellowships (in return for professional services to the Native Hawaiian community). Authorizes appropriations for FY 1988 through 1993 for such program grants, of which not more than seven percent may be used for administrative purposes.
Directs the Secretary to provide a grant or contract to the University of Hawaii at Hilo for: (1) the establishment of Native Hawaiian Gifted and Talented Center at such university; and (2) demonstration project to address the special needs of Native Hawaiian elementary and secondary school gifted and talented students and provide support services to their families. Subjects such grant or contract to the availability of appropriations. Sets a three-year term, contingent on satisfactory performance. Directs the Secretary, after the grant or contract term has expired, to provide an annual grant or contract for purposes of such Center and demonstration projects to a public, four-year fully accredited institution of higher education in Hawaii which has made the greatest contribution to Native Hawaiian students. Authorizes the grantees to subcontract when appropriate, including with the Children's Television Workshop. Sets forth authorized uses of funds for such demonstration projects, including public television projects. Directs the Secretary to facilitate the establishment of a national network of Native Hawaiian and American Indian Gifted and Talented Centers and to ensure the ready availability to the education community at large of information developed by such centers. Authorizes appropriations for such projects for FY 1988 through 1993, of which not more than seven percent may be used for administrative purposes.
Directs the Secretary to make grants to and contracts with the State of Hawaii or Native Hawaiian Organizations to operate projects to address the special education needs of Native Hawaiian students. Authorizes appropriations for FY 1988 through 1993 for such projects, of which not more than seven percent may be used for administrative costs.
Sets forth administrative provisions relating to grants and contracts under this title.
Title V: Indian Education - Part A: Bureau and Contract Schools - Indian Education Amendments of 1988 - Amends the Education Amendments of 1978 to require the approval of the tribal governing body before the Secretary of the Interior (the Secretary, for purposes of this part) may terminate, contract, transfer to any other authority, or consolidate or substantially curtail the operation or facilities of: (1) any Bureau of Indian Affairs funded school operated on or after April 1, 1987; or (2) any program of such a school operated on or after April 1, 1987.
Allows a Bureau school to be closed or consolidated, or its programs curtailed because of an immediate health or safety hazard, but only if a Bureau health and safety officer makes such determination. Requires that specified guidelines be used in making such determinations. Directs the Secretary to review such guidelines and publish final regulations by a specified date. Provides that, if such regulations are not published in final form by such date, non-Bureau health and safety inspectors must conduct inspections concerning such determinations. Directs the Secretary to submit to the Congress, within six months after a temporary closure, consolidation, or curtailment of a Bureau school is initiated, a report stating the reasons for such temporary actions and the Secretary's actions to eliminate the hazard, if: (1) a Bureau school is temporarily closed of consolidated, or its programs substantially curtailed, because of an immediate hazard to health and safety; and (2) the Secretary estimates the closure, consolidation, or curtailment will exceed one year.
Provides that the standards for Indian education apply to "contract schools" (currently such standards apply to "Indian-controlled contract schools"). Requires the Secretary to prescribe regulations for the determination of eligibility for schools to become Bureau-funded schools and to expand their programs. Requires that the eligibility determinations be based on specified factors. Sets forth application approval procedures.
Provides that if the school board of the Bureau-funded schools at the Pueblo of Zia and the Tama Settlement vote within two years of the enactment of this Act to expand the schools they shall be so expanded.
Provides that the dormitory criteria may be waived in the same manner as the minimum academic standards. Prohibits closure, the transfer, consolidation, or program-curtailment of any school in operation on or before January 1, 1987, for failure to meet such dormitory criteria. Directs the Secretary to report to the Congress by May 1, 1989, on associated costs and necessary actions for complete compliance with such dormitory criteria.
Makes specified education regulations a part of this Act and limits any change or amendment to them for a specified period (although some of these regulations may only be changed by law even after such period has elapsed). States that, after June 30, 1989, Bureau Indian education regulations may only become effective after being proposed and, following a period for public comment, published as final.
Requires the Secretary, for FY 1990 and each subsequent fiscal year, to adjust the formula for establishing the minimum annual amount of funds for each school according to specified guidelines. Includes weighting the formula for full-time gifted and talented children among such guidelines.
Directs the Comptroller General to: (1) study the needs of preschool handicapped children eligible for Bureau services; and (2) report on such study to the Congress within one year after enactment of this Act.
Requires the Secretary to provide grants to each tribe or tribal organization operating a contract school to pay the indirect and administrative costs of such schools. Provides that the amount of the grant provided to each tribe or tribal organization shall be determined by applying the administrative cost percentage rate of the tribe or organization to each direct cost program for which funds are received from or through the Bureau. Sets forth procedures for applying the administrative cost percentage rate.
Directs the Secretary, upon the enactment of this Act, to conduct studies to establish an empirical basis for determining the required administrative costs of tribal elementary and secondary educational programs. Sets forth guidelines for such studies. Requires the Secretary, no later than October 1, 1989, to submit to the Congress a report on the findings of such studies.
Requires the Secretary, beginning with FY 1989, to include in the Bureau's justification for each appropriations request a projection of the overall costs associated with the formula for tribal elementary or secondary educational programs which the Secretary expects to be funded in the fiscal year for which the appropriations are sought. Sets forth procedures for awarding grants to such schools in FY 1989 through 1991.
Directs the Secretary to reserve for national school board training a specified portion of certain funds for the Indian student equalization formula. Allows each Bureau school to reserve a specified portion of such formula funds for local school board activities.
Provides that, with local school board approval, a specified portion of funds for a Bureau school may remain available without fiscal year limitation.
Sets forth provisions relating to local procurement. Authorizes the supervisor of a Bureau school to expend, without competitive bidding, up to $25,000 of the amount allotted under the allotment formula (currently, $25,000 annually) if for each procurement: (1) the cost of any single item purchased does not exceed $20,000; (2) the school board approves the procurement in advance; (3) the supervisor certifies that the cost is fair and reasonable; (4) the procurement documents cite this provision as authority; and (5) the transaction is documented in a journal, with relevant information.
Sets forth provisions relating to coordinated programs. Directs the Secretary, from specified allotted funds and upon request by the tribal governing body, to implement any cooperative agreement about qualified Bureau-operated education programs, entered into among the tribe, the Bureau school board and the local public school district. Sets forth the authorized scope of, and requirements for, such agreements.
Requires all actions under specified provisions of the Education Amendments of 1978 to be done with active consultation with the tribes.
Sets forth provisions relating to Indian employment preference.
Directs the Secretary to study and gather information on personnel compensation in Bureau-funded schools for a report to the Congress due within six months after enactment of this Act. Requires such report to compare such compensation with that for the nearest comparable successful public schools and Department of Defense-operated schools within the United States. Sets forth provisions for funding, staff, and contracts for such report. Authorizes the Secretary to conduct other studies of personnel compensation and recruitment in Bureau-funded and public schools.
Revises provisions for regular compensation of Bureau educators. Directs the Secretary to compensate Bureau teachers and counselors at the rates: (1) for comparable positions in overseas schools under the Defense Department Overseas Teachers Pay and Personnel Practices Act; or (2) established, within a six-month period beginning on the enactment date of this Act, through collective bargaining with the appropriate Bureau-recognized union representative of the education employees. Provides for a phase-in of such changes in wage rates.
Sets forth provisions relating to nonvoluntary furloughs. Limits such furloughs to no more than four weeks unless: (1) the supervisor of the Bureau school (with the approval of the local school board, or of the agency superintendent for education upon appeal) determines that a longer one is necessary due to a funds shortage; and (2) all educators (other than principals and clerical employees) at such school are placed on furloughs of equal length.
Sets forth provisions relating to post differentials. Directs the Secretary, upon request of the supervisor and local school board, to grant the school supervisor authorization to provide one or more differentials, unless the Secretary determines that no disparity of compensation exists and follows specified procedures. Authorizes the Secretary or supervisor to discontinue or decrease a post differential if: (1) they determine that no compensation disparity would affect employee recruitment or retention; or (2) the local school board requests such action. Directs the Secretary to report annually to the Congress on such requests and grants of authority for post differentials.
Establishes an early childhood development program. Directs the Secretary to make grants to tribes, tribal organizations, and consortia thereof to fund early childhood development programs operated by such entities. Bases the amount of such a grant on the number of children under six years of age who are members of such entities. Prohibits such grants to any such entity with fewer than 500 total members (of any age). Sets forth application and program requirements . Authorizes appropriations for FY 1989 and each succeeding fiscal year for such grants program.
Defines Bureau funded school, Bureau school, and contract school.
Sets forth provisions relating to sequestration orders issued under the Balances Budget and Emergency Deficit Control Act of 1985 (the Gramm-Rudman-Hollings Act) which reduce the amount available for allotment under the Indian student equalization formula. Authorizes the Secretary, if the sequestration reduces such funds by more than seven percent to the amount available for the allotment during the preceding fiscal year, to: (1) use funds available due to a school closure or consolidation or school program curtailment to fund such allotments; and (2) waive certain notice and study requirements prior to such closures, consolidations, or curtailments.
Sets forth provsions relating to tribal departments of education. Directs the Secretary to provide grants and technical assistance to tribes to develop and operate such departments to plan and coordinate all tribal educational programs. Sets forth application and program requirements and priorities. Provides such grants for three-year periods, with a renewal for additional three-year terms if grantee performance is satisfactory. Authorizes appropriations for a such purposes.
Sets forth provisions relating to school boundaries. Authorizes the relevant school boards of the Bureau-funded schools on an Indian reservation where there is more than one such school to, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Directs the Secretary to accept any such boundaries so established.
Part B: Tribally Controlled School Grants - Tribally Controlled Schools Act of 1988 - Declares the commitment of the Congress to maintain the Federal Government's trust relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy for education. Affirms that the educational needs of the Indian peoples can best be met through a grant process. Repudiates the unilateral termination of Federal relations with any Indian nation.
Directs the Secretary of the Interior (the Secretary, for purposes of this part) make grants to Indian tribes and tribal organizations that operate eligible tribally controlled schools and apply for such grants to defray expenditures for education-related activities and support services. Limits an Indian tribe or tribal organization to one grant for any fiscal year. Prohibits the use of funds from such grants for religious worship or sectarian instruction. Limits expenditures for administrative cost. Limits the transfer of funds among schoolsites. Makes application for or acceptance of such grants strictly voluntary. Prohibits grants from terminating, modifying, suspending or reducing the Federal responsibility to provide a program. Sets forth procedures for program retrocession requests. Prohibits grants from being terminated, modified, suspended, or reduced only for the convenience of the administering agency.
Sets forth provisions for composition of grants and allocation of grant funds.
Sets forth eligibility criteria. Makes a tribally controlled school eligible for grant assistance, in general, if it: (1) on the enactment date of this Act, received funds under the Indian Self-Determination and Education Assistance Act; (2) was operated by the Bureau and has met specified requirements; (3) is a school for which the Bureau has not provided funds, but which has met specified requirements; or (4) is a school with respect to which a specified election has been made and which has met specified requirements. Sets forth additional requirements for Bureau schools and certain electing schools. Sets forth additional requirements for schools that have not received Bureau funds. Provides that a school for which the Bureau has not provided funds meets the eligibility requirements for grants if the Indian tribe or tribal organization that operates the school requests the Secretary to determine whether it qualifies for grants to defray expenses, and the Secretary determines that it is. Sets forth the factors the Secretary must consider in reviewing such requests.
Sets forth provisions relating to the duration of the eligibility determination.
Requires each grant recipient to submit to the Secretary an annual report comprising: (1) an annual financial statement; (2) a biannual financial audit; (3) an annual submission of the number of students served and a description of programs offered; and (4) a program evaluation conducted by an impartial entity.
Prohibits the Secretary from revoking such a determination if: (1) the Indian tribe or tribal organization submits specified reports; and (2) specified requirements regarding accreditation, certification, or evaluation of the school are met. Sets forth the procedures for the Secretary to provide notice and opportunity for remedial action to a school before revoking a determination of grant eligibility.
Sets forth provisions relating to payment of grants, investment of funds, and recoveries.
Makes specified provisions of the Indian Self-Determination and Education Assistance Act, except those pertaining to indirect costs and length of contract, applicable to grants under this part. Prohibits contract funds under such Act from being used to pay expenses of a program or service if a grant has been made to pay for such expenses.
Requires that applications for grants under this part be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education. Requires that required reports be submitted to education personnel under the control of the Director of the Office of Indian Education. Requires that required reports be submitted to education personnel under the direction and control of such Director.
Authorizes the Secretary to issue regulations relating to the discharge of duties specifically assigned to the Secretary by this part. Prohibits the Secretary from issuing regulations in all other matters relating to the details of planning, developing implementing, and evaluating grants under this part. Provides that regulations issued pursuant to this part shall not have the standing of a Federal statute for purposes of judicial review.
Part C: Department of Education - Indian Education Act of 1988 - Subpart I: Financial Assistance to Local Educational Agencies for the Education of Indian Children - Requires the Secretary of Education (the Secretary for purposes of this part) to make grants to LEAs to develop elementary and secondary school programs to meet the special needs of Indian students.
Requires the Secretary, for any fiscal year for which grant appropriations are authorized, to determine the number of Indian children enrolled in the schools of an LEA for whom it provided free public education. Requires the Secretary to allocate appropriated funds to LEAs according to a specified formula. Prohibits an LEA, with specified exceptions, from receiving such grants unless it has at least ten Indian children or they constitute at least 50 percent of its total enrollment. Sets forth a formula for determining the average per pupil expenditures for an LEA.
Authorizes appropriations for the Secretary to also provide grants to schools which: (1) are located on or near reservations, or in Alaska, California, or Oklahoma; and (2) are not LEAs or have not been such agencies for more than three years.
Authorizes appropriations for the Secretary to make grants to LEAs for demonstration projects to improve educational opportunities for Indian children.
Sets forth authorized uses of grants under this subpart.
Sets forth grant application requirements and conditions for approval.
Directs the Secretary to require that each grant application include a form for each Indian child establishing its eligibility status as an eligible Indian child and other specified information. Requires the Secretary to establish a method of auditing annually a sample of at least one-fourth of the LEAs receiving such grants and to submit an annual report on the findings to the Congress. Sets forth penalties for false information.
Requires the Secretary to make payments to LEAs in an amount equal to what each agency is expected to expend on activities under its application. Requires that the combined fiscal effort of the LEA and the State for the preceding fiscal year be at least 90 percent of such combined fiscal effort for the second preceding fiscal year. Directs the SEA to reduce, with specified exceptions, the allocation of funds to LEAs by a specified amount if it fails to maintain expenditures at the 90 percent level.
Authorizes appropriations for FY 1988 through 1993 to make payments under this subpart. Sets forth reallocation provisions.
Subpart 2: Special Programs and Projects to Improve Educational Opportunities for Indian Children - Sets forth provisions for improvement of educational opportunities for Indian children.
Requires the Secretary to make grants to improve educational opportunities for Indian children through: (1) planning, pilot and demonstration projects; (2) programs to stimulate educational services not available to Indian children in sufficient quantity and quality, and exemplary educational programs and serving as models for regular school programs; (3) preservice and inservice training programs; and (4) the dissemination of program information and materials.
Authorizes the Secretary to make grants to SEAs, LEAs, federally supported schools for Indian children, and Indian tribes, organizations, and institutions for planning, pilot, and demonstration projects to test the effectiveness of: (1) programs for educationally deprived children; (2) bilingual and bicultural education programs; (3) special health and nutrition services; and (4) coordination of other federally assisted programs.
Authorizes the Secretary to make grants to SEAs, LEAs, and to tribal and other Indian community organizations for educational services and programs to improve educational opportunities for Indian children. Sets forth authorized uses of such grants. Authorizes the Secretary also to make grants to consortia of Indian tribes or tribal organizations, LEAs, and institutions of higher education for a program to: (1) encourage Indian students to acquire a higher education; and (2) reduce the incidence of dropouts among elementary and secondary school students.
Authorizes the Secretary to make grants to institutions of higher education, and to SEAs and LEAs in combination with such institutions to: (1) prepare teachers, administrators, teacher aides, social workers, and ancillary personnel to serve Indian students; and (2) improve the qualifications of such persons. Authorizes such grants to establish fellowship programs, institutes, seminars, symposia, workshops, and conferences. Provides that preference shall be given to the training of Indians in such programs.
Authorizes the Secretary to make grants and contracts with various entities to establish information centers to: (1) evaluate programs assisted under this Act and other Indian education programs; (2) provide technical assistance; and (3) disseminate information on Federal education programs affecting the education of Indian children and adults. Limits such grants or contracts to three years.
Authorizes the Secretary to make grants and contracts with various entities for: (1) the national dissemination of information on education programs for Indian children; and (2) the evaluation of the effectiveness of federally assisted programs in which Indian children may participate.
Sets forth grant application requirements. Requires the Secretary to give priority to grant applications from Indian educational agencies, organizations, and institutions.
Authorizes applications for fiscal years through FY 1993 for these various grant programs.
Sets forth provisions for special educational training programs for the teachers of Indian children. Authorizes the Secretary to make grants and contracts to institutions of higher education and Indian organizations and tribes to: (1) prepare individuals for teaching or administering special programs to meet the educational needs of Indian people; and (2) provide in-service training for persons in such programs. Authorizes the Secretary, in carrying out such provisions, to award fellowships and traineeships to individuals (with preference to Indians, and with stipends and dependent allowances), and to make grants and contracts to institutions of higher education and Indian organizations and tribes for the costs of education allowances. Authorizes appropriations for fiscal years through FY 1993 for teacher training program grants.
Sets forth provisions for fellowships for Indian students. Authorizes the Secretary, in each fiscal year through FY 1993, to award such fellowships for graduate and professional study in specified fields (with undergraduate study in some specified fields). Sets forth provisions for stipends and for payments to institutions in lieu of tuition. Provides for priority award of up to ten percent of such fellowships for training in guidance counseling with a speciality in alcohol and substance abuse counseling and education. Authorizes appropriations for FY 1989 through 1993 for such fellowship program.
Sets forth provisions relating to the education of gifted and talented Indian children.
Requires the Secretary to establish two centers for gifted and talented Indian students at tribally controlled community colleges.
Directs the Secretary to award separate grants or contracts for establishment of such centers, and for demonstration projects addressing the special needs of gifted and talented Indian students (with support services for their families). Requires award of such grants or contracts to: (1) two tribally controlled colleges that are fully accredited and eligible for funding under the Tribally Controlled Community College Assistance Act of 1978; or (2) if acceptable applications are not submitted by two such colleges, the American Indian Higher Education Consortium. Permits grant or contract recipients to contract with others, including the Children's Television Workshop. Sets forth some types of such demonstration projects. Authorizes the Secretary, in consultation with the Secretary of the Interior, to provide five grants to Bureau-funded schools for program research and development, and development and dissemination of curriculum and teacher training material, regarding: (1) gifted and talented students; (2) college preparatory studies (including programs for Indian students interested in teaching careers); (3) students with special culturally-related academic needs; and (4) mathematics and science education. Sets forth application and grant requirements. Directs the Secretary to encourage persons receiving grants or contracts under these provisions to work cooperatively as a national network to make the information they develop readily available to the entire educational community. Authorizes appropriations for FY 1988 through 1993 for carrying out these provisions for gifted and talented and other programs.
Subpart 3: Special Programs Relating to Adult Education for Indians - Sets forth provisions for improvement of educational opportunities for adult Indians.
Requires the Secretary to award grants to SEAs and LEAs and to Indian tribes, institutions, and organizations, for: (1) planning, pilot, and demonstration projects to test the effectiveness of programs for improving employment and educational opportunities for adult Indians; (2) programs to stimulate literacy opportunities and opportunities for all Indian adults to qualify for a high school equivalency certificate; (3) a major research and development program to develop more innovative and effective techniques for achieving the literacy and high school equivalency goals; (4) surveys and evaluations of the extent of illiteracy and lack of high school completion among Indians; and (5) dissemination of information and materials on, and evaluation of, programs which amay offer educational opportunities for adult Indians.
Authorizes the Secretary to make grants to Indian tribes, institutions, and organizations for educational services and programs for Indian adults.
Authorizes the Secretary also to make grants and contracts to public agencies and institutions, and Indian tribes, institutions, and organizations, for: (1) disseminating information about educational programs for Indian adults; and (2) evaluating federally assisted programs in which Indian adults may participate.
Sets forth application requirements.
Authorizes appropriations for FY 1989 through 1993 for such special programs for adult education of Indians.
Subpart 4: Program Administration - Establishes an Office of Indian Education in the Department of Education (transferring such establishment from the purview of another Act).
Provides that the Director of such Office shall be appointed by the Secretary from a list of nominees submitted by the National Advisory Council on Indian Education. Sets forth the Director's duties.
Requires all professional staff of such Office to have experience with Indian education programs. Requires that preference be given to Indians in all personnel actions within the Office. Provides for a one-time preference for qualified non-Indians serving in such Office on the enactment date of this Act who desire to take another position for which there is a vacancy in the Department but not in such Office.
Establishes the National Advisory Council on Indian Education (transferring such establishment from the purview of another Act). Requires such Council to: (1) advise the Secretary on the administration and adequate funding of programs in which Indian children or adults participate; (2) review applications for assistance from the Office; (3) evaluate Department of Education programs for Indian children or adults; (4) provide technical assistance to local and Indian educational agencies; (5) help develop criteria and regulations for evaluating and administering program grants; (6) submit an annual report to the Congress; and (7) submit to the Secretary a list of nominees for the position of Director of the Office of Indian Education whenever a vacancy occurs. Sets forth Council contracting and funding provisions.
Authorizes appropriations for FY 1989 through 1993 for this subpart.
Subpart 5: Miscellaneous - Sets forth definitions relating to this part.
Repeals the Indian Elementary and Secondary School Assistance Act. Repeals specified provisions of the Elementary and Secondary Education Act of 1965, the Adult Education Act, and the Indian Education Act.
Part D: Miscellaneous Provisions - Amends the Navajo Community College Act to include (under the authorization of appropriations for grants to such college) funds for: (1) maintenance and operation; (2) capital improvements; (3) mandatory payments; and (4) supplemental student services.
Amends such Act and the Tribally Controlled Community College Assistance Act of 1978 to prohibit the Secretary of the Interior, in disbursing specified funds, from using any method of payment not used during FY 1987. Provides that any interest or investment income that accrues on such funds shall be the property of the pertinent college. Sets forth fund investment limitations.
States that funds provided under such Acts may be treated as non-Federal, private funds of the college, and that funds provided by the Bureau for adult vocational education to any vocational school may be treated as non-Federal or private funds of such school.
Prohibits the Secretary of the Interior (the Secretary, for purposes of this part) from disqualifying from continued receipt of general assistance payments from the Bureau an otherwise eligible Indian for whom the Bureau has been making general assistance payments for at least three months because the individual is enrolled for at least half-time study or training in: (1) a college assisted by the Bureau under the Tribally Controlled Community College Assistance Act of 1978; (2) an institution of higher education or a vocational school; (3) a course the Secretary determines will lead to a high school diploma or an equivalent certificate; or (4) other programs or training approved by the Secretary.
Prohibits the Secretary, in determining the amount of general assistance provided by the Bureau, from including consideration of: (1) additional expenses in connection with a specified training program; and (2) the amount of any financial assistance received by the individual as a student or trainee.
Authorizes the Secretary to permit tribal, student, and other non-Federal organizations to use facilities, lands, and equipment administered by the Bureau if it does not interfere with the purpose for which such facilities, land, and equipment are administered by the Bureau. Permits user fees to be charged in such cases.
Sets forth provisions relating to the Institute of American Indian and Alaska Native Culture and Arts Development (the Institute). Amends provisions of the Higher Education Amendments of 1986 relating to the Institute. Sets June 30, 1989, as the date on which all civil service positions at the Institute shall terminate. Revises provisions relating to the funding of the endowment program. Authorizes appropriations for the Institute. Sets forth provisions for unobligated appropriations. Makes the Institute responsible for all its obligations incurred after a specified date, and the Secretary of the Interior responsible for those incurred on or before such date. Requires the Institute to account for non-Federal funds separately from Federal funds. Revises the deadline for Institute submission of a budget prosposal to the Secretary of the Interior.
Part E: White House Conference on Indian Education - Requires the President to call a White House Conference on Indian Education to be held not earlier than September 1, 1989, and not later than September 30, 1991. Declares that the purpose of such conference shall be to: (1) explore the feasibility of establishing an independent Board of Indian education to assume responsibility for all Federal programs relating to the education of Indians; and (2) develop recommendations for the improvement of education programs to make the programs more relevent to the needs of Indians. Sets forth the composition of such Conference.
Provides that if the President calls the Conference the Secretary of the Interior and the Secretary of Education shall establish the Interagency Task Force on the White House Conference on Indian Education which shall: (1) request the cooperation of other Federal departments and agencies; (2) prepare background materials for the use of Conference participants; (3) make technical and financial assistance available to the States and intertribal organizations to enable them to prepare for the Conference; and (4) conduct fiscal oversight activities regarding the preparation for and convening of the Conference. Requires each Federal agency to provide assistance to the Task Force upon request. Authorizes the Commissioner of the Administration for Native Americans and the Director of the Indian Health Service of the Department of Health and Human Services to detail personnel to the Task Force.
Requires a final report of the Conference to be submitted to the President not later than 120 days following the close of the Conference, and to be transmitted to the Congress, with the President's recommendations, within 90 days after receipt by the President.
Establishes an Advisory Committee of the Conference to assist and advise the Task Force.
Authorizes the Task Force to accept grants, gifts, or bequests of money for immediate disbursement in furtherance of the Conference. Authorizes appropriations for FY 1988 through 1990 to carry out this part.
Title VI: General and Miscellaneous Provisions - Part A: Miscellaneous Education Provisions - Subpart 1: Education for the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (P.L. 100-77) to require estimates of the number of homeless adults to be included in applications for grants for programs of literacy training and basic skills remediation for homeless adults. Directs the Secretary of Education (the Secretary, for purposes of this title) to give special consideration to such estimates in making such grants.
Subpart 2: Special Grant Program - Authorizes the Secretary to make a grant for a project of national significance to develop or demonstrate new or improved techniques for education and training of individuals who are at risk. Includes among such individuals: (1) infants, toddlers, children, youth and adults with disabilities; and (2) infants with limited English proficiency. Allows such project to include a statewide: (1) delivery system for adoptive technology (including alternative communication systems) for severely handicapped infants, toddlers, children, youth, and adults; and (2) comprehensive plan to strengthen and coordinate special education and related services for handicapped youth to assist in the transition to postsecondary education, vocational training, competitive employment (including supported employment), continuing education, or adult services. Sets forth application requirements. Requires the award of such grant to a predominantly rural centrally located western State which has a high birthrate and a low per pupil expenditure. Authorizes appropriations for FY 1989 for such grant.
Part B: Requirements for Common Carriers with Respect to Dial-A-Porn - Amends the Communications Act of 1934 to prohibit a common carrier, to the extent technically feasible, from providing access to commercial pornographic information services from the telephone of any subscriber who has not requested access to such communication if the carrier collects from subscribers an identifiable charge for such communication that it remits, in whole or part, to the communication provider. Limits the causes of action, except for declaratory judgment or similar relief, which may be brought against a common carrier for restrictions or permissions of access taken in good faith in the light of such prohibition. Allows providers of communications to bring actions for declaratory judgment or similar relief with respect to whether its communications are for subscribers who have previously requested them and are thus exempt from the prohibition.
Part C: Studies - Provides for an Even Start program study. Directs the Secretary to provide for an independent evaluation of a representative sample of Even Start programs operated by LEAs (under part B, chapter 1, title I of ESEA) to determine their effectiveness in providing: (1) services to special populations; (2) adult education services; (3) parent training; (4) home-based programs involving parents and children; (5) coordination with related personnel; and (6) training of related personnel. Sets forth evaluation criteria. Directs the Secretary to report evaluation results to the Congress. Requires submission of the evaluations to the National Diffusion Network for possible dissemination.
Provides for a student dropout study. Directs the Secretary to evaluate programs funded under title VI (Projects and Programs Designed to Address School Dropout Problems and to strengthen Basic Skills Instruction). Directs the Secretary to take into account data collected from the national school dropout study and incorporate information from any locally conducted evaluations and other objective evidence. Requires evaluation results to be made available to the Congress, SEAs, and the National Diffusion Network.
Provides for a study of the State Operated Program for Handicapped Children under chapter 1, title I of ESEA. Directs the Comptroller General to conduct such study and report its findings to specified congressional committees by January 30, 1989. Sets forth required study components. Requires the report to include a State-by-State analysis and recommendations.
Directs the Secretary to conduct a study of tutoring programs for eligible participants under chapter 1 (Financial Assistance to Meet Special Educational Needs of Children) of title I of ESEA carried out by students in institutions of higher education. Sets forth study components. Directs the Secretary to report the study results to the Congress within one year after enactment of this Act.
Provides for a study of local use of funds under chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of ESEA. Requires recipient LEAs to report annually to the SEA on use of funds for local targeted assistance programs. Requires recipient SEAs to evaluate annually the effectiveness of State and local programs under chapter 2. Requires such evaluations to be submitted for review by the State advisory committee and made available to the public. Directs the SEA to submit to the Secretary a copy of such evaluations and a summary of the local reports. Directs the Secretary, to develop a model system which SEAs may use for data collection and reporting under chapter 2. Directs the Secretary to submit by October 1990 and October 1992 to the appropriate congressional committees a report summarizing such SEA evaluations and providing a national overview of chapter 2 fund uses and program effectiveness.
Provides for a national study of effective schools programs. Directs the Secretary, from chapter 2 funds, to contract with a qualified organization or agency to conduct such study. Sets forth study requirements.
Provides for a study of fund distribution. Directs the Secretary to study the methods used for allocation of funds among the States in the various programs of financial assistance to elementary and secondary education administered by the Department. Requires the study to: (1) consider whether States and local school districts should be rewarded for making greater tax and fiscal efforts in support of general elementary and secondary education through adjustment of allocations under various Federal programs; and (2) investigate various methods of defining tax and fiscal efforts. Allows such study to consider other issues relating to fund allocation, such as the reliability and currency of poverty data used for allocations under chapter 1, title I of ESEA. Directs the Secretary to submit an interim report on June 30, 1990, and a final report by June 30, 1991.
Provides for a study of women's educational equity. Directs the Secretary, by September 30 of each of the years 1988 through 1993, to: (1) report to the President and the Congress on the programs and activities assisted under part A (Women's Educational Equity) of title IV of ESEA; and (2) provide for distribution of this report to all interested groups and individuals, including appropriate congressional committees, from funds authorized under such part.
Provides for an immigration education report and assessment. Requires each SEA receiving funds under part D (Immigrant Education) of title IV of ESEA to report annually to the Secretary on expenditure of funds by LEAs under such part. Requires LEAs to submit to the SEA information necessary for such report. Directs the Secretary to report biennially to the appropriate congressional committees on programs under such part. Directs the Comptroller General to review and assess programs under such part and submit findings to the appropriate congressional committees by March 15, 1991.
Provides for reports on the education of Indian children. Directs the Assistant Secretary of the Interior for the Bureau of Indian Affairs to submit each such report by September 30 of every other year to the appropriate congressional committees, the President, and the Secretary. Requires such report to assess: (1) the needs of Indian children with respect to the purposes of title IV of this Act in schools operated or funded by the Department of the Interior, including tribes and LEAs receiving assistance under the Johnson-O'Malley Act; and (2) the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior.
Provides for research relating to bilingual education. Directs the Secretary, through competitive contracts, to provide financial assistance for bilingual education research and development proposals submitted by institutions of higher education, private for-profit and nonprofit organizations, SEAs, LEAs, and individuals. Sets forth authorized research activities relating to bilingual education, including operation of a clearinghouse. Sets forth provisions for consultation delegation of authority, and publication of proposals. Declares that the Secretary is not authorized to conduct or support studies or analyses of educational textbook content under such research provisions.
Provides for a bilingual education training fellowship impact study. Directs the Secretary, by grant or contract, to study the impact on bilingual education of recipients of advanced study fellowships under bilingual education provisions of ESEA. Requires submission of the report by December 31, 1991, with copies sent to the appropriate congressional committees.
Provides for a report on bilingual education. Directs the Secretary to report by June 30, 1991, and June 30, 1992, to the appropriate congressional committees and the President on the condition of bilingual education in the Nation and the administration and operation of title VII (Bilingual Education Programs) of ESEA and of other programs for persons of limited English ability. Sets forth required contents of such report.
Provides for a joint study of adult education and literacy program services. Directs the Secretary, in conjunction with the Secretaries of Labor and of Health and Human Services, to: (1) conduct a joint study of Federal funding sources for and services for adult education programs currently available, including literacy initiatives offered by public and private agencies; and (2) jointly act to facilitate interagency coordination. Requires that appropriate local and State officials be involved in such study. Requires a report on such study to the appropriate congressional committees within 24 months after enactment of this Act.
Provides for a report on projects developed with assistance from the Fund for the Improvement and Reform of Schools and Teaching under part B of title III of this Act. Directs the Secretary to ensure that information on exemplary projects developed with such assistance is made available to institution of higher education and SEAs and LEAs. Directs the Secretary to submit a final report by June 1, 1990, to the appropriate congressional committees on the programs receiving such assistance and their success in improving education. Requires project administrators, as a condition of continued funding after the first year of a multiyear project, to report annually on activities conducted and progress made toward goals described in the application.
Directs the Comptroller General to study the need for impact aid for school construction as authorized by Public Law 815. Requires a report on such study, with recommendations within one year after enactment of this Act. Sets forth the required contents of such study.
Part D: General Provisions - Sets forth provisions relating to definitions and effective dates.
Makes any new spending authority provided under this Act effective for any fiscal year only to the extent and in such amounts as are provided in appropriation Acts.