document resume - eric · document resume ed 293 639 ps 017 289 title federal aid to elementary and...

DOCUMENT RESUME

ED 293 639 PS 017 289

TITLE Federal Aid to Elementary and Secondary Education: ASide-by-Side Comparison of Current Law with H.R. 5,as Passed by the House of Representatives (The SchoolImprovement Act of 1987) and by the Senate (TheRobert T. Stafford Elementary and Secondary EducationImprovement Act of 1987). CRS Report for Congress.(RPvised Edition).

INSTITUTION Library of Congress, Washington, D.C. CongressionalResearch Service.

REPORT NO EPW-88-41PUB DATE 4 Jan 88NOTE 409p.PUB TYPE Legal/Legislative/Regulatory Materials (090)

EDRS PRICE MF01/PC17 Plus Postage.DESCRIPTORS Adult Education; American Indian Education; Bilingual

Education; Block Grants; Comparative Analysis;Curriculum; Disadvantaged; Drug Education;*Elementary Secondary Education; *Federal Aid;*Federal Legislation; *Federal Programs; Gifted;*Hawaiians; Immigrants; State Programs

IDENTIFIERS Congress 100th

ABSTRACTThis report provides an overview of major differences

between current law and the House and Senate versions of educationallegislation (H.R. 5) expected to be considered early in the secondsession of the 100th Congress, as well as a side-by-side comparisonof the current and proposed legislation. Program areas covered inboth the overview and the comparison include: (1) education ,,r thedisadvantaged, including grants to local education agencies, stateagency programs, Even Start, dropout prevention and secondary schoolbasic skills instruction, and general provisions; (2) state educationblock grant; (3) bilingual education; (4) science, mathematics, andforeign language education; (5) adult education; (6) impact aid; (7)magnet schools; (8) gifted and talented education; (9) drug abuseeducation; (10) immigrant education; (11) Indiar and Native Hawaiianeducation; (12) special programs, including effective schools,Ellender Fellowships, family-school partnership, the Excellence inEducation Program, the Fund for the Improvement and Reform of Schoolsand Teaching, optional tests for educational excellence, parentalchoice open enrollment demonstration, rural education opportunities,Secretary's Fund for Innovation in Education, territorial assistance,women's educational equity; (13) administrative provisions, includingaudits, Center for Education Statistics, and National Assessment ofEducational progress; (14) vocational education; (15) comprehensivechild development program; (16) education and training of disabledpersons; and (17) obscene telephone calls. (RH)

***********************************************************************

Reproductions supplied by EDRS are the best that can be madefrom the original document.

***********************************************************************

88-41 EPW

CRS REPORT FOR CONGRESS

U.S. DEPARTMENT OF EDUCATIONOffice of Educational Research and ImprovementEDUCATIONAL RESOURCES INFORMATION

CENTER (ERIC))<This document has been reproduced as

received from the person or organizationoriginating it

C' Minor changes have been made to improvereProduction quality

Points of view or opinions stated in thisdocument do not necessarily represent officialOER1 positio.1 or policy

FEDERAL AID TO ELEMENTARY AND SECONDARY EDUCATION: A SIDEBYSIDE COMPARISONOF CURRENT LAW WITH H.R. 5, AS PASSED BY THE HOUSE OF REPRESENTATIVES (THE

SCHOOL IMPROVEMENT ACT OF 1987) AND BY THE SENATE (THE ROBERT T.STAFFORD ELEMENTARY AND SECONDARY EDUCATION IMPROVEMENT ACT OF 1987)

by

The Education SectionEducation and Public Welfare Division

and Selected Other Specialists

bONGRESSIONAtZ.RESEARCH.' -SERVICETHE LIBRARY'OF CGNGRESS.

November 27, 1987Revised January 4, 1988

04.

3EST COPY AVAILABLE

CONTENTS(with contributing authors)

ABSTRACT iii

INTRODUCTION 1

OVERVIEW OF MAJOR DIFFERENCES BETWEEN CURRENT LAW AND THE TWO VERSIONS OFH.R. 5 3

EDUCATION FOR THE DISADVANTAGEDGRANTS TO LOCAL EDUCATIONAL AGENCIES (Wayne Riddle) 23STATE AGENCY PROGRAMS (Bob Lyke, Charlotte

Fraas, and Wayne Riddle) 35EVEN START (Wayne Riddle) 46DROPOUT PREVENTION AND SECONDARY SCHOOL BASICSKILLS INSTRUCTION (Bob Lyke) 47GENERAL PRC VISIONS (Wayne Riddle) 59

STATE EDUCATION BLOCK.CRANT (Paul Irwin) 63

BILINGUAL EDUCATION . (Ruby Ann Esquibeland Rick Holland) 78

SCIENCE, MATHEMATICS, AND FOREIGN LANGUAGE EDUCATION..(James Stedman andWayne Riddle) 88

ADULT EDUCATION (Paul Irwin) 100

IMPACT AID (Michael O'Grady)... 115

MAGNET SCHOOLS (James Stedman) 124

EDUCATION OF THE GIFTED AND TALENTED (Angela Evans) 127

DRUG ABUSE EDUCATION (Edward Klebe) 131

IMMIGRANT EDUCATION (Ruby Ann Esquibeland Rick Holland) 137

INDIAN AND NATIVE HAWAIIAN EDUCATION (Paul Irwin,K. Forbis Jordan, and Wayne Riddle) 140

CRS-vi

SPECIAL PROGRAMSEFFECTIVE SCHOOLS (James Stedman) 170ELLENDER FELLOWSHIPS (Wayne Riddle) 171

FAMILY-SCHOOL PARTNERSHIP (James Stedman) 172

EXCELLENCE IN EDUCATION PROGRAM (James Stedman) 173

rUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLSAND TEACHING (James Stedman)OPTIONAL TESTS FOR EDUCATIONAL EXCELLENCE (James Stedman)....PARENTAL CHOICE OPEN ENROLLMENT DEMONSTRATION (James Stedman)RURAL EDUCATION OPPORTUNITIES (Paul Irwin)SECRETARY'S FUND FOR INNOVATION IN EDUCATION., ..(James Stedman)TERRITORIAL ASSISTANCE (Wayne Riddle)WOMEN'S EDUCATIONAL EqUITY (Bob Lyke)

174

175

176

177

178179

180

ADMINISTRATIVE PROVISIONSAUDITS (Angela Evans) 188(NATIONAL) CENTER FOR EDUCATION STATISTICS (Paul Irwin) 199NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (Paul Irwin) 207

VOCATIONAL EDUCATION (Paul Irwin) 209

COMPREHENSIVE CHILD DEVELOPMENT PROGRAM (Sharon Stephan).... 210

EDUCATION AND TRAINING OF DISABLED PERSONS (Wayne Ri-Jdle) 213

OBSCENE OR INDECENT TELEPHONE COMMUNICATIONS (Rita Reimer) ..... 214

FEDERAL AID TO ELEMENTARY AND SECONDARY EDUCATION: A SIDEBYSIDE COMPARISONOF CURRENT LAW WITH H.R. 5, AS PASSED BY THE HOUSE OF REPRESENTATIVES (THESCHOOL IMPROVEMENT ACT OF 1987) AND BY THE SENATE (THE ROBERT T. STAFFORD

ELEMENTARY AND SECONDARY EDUCATION IMPROVEMENT ACT OF 1987)

INTRODUCTION

The 100th Congress is currently considering legislation to amend and

extend most programs of Federal aid to elementary and secondary education. 1/

Both the House of Representatives, 2/ and the Senate have passed different

versions of H.R. 5, 3/ which is expected to be considered by a conference

committee early in the second session of the 100th Congress. This report

provides: (a) a brief, narrative overview, and (b) a side-by-side comparison,

of major provisions of current law with the two versions of H.R. 5 regarding

current--and proposed new--programs of Federal aid to elementary and secondary

education.

The order of presentation of program areas, which is the same for both the

overview and the side-by-side comparison, is somewhat different from that in

either version of H.R. 5; please refer to the table of contents for a listing

of the order of topics and page numbers, for the side-by-side comparison. Given

the number of programs included in these bills, and the relative complexity of

1/ The major elementary and secondary education programs not reauthorizedin the legislation curently being considered are the Education of theHandicapped Act and the Carl D. Perkins Vocational Education Act.

1987.

2/ H.R. 5 was passed by the House on May 21, 1987.

3/ H.R. 5 was passed by the Senate, in lieu of S.373, on December 1,

t)

1

CRS-2

several of them, this report is limited to major program provisions, with an

emphasis on provisions of current programs that would De significantly changed

by either version of H.R. 5. For more detailed information on these programs,

please contact the Congressional Research Service or refer to the following

reports and issue briefs:

--Federal Assistance for Elementary and Secondary Education:Background Information on Selected Programs Likely to be Consideredfor Reauthorization by the 100th Congress, CRS Report for Congress87-330 EPW, by the Education Section, Education and Public WelfareDivision, January 27, 1987;

--Adult Literacy Issues, Programs, and Options, CRS issue brief85167, by Paul Irwin, updated regularly;

--The Bilingual Education Act--Should a specific instructionalapproach be supported?, CRS issue brief 86139, by Ruby AnnEsquibel, updated regularly;

--Block Grant Funding for Federal Education Programs: Backgroundand Pro and Con Discussion, CRS Report for Congress 86-992 S, byK. Forbis Jordan, November 18, 1986;

--Education for Disaavantaged Children: Reauthorization Issues,CRS issue brief 87070, by Wayne Riddle, updated regularly; and

--Federal Elementary and Secondary Education 'Programs:Reauthorization Issues, CAS issue brief 87055, by Wayne Riddle,updated regularly.

6

OVERVIEW OF MAJOR DIFFERENCES BETWEEN CURRENT LAW ANC THE TWO VERSIONS OF H.R.5

Education for the Disadvantaged

Both bills update the formula for allocating chapter 1 basic grants to

local educational agencies (LEAs), and place special emphasis on the funding of

concentration grants to LEAs with especially high numbers or percentages of

children from low income families. Both versions of H.R. 5 authorize LEAs to

use a portion of their grants for innovative programs or incentive grants to

schools with successful programs. An increased focus on program innovation and

effectiveness is also reflected in both bills' provisions for school-wide pro-

jects, State and local program assessment and technical assistance, establish-

ment of national standards for program evaluation by States and LEAs, a nation-

al longitudinal study of program effects, and new evaluation or study

requirements for the State agency programs (for migrant, handicapped, and

neglected or delinquent students).

Both versions of H.R. 5 expand current chapter 1 provisions for parental

involvement and participation of private school pupils in similar fashion.

Each bill authorizes new grant programs for basic skills education in secondary

schools and dropout prevention. The bills have similar provisions deal;ng with

State and Federal program administration--including limitations on the

carryover of grants to succeeding fiscal years, program regulations, use of

funds to pay indirect costs, and dissemination of a chapter 1 policy manual.

CRS-4

Both bills make virtually identical changes in the chapter 1 State agency

programs. They base migrant education program allocations on children between

the ages of 3 and 21 years, inclusive, rather than 5 and 17, and they require

better eligibility certification and reduced child count error rates.

Currently migrant preschool children may be served before formerly migrant

school age children. Coordination with more Federal programs is required. The

bills allow a portion of State agency neglected and delinquent program funds to

be used for transition services. They require better coordination between the

State agency handicapped program and programs funded by the Education of the

Handicapped Act.

Both bilis require the Department of Education to conduct a study of the

allocation formulas of chapter 1 and other Federal elementary ard secondary ed-

ucation programs. They mandate a GAO study of the State agency handicapped

program. The House version of H.R. 5, but not the Senate bill, establishes an

independent commission to study migrant education.

Both bills authorize a new Even Start program for joint education of edu-

cationally disadvantaged parents and their children aged 1-7 years, although

this program is a part of chapter 1 only under the House bill. Also, the pro-

gram is based on formula grants to the States, in proportion to chapter 1 basic

grants but with State percentage floor and ceiling limitations, under the

House-passed version of H.R. 5, but grants are made at the discretion of the

Secretary of Education under the Senate bill.

The relatively few major differences between the House and Senate

versions of H.R. 5 regarding education for the disadvantaged include certain

allocation formula provisions. For basic grants to LEAs, tie Senate version of

H.R. 5 retains only through FY 1991 the allocation formula provision for counts

of children in families receiving Aid to Families with Dependent Children

8

CRS-5

(AFDC) payments above the poverty revel (for a family of 4), and requires the

GAO to conduct a study of the role of this provision in the allocation formula.

The House version of H.R. 5 provides that appropriations for chapter 1 LEA

grants above the fiscal year (FY) 1987 level, up to a total of $400 million, be

devoted to concentration grants, while the Senate bill requires that appro-

priations for chapter 1 overall (except the new programs of dropout prevention

and secondary school basic skills improvement) between $4.3 and $4.7 billion,

plus 10 percent of the amount above $4.7 billion, be reserved for concentration

grants. Under the House bill's concentration grant formula, grants are made to

counties meeting the thresholds of 6,500 formula children or a 15 percent rate

(as a percentage of all children aged 5-17 years), while the Senate version has

a 2-part concentration grant formula--one-half of funds is distributed to

States using the chapter 1 basic grant formula, and one-half on the basis of

counties meeting thresholds of 5,000 formula children or a formula child rate

of20 percent. Further, the House version of H.R. S initiates a State minimum

allocation for basic grants of 0.25 percent, while the Senate version has a

State minimum of the greater of 0.25 percent or $250,000 for each half of its

concentration grant formula (compared to 0.25 percent alone under the House

bill). Finally, only the House bill mandates a GAO study of private school

pupil palcicipation in chapter 1, a National Commission on Migrula Education,

and studies of the effectiveness of tutoring chapter 1 participants by

postsecondary students and of effective chapter 1 programs in rural areas.

State Education Block Grant

Both bills rewrite the education block grant program authorized by

chapter 2 of the Education Consolidation and Improvement Act of 1981 (ECIA),

and extend the program through FY 1993. Both bills delete references to the

i.)

CRS-6

more than 40 antecedent programs that were consolidated into the chapter 2

program in 1981, but retain many of the administrative provisions of the

current program. The House bill authorizes $580 million for FY 1988; the

Senate bill authorizes $580 million for FY 1989. The FY 1987 appropriation fcr

chapter 2 was $529 million.

Under the House bill, State educational agencies are to use chapter 2

funds for a restricted list of activities, including administration (up to a

maximum of 25 percent of funds), technical assistance, and "effective schools"

programs (with a minimum of 25 percent of funds). The House bill authorizes

LEAs to spend funds on nine types of activities (including five special pro-

jects) related to educational innovation or excellence. Under the Senate

bill, State and LEAs are authorized to spend funds on the same list of 11 types

of activities. The House bill places special emphasis on State and local

"effective: schools" activities; the Senate bill does not explicitly authorize

chapter 2 expenditures for these activities, but authorizes a separate

"effective schools" program (in part B of title II). Unlike current law, both

bills require a systematic evaluation and reporting system at the local, State,

and Federal levels. The Senate bill adds a Blue Ribbon Schools program to

recognize excellence or quality in local schools or programs.

Bilingual Education

Both versions of H.R. 5 similarly extend the Act through fiscal year

1993 and authorize bilingual education programs, support services, and training

activities. Both hills provide for support and consultation with parental

advisory councils and stipulate that information be provided to parents in a

language and form they understand concerning their children's performance in

programs assisted under this title. Each bill eliminates the National Advisory

1 0

CRS-7

and Coordinating Council on Bilingual Education, while providing for the Secre-

. tary of Education to consult instead with State and LEAs and other organiza-

tions involved in bilingual education.

The major differences between the House and Senate versions of H.R. 5

regarding bilingual education include the allocation of funds, program regu-

lations, and reporting standards. The House bill allocates the same level of

funding for bilingual education programs as they received in FY 1987, plus in-

creases for inflation. At least 70 percent, but no more than 75 percent, of

any new funds appropriate' for the Act above the FY 1987 level are reserved for

the support of alternative instructional approaches to transitional bilingual

education. Of the remaining new funds above the FY 1987 level, 25

reserved for

passed bill

transitional and developmental bilingual education.

provides more funding for alternative instructional

percent are

The Senate-

approaches;

specifically, the Senate version allocates 60 percent of appropriations to

bilingual education programs, with at least 75 percent of these amounts re-

served for transitional and developmental bilingual education. The Senate bill

allows for no mure than 25 percent of appropriations tc be used for special

alternative instructional programs. The minimum grant amount paid to a State

education agency that has an approved State program is increased to $75,000 in

the House version of H.R. 5. The Senate version retains the minimum State

program grant at $50,000, with stipulations on the maximum amount payable as

well.

The Senate version of H.R. 5 contains a requirement to limit the time a

student may remain in a program funded under this title to no more than 5

years, and only if sufficient need is demonstrated. The House version of H.R.

5 has no similar requirement concerning length of program enrollment. The

Senate version also allows for programs to develop instructional materials not

1

CRS-8

available:commercially, and prohibits the assignment of pupils to this--or any

other federally-assisted education--program "merely on the basis of their sur-

name." Both bills require the Secretary of Education to submit a report on the

operation of this title to the President and Congress, but the Senate bill

requires the Secretary's report tl be submitted in 1992 rather than biannually

as in the House bill. The House version also requires the Director of the Of-

fice of Bilingual Education and Minority Languages Affairs to submit an annual

report on services, grants, and contracts under this program to the President

and Congress.

Science, Mathematics, and Foreign Language Education

Both bills provide for a Federal math and science education program,

modifying the authorized activities specified under current law (Title II,

Education for Economic Security Act) and more narrowly focusing the program.

The Senate bill deletes most references to improving foreign language in-

struction, but authorizes a separate foreign language education program; the

House bill, in addition, deletes references to computer learning. Both bills

(the House bill to a greater degree) focus more assistance on elementary and

secondary education programs than is the case under current law. The share of

the annual appropriation for the Secretary's discretionary grants is reduced by

both bills (the Senate somewhat more so than the House). The House bill adds

States' shares of chapter 1 allocations as an additional basis for interstate

distribution of funds, a change likely to provide more funds to States with

substantial low-income populations. The House bill raises the current FY 1988

authorized appropriation level from $350 million to $400 million. The Senate

Lill, in contrast, does not affect the FY 1988 zuthorization and provides a

reduced level of $280 million for FY 1989. Although both bills authorize

12

CRS-9

funding.through FY 1993, only the Senate bill specifies amounts for each of

those years (rising in stage3 to $355 million by FY 1993). The Senate bill,

but not the House bill, authorizes a new Star Schools program of assistance to

telecommunici. partnerships for improving math, science, and foreign lan-

guage instruction.

Currently, the taly specific provision for Federal support of foreign

lauguage education in elementary and secondary schools is the authority for

State and LEAP to use a portion of grants under title II of the Education for

Economic Security Act (EESA) for this purpose, if their needs in the areas of

science and mathematics education have been met. H.R. 5, as passed by the

Senate, authorizes a new program of aid to elementary and secondary foreign

language education, under title VI, part B, the "Foreign Language Assistance

Act of 1987" (FLAA). Under the FLAA, grants are to be made tc the States in

proportion to their population aged 5-17 years, with no State to receive less

than 0.5 percent of appropriatiors, for aid to model local programs of ele-

mentary and secondary school foreign language education. The assisted programs

are to fetus on "critical" foreign languages, as defined by the Secretary of

Education. The appropriations authorization level is $21 million for FY 1989,

rising to $25 million for FY 1993. In addition, the Senate bill authorizes $1

million for a program of Presidential awards to outstanding elementary and

secondary school foreign language teachers.

Adult Education

The House bill rewrites the Adult Education Act (AEA); the Senate bill

amends specific provisions. Both bills extend the program through FY 1993.

The House bill modifies the State allotment formula to restrict funds to the

Outlying Areas; specifies additional local application procedures; places a

33

CRS-10

ceiling on the use of AEA funds for administrative expenses; specifies State

advisory council procedures, requires States to evaluate their AEA programs;

prohibits States from using AEA funds to supplement non-Federal funds; and re-

quires the Secretary a Education to fund farmworker and immigrant education

programs, literacy volunteer training, and other activities related to adult

literacy. The House bill authorizes new programs for employed adults, with a

limit of 10 percent of each State grant to be used for such programs; thP. Sen-

ate bill separately authorizes such programs through the use of partnerships

between education and the private sector. The Senate bill decreases tl 10

percent (from 20 percent) the limit on State use of AEA funds for programs for

institutionalized persons but changes this limit from a maximum to a minimum;

authorizes a separate AEA literacy program for adults with limited English pro-

ficiency; and repeals the National Advisory Council on Adult Education. Both

bills increase the non-Federal matching requirement for States. The Senate

bill replaces the State allotment formula for adult education programs under

the Stewart B. McKinney Homeless Assistance Act: P.L. 100-77, giving

discretionary authority to the Secretary of Education instead.

Impact Aid

The two bills take very different approaches to the Impact Aid program.

As passed by the House, H.R. 5 extends the program but makes no substantive

change to current law. In contrast, the Senate version of H.R. 5 preaents a

whole new payment formula, modifies entitlement levels for pupils whose parents

Live or work on Federal property, and makes a number of technical changes to

the program. The main thrust of the payment formula changes is to be more ,ne-

cific about how LEAs are paid when appropriations are less than entitlements, a

situation that has occurred during each of the last several years. LEAs are to

14

CRS-11

be paid under section 3 in three "waves," with specific minimum payment amounts

if insufficient funds are appropriated for any of the three "waves." The

Senate bill also mandates a GAO study of the effectiveness of the Impact Aid

-school construction program.

Magnet Schools

Both bills repeal the current Magnet Schools Assistance program, but

establish new programs that are very similar to current law (renamed Magnet

Schools to Overcome Racial Isolation pr gram under the Senate bill). The pri-

mary difference relates to the annual authorization level--$115 million for FY

1988 and "such sums as may be necessary" through FY 1993 under the House bill;

$115 million for FY 1989, rising to $140 million for FY 1993, under the Senate

bill. This assistance supports magnet schools in districts implementing eligi-

ble desegregation plans. In addition, the Senate bill authorizes a new Magnet

Schools for Educational Improvement program to support magnet schools in dis-

tricts with significant percentages of minority students, but without regard to

desegregation. The annual authorization is $35 million for FY 1989, rising to

$43 million by FY 1993. For this program to be funded, the Senate bill re-

quires that the desegregation-related magnet school program must have an annual

appropriation of $100 million or more.

Gifted and Talented Education

Both versions of H.R. 5 establish similar programs for the education and

identification of gifted and talented children. There are three major differ-

ences between the bills. The House version of H.R. 5 establishes an advisory

committee on gifted and talented children that would advise the Secretary and

CRS-12

the newly established National Center for Research and Development in the Edu-

cation of Gifted and Talented children ca the most urgent educational needs of

gifted and talented children and how best to met those needs. The committee

would also assess the zffectiveness of the newly established Federal program

for gifted and talented children. The authorization of appropriations also

differ. The House-passed version of H.R. 5 provides $25 million for the first

year of implementation (FY 1988) and "such sums as may be necessary" for each

of the next 5 fiscal years. The Senate bill authorizes $15 million in the pro-

gram's first year (FY 1989) and specific amounts increasing each year until FY

1993 when authorizations would reach $18.3 million. Both bills establish

similar priorities for awarding funds under this Act. The Senate version,

however, includes an additional priority that would require half of the grants

or contracts awarded funds each year (under this Act) to contain program com-

ponents specifically aimed at serving gifted and talented children who are

economically disadvantaged.

Drug Abuse Education

Only the House-passed version of H.R. 5 extends the authorization for the

drug abuse education provisions of the Drug-Free Schools and Communities Act of

1986; the Senate bill contains no provisions related to this program. 4/

Among the relatively few changes that the House bill makes to this program are:

a requirement that drug abuse education activities include a youth suicide

4/ On December 15, 1987, the Senate passed H.J.Res. 90, a billrequesting the President to call a White House Conference on Library andInformation Services. During Senate floor debate on this bill, an amendmentwas adopted to amend the education provisions of the Drug Free Schools andCommunities Act of 1986, and extend the authorization for this program throughFY 1993. It is not yet known how, and whether, the drug abuse educationprovisions of H.R. 5 as passed by the House, and H.J.Res. 90 as passed by theSenate, will be coordinated or conferred upon.

CRS-13

prevention program, and that the Secretary of Education conduct a study of the

relationship between drug abuse and youth suicide; a provision that funds be

allocated to LEAs on the basis of public and private school enrollments, not

school-age population; and a requirement that States submit annual reports on

activities assisted under this program, and that LEA applications for assis-

tance include descriptions of the current drug and alcohol abuse problems in

their schools.

Immigrant Education

Only the House version of H.R. 5 extends the Eme,gency Immigrant

Ede' ation Act through FY 1993, with amendments concerning reporting,

assessment, and authorization of appropriations. The House bill requires

State education agencies to submit an annual report to the Secretary of

Education on prog_am services and participants. The Secretary is required to

submit an annual report to the House Committee on Education and tabor and the

Senate Committee on Labor and Human Resources. The House-passed version of

H.R. 5 also requires the GAO to conduct an assessment of the program and submit

a report on its findings to the House Committee on Education and Labor and the

Senate Committee on Labor and Human Resources in 1989 and every third year

thereafter. The Hcuse bill authorizes $40 million to be appropriated for FY

1990.

Indian and Native Hawaiian Education

Both bills contain provisions that amend existing legislation for Indian

education programs, as well as authorizing new programs. Both bills also es-

tablish new programs of aid for the education of Native Hawaiians.

CRS-14

Both bills substantially amend legislative provisions for Indian educa-

tion programs administered by the Bureau of Indian Affairs (BIA), of the

Department of the Interior, and the Indian Education Act (IEA), administered by

the Department of Education (ED). For education programs conducted in BIA-

operated or -supported schools, the House and Senate versions amend current law

regarding: Federal recognition of schools and dormitories; establishment,

transferral, or termination of schools; boarding standards for dormitories;

formulas for allocation of financial aid; scope of Federal regulations;

administrative cost allowances; procurement of instructional equipment and

materials; consultation with tribal organizations; and Indian preference in

personnel actions. In addition, both bills mandate a study of personnel

compensation in BIA-funded schools, and authorize a new program of grants for

the operation of Indian-controlled schools.

Only the House version amends provisions related to school board

training and the coordination of programs at BIA schools with those of local

public schools; it also authorizes a "Native American Indian School Act," under

which up to five relatively independent Native American Indian Schools would be

established, to serve Indian students residing on Indian lands. Only the

Senate bill authorizes new programs for early childhood education, tribal

departments of education, a study of Johnson-O'Malley Act allocations, and a

White House Conference on Indian Education.

.,.1,

Both the House and Senate bilis extend the elementary, secondary, post-

secondary, and adult education programs of the Indian Education Act, with

relatively few amendments; the National Advisory Council on Indian Education is

extended as well. Only the Senate bill authorizes a s,parate program to es-

tablish centers for the education of gifted and talented Indian students.

18

CRS-15

Both the House and Senate bills establish a number of new, relatively

small, education prolvznc for Native Hawaiians. These programs authorize aid

for the implementation of a model curricullim, family-based education centers,

postsecondary education fellowships, special education services for handicapped

students, and demonstration programs for the gifted and talented.

Special Programs

Both bills authorize assistance for Effective Schools programs. These

programs are to help schools attain strong leadership, an emphasis on basic and

higher order skills, safe and orderly schools, an expectation that virtually

nil children can learn, and continuous assessment. The primary difference is

the source of funding--the House bill requires SEAs to spend 25 percent of the

SEA share of chapter 2 funds on effective schools programs; the Senate bill

authorizes funding for a separate program (S25 million for FY 1989, rising to

$30.5 million by FY 1993).

Both bills extend the Ellender Fellowships program, under which aid is

provided to economically disadvantaged pupils and their teachers to participate

in the instructional activities on American government of the Close-Up Found-

ation. The Senate bill expands this program to authorize fellowships also for

older Americans and recent immigrants. Both bills require that particular con-

sideration be given to those with special needs in awarding fellowships. The

Senate bill (only) authorizes fundixtg for a Family-School Partnership program.

It is authorized at $10.5 million for FY 1989; rising to .$14 million by FY

i993,

The house bill reauthorizes the Excellence in Education program as part

of the School Improvement Act, reducing its FY 1988 authorization to $5 million

CRS-16

(current law-authorization level is $16 million). The Senate bill repeals the

program.

The Senate bill (only) establishes within the Department of Education a

Fund for the Improvement and Reform of Schools and Teaching to support activ-

ities such as helping "at risk" students meet higher educational standards,

improving professional standards of teachers, and increasing the number of

minority teachers. There is to be regular contact between this Fund and the

current Fund for Improvement of Postsecondary Education (Title X, Part A,

Higher Education Act), The annual authorization is $18 million for FY 1989,

rising to $22 million by FY 1993.

Authority for the Secretary of Education to establish Optional Tests for

Academic Excellence to identify r.,Astanding 11th graders is contained only in

the Senate bill,

The Senate bill, but not the House bill, authorizes a Parental Choice

Open Enrollment Demonstration, that would provide funding for school districts

undertaking open enrollment demonstrations. Public school attendancein these

districts must be subject to parental choice, without regard to attendan:e

zones. The annual authorization is $15 million for FY 1989, rising to $19

million by FY 1993.

The Senate bill, unlike the House bill, establishes a new Rural

Education Opportunities program of 10 regional rural educational assistance

centers to assist State and LEAs improve the quality of education for

educationally disadvantaged children who are participating in the chapter 1

program and who reside in rural areas or attend small schools. This program is

authorized through FY 1993, with $10 million authorized to be appropriated in

FY 1989.

20

CRS-17

The Senate bill authorizes a Secretary's Fund for Innovation in

Education, providing funding for the Secretary of Education to support

activities strengthening elementary and secondary education. These activities

range from educational television and radio programming co comprehensive school

health education. The House bill does not authorize a comparable fund,

although it does create an Office of Comprehensive School Health Education in

the Department of Education.

Both versions of H.R. S extend the current Territorial Assistance programs

of General Assistance to (public education in) the Virgin Islands and Terri-

torial Teacher Training, without substantive amendment.

Finally, the House-passed version of H.R. 5 provides that the Women's

Educational Equity Act program shall be administered within the Office of Ed-

ucational Research and Improvement, and by an individual reporting directly to

the Assistant Secretary for Educational Research and Improvement. The House

bill also continues the National Advisory Council on Women's Educational Pro-

grams. The Senate-passed bill authorizes lower appropriation levels and sets a

lower appropriation threshold above which projects of local significance may be

funded. The Senate bill requires the Secretary to issue only one repoct on the

program, not annual reports.

Administrative Provisions

Enforcement Under the General Education Provisions Act (Audits)

Only the House-passed version of H.R. 5 ammds the processes by which

final audit determinations are decided and issued, appeals are made and co,-

sidered, and misspent funds are recovered. It establishes an Office of Admin-

istrative Law judges within the Department of Education to replace the Educa-

21.

CRS-18

tion Appeals Board, and applies the Equal Access to Justice Act related to at-

torney fees and the process of legal discovery to the audit appeal process.

The House bill gives the Secretary of Education the authority to establish a

system of voluntary mediation in the audit process, and places the burden of

proof in audit cases on the Department of Education until or unless a "prima

facie" case against the grantee is established. It also requires that misspent

funds be paid back to the Federal Government in an amount that is "propor-

tionate to the extent of harm its violation caused to an identifiable Federal

interest," and allows State and local educational agencies exemptions in

repaying misspent funds under certain mitigating circumstances.

(National) Center for Education Statistics

Only the House bill amends the authorization for the Center for

Education Statistics, and renames it as the National Center for Education

Statistics. Under the House bill, the Center is headed by a Commissioner

appointed by the President. The Center is currently authorized through FY

1991; the House bill extends the Center through FY 1993, with an FY 1988

authorization of $25.8 million.

Other provisions of the House bill related to the Center are as follows:

the Commissioner is given independent authority to administer the Center; the

membership of the advisory council is revised; the Commissioner (rather than

the Secretary) must publish the annual report on the condition of education;

the Center must collect statistics on persons with limited English proficiency;

the Commissioner must report regularly on eiucational indicators; the Center

must conduct a survey of postsecondary student financial aid every 3 years; the

Center must conduct a national longitudinal survey of the educational progress

of elementary and secondary school students; a National Cooperative Education

22

CRS-19

Statistics System is established in the Center; and the confidentiality of in-

. dividually identifiable responses in surveys conducted by the Center is pro-

tected.

National Assessment of Educational Progress

The National Assessment of Educational Progress currently reports every

5 years an the performance of the Nation's students in the areas of reading,

writing, and mathematics, and conducts special assessments of other areas as

needed. Its minimum funding is $4 million; the FY 1987 appropriation was $5.2

million. The House bill requires the National Assessment to (a) report on the

performance and (b) conduct a national longitudinal study of students served by

the chapter 1 program for the education of the disadvantaged children.

The Senate bill rewrites and extends the authorization for the National

Assessment through FY 1993, with a minimum funding level of $12.5 million in FY

1989; requires National Assessment reports on reading and mathematics every 2

years, writing and science every 4 years, and history, geography, and civics

every 6 years; increases the geographic coverage to provide reports on a na-

tional, regional, and State basis; strengthens the privacy provisions for

students and their families; requires an assessment of literacy of the adult

population; replaces the 19-member Assessment Policy Committee, established by

the organization that carries out the National Assessment, with a 20-member

National Assessment Governing Board, appointed by the Secrer:ary; and extends

the authorization for the Office of Educational Research r.nd Improvement

through FY 1993.

1,

CRS-20

Vocational Education

The Carl D. Perkins Vocational Education Act, P.L. 98-524, requires each

State to reserve 8.5 percent of its basic State grant for vocational education

programs serving single parents and homemakers. The Senate bill, but not the

House bill, amends this provision so that funds may be used for programs for

single pregnant women as well.

Comprehensive Child Development Program

The Senate-passed version of H.R. 5 (only) would authorize grants for

planning and conducting a limited number (10-25) of comprehensive development

projects for children from birth to the age of compulsory school attendance.

This program would be administered by the DHHS and, like other programs under

the Head Start Act, be focused on children from low-income families. The

projects would provide a wide range of services, including educational, health,

nutrition, social, and other services. This provision of the Senate version of

H.R. 5 is similar to that of a separate bill reported by the Senate Committee

on Labor and Human Resources, S. 1542 (S. Rept. 100-141).

Education and Training for Disabled Persons

Only the Senate version of H.R. 5 authorizes the Secretary of HHS to make

a grant to the State of Utah for education and training services to individuals

with disabilities. An FY 1988 appropriation of $4 million would be authorized

for this purpose,

24

CRS-21

Obscene or Indecent Telephone Communications

The Senate-passed version of H.R. 5 (only' contains an amendment to the

Communications Act of 1934 regarding the transm:ssion of obscene or indecent

communications over telephone lines. Currently, such communications are il-

legal only where the recipients are under the age of 18 years. The amendment

in the Senate version of H.R. 5 would make such communications illegal in all

cases.

Current law

A SIDE-BV-SIDE COMPARISON OF CURRENT LAW.H.R. S. AS PASSED BY THE HOUSE. AND

AS PASSED BY THE SENATE

EDUCATION FOR THE DISADVANTAGED

''h SIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

H.R. 5. as passed by House H.R. 5, as passed by Senate

CHAPTER 1. EDUCATION CONSOLIDATIONAND FAPROVEMENT ACT

Children counted in the allocationof funds

TITLE I. CHAPTER 1. PART A--BASIC TITLE I. CHAPTER 1. PART A--BASICPROGRAMS OPERATED BV LOCAL PROGRAMS OPERATED BY LOCALEDUCATIONAL AGENCIES EDUCATIONAL AGENCIES

For the allocation of an amount equal For all basic grant funds, children Same as the House bill, except thatto the FY 1979 appropriation, plus aged 5-17 years tn'poverty families, children counted on the basis ofone-half of the increase over this according to the 1980 Census, apply- AFDC payments are included in thelevel, the children counted in the ing 1980 Census poverty criteria; formula only through FY 1991, andallocation formula are: children children in families receiving AFDC the GAO is mandated to conduct aaged 5-17 years in poverty families, payments in excess of the poverty study of the role of AFDC childaccording to the 1980 Census, but level for a non-farm family of four; counts in th0 chapter 1 LEA grantapplying poverty criteria from the plus neglected, delinquent, and formulas.1970 Census; children in fai 'lies foster children for whose educationreceiving Aid to Families With LEAs have responsibility.Dependent Children (AFDC) paymentsabove the poverty level for a non-farm family of four; plus neglected.delinquent, and foster children for

whose education local educationalagencies (LEAs) have responsibility.

2726

Current law

. CRS-24

H.R. 5, as passed by House H.R. 5, as passed by Senate

Remaining appropriations areallocated to States on the basis ofChildren aged 5-17 years in familieswith income below 50 percent of the

median income for 4-person families,according to the 1976 Survey of

Income and Education (SIE). The

latter amounts are allocated withinStates in proportion to populationscounted in the first formula, above.

Concentration grants to LEAs

Grants are authorized for LEAs in LEAs are eligible to receivecounties where the number of concentration grants if the number

There are two concentration grant

allocation formulas, each applyingchildren counted in the basic grant

population aged 5-17 years. In

distributing these funds, only the

,C,U

of formula children exceeds 6,500children, or if their percentageexceeds 15 percent.

grants among eligibleIn allocatingcounties, all

formula children are considered in

counties meeting the 15 percent

threshold, but only formula childrenin excess of the 6,500 child thresh-old otherwise. States may set aside

to one-half of the funds appropri-allocation formula (under the first ated. The first formula is the sameformula described above--i.e.. not as that of current law, except thatthose counted under the SIE pro- the State minimum is the greater ofvision) exceeds either 5,000 0.25 percent or $250,000. Under thechildren or 20 percent of the total second formula, funds are allocated

to States under the chapter 1 basic

grant formula (as amended by H.R.

number of formula children above the 5/Senate), with a State minimum of

C);.

2D

Current law

CRS-25


thresh° I d( s) are counted. Noconcentration grants may be madeunless funds are specificallyappropriated for this purpose; no

such funds have been appropriatedsince FV 1981. Within countiesreceiving concentration grants, all

LEAs receive a share of these grants;however, the share is reduced if the

LEA percentage of formula children isless than 20 percent. No State is toreceive less than 0.25 percent of thetotal appropriation for concentrationgrants; the current statute is silentregarding the intrastate distributionof increases in State grants thatresult from application of theminimum grant provision.

30

u p t o 2 percent o f t otalconcentration grants to the State. tobe allocated to LEAs in counties noteligible for such grants otherwise.Increases in LEA (basic plusconcentration) grant appropriationsabove the FV 1987 level are reservedfor concentration grants, up to $400million. Within counties receivingconcentration grants, only LEAsmeeting the (15 percent or 6,500)threshold(s) may receive a share ofthese funds, unless no LEA in thecounty meets these thresholds. In

States where grants are increased asa result of the State minimum, SEAsmay allocate concentration grantseither: (a) only to LEAs in countiesmeeting the 15 percent/ 6,500thresholds, or (b) to LEAs in "rankorder of their respect iveconcentration and numbers of" formulachildren, but only to LEAs above theState average concentration.

the greater of 0.25 rercent or

$250,000. These funds ara then

generally allocated to LEAs meetingthe (5,000/20 percent) thresholds cfthe first formula. Specialintrastate allocation provisionsapply to States receiving less than1 percent of the concentration grantappropriations. All chapter 1

appropriations (except those for

part 8) between the levels of $4.3and $4.7 billion, plus 10 percent ofany funds above $4.7 billion, are

reserved for concentration grants.

Current law

CRS-26


No provision.

State minimum basic grant

When the total funding for basic plusconcentration' grants exceeds the FV

1987 level plus $400 million, a 0.25percent of total basic grantappropriations) minimum is to beapplied to basic grant allocations toeach State. Total basic grants to a

State may not increase by more than50 percent above the previous yearlevel. Further, the minimum is notto take effect unless total chapter 1

grants to each state equal or exceedthose for FV '987.

No provision.

Current law

CRS-27

H.R. 5, as passed by House H.R. 5. as passed by Senate

Cost factor in allocation formulas

In the .allocation of funds under allchapter 1 programs, the relevantformula ch!ld counts are multipliedby a cost factor to determine themaximum authorized payment levels.In all cases (except grants to PuertoRico--see below), this cost factor isequal to the State average per pupilexpenditure (APPE) for publicelementary and secondary education,for the third preceding year, limitedto be no more than 120 percent, or

less than 80 ?ercent, of thenational APPE. Finally, this amountis multiplied by a "Federal share" of40 percent.

Same as current law. Same as current law.

Current law

CRS-28


Treatment of Puerto Rico inallocation formulas

Puerto Rico is treated as a State.with 2 exceptions. First, in

calculating the allocation formulacost factor--the dollar amount bywhich formula child counts is

multiplied to determine maximumauthorized payments--the minimumamount that is applied to all otherStates (80 percent of the nationalAPPE) is multiplied by an additionalreduction factor. The additionalfactor is the ratio of Puerto Rico'sAPPE divided by the lowest APPE forany State. Second. it is providedthat Puerto Rico's total chapter 1

grant may not increase by more than50 percent per year.

No provision.


Innovative projects/incentive grants

LEAs may set aside up to 5 percent Same as the House bill, except thereof their grants to pay up to 50 is no cost sharing requirement.percent of the costs of innovativeprojects or incentive grants tr

especially si.ccessful chapter 1

projects.

Current law

Selection of tarpat s cno o 1

attendance areas

Chapter 1 programs must generally beconducted in tne school attendanceareas of an LEA with the highestro.mbers or proportions of children

CRS-29


Same as current law, except that in

the distribution of funds amongtarget school attendance areaswithin an LEA, previously served

froro low income families. There are children may still be counted (butfour types of exceptions to this not served) for up to 2 years afterrequirement. First, LEAs may select they are no longer educationallytarget school attendance areas on disadvantaged. Also, it isthe basis of educational disadvan- explicitly stated that schooltage, not low income, in limited attendance areas are generally*to beinstances. Second, school attend- served in rank order according toante areas may be selected if their the number or proportion of childrenpercentage of children from low from low income families. Further,income families is 25 percent or an LEA may select any schoolmore, or if the area was eligible in attendance area if the LEA-wideeither of the two previous years. variation in percentage of childrenThird, areas may be skipped from the from low income families amongselection process if provided with school attendance areas is no moreservices similar to chapter 1 fromnon-Federal funds. Fourth, theserequirements do rJt apply to LEAswith enrollment of 1,000 or fewerstudents, or which have a "uniformlyhigh concentration' of children fromlow income families. Once the tar-get school attendance areas are se-lected. chapter 1 funds are dis-tributed among them largely at LEAdiscretion, but primarily on thebasis of the number of educationallydisadvantaged children to be served.

than 5 percent.

Same as the House bill.

Current law

CRS-30


Parental involvement

LEAs must consult the parents of

children to be served. They must

convene an annual meeting to explainthe ch pter 1 program to parents andmay. if recluestec, provide supportto other parental involvementactivities.

4 i)

LEAs must implement procedures "of

sufficient size, scope, and qualityto give reasonable promise of

Same as the House bill. In

addition, a separate program of

demonstration grants for modelsubstantial progress toward family-school partnership programsachieving the goals" of informing in chanter 1 target schoolparents about the chapter 1 program, attendance areas is authorized intraining parents to help instruct title II. part E of H.R. 5/Senae.their children, and consulting withparents on school-parent cooperationactivities. LEAs are to havewritten policies on parentalinvolvement in chapter 1; shall--ifrequested--provide support forparental involvement activities;must permit parent observation of

chapter 1 activities; and shall holdparent meetings and parent-teacherconferences at least annual.y.Information provided to parents is

to be in a language and form that

Parents can understand. LEAs mayimplement a number of other,specified types of parentalinvolvement activities.

4 1

Current law

CRS-31


School-wide projects

Chapter 1 services may be provided The non - Federal ma ch ing fund Essentially the same as the Houseon a school -wide basis- -i.e., not requirement is removed, while bill, except the requirement to movelimited to individual pupils several "accountability" toward implementation of andetermined to be most educationally requirements--such as demonstrateddisadvantaged--if the percentage of improvement in pupil achievement,children from low income families is and movement toward implementationat least 75 percent, certain planning of an "effective schools" program--and evaluation requirements are met,a n d a s p e c i f i e d l e v e l ofsupplementary funds is provided fromnon-Federal sources. The non-Federalsupplementary funds per non-disadvantaged pupil in the schoolmust equal, or exceed, tne amount ofchapter 1 funds per disadvantagedpupil.

are added.

"effective schcois" program is

excluded.

Current 18w

CRS-32


Participation by private schoolpupils

Chapter 1 services must be providedto educationally disadvantagedprivate school pupils who reside in

(public) school attendance areasselected for chapter 1 programs.Expenditures for such services mustbe equal to those for public schoolparticipants in the program, takinginto account the number of privateschool pupils to be served and theirspecial educatiots1 needs. If an

LEA does not, or cannot, providechapter 1 services to private schoolpupils, the Department of Education(ED) shall provide for the deliveryof such services through a third-party organization ("by-passarrangement").

14 'L

Same as current law, except thatgrants are authorized to help LEAsmeet in:reases since July 1, 1985,in "capital expenses" associatedwith serving private school pupilsunder chapter 1. Such "capitalexpenses" may include the rental of

mobile classrooms, purchase ofcomputer equipment, transportation.etc. This would provide a separatesource of funds to meet costs thatare now paid from chapter 1 basicgrants. Grants would be made to

States in proportion to the numberof private school pupils served in

the 1984-85 school year. A total of

$30 million is authorized for thispurpose for FY '988, 'such sums as

may be necessary" for FY 1989-93.

Also, it is required that theGeneral Accounting Office (GAO)conduct a study of the participationof private school pupils in chapter1; that !EA officials consult withprivate school officials regardingsuch participation; and thatprocesses be established forresolution of complaints by privateschool pupils and their parentsregarding chapter 1 services, withthe Secretary of Education requiredto responJ within 120 days.

Same as the House bill, except thatthe authorizatir^ level for "capitalexpenses" grants is $50 million forFY 1989, "such sums as may benecessary" for FY 1990-93. Also,the possible uses for these grantsare specified in less detail.Further, there is no requirement forr GAO study of private school pupilparticipation in chapter 1.

4 5

Current law

CRS-33


Fiscal requirements

In general, no LEA may receive itsfull chapter 1 grant unless its

level of expenditures is equal to atleast 90 percent of that for thesecond preceding year. Chapter 1

grants must be used to supplement,not supplant, the level of non-Federal funds that would otherwisebe used for the education of

participating pupils. State and

local funds must also be distributedso as to provide comparable servicesin areas with and without chapter 1

programs. In determining compliancewith the comparability andsupplement/not supplant require-ments. State and local funds for

programs similar to chapter 1 may beexcluded from consideration if

certain conditions are met.

Essentially the same as current law. Essentially the same as current law,except the supplement/not supplantrequirement applies to grants underState and local programs similar tochapter 1 as well as regular Stateand local program funds.

Current law

CRS-34

H.R. 5. as passed by House H.R. 5. as passed by Senate

No provision.

Performance standards

If a chapter 1 program in a school Essentially the same as the Housedoes not result in increases in the bill.aggregate achievement of partici-pating pupils in 1 year. the LEA isto develop a plan for improvement ofthe performance of the chapter 1

program in that school. If there isno increase in aggregate participantachievement fer 2 consecutive years.both the LEA and the SEA are to de-velop a plan for improved perform-ance of that school's chapter 1

program.

Current law

CRS-35

H.R. 5, as passed by House H,R. 5, as passed by Senate

Grants -- Entitlement a,id Amount

Grants are made to State educationalagencies to establish or improveeducation programs for migratorychildren of migratory agriculturalworkers or migratory fishermen,Entitlements are based upon thenumber of eligible migrant childrenaged 5 and 17 years, residing in a

State full time, plus the full-timeequivalent number of such childrenresiding in a State part-time,multiplied by the same cost factoras used for chapter 1 basic grants(bee above). No State may receiveless than 85 percent of its grantfor the previous year. Adjustmentsmay be made for summer programs andif allocations to some States exceedamounts rs,quired.

The number of mirrant children is

based upon statistics from themigrant student record transfersystem and other sources.

PART D--PROGRAMS OPERATED BY STATE PART C--PROGRAMS OPERATED BY STATEAGENCIES AGENCIES

Subpart 1--Programs for Migratory Subpart 1--Programs for MigratoryChildren Children

Same as current law, except the agerange of children who are counted isbroadened to 3 to 21 years. Also,the 85 percent "hold harmless" pro-vision is removed.

Same as current law, thouch Statesmay not exceed a standard rror rateof 5 percent in counting migrantchildren,

Same as the House bill, except thatit is explicit that migratorychildren of migratory agriculturaldairy workers are eligible.


r, ;

e! 2

Current law

CRS-36


No provision.

Program Requirements

Payments must be used for programsdesigned to meet the special educa-tional needs of eligible migratorychildren and for coordination of

such programs, including transmittalof student records.

Coordination is required with cer-tain programs under the EconomicOpportunity Act and the Comprehen-sive Employment and Training Act.

r7

The Secretary shall develop a Same as the House bill.na ;onal standard form forcertifying migrant students.


References are updated to specifytwo Higher Education Act programs(the College Assistance MigrantProgram and the Migrant High SchoolEquivalency Program) and the migrantand seasonal farmworker programsunder the Job Training PartnershipAct. In addition, coordination is

required with the Education of theHandicapped Act, the Comm%inity Ser-vices Block r.rant Act, the HeadStart program, the migrant healthprogram, and all other appropriateprograms under the Departments of

Education. Laoor. and Agriculture.


Current law

CRS-37

H.R. 5, as passe by "ouse H.R. 5, as passed by Senate

By reference, programs and projectsmust be administered consistent withthe basic objectives of chapter 1

provisions pertaining to applica-tions, children to be served. evalu-a'ion, maintenance of effort, sup-plement not supplant restrictions,comparability, and taking State andlocal funds into consideration in

applying these requirement:

Consultation with parent advisorycouncils is required at both the

State and local educational agencylevels.

Provision must be made for preschooleducation needs except in caseswhere doing so, considering the

funds available, detracts from pro-grams and projects for school-agechildren.

r

Basically the same, though require-ments of referenced provisions aresomewhat different. Adds eferenceto provision describing uses of

fu s. Also makes explicit the

requirem%nts for program evaluation,including objective measurement of

basic skills achievement aid deter-mination of whether gains of certainformerly migratory children are sus-tained.

Limits requirement to programsextending for the duration of a

school year. However, all programsmust comply with general chapter 1

requii ments with respect to parentinvo ,ment.

Deletes exception. (Thus preschoolcurrently migratory children may beserved before school-age forme-lymigrant children.)




Current law

CRS-38


Migrant Status

With the concurrence of parents, Deletes provision pertaining to Same as the House bill.migrant status shall be considered where children resideto continue for a period not ex-ceeding 5 years, during which timethe children reside in areas servedby the programs. however, currentlymigratory students shall be givenpriority :onsideration by theprograms.

By-Pass

The Secretary may make specialarrangements with public or non-profit private agencies to admin-ister the program if States are

unwilling or unable to do so. if it

would result in more efficient andeconomic administration, or if it

would add substantially to the

welfare or educational attainment ofmigrant children.


Current law

CRS-39

H R. 5. as passed by House ri.R. 5, as passed by Senate

Coordination Program

The Secretary may enter into con-tracts with State educationalagencies to improve interstate andintrastate coordination. Includedis a contract for transferringmigrant student rczords.

The student record transfer systemcontract shall be awarued :o the

State educational agency having thecontract the preceding year, unlessa majority of States object.

For purposes of Federal law.

activities under this section shallnot be treated as informationcollection that is conducted or

sponsored by a Federal agency.

No comparable provision.

From funds appropriated for migranteducation, the Secretary shall re-

serve for coordination activities anamount not less than $6 million norgreater than 5 percent.

Except for the record transfersystem, provides that activities areto be funded by grants, notcontracts. grants are limited to 3

years.

Same as the House bill, except thatthe record transfer system may befunded through either grants or

contracts.

Deleted. Same as the House bill.

Application of provision limited tostudent record transfer systemcontract.

Grants or contracts shall be made todevelop and establish a nationalprogram of high school creditexchange and accrual. Such grantsor contracts are limited to 3 years.

Same. though makes explicit the

authority of the Secretary to

determine the amount.




Current law

CRS-40


Eligibility

State agencies directly responsiblefor the education of handicappedchildren are eligible for grants.

No provision.

Subpart 2--Programs for Handicapped Subpart ?--Programs for HandicappedChildren Children

State education agencies are Same as th? House bill.eligible for grants.

Application requirements

To receive a grant, SEAS must Essent.ally the same as the Houseprovide certain assurances to theSecretary of Education regardingcompliance and coordination withEducation of the Handicapped Act(EHA) programs, and provide annualreports on children served,educational placements, and uses offunds. SEAs must also establishpolicies, procedures, and guidelinesfor transferring students from Stateto local programs and, regardingstudents under LEA jurisdiction,from separate schools and programsinto regular educationalenvironments.

bill, except that specific languageon State and local pupil transferpolicies is not included.

Current law

CRS-41


Amount of grant

The maximum grant a State is e; -

gihle to receive under this programis equal to the cost factor used forchapter 1 basic grants (see above)multiplied by the number of hand-icapped children currently, or--ifcertain conditions are met- -

previously, in averagv dailyattendance at schools supported by

State agencies. No State mayreceive less than 85 percent of itsprevious year grant under thisprogram.

Children transfe-red from Stateprograms

When children are transferred fromState to local programs. they maycontinue to be counted under the

State agency program if they receivean app ropriate educational program,

and the funds generated by the childare transferred from the State to

the local agency.

12

Same as current law, excest that the Same as the House bill.child count is specif' :d as thenumber of handicapped childrenenrolled on December 1 in programsor schools operated or supported bya State agency, including earlyntervention programs, in the most

recent year for which data areavailable. Also, the 85 percent"hold harmless" provision is

removed.


(H-3

Current law

CRS-42

H.1. 5, as passed by House H.R. 5, as passed by Senate

Program requirements

States must use grants for supple-mentary services designed to meetthe special educational needs of

handicapped children, and must ad-minister these programs consistentwith the application requirementsand the caneral provisions of

Chapter 1.


(V,

State educations agencies must useprogram funds to provide supplemen-tary services to meet either the

special educational needs or theearly intervention needs of hand-icapped children. Programs must beadministered consistent with certainprovisions of the EHA. Funds maynot be used to provide services thatwere provided in the previous yearwith State or local funds.Recipients of funds must maintaindata necessary for programevaluation.

Uses of funds

Funds may be used for specificactivities described in thelegislation, such as services in

early intervention, preschool. ele-mentary, secondary and transitionprograms; acquisition of equipment;employment of personnel; and certaintraining, outreach, and planningactivities.

Same as the House bill, except thereis no specific prohibition againstthe use of funds to provide servicespreviously provided with State or

local funds. Also, grants underthis program may not be used for

construction.

Essentially the same as the Housebill.

Current law

CPS-43


Applications

No comparable provision, but

application requirements must be

consistent with those of the chapter1, basic grant program.

State or local agencies may receivegrants if they have on file with theSEA an approved application describ-ing projects to be undertaken over a3-year period. Applications mustassure that funded programs will

comply with certain requirements ofthe EHA, aro likely to provide a

demonstrable benefit to childrenserved, and comply with reportingrequirements. Applications mustcontain certain information onchildren served, describe the pur-poses of programs and the methodsof evoluating them, and specify toleservices that will be ,provided.

Under certain circumstances, an SE,may a cept a letter of request forpayment, rather than a comprehensiveapplication. from ft State or l:;(.131

agency serving children under thisprogram


Current law

Eligible children

Children counted for purposes of

payment entitlement and allocation(see above) must be served.

General Accountirg Office (GAO)study

Nu provision.

[)U

CRS-44


Children who may be served includehandicapped children from birththrough age 21 for whom the State isresponsible for providing a.. educa-tion, who are participating in a

State operated or supported schoolor program, or previou-ly partici-pated in such a program. If thesechildren art. fully sered, thengrants may be used to serve otherhandicapped children.

The GAO must conduct a study of theState agency program for handicappedchildren, including it relationshipto parts 8 and M of the Education oft 'i Handicapped Act. The f'indincso 'his study must be reporied to

t House Committee on education andLauor and the Senate Committee on

Labor and Human Resources by Jan.

30, 1989.


Essentially ',he same as the H usebill.

/".,t ,

Current law

CRS-45


State agencies responsible for theeducation of neglected and delin-Cloent children are authorized to

receive chapter 1 grants. Themaximum authorized payment level forthese grants is the number of ne-glected and delinquent childrenserved by State agencies multiplieoby the same cost factor as used forchapter 1 basic grants (see above).A "hold harmless" of .:5 percent of

the previous year ,rant is appliedto each State. Separ ?tely, an

amount equal to 5 percent of maximumgrants for this program is

authorized to be appropriated for

transition services for neglectedand delinquent children beingtransferred t local educationprograms.

Subpart 3--Programs for Neglectedand Delinquent Children

Same as current law, with the fol-lowing exceptions. A requirementfor annual evaluation of theseprograms is added. The 85 percent"hold harmless" provision is removedfrom the allocation formula. Statesmay reserve up to 10 percent of

their grants for transition servicesto pupils who have recently beenreleased from State institutions forthe neglected and delinquent. In

addition, it is stated. that pupil;who have been served under thisprogram within the last 2 years areeligible to be served under the

basic grant program; and that pupilsmay be eligible to be served underboth this program and the Stateagency program tor handicappedpupils.

Subpart 3-- Programs for Neglectedand Delinquent Children


Current law

CRS-46


No provision.

PART B--EVEN START PROGRAMS OPERATEDBY LOCAL EOUCATIONAL AGENCIES

A new Even Start program is author-ized as part 8 of chapter 1.

Grants are to be allocated to Statesin proportion to chapter 1 basicgrants. except that no State couldreceive less than 0.75 percent. ormore than 5.0 percent. of total

grants (although the 5.0 percent capis removed if appropriations exceed$50 million), and 3 percent ,f the

appropriation is set aside forgrants to programs for migrants.Funds may be used for joint educa-tion of children aged 1-7 yearsliving in chapter 1 basic grant

target school attendance areas. andtheir parents eligible to be servedunder the Adult Education Act.

Funds may also be used for stafftraining. The FV 1988 authorizationis $50 million, while that for FY

1989-93 is "such sums as may be

necessary." Awards are to be madeby State review panels selected bythe SEA.

TITLE II, PART A--EVEN START ACT

Same as the House bill. except: (a)

the program would be separate fromchapter 1; (b) grants would be madeon a discretionary basis by the

Department of Education--there is noState allocation formula; (c) the

authorized appropriations 4evel is

S25 million for FY 1989, rising to$30.5 million for FY 1993.

Current law

CRS-47


(NOTE: No comparable provision.though ECIA chapter 1 and chapter 2funds may sometimes be used forsimilar purposes.)

TITLE I. PART C--SECONDARY SCHOOL TITLE I, PART B--PROGRAMS FORPROGRAMS FOR BASIC SKILLS SECONDARY SCHOOL BASIC SKILLSIMPROVEMENT AND DROPOUT PREVENTION IMPROVEMENT AND FOR SCHOOL DROPOUTAND REENTRY PREVENTION, A!) TITLE VIII- -

DEMONSTRATION PROJECTS DESIGNED TOPDDRESS SCHOOL DROPOUT PROBLEMS ANDTO STRENGTHEN BASIC SKILLSINSTRUCTION

(NOTE: Part C establishes two newsecondary school programs. one fornational demonstration grants andone for State grants, both of which

-(NOTE: These provisions togetherestablish three new secondary schoolprograms that are similar to the

programs established by Title I.

are for improving basic skills and part C of the House bill. Titlereducing the number of students who VIII of H.R. 5/Senate creates twodo not complete school.) national demonstration grant

programs. the School DropoutDemonstration Assistance Act of 1987

(SDDAA) and the Basic SkillsDemonstration Assistance Act of 1987

(BSDAA). Title I. part 9 of H.R.5/Senate creates a State grantprogr..- for improving theachievement of educationally dis-advantaged children enrolled in

secondary schools and reducing the

number of students wh..) drop out.)

Current law

CRS-48

H.R. 5, as assed by House H.R. 5, as passed by Senate

NATIONAL DEMONSTRATION GRANTS NATIONAL DEMONSTRATION GRANTS

Appropriations Authorized

Appropriations of $100 mill.,, are SDDAA: Appropriations of $50 mil-suthoeized for FV 1989 and "such lion are authorized for fiscal yearssums as may be necessary" for fiscal 1988 and 1989. BSDAA: Appropria-years 1989 and 1990. tions of $200 million are authorized

for each of fiscal years 1988 and1989.

Allotment

Of the sums appropriated, 3 percentare reserved for programs for mi-clrant students.

The remainder generally is to be

divided equally between basic skillsand dropout activities.

No comparable provisions.

[Separate authorizations for SDDAAand BSDAA.]

Current law

CRS-49


Grants for dropout programs are al-lotted to local educational agenciesgrouped b, size of enrollment.

No comparable provision for drop-out programs.

SDDAA: Same approach, though en-rollment si-e categories and per-

centage allotments are different.Some funds are allotted to com-

munity based organizations. In

addition, 25 percent of funds in

each local educational agency cat-egory is allotted to educationalpartnerships.

SDDAA grants within each enrollmentsize category are to be equitablydistributed throughout the country.Not less than 30 percent shall be

used for prevention activities andnot less than 30 percent for reentryactivities.

Current law

CRS-50


Within each enrollment size cats- Priority shall be given SDDAA appli-gory, priority is to be given to cations showing replication o.

dropout program applicants having expansion of successful programs andeither very high numbers or very applications reflecting very highhigh percentages of dropouts. numbers or percentages of dropouts.

Special consideration is to be givenapplications emphasizing ear y in-

tervention programs and containingprovisions for parent involv.,ment.

Grants for basic skills programs areto be awarded equitably on the basisof geographic area, urban and ruralareas, size of school districts andschools, and characteristics of stu-dents involved in the programs.

Matching

Grants for dropout programs are to

be matched in increasing proportionsfrom the first year.

BSDAA: Special consideration is to

be given programs that have greatestneed (based on numbers of low-incomeand low-achieving children), arerepresentative of urban and ruralregions, and that offer approachesthat are innovative or show promiseof replication and dissemination.

SDDAA: Grants cannot exceed cer-tain proportions of total programcosts each year.

No comparable requirement for basic No comparable requirement for BSDAA.skills programs.

Current law

CRS-51

-t.R. 5. as passed by House H.R. 5. as passed by Senate

State grants:

Appropriations authorized

Appropriations of "such sums as maybe necessary" -re authorized forfiscal years 1991. 1992. and 1993.

Allocations

Of the sums appropriated. 3 percentis reserved for programs for mi-grant students.

The remainder is to be allocated.... ang the States in the same pro-portion as chapter 1 basic grants(the formula for which includes a

State minimum of 0.25 percent. witha cap on increase. in any 1 year).

Each State may reserve no more than'.. percent of is allocation for ad-m-nistrative costs.

Title 1, part B authorizes the

following appropriations:--FY 1990: $400 million--FY 1991: $450 million--FY 1992: $500 million--FY 1993: $550 million

Sale as the House bill.

Same as the House bill, except thatno State shall receive less than

one-half of one percent of the totalamount being allocated among the

States (this minimum is not part ofhe basic grant formula).


Current law

CRS-77,2


The remainder of a State's csiiut.Ztion is to be allocated to local

educational agencies that have the

greatest need for services as

measured by numbers it proportionsof lc -income or low - achieving

secondary school students cr drop-outs), that are representative of

urban and rural regions, ant that

have the greatest financ4a1 need toinitiate or expand programs.

Applications

All applications submitted by localeducational agencies must meet nu-merous requirements, including in-

formation and assurances about suchmatters as program goals, programactivities and services, personnelqualifications, serving schools andstudents with greatest needs (

ding special populations), parentparticipation, coordination with

other programs, provisions for pri-vate school students, arrangementswith local businesses to secure em-ployment for graduates, evaluation,etc.

R4

The remainder of a State's alloca-tion is to be allocated to local

educational agencies eligible for

chapter 1 basic grants that have thegreatest need for services (based onthe numbers of low-income or log-

ach evi nd cmildren), that arerepresentative of urban and ruralregions, that offer innovativeapproached to achievement or reduc-ing the number of dropouts, andthat show promise for replicationand dissemination.

With several exceptions. all appli-cations for Title I, part B fundsand BSDAA funds must meet similarrequirements. Applications for

SDDAA funds must gcherally meetrequirements that are similar to theadditional requirements of the Housebill for dropout programs (see

below).

Ei 5

Current law

CRS-53


Applications for dropout programsmust meet additiol.al requirements,including information and ass.srancesafrout such matters as consultationwith community based organizations,estimates of numbers and rates of

dropouts, plans for a dropout infor-mation system, plans for a compre-hensive project. that among otherthings meets special needs, hascoordination among schools, has anadvisory Council. etc.

Applications for basic skills pro-grams, must provide information on

the number of educationally deprivedsecondary school students not beingserved by chapter 1 or similar pro-grams and the number to be served bythe program for which funding is

Sought.

Applications 'or SDDAA funds must

meet requirements that are similar.Numbers and rates of dropouts for

the past five years must be docu-mented. Project specifications aremore numerous.

No comparable RrovisiJn.

Current law

CRS-54


Uses of funds

Funds for drcpout programs may SDDAA funds may be used in thesegenerally be used to identify same general ways (see below aspotential dropouts and prevent them well). Title I, part B funds spentfrom dropping out, to identify on dropout programs may els., be useddropouts and encourage them to it these same generP' ways. In ad-re t u rn to identify at-risk dition, they may be used forelementary and seco nary students coordination activities with voca-and provide early intervention, and tional education, adult basicto establish model information education, and Job Trlining Part-systems. nership Act programs, and for

consortia of community-basedorganizations and other public andprivate agencies. Not more than 50percent of title I. part B funds maybe used for dropout activities (therest may be used for basic skillsactivities).

n :I

Current law

CRS-55


Funds for dropout progra-s may alsobe used for a wide variety of activ-

ities. including such things as sys-temwide procedures and plans. socialwork services, ombudsmen, extendedday and summer programs, work-studyand other employment-based programs.community-based resources, revisionof placement programs, curriculumreviews, training, coordination withdrug and youth gang prevention pro-grams. analysis of dropouts amongthe gifted and talented. testingservices. etc.

Funds for basic skills programs maygenerally be used to improve the ba-sic skills of secondary school stu-dents eligible to participate in

chapter 1 basic grant programs.They also may be used for meetingspecial educational needs andhelping students attain grade levelproficiencs. remedial programs.innovat v. approaches to sur-mount i r 3 ,cheduling and otherbarrier% '.raining, counseling and

supo--t services, peer tutors. etc.

Not more than 25 percent of grant

funds used for basic skills programsmay be used tor non-instructionalservices.

SDDAA funds may be tr:.ed for similar

activities. In addit' 1, they can

be used for analysis t,f dropoutsamong students who are handicapped,use drugs. or are gang members, andfor using telecummunications tech-nologies. Educational partnershipactivities are listed separately.Not less than 30 percent of SODAAfunds may be used for preventionactivities nor less than 30 percentfor reentry activities.

Title I, part B and BSDAA funds forbasic skills programs may be usedfor similar activiti..., though titleI, part B.

1

does not have explicitrequirement that students be eligi-ble to participate in chapter 1

basic grant programs. In addition,there are provisions for programsinvolving community-basedorganizations and for studentsoutside of school.

Same as the House bill, though titleI. part B also has such limit for

grant funds used for dropoutprograms.

Current law

CRS-56

H.R. 5. as passed by house H.R. 5. as passed by Senate

Not more than 10 percent of grant Same for SDDAA and BSDAA. Nofunds for either dromout or basic comparable requirement for title I.

skills programs may be Lsed for part b.administrative costs.

Both dropout and basic skills Similar for title I. part B. Noprograms must comply with general comparable provisio for SDOAA or

fiscal requirements for chapter 1 BSDAA.basic grarc programs.

Evaluation

National demonstration grant pro- Local educational agencies may usegrams are to be evsloated by the SDDAA funds for evaluation. NoSecretary. comparable provision for BSDAA.

Local educational agencies annuallymust evaluate programs assisted byState grant funds.

Title I. part B has more detailedrequirements. Results must be

submitted to State educationalagencies at least every 2 years.

State educational agencies most alsoconduct cnc make public evaluationsof local program..

Current law

CRS-57

H.R. 5, as prssed by House H.R. 5, as passed by Senate




Under title I. part B, schoolsshowing a decline in achievement ofchildren served in any 2 consec-utive years, or showing no declinein their dropout rate. must submitdetailed improvement plans to thelocal educational agency, whichshall review them and provide tech-nical assistance. State educationalagencies shall provide technicalassistance if achievement declinesfor an additional 2 years.

Other provisions

SDUAA mandates a national schooldropout study to be conducted by theSecretary of Education.

Title VIII requires the Secretary ofEducation to establish by regulationa standard definition of a schooldropout.

Current la.

CRS-58


State administration grants

State education agencies (SEAs) areauthorized to receive administrativegrants of 1 percent of total chapter1 grants to the State. or a minimumof $225,000 ($50,000 for theOutlying Areas).

PART E--PAVMENTS

The authorized State administrationgrant level is 1 pzrcent of Stategrants under parts A and D of

chapter 1. or $303,000 ($50,000 forthe Outlying Areas). No more than15 percent of these grants may be

used to pay for indirect costs.

PART 0--PAVMERTS

i

Th4 authorized State administrationgrant level is 1 percent of Stategrants under parts A and C of

chapter 1. or $325,000 (S50,000 forthe Outlying Areas). No more than15 percent of these grants may beused to pay for indirect costs.

In addition, in any fiscal year whentotal chapter 1 appropriations equalor exceed $4.8 billion, additional"State education improvement admin-istrative grants" are authorized tobe paid. For the first 2 yearsduring which such payments are made.the authorized level is 0.5 percentof grants under parts A and C of

chapter *, or $160,000 ($25,000 forOutlying Areas), For any subsequentyears, the authorized level is 1

percent of grants under parts A andC of chapter 1. or $325,000 ($50,000for Outlying Areas).

CRS-59

Current law H.R. 5, as passed by House H.R. 0 as passed by Senate

State administration

State educational agencies (SEAS)

are to: approve LEA applications;evaluate chapter 1 programs in LEAsof the State; provide guidance andtechnical assistance to LEAs; andmonitor LEA administration andoperation of chapter 1 programs.

No comparable provision,

PART F--GENERAL.PROVISIONS PART E--GENERAL PROVISIONS

Same as current law, ,xith the fol-lowing exceptions. Requirementsare added for coordination of

Federal. State, and local admin-istration of chapter 1, and formonitoring of State-initiatedregulations and policies for chapter1 programs. Provision is made forprorating costs for staff who workon both chapter 1 and similar Stateprograms. Finally, States areprohibited from taking chapter 1

grants into account as a local

resou'ce in State school financeprograms.

Federal regulations

It is required that proposed De-

partment of Education regulationsbe reviewed by regional panels of

Federal, State, and local admin-istrators of chapter 1 programs.


All proposed Federal regulations forchapter 1 must be developed througha negotiated rulemaking process, asdefined in the "Procedures for

Negotiating Proposed Regulations"(47 Federal Register 30708).

Current law

CRS-60


Carryover funds

Under sec. 412 of the GeneralEducation Provisions Act, LEAs maycarry over chapter 1 grants for useduring the fiscal year followingthat for which they were obligated.There is no limit on the percentageof funds that may be carried over.

No provision.

No provision.

ieo

The percentage share of each fiscalyear's chapter 1 grant to an LEA

that may be carried over t the

following fiscal year is limited to25 percent for FV 1988, and 15 per-cent for FV 1989, and beyond. Thislimit does not apply to LEAs that

receive chapter 1 grants of less

than $50,000 per year.

Policy manual

The Secretary of Education is to

prepare a chapter 1 policy manual.This manual is to be made availableto SEAs, LEAs, parents, and otherinterested individuals andorganizations.

Evaluation standards


develop national standards for localevaluation of chapter 1 programs, toallow national aggregation of

evaluation results. Such nationalevaluation results are to bereported 'to the appropriatecommittees of the Congress every 2

years.

Same as the House Oill, except thatthe limits are 25 percent for FV

1989, and 15 percent for FV 1990 andbeyond.

Same as the House bill,


Current law

CRS-61


No provision.

No provision.

Longitudinal study of participatingchildren


contract with the organizat;onconducting the National Assessmentof Educational Progress (NAEP) tocarry out a national longitudinalstudy of children eligible for endparticipating in chapter 1 programs.This study is to assess the effectsof chapter 1 participation on indi-viduals through the age of 25

years.

Studies of tutorial and ruralprograms

Same as the House bill, except thatit is not required that the

organization conducting the NAEP

carry out this study.

If funds are available for research No provision (although a separate1

activities by the Secretary of Edu- Rural Education Opportunitiescation. the Secretary is to conduct program is authorized under titlestudies of the effectiveness of II, part I--see below).tutoring chapter 1 participants by

postsecondary students, and of

eetective chapter 1 programs in

rural areas.

Current law

CRS-62

H.R. 5, as passed by House H.n. 5, as passed by Senate

No provision.

Authorization of appropriations

The appropriations authorizationlevels for chapter 1 programs arenot specified, but are based on themaximum payment levels acceding tothe allocation formulas for basic,

concentration, State agency, andState administration grants, as

discussed above.

1 1'4

Allocation formula study

The Secretary of Education is

required to conduct a study of theformulas used to allocate fundsunder chapter 1 and other Federalprograms of aid to elementary andsecondary education. This study isto consider whether States should berewarded in these allocation for-

mulas for making greater than aver-age "tax and fiscal efforts" in

support of elementary and secondaryeducation, and to consider variousmeans of defining such "tax andfiscal efforts". The study is alsoto consider the "reliability andcurrency" of data on children in

poor families that are used in

allocating chapter 1 LEA grants.

Same as current law, except for thereservation or specific authori-zation of certain appropriations forconcentration, Even Start, anddropout prevention/secondary schoolbasic skills grants (see above).


Same as the House bill, except thatthe Even S.art program is not partof chapter 1,

105

Current law

CRS-63


STATE EDUCATION BLOCK GRANT

CHAPTER 2, EDUCATION CONSOLIDATION TITLE I, CHAPTER 2--FEDERAL, STATE, TITLE I, CHAPTER 2--PROGRAMS FORAND IMPROVEMENT ACT AND LOCAL PARTNERSHIP FOR ELEMENTARY AND SECONDARY EDUCATION

EDUCATIONAL INNOVATION IMPROVEMENT

Purpose

The purpose is to consolidate morethan 40 previous Federal programsfor elementary ano secondary edu-cation into a single authorizationof ter-ants to the States, with thegrants to be used according to the

educational needs and priorities asdetermined by State and local edu-cational agencies. Further purposesare to improve education and to

reduce the administrative andpaperwork burden. The adminis-tration of funds is the respon-sibility of State educationalagencies. but program design andimplementation is basically the

resoonsibility of local educationalagencies.

The purpose is rewritten to: The purpose is rewritten to provideemphasize promising educational a single grant to States to meetprograms; support innovation, State and local needs and prioritiesimprovement, and library and related to specified critical needsinstructional materials: place in education. State educationalresponsibility for administration agencies are to have the responsi-with State educational agencies; bility for the administration ofplace responsibility for design and funds, but program design andimplementation with local educa- implementation will mainly be thetional agencies; and support responsibility of local educationaleffective schools programs. agencies.

Current law

CRS-64



There are authorized to be appro-priated "such sum:. , 'nay be ne-

cessary" for FY 1987 fhe Secretarymay reserve up to 6 percent of the

total appropriation for nationalprograms and activities.

Allotments to States

The Secretary reserves 1 percent ofthe funds for the Outlying Areas.Funds available for the States (the

50 States, the District of Columbia.and Puerto Rico) are allotted in

proportion to the number of personsaged 5 through 17. except that no

State shall receive less than 0.5percent of the total allotm-nt for

States.

There are uuthorizeC to be appro-priated $580 million for FV 1988 and"such sums as may be necessary" foreach of fiscal years 1989 through1993. The Secretary may reserve upto 6 percent of the total appropria-tion for national programs andactivities.

PART A--STATE AND LOCAL PROGRAMS

The allotmcnt provisions are ex-

tended, except that not more than 1

pe '-cent would be reserved for the

Outlying Areas (instead of exactly 1

percent).

There are authorized to be appro-priated $580 million for FY 1989.

$610 million for FY 1990, $640million for FY 1991. $672 millionfor FY 1992. and $706 million for FY1993. The Secretary may reserve upto 6 percent of the totalappropriation for national programsand priorities,

PART A - -TATE AND LOCAL PROGRAMS


1 .

Current law

CRS-65


Al:ocations to local educationalagencies

At least 80 percent of each State. grant must be a located to local

educational agencies in proportionto public and private elementary andsecondary school enrollment,adjusted to provide higher per pupil

Allocation provisions are similar. Allocation provisions are similar toexcept that: (1) private schoolchildren are counted only if theydesire to participate in Chapter 2

programs; and (2) the adjustment toenrollment is limited only to (a)

allocations for agencies with the children from low-income familiesgreatest numbers or percentages of and (b) children living in sparselychildren whose education imposes a populated areas. The use ofhigher than average cost per pupil.

110

additional funds provided to a localeducational agency that resultedfrom the adjustment to enrollmentis r,stricted; these funds are tobe used by the agency to provideservices f.r children enrolled in

each public or private school in

proportion to the number of studentscounted for the adjustment.

current law, except that privateschool children are counted only if

they desire to participate in

chapter 2 programs.

111

Current law

CRS-66

H.R. 5, as passed ty House H.R. 5, as passed by Sencte

State applications

State applications must provide fora process of consultation withspecified State officials, edu-cators, and representatives of thepublic with regard to the use of

funds reserved for the State edu-cational agency, the formula forthe allocation of funds to local

eou cat i ona 1 agencies, and theimplementation and evaluation of

programs. Annual evaluations of

program effectiveness are required.There must be an assurance that theState has not influenced the local

determination of chapter 2 expend-itures. Applications must be for aperiod not to exceed 3 years.

112

Stat, application provisions aresimilar, except that: (1)librarians, school counselors, andother pupil services personnel areadded to the list of persons to beconsulted; and (2) applicationdetails are specified concerning theadjustments to enrollment as thebasis for the allocation of funds tolocal educational agencies.

State application provisions aresimilar, except that librarians,School counselors, and other pupilservices personnel are added to thelist of persons to be consulted.

113

d

Current law

CRS-67


State use of funds

Funds reserved for the use of the

State educational agency may be

used for any of the activitiesauthorized by the more than 40

programs antecedent to chapter 2,

including administrative costs for

Funds reserved for the use of the

State educational agencies are

PART B -- TARGETED ASSISTANCE FOR

EDUCATIONAL IMPROVEMENT

State (and local) use of funds is

limited to: (1) special educationalrestricted to: (1) administrative needs of students at risk and highactivities, including evaluationsand operation of the State advisorycouncil; (2) technical assistance

carrying out related State and direct grants to local educe-responsibilities.

114

cost students; (2) disadvantagedsecondary school students and for

reducing illiteracy among studentsand adults; (3) gifted and talented

tional agencies; and (3) effective students: (4) dropout preventionschools programs. States may not and for reentry of dropouts; (5)

use more than 25 percent of their parental involvement in thefunds for administrative activities,and must use at least 25 percent foreffective schools programs.

educe t i on o f economical 1 ydisadvantaged children and forincreasing t',e literacy of suchparents; (6) early childhoodeducation; (7) secondary schoolcurricula enrichment; (8) schoollibrary books, textbooks, andrelated materials and equipment;(9) implementation of school-widereforms, innovations, and improve-ments and professional developmentof school personnel; (10) personalexcellence achievement of students;and (11) implementation of Statereforms. Funds may be used for

guidance and counseling, and activ-ities related to expanding edt. a-

tional opportunities.

t.115

Current law

CRS-68


Local applications

I order to receive funds, local Provisions are similar, except that Essentially the same as the Houseeducational agencies must apply to the allocation of funds among pro- bill, except the allocation, of fundsthe State educational agency. The grams and projects must be among activities must be specifiedapplication must: (1) describe the specified. as well.planned use of funds among the vari-ous programs authorized by chapter2, including the allocation of fundsfor the participation of childrenenrolled in private schools: (2)

assure compliance in the partici-pation of children enrolled in

private, nonprofit schools, and theplanned allocation of funds to sup-port programs for such children;and (3) provide for systematiccoisultation with parents, teachers.and school officials with regard tothe allocation of funds and theimplementation of programs. The

local educational agency must ensurethat chapter 2 expenditures are in-tended to meet the educational needsof its schoo s. Applications musthe for a period not to exceed 3

years.

116 117

Lurrent law

Local use of funds

CRS-69


Funds available for Usk. by local

educational agencies may be used forany of the activities authorized bythe more than 40 programsantecedent to chapter 2,

11 8

Local educational agencies must usechapter 2 funds to carry out innova-tive prtgrams and projects, or pro-mote educational excellence, throughprograms for: (1) at-risk or highcost children; (21 effectiveschools activities; (3) instruc-tional and educational materialsimprovement; (4) personnel enhance-ment; (5) special projects, includ-ing programs for gifted and talentedstudents, youth suicide prevention,technology education, communityeducation, and career education.

The same provisions apply to the

local use of funds that apply to theState use of funds (see above).

119

Current law

CRS-/0


No provision.

120

Effective schools programs

Special emphasis .s placed on Title II, part 9, authorizes a

effective schools programs; local simi lar program (the majoreducational agencies are authorized difference is that under the Senateto carry out such programs, and each bill, the program is separatelyState educational agency must spend funded, rather than being made aat least 25 percent of its funds to part of the chapter 2 program).provide assistance to local educa-tional agencies for such programs.These programs are defined by thefollowing characteristics: (1)

strong and effective administrativeand instructional leadership: (2)

emphasis on acquisition of basic andhigher order skills; (3) safe andorderly school environment; (4)

expectation that virtually all stu-dents can learn under appropriateconditions; and (5) continuousassessment of students and programsto evaluate the effects ofinstruction.

121

Current law

CRS-71


Maintenance of effort; Federal fundssupplementary

In order to receive in any fiscalyear its full chapter 2 a!location.each State must spend for freepublic education an amount equal t

at least 90 percent of the z t

it spent in the pr.iceding year. .he

Secretary shall reduce a State'sallocation by the percentage by

which it fails to maintain suchexpenditures; the Secretary maywaive tr.: requirement, for 1 yearonly, under exceptional circum-stances. Chapter 2 funds may beused by State and local eoucationalagencies only to supplement orincrease the funds available fromnon-Federal sources, and may not beused to supplant State and local

funds.

Essentially the same as current law. Essentially the same as current law.

123

,.,

Current law

CRS-72


Participation of children enrolledin private schools

State and local educational agenciesmust assure equitable participationof children enrolled in privatenonpublic elementary and secondaryschools, including equal expend-itures, and take into account theneeds of the individual children;the provision of services must be

consistent with the number of

private school children. Servicesinclude materials, equipment, andprograms for participation of

teachers and other personnel servingsuch children. The Secretary mustarrange for such services if a Stateor local educational agency has beenfound to have failed or to be un-

willing to provide services.Funding for services to privateschool children must be paid from

the appropriate grants to State andlocal educational agencies.

124

Essentially the same as current law. Essentially the same as Current law.

1 25

Current law

CRS-73


Evaluations and reports

Each local educational agency, as

part of its application for funds.

must agree to keep such records andprovide such information as reason-ably may be required by the Statefor program evaluation. Each Stateeducational agency must provide foran annual evaluation of programeffectiveness, with the results madeavailable to the public; each Statemust also keep records and provideinformation to the Secretary as maybe required for program evaluation(consistent with the Secretary's"responsibil cies" under chapter 2).Chapter 2 gives no specific respon-sibilities to the Secretary with

regard to reports or the evaluationof State or local programs.

Technical assistance

With funds available for nationalprograms, the Secretary is au-

thorized to provide technicalassistance to State and localeducational agencies.

126

Each local educational agency must

report annually to the State withregard to its use of chapter 2

funds. Each State educationalagency must evaluate annually the

effectiveness of State and local

chapter 2 programs, and submit a

copy of the evaluations and a

summary of the local reports to theSecretary. The Secretary must de-

velop a model system for States touse for data collection and re-

porting, and submit an annualreport to the Congtess that sum-marizes State evaluations of

chapter 2 programs and provides a

national overview of the uses of

chapter 2 f u n d s a n d theeffectiveness of chapter 2 programs.

Upon request, the Secretary must

provide technical assistance to

State and local educationalagencies. (No specific funds are

provided for this activity.)



127

Currant law

CRS-74


Programs and activities

The Secretary is authorized to makediscretionary grants from availablefunds. However, funding is firstreserved for five specific programs:the Inexpensive Book DistributionProgram, the Arts in Education Pro-gram. alcohol and drug abuse educa-tion programs, the law-relatededucation program, and the NationalDiffusion Network. Remaining fundsmust be used for studies, research.demonstrations, teacher training.

implementation assistance, and otheractivities consistent with chapter 2purposes.

PART B -- NATIONAL PROGRAMS ANDACTIVITIES

Similar national programs and ac-tivities x.re authorized, with the

exception of alcohol and drug abuseeducation programs (which will nolonger be authorized). Except for

the National Diffusion Network.greater detail is given for the useof funds. The Secretary is to

conduct a national study of effec-tive schools programs. Aftermeeting the funding priorities(spe:ified below) the Secretary is

to use remaining available funds tucarry out programs and projectswhich further the purposes of

chapter 2 programs implemented bylocal educational agencies, withpriority given to technology edu-cation projects.

PART C--NATIONAL PROGRAMS AND$.CTIVITIES

Similar national programs andactivities are authorized, with twoexceptions: (1) alcohol and drug

abuse education programs are no

longer authorized, and (2) a Blue

Ribbon Schools program is authorizedto recognize excellence or qualityin schools or programs. Except forthe National Diffusion Network.greater detail is given for the useof funds. Afte meeting the fundingpriorities (specified below), the

Secretary may use remaining funds toconduct programs and projects that

contribute to the objectives speci-fied for State and local programsauthorized under chapter 2. with

priority given to technology educa-tion projects.

Current law

CRS-75


Funding for national programs andactivities

. Minimum funding levels are specifiedfor five national programs, as fol-lows: the Inexpensive Book Distri-bution Program--the FV 1981 amount;the Arts in Education Program--theFV 1981 amount; alcohol and drugabuse education programs--the FV

1981 amount; the law-related educa-tion program--$1 million; and the

National Diffusion Network--34percent of the total available fornational programs and activities.

No provision.

130

Minimum funding levels are changed.First, 34 percent of the fundsavailable to the Secretary arereserved for the National DiffusionNetwork. The Inexpensive Book Dis-tribution Program is funded next.at least at an amount necessary tosustain its level of operationsduring FV 1987. Subject to avail-ability of funds, the Arts in Edu-cation Program and the law-relatededucation program are funded at theFV 1987 level of operations.

PART C--GENERAL PROVISIONS

Transition provisions

Regulatory provisions of chapters 2

and 3 of the ECIA that are in effecton or before the effective date ofthis Act are continued until revokedby the Secretary, a court of compe-tent jurisdiction, or operation of alaw other than this Act. From Oc-tober 1, 1987. through June 30,

1988, funds could be spent in

accordance with either chapter 2 of

Minimum amounts are changed.Subject to the availability of

funds. S11.2 million is to be spentfor the National Diffusion NetworkActivities; $8.2 million for the

Inexpensive Book Distribution pro-gram; $3.5 million for the Arts in

Education program; $3.2 million forthe Law-Related Education program;and $1.5 million for the Blue RibbonSchools program.

PART 0 -- GENERAL PROVISIONS

Provisions are similar to the Housebill, except the specifiedtransition dates nre for the periodOctober 1. 1988, through June 30,

1989.

131

Current law

CRS-76


No provision.

No provision.

132

the Education Consolidation andImprovement Act of 19C:, or chapter2 of this Act.

Repeal of Chapters 2 and 3

Chapters 2 and 3 of the EducationConsolidation and Improvement Act of1981 (ECIA) are repealed. (Chapter3 of ECIA contains general provi-sions relpting to chapters 1 and 2

of EC1A.)

Study of school reform

The Secretary must conduct a studyof school reform activities, to

evaluate their impact on studentachievement, schnol dropouts, Statefunding of reform activities, en-rollment in types of curricula, andachievement of special populations.The final report is to be submittedto the House Comm,ittee on Educationand Labor and the Senate Committeon Labor and Human Resources no

later than July 1, 1989. There areauthorized to be appropriated $1

million to conduct this study.


No ?rovision.

13'3

Current law

CRS-77


No provision.

134

Office of comprehensive schoolhealth education

The Secretary is authorized to

establish, within the Office of theSecretary, an Office of Comprehen-sive School Health Education. TheOffice is to: recommend mechanismsfor the coordination of Federalschool health education programs,advise the Secretary on schoolhealth education policy for theDepartment, and disseminate in-formation on health educationcurriculum.

No comparable provision, but supportfor comprehensive school healtheducation programs is authorizedunder the Secretary's Fund forInnovation in Education (title II,

part J--see below).

115

Current law

CRS-78


BILINGUAL EDUCATION PROGRAMS

TITLE VII -- ELEMENTARY AND SECONDARY TITLE VII--BILINGUAL EDUCAYION TITLE VII--BILINGUAL EDUCATIONEDUCATION AZTBILINGUAL EDUCATION PROGRAMS PROGRAMSACT

Statement of purpose; programdescription

The purpose of the Bilingual Educa-tion Act is to help limited English-proficient (LEP) students to acquirethe English language proficiencynecessary to entar all-English reg-ular classes, while at the sametime meeting grade promotion and

graduation standards. The Act cur-rently authorizes three types of

activities. Under "Bilingual Pro-grams" (part A), Federal financialassistance is provided throughdiscretionary grants primarily to

local school districts for the

support of educational services to

LEP students. Under "Support Serv-ices" (part B), awards are made toa variety of recipients for datacollection and technical assist-ance, research, and dissemination ofinformation on educational servicesfor LEP students. Under "TrainingGrants" (part C), awards are made toSEAs and institutions of highereducation for inservice and preserv-ice training of educational person-nel and parents of LEP students.

136

The Act is extended through fiscalyear 1993, and its basic structureis retained, with the exception of

the specitic changes describedbelow.

The Act is extended through fiscal

year 1993, and its basic structureis retained, with the exception of

the specific changes describedbelow.

127

Curren' law

CRS-79

H R. 5, as passed by House H R. 5, as passed by Senate

Allocation of funds

At least 60 percent of the total ap-propriation for the Act is reservedfor programs under part A, bilingualeducation programs. At least 75

percent of the funds appropriatedfor part A must be used to supportprograms of transitional bilingualeducation (TBE), while 50 percentof the total appropriation above$140 million, but not more than 10

percent of the total appropriationfur the Act, is reserved for the

support of alternative instructionalapproaches to TBE. In any fiscalyear in whi ch the totalappropriation for the Act does not

exceed $140 million, the Secretarymust reserve 4 percent of the totalfunds appropriated for alternativeinstructional programs. At least 25percent of the total appropriationfor the Act must rd used to supporttraining activities un...er past C.

The Secretary may use up to 1 per-cent of the total appropriation forsupport of the National Advisoryand Coordinating Council on Bilin-gual Education.

138

All programs currently funded underthe Act are to receive at least thesame level of funding as they re-

ceived in fiscal year (FV) 1987,plus increases to compensate forinflation. At least 70 percent, butno more than 75 percent, of any newfunds appropriated for the Act

above the FV 19B7 level are reservedfor the support of alternative in-

structional approaches to TBE. Of

the remaining funds above the FV

1987 level, 25 percent are reservedfor the support of TBE and programsof developmental bi,ingual educa-tion. From this 25 percent of newfunds, $1 million are reserved forFV 1988 for the support of develop-mental bilihgual education programs.This $1 milli°, fiscal year 1988funding level for developmental bi-lingual education is to be increasedby $150.000 each subsequent fiscalyear through 1993. From the tote'funds appropriated for the Act forany fiscal year. the Secretary is

required to reserve at least 20

percent--or the same level of fund-ing available in FY 1987, whicheveris greater--for support services andtraining activities under part C.

From the yearly appropriated sums,at least 60 percent shall be usedfor part A bilingual educationprograms. Of that amount, at least75 percent shall be reserved for

transitional bilingual educationprograms, with no more than 25

percent of the yearly appropriationsto be used for special alternativeinstructional programs. At least25 percent of the appropriations isto be used for part C trainingactivities.

1.19

Curren! law

CRS-E0


Family English literacy programs

Family English literacy programs(funded under part A) are designedto help LEP adults and out-of-schoolyouth achieve competence in theEnglish language.

Parental notification

The parents of stuoents partici-pating in programs supported underthe Act must be informed o: theinstructional goals of the programand the progress of their childrenin the program.

140

Family English literacy programs mayinclude instruction designed to en-able individuals participating in

the legt.lizatton program unde- theImmigration Control and Reform A,tto achieve a basic understanding ofEnglish and U.S. history andgovernment.

Existing requirements are modifiedby specifying that informationprovided to parents must be in a

language and form the parentsunderstand.

Family English literacy programs(funded under part A) are designedto help LEP adults and out-of-schoolyouth achieve competence in theEnglish language. Preference forparticipation in such programs shallbe accorded to parents and immediatefamily members of children enrolledin programs assisted under thistitle.

Existing requirements are modifiedby specifying that information onthe bilingual education program.selection of participants, andalternative educational programs beprovided to parents, to the extentprarticable, in a language and formthe parentS understand, and with theopportunity for parents to expressapproval or disapproval of theirchildren's enrollment in suchprograms.

141

Current law

CRS-81


Programs to develop instructionalwaterials

This program (funded under part A)

provides support for the developmentof instructional materials notavailable commercially.

No provision.

Separate grants for the developmentof instructional materials areeliminated.

Technology-based instruction

Programs Supported under part A areauthorized to use funds to providetechnology-based instruction tostudents.

Essentially the same as current law.

No provision.

Programs of academic excellence

Grants awarded under this program Grants under this program (funded Grants under this program (funded(funded under part A) are made to under p, A) may be awarded to under part A) may be awarded tolocal school districts or insti- local school districts, institutions local educational agencies, andtutions of higher education apply- of higher education, and private institutions of higher educationing jointly with local school nonprofit organizations, applying applying jointly with one or moredistricts. separately or jointly. local educational agency.

142 143

Current law

CRS-82


Preservice activities

During the first 6 months of a grat.tawarded under part A for the supportof transitional bilingual educa-tion, developmental bilingual edu-ration, and alternative instruc-tional programs, an applicant mustengage exclusively in preserviceactivities, unless this requirementis waived by the Secretary.

No provision.

Training under part A grants

Grantees must provide or securetraining for personnel participatingin programs supported under part A.

144

Grantees are permitted to engageexclusively in preservice activitiesduring the first 12 months of a

grant, The provision that allowsthe Secretary to waive this require-ment would be eliminated.

Parental advisory councils

A new requirement is added thatlocal school districts providesupport to parental advisorycouncils.

Grantees are required to ensure thattraining provided under part A

grants assist educational personnelto meet State and local certifica-tion requirements.

Same as current law.

Applications shall be developed ii.

consultation with an advisorycouncil, of which a majority shallbe parents. After application ap-proval, continuing consultation withthe advisory council shall bemaintained.

Grantees are required to ,:eovide or

secure training for personnel, andto the extent possible, award col-lege or university credit for suchtraining.

145

Current law

CRS-83


State program grants

The Secretary is required to pay

each State education agency that hasan approved State program at least

550.000, but no more than 5 percentof the total funds awarded underthis Act for local programs withinthe State. each fiscal year.

The minimum State education agencygrant is increased from $50,000 to

$75.000.

Research

No comparable provision. Provisions are added: (1) requiringa longitudinal study of the impactof bilingual education programs onLEP students. using a nationallyrepresentative sample of the pro-grams funded under the Act, andproviding information on grade

Same as current law, except that themaximum amount shall not be greaterthao 5 percent of the total grantsawarded ander this Act to local

edt.cational agencies, privatesctools, institutions of highere d u c a t i o n , o r nonprofitorpanizat ions within the State in

the preceding fiscal year.

Provisions are added requiring a

longitudinal study to measure thee 'fect of this title on the educa-tion of LEP students. The clear-inghouse on bilingual education is

not required to coordinate its

activities with the National Dif-retention, academic performance, and 'usion Network.dropout rates; and (2) requiringthat the clearinghouse on bilingualeducation coordinate its activitieswith the National Diffusion Network.

Current law

CRS-B4


Coordination of research

The Director of the (former)National Institute of Education is

required to consult with the Direc-tor of the Office of BilingualEducation and Minority LanguagesAffairs and the National Advisoryand Coordinating Council on Bi-lingual Education to ensure thatresearch activities are comple-mentary and not duplicative.

Education statistics

The Center for Education Statisticsis required to collect ana publishdata on LEP persons, the specialeducational services and programsavailable to them. and theavai labi lity of qualifiededucational personnel to providesuch services and programs. Thesedata are to be provided for the

States. Puerto Rico. and theOutlying Areas, and are to be

published as part of the ,Center'sannual report on the condition of

education. To the extent feasible,the Center is to use data alreadysubmitted to the ED under this Act.

148

The Assistant Secrete./ for Educa-tional Research ana Improvement is

required to consult with the SenateCommittee on Labor and Human Re-sources and the House Committee onEducation and Labor tc ensure thatresearch activities are complemen-tary and not duplicative.

Same as current law, except theCenter is also required to use, to

the extent feasible, data collectedby other Federal agencies in

addition to that collected by the

Department of Education.

The Assistant Secretary for Educa-tional Research and Improvementshall consult with the Director ofthe Office of Bilingual Educationand Minority Languages Affairs to

ensure research activities arecomplementary and not duplicative.


14Si

Current law

CRS-85

H.R. 5, as passe. by House H.R. 5. as passed by Senate

Reports

The Secretary is required to submitto Congress and the President a bi-t nual report on the condition of

bilingual education.

No provision.

The Secretary is required to includeirf Irmation on major findings of

title VII research activitiescarried out during the preceding 2

fiscal years in the biannual reportto Congre s and the President.

The ,erector of the Office of

Bilingual Education and MinorityLanguages Affairs is required to

report annually to Congress and thePresident concerning the grants andcontracts awarded under this titlein the preceding fiscal year. andthe number of individuals receivingservices under this Act.

The Secretary shall prepare a reporton the condition of bilingualeducation in the Nation and on the

administration and operation of thistitle. he report shall include ademonst.ation of the coordinationand cooperation with other programsadministered by the Department of

Education. The report shall be

submitted to Congress and thePresident no later than Feb. 1,

1992.

No provision.

Current law

CRS-86


National Advisory and CoordinatingCouncil on Bilingual Education

The Council is composed of 20 mem-bers (appninted by the Secretary)who have elperience in dealing withthe educational problems of LEPindividuals.

No provision.

152

The Council is eliminated. TheSecretary is required to consultinstead with State directors of

bilingual education. The Secretaryis also required to consult withevaluation assistance centers,individuals, and organizations withexpertise in testing and evaluationin developing program evaluationrequirements under the Act.

Reviewing and scoring grantapplications

The Secretary is required to use asgrant application reviewers pe-sonsMho are not employed by the FederalGovernment and who are experiencedand involved in educational programssimilar to those they are evalu-ating. The Secretary is required tosolicit nominations for grantapplication reviewers from Statedirectors of bilingual education.

There are no provisions for the

Council. When organizing research,the Secretary is required to consultwith the Director of the Office ofBilingual Education and MinorityLanguages Affairs. representativesof State and local educationalagencies, and groups andorganizations involved in bilingualeducation.

No provision.

Current law

CRS-87

.i.R. 5, as passed by House H.R. 5, as passed by Senate


The authorization of appropriations There are authcrized to be appro- There are authorized to be appropri-for the Bilingual Education Act is priated $246 million for FV 1988, ated $168.0 riillion for FY 1989."such sums as may be necessary" for and "such sums as may be necessary- $176.5 million for FY 1990. $185.3each of fiscz) years 1987 and 1988. for each of fiscal years 1989 million for FY 1991. $194.5 million

through 1992.

No provision. No provision.


for FV 1992. and $200.4 million forFV 1993. In addition. "such sums asnay be necessary" are authorized tobe appropriated for each of fiscalyears 1989 through 1993 for Stateeducation agency programs. Notwith-standing these provisions, themaximum amount authorized to be

appropriated to carry out theprovisions of this title is $176.0million for FV 1989.

Program 4nrollment

A student may remain in a programfunded under this title no morethan 5 years, and onll if sufficientneed is demonstrated.

Student assignment limitation

No student shall be assigned to anyFederally assisted education programmerely on the basis of theirsurname.

Current law

CRS-88


SCIENCE, MATHEMATICS, AND FOREIGN LANGUAGE EDUCATION

EDUCATION FOR ECONOMIC SECURITY ACT, TITLE II- -CRITICAL SKILLS TITLE VI--EDUCATION FOR ECONOMICTITLE II--EDUCATION FOR ECONOMIC IMPROVEMENT SECURITYSECURITY

This title authorizes a program ofassistance to improve instruction inmath, science, computer earning.and foreign languages.


Current law authorizes $350 millionfor FV 1988.

The House bill repeals the currentprogram, replacing it with a similarprogram, the Critical Skills Act.The program is to improve instruc-tion in math and science.

PART A -- REAUTHORIZATION OF ECONOMICSECURITY ACT

Tht Senate bill amends and extendsthe current program, deleting itsfocus on foreign language instruc-tion; but authorizes a separateforeign language education programunder title VI, part B (see below).

The House bill authorizes an annual The Senate bill authorizes $280appropriation of $400 million for million for FV 1989. $295 millionFV 1988 and "such sums as may be for FV 1990, $315 million for FYnecessary" through FV 1993. 1991, $335 million for FY 1992, ariV

$355 million for FV 1993.

1 r'" "

Current law

CRS-89


Interstate allocation of funds

Ninety percent of the annual appro-priation is allocated among the

At least 94 percent ; the annualappropriation is allocated among the

Ninety-five percent of the annual

appropriation is allocated among theStates on the basis of population States, half on the basis of popula- States on the same basis as currentaged 5 to 17 (with a minimum State tion aged 5 to 17, and half on State law and with the same Stateshare of .5 percent). Nine percent shares of chapter 1 basic grant al- minimum. Four percent of the annualof the annual appropriation is for locations. in addition to the .5 appropriation is for the Secretary'sthe Secretary of Education's dis- percent minimum already in current discretionary grants. and 1 percentcretionary grants (described below). law, no State is to receive less is for the Outlying Areas and Indianand 1 percent is for the OutlyingAreas and Indian students.

than its FY 1987 allocation underthe current math and science pro-gram. Five percent of the annualappropriation is for the Secretary'sdiscretionary program, and not morethan 1 percent is for the Outlying

students.

Areas and Indian students.

Current law

CRS-90


Elementary and secondary educationprograms

Seventy percent of State funds is At least BO percent of the State Seventy-five percent of the Stateallocated for elementary and secon- allocation is distributed to LEAs allocation is for elementary anddary programs. At least 70 percent for elementary and secondary pro- secondary programs, with not lessof these funds are distributed by grams, on same bas4s as currenz than 90 percent distributed amongthe SEA to LEAs, half based on law. Funds are for, among other LEAs, half based on public andpublic and private elementary and things. teacher trainirg; re- private enrollment, and half onsecondary enrollment, and half on cruitment or retraining of minority school-ago low-income children. Usesnumbers of school-age low-income teachers; hiring bonuses in critical of funds are the same as currentchildren. Funds are to be used to math and science areas; telecommun- law, with exception of foreignimprove teacher training in math and ications technology; math and sci- language instruction. (Percentagescience. and, if such needs are met, ence curriculum; magnet schools; andteacher training in computer learn- leadersrip workshops. SEAs reserveing and foreign languages (maximum up to 20 percent of State alloca-of 30 percent of funds for former; tion (State agencies for higher15 percent for latter). Access education (SAHEs) use half, seeneeds of underrepresented groups below). SEA funds arc: used for,must be taken into account. Of among other things, teacher train-funds reserved by SEA (30 percentof elementary and secondary Statefunds), at least two-thirds is for

demonstration programs,instructional equipment, projectsfor underrepresented and gifted andtalented groups, and informationdissemination. At least a sixth ofSEA funds is for technicalassistance; not more than , Sixth isfor assessment, admiristration, andevaluation.

160

ing; improving licensing and cer-tifying of math and science tea-

of . unds that can be used f or

computer learning is n 3 t

spec i f i ed . ) Of SEA funds for

el ementary and secondary programs(up to 10 percent of el ementary and

secondary port ion of Stateal location) , hal f is f or

demonstration programs, similar to

those authorized under current law.chers; efforts to attract minor- Programs for gifted and talented mayities and women to ma'.h and science include magnet schools. Not moreteaching; curriculum improvement; than half of SEA funds is forcoordination of math and science technical assistance,instruction with increased gradua- administration, and evaluation.tion requirements; telecommunica-tions technology; and technicalassistance. Up to 5 percent of

State funds is for Administration (4percent of the grart for the SEA and1 percent for the %AHE

161

Current law

CRS-91


Higher education programs

Thirty percent of the Stateallotment is used by the SANE for

higher education programs, with notless than 75 percent a..arded to

higher education institu ions for

providing traineeships to personswho will teach secondary school mathand science; retraining secondaryschool teachers to teach math,science, foreign languages, or

computer learning; and inservicetraining for elem ntary, secondary,and vocational teachers. Eachhigher education institution musttake into account needs of

underrepresented groups. The SAHE

uses not less than 20 percent of thehigher education funds forcooperative programs among highereducation institutions, LEAs, SEAs,and other agencies to improvestudent performance in math,science, computer learning, andcritical foreign languages. The

SAHE cannot use more than 5 percentof State higher education allocationfor assessment (described below),administration, and evaluation.

Under the House bill, half of theamount reserved by each SEA is

allocated to the SAHE. (House billdoes not separately designate highereducation programs; those activitiescarried out by SANE are consideredhigher education rrograms forpurposes of this comparison.) Usesof funds are identical to those au-thorized by the bill for the SEA(see Elementary and SecondaryEducation Programs above).

Twenty-five percent of Stateallocation is for higher educationprograms, with not less than 95

percent awarded to higher educationinstitutions. Uses of funds aresimilar to those under current law,

with the exception that activitiesfocused on foreign languageinstruction are not authorized. No

specific percentage is sat for

cooperative programs. Up to 5

percent of the higher educationallocation is to be used for theState needs assessment,administratio.., and evaluation.

Current law

CRS-92


State assessment of needs

Each State seeking assistance mustprepart a preliminary assessment ofthe status of math, science, foreignlanguage, and computer learningwithin the State. The assessmentmust describe, and provide a 5-yearprojec. on for, various indicators,such as the availability ofqualif'ed math, science, foreignlanguage, and computer learningteachers at the secondary andp o s t s e c o n d a r y l e v e l ; S t a t e

standards for teacher certification;availability of relevant curricula-mod instrucional materials; andaccess by underrepresented groupsanu the gifted and talent .d.

Sate application

Each State seeking funds submits anapplication which, among otherprovisions, designates the agenciesresponsible for the elementary andsecondary programs, and the highereducation programs; provides that

evaluations of programs will be

conducted to the extent feasible;and assures that Federal funds willsupplement, not supplant, otherfunding.

1(14

Hou_e bill does not require a

separate State assessment of needs.It does require State applicationsto contain projectiors of the supplyand demand for teachers in math andscience subject areas; assessment ofcurrent elementary a.d secondarycurriculum needs in math andscience; and provisions taking intoaccount t h e needs o f

underrepresented gr:.,ups and needs inareas with high concentrations of

1 ow-income s. ,ents o: sparsepopulation. State applications aredescribed further be .w.

I. sedition to those provisionst cribed in State issessment of

Needs, the State application must,among other provisions, cover a 3-

year period (current law is silenton this): assure that Federal fundswill supplement, notfunding; and assurewill evaluate its

teacher preparation,certification.

supplant, otherthat the Statestandards for

licensing, and

No comparable peovision.

Senate ,xill iu similar to currentlaw with repard to otate applica-tions. For eign languageinstruction is delated as anauthorized focus. In addition,States are to describe how the Jsesof these funds will be coordinatedwith those of State, local and otherFederal funds, particularly thoseprovided by the Nationa' ScienceFoundation and the Department of

Energy.

105

Current law

CRS-93


Local assessment of needs

Each participating LEA provides itsSEA with an assessment of its needsfor teacher training in math,science, foreign language, andcomputer learning; for improvinginstructional materials andequipment; and for improving accessto instruction by underrepresentedgroups and the gifted and talented.

Local applications

The State application is to describeprocedures developed for submissionof local applications for funds.

1CG

In l anguage governi ng LEAapplications (see below), the Housebill provides that the LEA, among

other requirements, is to assess theneeds of current math and scienceteachers; project the number of suchteachers that will be needed; assessstudent achievement in math and

science; and assess curricular needsin these subjects.

House bill requires, and delineatesthe contents of, applications fro;

LEAs for funds. The application isto cover a 3-year period; containthe assessments described earlier(seo Local Assessment of Needsabove); descr.'le the coordination ofthese funds with State, local and

other Federal funds (particularlyfunds from the National ScienceFoundation); describe how communityand private resources will be usedfor these programs; assuresensitivity to the needs of

underrepresented groups; and assurethat programs will be evaluated.

Senate bill is similar to current

law with regard to LEA assessment ofneeds (foreign language instructionis deleted as an authorized focus).

Essentially the same as current law.

1(3',/

Current law

CRS-94


Private school students and teachers

Consistent with the number of

private elementary and secondaryschool students, the participatingagency or institution must assureequitabl,t participation of privateschool students and teachers. TheSecretary is to arrange for theprovision of services in the eventState law prohibits serving privateschool students and teachers, or inthe event such agency or institutionhas failed to provide equitableservices.

168

Similar to current law. Similar to current law.

Current law

CRS-95


Secretary's discretionary fund

N ine pe-cent of the totalappropriation is for discretionaryg rants by the Secretary of

Education. Seventy-five percent ofthis amount is for cooperativeagreements among SEAs. LEAs, highereducation institutions, and otherentities for programs of "nationalsignificance" to improve instructionin math. science, computer learnini,and critical foreign lunguages.Special consideration is given to

LEA grants for magnet schools for

gifted and talented students, and tocooperative arrangements to serveunderrepresented groups. Threemillion dollars is used tile the(former) National Institute of

Education (NIE) for annua;evaluation of programs beingassisted, analysis of ways of

improving math and scienceinstruction, and research ontraining and curriculum (half of

these funds are for this research).Twenty-five percent of theSecretary's discretionary funds ,

for improving instruction in

critica.1 f3reign languages.

1.70

Provides 5 percent of totalappropriation to Secretary of

Education for grants for nationalprograms. Uses of funds differsomewhat from current law. Grantsare for improving math, science, andforeign language instruction, but

cooperative agreements are not

specified as a focus for funding.The Secretary is to disseminateinformation on grants to SEAs. LEAs,and inst 'tut ions of highereducation. Continued from currentlaw is the reservation of 25 percentof these funds for instruction in

critical foreign languages.

Provides that 4 percent of the totalappropriation is for Secretary of

Education's discretionary grants.Uses of funds are similar to current13w. Bill does not specify the

percentage of funds to be used forcooperative agreements, deletes therequirement that half of the NIEfunding is limited to research on

training and curriculum, and doesnot specify a percentage of funds tobe used for improving instruction incritical foreign languages. Specialconsideration is to be given to

proyrams that train teachers in

methods of scientific inquiry.

171

Current law

CRS-96


EDUCATION FOR ECONOMIC SECURITYACT, TITLE III--NATIONAL SCIENCEFOUNDATION PROGRAM FOR PARTNERSHIPSIN EDUCATION FOR MATHEMATICS,SCIENCE AND ENGINEERING

,is program is to improve the

quality of instruction in tr.: fieldsof math, science, and engineeringand encourage nartnerships in

education between the businesscommJnity, institutions of highereducation, and elementary andsecondary schools. The author-ization is S50 million for FV 1988.

SECTION 2146--REAUTHORIZATION OF

PARTNERSHIP IN EDUCATICU PROGRAMS

The authorization for the program isextended through FV 1993 with an FV1988 authorized funding level of

$10 million and "such sums as may benecessary" through FV 1993.

EDUCATION FOR ECONOMIC SECURITY ACT, SECTION 2135--PRESIDENTIAL AWARDSTITLE IVPRESIDENTIAL AWARDS FOR FOR TEACHING EXCELLENCE IN FOREIGNTEACHING EXCELLENCE IN MATHEMATICS LANGUAGESAND SCIENCE

This title authorizes a program ofawards to outstandir7 math andscience teachers. t le each from theelementary and secondary levels in

each State, D.C.. and Puerto Rico.

172

This section authorizes a new,

separate program of awards for

outstanding teaching in foreignlanguages. It is similar to the

current law program of awards for

excellence in math and science. Onemillion dollars is authorized for

FV 1988 and "such sums as may be

necessary" through FV 1993.

SECTION 6003PARTNERSHIPS INEDUCATION FOR MATHEMATICS, SCIENCE,AND ENGINEERING REAUTHORIZED

The authorization for the program isextended through FV 1993 with an FV1988 authorized funding level of

$20 million and "such sums as may benecessary" thrOugh FV 1993.

SECTION 6004 -- PRESIDENTIAL AWARD FORFOREIGN LANGUAGE TEACHERS

This section amends Title IV of theEducation for Economic Security Actby adding authority for awards for

outstanding teaching in foreignlanguages. An authorized appro-priation level of $1 million is

provided.

173

Current law

CRS-97


No comparable provision. No comparable provision.

174

SECTION 6005--STAR SCHOOLS PROGRAMAUTHO:ZIZED

This section amends the Educationfor Economic Security Act byauthorizing the Star Schools ProgramAssistance Act. This program, to

improve math, science, and foreignlanguage instruction (as as

other subjects, such as vocationaleducation), provides assistance to

telecom,'unications partnerships foracquisition and development oftelecommunications facilities,implementing networks, trainingteachers, and developing educationalprogramming. The Federal share ofthe costs of these activities is 75percent. At least half of theannual funding must be spent on

local educational agencies eligiblefor Federal compensatory educationaid. One hundred million dollarsare authorized for FV 1987 throughFY 1992. The maximum annual appro-priation is $20 million for FV 1988and $60 million for FV 1989-1992;the maximum individual grant is $10million a year.

1

Current law

CRS-98



No provision.

176

TITLE VI, PART B--FOREIGN LANGUAGEASSISTANCE

Foreignprogram

language assistance

Under the "Foreign Langueie Assist-ance Act of 1987". the Secretary ofEducation is authorizau to makegrants to the States for model localprograms of elementary and secondaryschool foreign language education.The assisted programs are to be

available to both public and privateschool pupils (and in some casesother residents) of an LEA, are to

include an evaluation component, andare to focus on "critical" foreignlanguages, as determined by the

Secretary of .clucation. The Federalshare of prog-am costs is to be 50percent.

No provision. Allocation formula

Appropriations are to be allocatedto the States in proportion to Statepopulation aged 5-17 years, with a

State minimum of 0.5 percent of thetotal grants. One percent of appro-priations is reserved for theOutlying Areas.

17i'

Current law

CRS-99



1'7 6


The appropriations authorizationlevel for this program is $21

million for FY 1989. rising to 325million or FY 1993.

1 7 D

Current law H.R 5, as passed by House H.R. 5, as passed by Senate

ADULT EDUCATION ACT

Statement of purpose

The purpose of the Adult EducationAct (AEA) is to encourage programsto enable all adults to acquirebasic literacy skills, to enablethose who so desire to complete a

secondary education, and to makeavailable to adults the means to

become more employable, productive.and responsible citizens.

ADULT EDUCATION

TITLE IX, PART A--ADULT EDUCATION(ADULT EDUCATION AMEI:DMENIS DF 1987)

The purpose of the AEA is revised tostrtss basic educational skinsnecessary for the "literate func-tioning" and to emphasize job re-training programs and the abilityto retain employment.

TITLE V. PART A--ADULT EDUCATION(ADULT EDUCATION REAUTHORIZATION ACTOF 1987)


Current law

CRS-101


Definitions

"Adult" is defined to include per-son. 16 years or older who are be-yond the age of compulsory school

attendance under State law. "Adulteducation" and "adult basic educa-tion" are defined separately.":nstitution of higher education"is defined to include proprietaryinstitutions of higher education,postsecondary vocational institu-tions, and accredited professionalnursing programs leading to a

bachelor or associate degree in

nursing.

"Adult education" is redefined to A technical change is made to theinclude adult basic education ac- definition of "adult" for purposestivities. "Institution of highereducation" is redefined to excludeproprietary institutions of highereducation, postsecondary vocational

of the allotment formula. The term"adult education" is limited to

services for adults who are not

enrolled in secondary school.institutions, and accredited pro- Definitions are given for the termsfessional nursing programs leading "community -based organization,"to a bachelor or associate degree innursing. "Educationally disadvan-taged adult" is defined, as a new

"private industry council," "indi-vidual of limited English profi-ciency," "out-of-s hoot youth," and

term, to mean an adult who demon- "English literac, program."strates basic skills equivalent to

or less than those of students at

the fifth grade level, or who has

been placed in the lowest competencylevel of an adult education program.

Current law

CRS-102



There are authorized to be appro-priated for the AEA "such sums asmay be necessary" for FV 1988Additional amounts are authorizedfor the education of adult Indians(see below).

There are authorized to be appropriated for the AEA $200 million forFV 1988. and -such sums as may benecessary" for each of FY 1999

through FV 1993. Additional amountsare authorized for t'le education ofadult Indians ;see below).

There are authorized to be appro-priated for the AEA $200 million forFV 1989. $210 million for FV 1990.n225 million for FY 1991. $235 mil-lion for FV 1992. and $2.46 millionfor FV 1993. For c.A national pro-grams, S'! million is authorized foreach of FV 1929 through FV 1993.

For AEA workplace literacy partner-ships, $30 million is authorized forFY 1988. $31.5 million for FV 198S.and such sums as may be necessary"for each of FY 1990 through FV 1993.For AEA English literacy grants. $25million is authorized for FV 1988.$76.3 million for FV 1989. $27.6million for FV 1990. $29 million forFV 1991, $30.5 million for FV 1992.and $32 million for FY 1993.Additional amounts are authorizedfcr the t. cation of adult Indians(see below).

Current law

CRS-103


Reservation of funds for nationalprograms

If total appropriations for the AEAequal or exceed $112 million in anyfiscal year, the Secretary may re-serve up to 5 percent for nationalprograms.

State allotment formula

The Secretary allots $100.000 to

each Outlying Area and $250,000 toeach State (the 50 States, the

District of Columbia. and PuertoRico): remaining funds are allottedto States as well as the OutlyingAreas in proportion to the numberof adults who have attained 16 yearsof age, who have not graduated fromhigh school (o, its equivalent). anZrho are not curr,Atly required to

be enrolled in school, except that

no State or Outlying Area shall re-ceive an amount less than it re-

ceived in FV 1984 for AEA programs.

1 8 6

The percentage reserved for the

Secretary is decreased to 3 percent.and is to be available only whentotal annual appropriations for theAEA exceed $108 million.

The allotment formula is changed tolimit allotments to $100.000 for

each of the Out ly:ng Areas.Remaining funds are allotted only tothe 50 States, the District of

Columbia. and Puerto Rico; thesereceive $250,000 each plus an amountproportional to the number of adultswho have attained 16 years of age,who have not graduated from highschool, and who are not currentlyenrolled or are not required to beenrolled -11 school. The requiredminimum amount (equal to the FV 1984AEA payment) is amended to equal theFV 1987 AEA payment, and does notapply to the Outlying Areas.

A separate authorization of $2

million per year is provided for

national progr ms.

Except for a technical amendment,the allotment formula is notchanged.

1 F1 "Ii

Current law

CRS-104


Use of funds; local applications

AEA grants to States may be used tosupport adult education programsthat are carried out by local edu-cational agencies and by public orprivate agencies, organizations,and institutions. For-profitentities :.an receive grants only ifthey can make a significant con-tribution toward AEA objectives andprovide services not otherwiseavailable from public entities.En ities other than local educa-tional agencies receiving grantsmust have prior consultation withappropriate local educationalagencies. There are no other ap-plication requirements for localgrants.

IRS

Similar provisions are includeo forlocal grants, with the exception offor-profit entities. A for-profitentity is eligible to participateonly as a member of a consortium,but 9nly if the entity could make asignificant contribution toward AEAobjectives. Local applications mustcontain informatian related to cur-rent programs; cooperative arrange-ments with private organizations;and assuranzes that programs arecoordinated with, and do not du-plicate, other Federal, State. andlocal programs serving adults.Programs that serve educationallydisadvantaged adults must be givenpreference among local applicationsfor AEA f"nds.


1F-9

Current law

CRS-105

H.R. 5, as passer, by House H.R. 5, as passed by Senate

Limitations on use of funds

Each State must o-serve the fol-lowing limitations on its use of

AEA funds: (1) no more than 20

percent may be used for theeducation of institutionalizedindividuals; (2) nt. more than 20

percent may be used for programs ofhigh school equivalency; and (3) no

less than 10 percent may be used forspecial experimental demonstrationprojects and teacher training.

Similar provisions are continued.In addition, no more than 10 percentof each State grant may be used forprivate sector training (seebelow).

The limitation on the use of fundsfor corrections education and the

education of other institutional-ized persons is changed to no less'.han 10 percent.

Current Ipt:

CRS-106


No provision.

192

Private sector training

Each State is permitted to spend upto 10 percent of its AEA grant to

surport programs to provide literacyand other basic skills to currentlyemployed persqns, for the purposeof improving the productivity of theworkforce. Business, industry.labor organizations, and educationpartnerships may be used for thispurpose.

Workplacegrants

literacy partnership

A new and separately authorized AEAprogram of demonstration g ants forworkplace literacy partnerships is

established to provide literacy andtraining skills for employed per-sons. Partnerships consist of (a)

business, industry, labor organi-zations. or private industrycouncils and (b) State or local

educational agencies, institutionsof higher education, and schools.In any fiscal year for which theappropriation for partnershipsequals or exceeds S50 million,formula grants to the States areauthorized for similar types of

workplace literacy partnerships.

193

Current law

CRS-107


Administrative cost limitations

Each State must provide for the

administration of AE/ programs;there is no explicit limitation onState use of Federal funds for

administration. There is no

explicit authorization or limitationfor local use of AEA funds for

administration.

No provision.

State advisory council

Each State may use AEA funds to sup-port a State advisory council to

assist the State educational agencyto plan, implement, or evaluateactivities assisted under the AEA.

No more than 5 percent of each Stategrant, or 550.000, whichever is

greater. may be spent for the

administration and development of

the State plan and for otherrequired State activities, includingmandatory program evaluation and theoperation of a State advisory coun-cil. No more than 5 percent of

each grant to local recipients may

be spent for planning, administra-tion, personnel development, and

interagency coordination.

State imposed requirements

Any State rule ur policy relating tothe administration of AEA programsmust be identified as a State-imposed requirement.

Each State is required to have a

State advisory council, with mum-

bership representative of specifictypes of persons. Certification,procedures, terms of appointment,

and duties are specified.


No provision.


Current law

CRS -JCR


State plan and application

Each State must subm . an applica-tion under the provisions of

section 435 of the General EducationProvisions Act (GEPA); thisapplication remains in effect for

the duration of the program. Each

State must also submit a State plan(not more frequently than onceevery 3 years) that describes the

planned use of AEA funds, and setsforth various provisions for ad-ministration, identification of

population needs, program operation.and data reportirg for AEA programsat the State and local level. EachState

quatecies

plan must: (1) ensure ade-

consultation with State agen-and other agencies, organ-

izations, and institutions withregard to the development of the

State p1 -n and program implemen-tat ion; (2) identify the State'sadult education needs; and (3)

provide for special emphasis on

adult basic education needs in the

State.

i6

Each State is required to submit, asa single document, a State planapplication every four yeart.. for

approval of the Secretary.

and

the

Thedocument is to be a general appli-cation under the provisions of

section 435 of GEPA. Each Stateshall: (1) utilize its advisorycouncil in formulating the plan andrespond to substantial objections ofthe council; (2) conduct publichearings regarding the plan; (3)

submit the proposed plan for commentto the State agency for vocationaleducation, the State job trainingcoordinating council, and the Stateagency for postsecondary education;(4) make a thorough assessment of

the State's adult education needsand programs every four years; (5)

describe its responses to theassessment in the plan; and (6)

describe the joint planning and

coordination with other Federalprograms serving adults.

State plan requirements areclarified with regard to AEAprograms for persons with limitedEnglish proficiency. Such programsmay. if necessary, be conducted in

the native language, or exclusivelyin English. Otherwise, no change ismade.

197

Current law

CRS-109


No provision.

No provision.

Experimental projects and teachertraining

No less than 10 percent of eachState AEA grant must be used forspecial experimental demonstrationprojects, including inno,(ativemethods or activities. and teachertraining programs, including pre-service and in-service training, to

carry out the purposes of the AEA.

State plan amendments

Proce-ures for amending State plans No provision.are specified.

State program evaluation

Each State mJst evaluate the pro-grams of its local grant recipients.At least 15 percent of the recil-ients are to be evaluated in thefirst year of the State plan; at

least 20 percent in the secondyear; and at leas* 25 percent duringsubsequent years. Evaluat ons mustspecifically include the extent towhich programs are serving educa-tionally disadvantaged adults.

No provision,

A similar provision is continued. Same as current law.

Current law

CRS-110


Federal Share

The Federal share of expenditures is The Federal share is amendt...: to 90 The Federal share for States is90 percent of the costs of carrying percent in FV 1988. 87 percent in FV reduced from 90 percent to 75out State programs, except that the 1489. 83 percent in FV 1990. and 80 percent; the Federal share forFederal share for each of the Out- percent in FV 1991 through FV 1993; Outlying Areas remains at 100lying Areas is 100 percent. the share for Outlying Areas remains percent.

at 100 percent.

Maintenance of effort; supplement-not-supplant

Total State expenditures from non-

Federal sources for adult educationprograms must be maintained at the.level of the preceding fiscal year;the Secretary may waive this re-

quirement. for one year only, underexceptional circumstances.

200

The maintenance of effort require-ment is continued; in addition.Federal funds may be used by Statesto supplement non-Federal fundsspent for AEA purposes, and cannotbe used to supplant State and localfunds for these purposes.

Sam: as current law.

2nii

Current law

CRS-111


National research activities

The Secretary is required to supportvarious applied research, develop-ment, demonstration, dissemination,and evaluation projects and relatedactivities with available funds.These activities specifically may

include adult education projects for

These requirements are continued for These requirements are not changed.the applied research, development. However. the conditionaldemonstration, dissemination, and authorization of appropriations isevaluation projects. The condi- eliminated, and replaced by ational authorization of appropria- separate authorization of $2tions is changed to 3 percent of million annually.AEA appropriations, but only if

the elderly, immigrants, technology total AEA funding is at least $108and computer software, and cooper- million. With these funds, theative programs. lip to 5 percent of Secretary must establish an infor-AEA appropriations may be reserved mation clearinghouse on adultfor these activities, but only if literacy, and carry out othertotal AEA -unding is at least $112 Secretarial requirements (discussedmillion.

No provision.

below). With any Federal fundsavailable. the Assistant Secretaryfor Educational Research and Im-

provement is authorized to supportresearch on the special needs of

persons requiring adult education.

Farmworker and immigrant education

With funds available for nationalprograms (discussed above), theSecretary shall make grants to

States and local recipients to

provide adult education programs,services, and activities to meet thespec ial needs of migrantfarmworkers and immigrants.

No provision.

2°3

Current law

CRS-112

H.R. 5, as parsed by House H.R. 5, as passed by Senate

No provision.

No provision.

Literacy volunteer training,

With funds available for national No provision.programs (discussed above), the

Secretary shall make grants to

States and local recipients to

support programs designed to train

adult volunteers, especially the

elderly, as tutors in local

education programs.

Other Secretarial requirements

adult

With funds available for nationalprograms (discussed above),Secretary is required to:

the

(1)

assist States evaluate the progressof adult education programs toward

meeting the objectives of the AEA;(2) determine the criteria for

defining illiteracy, within 2 yearsof enactment of the 1987 amendments;(3) report every 4 years on the

status of illiteracy and adulteducation in the Nation; (4) reportevery 3 years on the evaluations ofadult education programs; (6)

conduct a study of F^deral sourcesof funding for adult education andliteracy programs, jointly conductedwith the Secretary of Labor and theSecretary of Health and HumanServices.

No provision.

2n4 205

Current law

CRS-113


Limited English proficiency

States must provide specialassistance to meet the needs of

persons with limited Englishlanguage proficiency, as part of theState program under the AEA.

English literacy grants

Persons with limited English A new and separately authorized AEAlanguage proficiency are listed as program of English literacy grantsone of the groups for which adulteducat ',on services must besigni'icantly expanded through the

State program under the AEA.

is established. Demonstrationgrants may be made by the Secretaryto the States for the establishment,operation, or improvement of Englishliteracy programs for adults withlimited English proficiency. Grantsshall be available for not more thanthree years. At least 50 percent ofeach State grant must be used forEnglish literacy programs operatedby community-based organizations.No more than 10 percent of the fundsavailable for these grants may be

reserved for demonstration programsfor (a) new instructional methodsand technologies and (b) an infor-mation clearinghouse.

Current law

CRS-114

H.R. 5, er, passed by House H.R. 5, as passed by Senate

Education for adult Indians

The Secretary is required to carryout a program to Support planning.pilot, and demonstration projectsfor adult education for Indians.There are authorized to be appro-priated for these projects an

amount not to exceed the FV 1986

appropriation for each of FV 1988

and FV 1989.

National Advisory Council

The President must appoint a 15-

member national advisory council onadult education. The Council shalladvise tr., Secretary with respect toregulatiuns and policy matters, re-view the effectiveness of the pro-grams, and make annual reports.

Adult education for the homeless

The Stewart B. Mckinney HomelessAssistance Act (P.L. 100-77) au-

thorizes grants to the States by

means of a formula that allots fundsin proportion to State assessmentsof the homeless population, except

that no State is to receive less

than $75.000.

These provisions are extended, with These AEA provisions are repealed.an authorization of appropriations However, similar provisions areof $8 million for FV 1988, and newly authorized under part C of

"such sums as may be necessary" for title XI of the Senate billeach of FV 1989 through FV 1993. (discussed below).

A similar provision is continued.


The requirement for a NationalAdvisory Council for Adult Educationis repealed.

The provision for the allotmentformula is replaced with a

requirement for States to makeestimates of the homeless adultpopulation, and for the Secretary togive special consideration to theseestimates in making grants to the

States.

208 209

Current law

CRS-115


PUBLIC LAW 874. 81ST CONGRESS- -TITLE I. FINANCIAL ASSISTANCE FORLOCAL EDUCATION A.iENCIES IN AREASAFFECTED BV FEDERAL AUTHORITY

Authorized funds

There are authorized to beappropriated 5780 million for FV

1987 and $800 million for FV 1988.

IMPACT AID

TITLE IX. PART B--IMPACT AID TITLE IV--IMPACT AID PROGRAM

Amounts appropriated for this titleare limited to $735 million for FV1988. The authorization is suchsums as may be necessary for eachof fiscal years 1989-1993.

There are authorized to be appro-priated the following amounts: FV

1989--$821 million, FV 1990--$865million, FV 1991--$905 million, FV

1992--$950 million, and FV 1993 --

$995 million.

Current law

CRS-116


Payments -- entitlements

Sectior, 3(a) pupils, those whoseparents work and live on Federalproperty and Indians, have entitle-ments that range from 90 to 100percent of the local contributionrate (LCR).

Section 3(b) pupils, those whoseparents work or live on Federalproperty, have entitlements ranginggenerally from 40 to 50 percent of

the local contribution rate (LCR).These base entitlements are thenreduced 33 1/3 percent across the'board.

Payments -- preliminary

Preliminary payments for section 3

are set at 75 percent of the pre-vious year's payment.

212


Same as current law. Section 3(b) pupils receive a 25

percent entitlement.


213

Jrrent law

CRS-117


When appropriated funds are less thanentitlements

Section 3(a) districts are split intothree categories: districts where3(a) pupils comprise 20 percent ormore of the total average dailyattendance (ADA); districts where3(a) pupils comprise 15 to 19 percentof the ADA; and districts where 3(a)pupils comprise le4s than 15 percentof the ADA.

These three categories are paid on apriority basis, with the first group.receiving full entitlement, thesecond group receiving somewhat lessthan full, and the third group re-ceiving whatever is left of the

appropriated amount based uponratable reductions.


Same as current law. Although the categories are the samefor section 3(8) payments, the typesof reductions are specified in muchmore detail. The three types of

districts are paid in three waves ofpayments until the appropriation is

exhausted. Initial payment amountsfor the three groups, as well as

contingency payment amounts for thethree groups, are specified in

detail. The overall distribution isthe same, with the first categoryreceiving the highest percentage ofits entitlement and the secondreceiving a higher percentage thanthe third. This distributionappears to have greater guaranteesthat the third category will be

assured of at least some percentageof its entitlement.

Current law

CRS-;18


Section 3(b) districts are splitinto .wo categories: districts wheresection 3(b) pupils comprise 20 per-cent or more of the total averagedaily attendance (ADA); and dis-tricts where section '(b) pupilscomprise less than 20 percent of theADA.

Same as current law. As with section 3(a) payments, the

type of reductions are specified inmuch more detail. The two types ofdistricts are paid in three waves ofpayments until the appropriation isexhausted. Initial payment amountsfor the two groups, as well as con-tingency payment amounts for the

two groups are specified in detail.The overall distribution is thesame, with the first category re-ceiving a higher percentage of its

entitlement. This distributionappears to have greater guaranteesthat the second category will beassured of at least some percentageof its entitlement.

Current law

CRS-119


Section 6 schools

School districts sometimes refuse toprovide an education to federally Same as current law. Amends section 6 by adding a newconnected children living or Fe-eral subsection (i) which a 1 1 OVISland within the school dis -E, or districts receiving section 6 fundsland that would be within the school to also rJceive section 3 funds.district if it were not owned by theFederal Government. In this case,

the Secretary of Education is to

deduct from that district's section3 and 4 payments an amount equal te..-2

amount it costs .he Department to

educate these children, less the

local contribution rate.

Section 7 disaster assistance

Authorizes special funds f or dis-tricts experiencing naturaldisasters.

Same as current law. Amends section 7 eligibility cri-

teria and allows section 7 appro-priations to also be available forsection 16 of P.L. 81-815.

Current law

CRS-120


Regulatory Requirements


Special assessment rule for Federalacquisition of real property

As part of section 2, current law Same as current law.states that in districts where the

government has acquired realproperty, that property must have'anassessed value of at least 10

percent of the total assessed valueof real property in the district, in

order for the district to be

eligible for funds under section 2.

Restrictions are placed on the De

partment's regulatory process. No

regulation can become final withouta 90 day comment period. No regula-tion will become effective until thefiscal year after it becomes final.With certain exceptions, no regula-tion can provide for retroactiverecovery of funds.

Amends this provision to allowdistricts where this calculation ofthe percentage of total assessedvalue was made incorrectly to be

considered in compliance with the

provisiun.

Current law

CRS-121


Treatment of children residing on

property subsidized unv4er se;..tion 8

of the United States Housing Act of1937

There is no explicit or specific No provision. For fiscal years prior to FV 1989,provision in the current statute on for purposes of determining paymentsthis topic. however, current program under sec. 3(b) of P.L. 874,regulations exclude sec. 8 housing property subsidized under sec. 8 offrom the categories of Federal the United States Housing ...ct of

property on the basis of which P.L. 1937 (as amended) shall continue to874 payments may be made, be considered Federal property if

the LEA received payments on behalfof Lhi 1 d r en residing on suchproperty in the previous fiscalyear.

Current law

CRS-122

H.R. 5, as passed by House .H.R. 5, as passed by Senate

PUBLIC LAW 815. 81ST CONGRESS(PAYMENTS FOR SCHOOL CONSTRUCTION)

Authorizations of appropriations

There are authorized to be apprr;Jri-ated for this program "such sums asmay be necessary."

Disaster Assistance

Authorizes special constructionfunds for school districts affectedby natural disasters.

224

Same as current law, except that theFV 1988 authorization is set at S24million.


The following amounts are authorizedto be appropriated for this program:FV 1989--S25 million, FV 1990--$26million, FV 1991--S27 million, FV

1992--$28 million, and FV 1993 --

$29 million.

Removes the Secretary's ability to

declare a school district to be

affected by a disaster for purposesof this provision. Only the Pres-ident and the Director of the

Office of Emergency Planning can

make that designation.

A district experiencing a disastermust first use all e/ailable fundsfrom State and local sources, and ifthere is still a shortfall of at

least $10,000, or 5 percent of cur-rent operating expenditures, thenthe district may be eligible underthis provision.

225

Current law

CRS-123



226

Study

The General Accounting Office is

directed to conduct a study of the

effectiveness of the P.L. 815 schoolconstruction program. A report

based on this study is to be

submitted to the Congress within 1

year of the date of enactment of

H.R. 5. The study is to evaluatethe criteria used to select granteesunder this program. as well as the

school facility n eed s -- and

associated costs--of children in a

representative sample of Federally-impacted LEAs.

227

Current law

CRS-124


EDUCATION FOR ECONOMIC SECURITY ACT.TITLE VII--MAGNET SCHOOLS ASSISTANCE

This program supports specific ac-tivities in magnet schools operatedby school districts implementingdesegregation plans. Magnet schoolshave distinctive curricular featuresintended to attract students of dif-ferent races. Funds can be used forexpanding or enhancing academicprograms, acquiring instructionalmaterials and equipment, and com-pensating certified and licensedteachers. The program is currentlyauthorized through FV 1988 at $75million a year.

2 28

MAGNET SCHOOLS

TITLE III--MAGNET SCHOOLS ASSISTANCE

he House bill repeals title VII of

the Education for Economic SecurityAct and establishes the MagnetSchools 'ssistance Act of 1987.Most provisions of current law arecontinued unchanged in this newprogram. Among the changes that aremade are the following: the author-ization is raised to $115 million inFV 1988; "such sums as may be neces-sary" are authorized to be appropri-ated for FV 1989 through FV 1993;funds cannot be awarded solely on

whether an applicant received as-sistance in a prior funding cycle;the proportion of an annual grantthat a recipient can carry over to

the succeeding fiscal year is limitedto 15 percent; .and a recipient sgrant cannot be reduced by any amountthe recipient carried over from theprevious year's grant.

TITLE III--MAGNET SCHOOLS ASSISTANCE

PART A--MAGNET SCHOOLS TO OVERCOMERACIAL ISOLATION

Senate bill repeals title VII of theEducation for Economic Security Actand establishes two magnet schoolsprogram...--Magr.et Schools to Overcome

Racial Isolation, and Magnet Schoolsfor Educational Improvement (de-scribed below). The Magnet Schoolsto Overcome Racial Isolation programis similar to current law. Amongthe differences are the following:annual authorization is $115 millionfor FV 1989, $121 million for FV

1990, $127 million 'or FY 1991, $133million for FV 1992, and $140 mil-lion for FY 1993; LEAs not parti-cipating in the previous year re-

ceive priority in awarding of

annual funds in excess of $75million; awards of first $75million are not to be based on

awards made in the prior fundingcycle; and special consideration isgiven to projects involving collab-orative efforts.

229

Current law

CRS-125



230

PART 0 - - MA GN ET SCHOOLS FOREDUCATIONAL IMPROVEMENT

No comparable provision. This new program provides assistancefor implementing magnet schools byeducational agencies with signifi-cant percentages of minority stu-

dents, and without regard to deseg-regation activities. These schoolsare to promote open enrollment withparental choice a-id to improveacademic knowledge among students.This program has anti-discrimination provisions similar tothose in current law Magnet SchoolsAssistance program. Special consid-eration is given to projects servingminority enrollments of at least 60percent and applicants not pre-

viously assisted under Federal mag-net schools programs. The annualauthorization is $35 million for FV1989, $37 million for FV 1990, $39million for FV 1991, $41 million forFV 1992, and $43 million for FV

1993. No annual appropriation is

authorized unless the part A magnetschools program is funded at $100million or more.

231

Current law

CRS-126


No p:ovision. No provision.

232

PART C-- GENERAL PROVISIONS

Among its provisions, this part

limits single grants to S4 million ayear and repeals title VII of the

Education for Economic Security Act.

2,43

Current law

CRS-127


Currently, there is no separateprogram for the education of giftedand talented children and youth.However, States and LEAs can choose.but are not obliged, to use ECIAchapter 2 and Education for EconomicSecurity Act title II funds forgifted and talented educationprograms. Previous to the enactmentof chapter ECIA chapter 2 in 1981, aFederal program of aid for theeducation of gifted and talentedchildren was authorized under titleIX, part A of the Elementary andSecondary Education -..t.

234

EDUCATION OF THE GIFTED AND TALENTED

TITLE IV--GIFTED AND TALENTED TITLE II, PART D--GIFTED ANDPROGRAMS TALENTED CHILDREN

General program structure

The House bill establishes a A similar program structure isdiscretionary grant program for theeducation and identification of

g ifted and talented children.Federal funds will support researchand its dissemination, the trainingof specialized personnel, and the

development of programs for theeducation and identification of

g ifted and talented children.Federal support will be in the formof grants an,' contracts, awarded ona competitive basis to State andlocal educational agencies, insti-tutions of higher education, andother agencies and organizations

No provision.

established in the Senate bill.

2.15

Current law

CRS-128

H.R. S. as passed by House H.R. S. as passed by Senate

No provision.

2:1G

Priorities in awarding grants or

contracts

Priority in the awarding of fundswill go to programs that identify

and -,roviJe educational services togifted and talented children andyouth who may not usually be identified as such, like those who arelimited English-proficient, handicapped, or economically disadvant-aged. Programs that serve entireStates or regions through cooper-ative efforts among the variouseligible recipie.its and privatebusiness are also given fundingpriority.

Research and development

The bill establishes a NationalCenter for Research and Developmentin the Education of Gifted andTalented Child^en. The Center willconduct research and surveys andcollect data on gifted and talentedchildren, and develop techniques toidentify such children.

Similar priorities are establishedin the Senate version as the generalpriorities of the program. In

addition, the Senate bill estab-lishes a specific service prioritythat requires one-half of the grantsor contracts awarded funds each yearto contain program componentsdesigned to serve gifted andtalented children who areeconomically disadvantaged.

Identical provisions are containedin the Senate bill for theestablishment of a National Centerfor Research and Development in theEducation of Gifted and TalentedChildren.

214.14'''

Current law

CRS-129


No provision.

No provision.

2 :18

Advisory committee

The bill establishes a Nati-aalCenter for Research and Developmentin the Education of Gifted and Tal-ented Children. The Center will

conduct research and surveys andcollect data on gifted and talertedchildren, and develop techniques toidentify such children.


Identical provisions are containedin the Senate bill for theestablishment of a National Centerfor Research and Development in theEducation of Gifted and TalentedChildren.

There is authorized to be appropri- There is authorized to be appro-ated $25 million for FY 1988. and printed $15 million for FY 1989,"such sums as may be necessary- for $15.8 million for FY 1990, $16.6each of the fiscal years 1989-1993. million for FY 1991, 517.4 millionNo more than 30 percent of each for FY 1992. and $18.3 million foryear's appropriation can be used to FY 1993. The Senate bill also con-fund th 'rational Center. tains a 30 percent limit on the

amount of any year's appropriationthat can be used for the NationalCenter.

Current law

CRS-130


No provision.

240


T h e r e i s authorized to beappropriated S25 million for FY

1988. and "such sums as may benecessary" for each of the fiscalyear 1989-1993. Not more 30 percentof each year's appropriation can beused to fund the National Center.

There is authorized to beappropriated S15 million for FY

1989. 515.8 million for FY 1990,S16.6 million for FY 1991. 517.4million for '71i 1992, and 416.3million for FY 1993. The Senateversion also contains a 30 percentlimit on the amount of ...ny year'sappropriation that can be used forthe National Center.

241

Current law

CRS-131


DRUG ABUSE EDUCATION

DRUG FREE SCHOOLS AND COMMUNITIES TITLE V--DRUG EDUCATIONACT OF 1986

Allocation formula

From the amount appropriated. 1 per-cent is reserved for allotment to

the Outlying Areas. 1 percent for

programs for Indian youth, and 0.2percent for programs for HawaiianNatives; 8 percent of funds arereserved for programs with insti-tutions of higher education; 3 5percent or funds are to be used bythe Secretary of Education to carryout Federal education and preventionactivities on drug abuse; and 4.5percent of funds are reserved for 3regional centers to train schoolteams, assist State educationalagencies, assist local educationalagencies and institutions of highereducation, and evaluate and dissem-

Seme as current law. No provision. (On December 15,

1987. the Senate passed H.J.Res. 90,a bill requesting the President tocall a White House Conference onLibrary and Information Services.During Senate floor debate, anamendment was adopted to mend theeducation provisions of the DrugFree Schools and Communities Act of1986. and extend the authorizationfor this program through FY 1993.It is not yet known how, andwhether, the drug abuse educationprovisions of H.R. 5 as passed by

the House, and H.J.Res. 90 as passedby the Senate, will be coordinatedor conferred upon. Since thisreport is limited to provisions in

inate information on alcoho. and either version of H.R. 5 only, nodrug abuse education programs and comparison is made here betweenstrategies. The remainder of ap- related provisions of H.R. 5/Housepropriations are allotted to the and H.J.Res. 90/Senate.)States on the basis of population

242 24 ,3

Current law

CRS-I32


aged 5-17 year.. except that noState receives less than 0.5 percentof the remainder.

Uses of funds

30 percent of a State's allotment isused by the Governor for State pro-grams rnd 7C percent is used by theState educational agency to carryout its responsibilities and forgrants to local and intermediateeducational agencies and consortia.

244

Same as current law. ho provision.

245

Current law

CRS-133

H.R. 5, as pas ..id by House H.R. 5, as passed by Senate

Use of Governors' funds

Not more than 50 percent of fundsavailable to the Governor is used toassist local governments and otherpublic or non-profit private en-tities for the develonmant and im-

plementation of drug abuse pre-vention and education programs.Not less than 50 percent is used bythe Governor for innovativecommunity - 'used programs of coordi-nated services for high-risk youth.

Application

States are required to submit an

application to the Secretary to

receive an allotment for drug abuseeducation and prevention activities.

ame as current law, except theHouse bill provides that local drugabuse education and preventionactivities shall include a youthsuicidr prevention program.

Same as current law, except theState application must provide a

description of how, where feasible,he alcohol and drug abuse programswill bc coordinated with youth sui-cide prevention programs.

No provision.

No provision.

Current law

CRS-134


Use of State education agency funds

A State education agency is requiredto use not less than 90 percent ofthe amount available to it forgrants to local and intermediateeduc'dtional agencies and consortia.

The State education agency is re-

quired to use not more than 10 per-cent of Its allotment for such ac-tivities as training and technicalassistance, development and dissem-ination of drug abuse materials.demonstration projects, specialfinancial assistance, and admin-istrative costs.

Local educationalapplications

Same as current law, except that theState education agencies must dis-tribute funds to local and inter-mediate educational agencies andconsortia on the basis of theirrelative enrollments in public andprivate non-profit schools, ratherthan on the basis of the relativenumbers of children in the school-age population, as required in P.L.99-570.

No provision.

Same as current law. No provision.

agency of the current

Local or intermediate educationalagencies or consortia are requiredto submit applications to State

248

Same as current law, except theHouse bill requires that local

applications include a description

24;)

Current law

CRS-136

H R. 5, as passed by House H.R. 5. as passed by Senate

education agencies for funds for drug and alcohol problems in the No p,vision.-drug abuse education activities. schools of the applicant.

No provision.

25k)

Annual report

Loch State is required to submit to No provision.the Secretary an annual report con-taining information on State or

local programs conducted under thisAct.

Current law

CRS-136


Study

Among other things, the Secretary of Same as current .aw, except theEducation is required, in House bill requires that theconjunction with the Secretary of Secretary of Education also cundustHHS, to conduct a study of the a study of the relationship betweennature and effectiveness of existing drug and alcohol abuse and youthFederal. State. and local programs suicide.of drug abuse education andprevention and submit a report tothe President and appropriateCongressional Committees not laterthan 1 year the date of enactment.


Authorizes 5200 million for FY 1987and $250 million a year for fiscalyears 1988 and 1989.

Authorizes 5200 million for FV 1987.S250 million for FV 1988. and suchsums as may be necessary" for eachof the fiscal years 1989 through1993.

No provision.

No provision.

Current law

CRS-137


EMERGENCY IMMIGRANT EDUCATION ACT

Statement of purpose; programdescription

The Emergency Immigrant EducationAct provides financial assistancethrough State formula grants to

local school districts enrollingsubstantial numbers of recent im-

migrant students. Awards, based onthe numbers of immigrant children.help finance (1) basic educationalcosts, such as instructional ma-terials and transportation: (2)

school construction or the rental ofclassroom space; (3) related educa-tional services and special mater-ials, such as a bilingual educationprogram; and (4) essential inserv-ice training for instructional per-sonnel. Participation is limitedto local school districts with at

least 500 immigrant students orwhere such students -epresent at

least 3 percent of the total ele-mentary and secondary schoolenrollment.

2S4

IMMIGRANT EOU'ATION

TITLE VI, PART C--IMMIGRANTEDUCATION

The Act is extended through fiscalyear 1993 in its current form, withthe exception of the 3 changesdescribed below.

No provision.

2,c-----._0

Current law

CRS-138


No provision.

No provision.

256

Reports

SEAS receiving funds under the Act

are required to Submit en annual

report to the Secretary of Education

c(ncerning the expenditure of funds.aid specifying the services pro-vided. number of students served.length of service. and any otherinformation requested by theSecretary.

The Secretary is required to submitan annual report to the House Com-mittee on Education and Labor andthe Senate Committee on Labor andHoman Resources describing programssupported under the Act.

National assessment

The General Accounting Office is

required to conduct a nationalassessment of programs supportedunder the Act and to submit a reportregarding this assessment to theHouse Committee on Education andLabor and the Senate Committee on

Labor and Human Resources by March15, 1989, and every third year

No provision.

No provision.

2L-r-11 a

Current law

CRS-139


thereafter as long as the Act is

au.horized.


The authorization of appropriations There are authorized to be appro- No provision.for the Emergency Immigrant priated $40 million for fiscal yearEducation Act is $40 million for 1990. and "such sums as may beeach of fiscal years 198e and 1989. necessary" for eacn of the 3

subsequent fiscal years.

Current law

CRS-140


TITLE XI -- INDIAN EDUCATION(EDUCATION AMENDMENTS OF 1978)

INDIAN AND NATIVE HAWAIIAN EDUCATION

TITLE VIII -- INDIAN EDUCATION(INDIAN EDUCATION AMENDMENTS OF1987)

TITLE XI -- INDIAN EDUCATION

PART B -- ...JFIEM) OF INDIAN AFFAIRS PART A -- STUDENTS ,N FEDERALLY PART A -- BUREAL AND CONTRACTPROG?AMS OPERATED SCHOOLS SCHOOLS (INDIAN EDUCATION AMENDMENTSOF 1987)

Recognition of Federal schools

The Secretary of the Interior is

authorized by regulation topromulgate standards and proceduresfor closing, consolidating, or

Substantially curtailing schools ordormitories operated by the Bureauof Indian Affairs (BIA).

260

The House loi: provides for Federalrecognition of all schools anddormitories that ,.ere operated orfunded by the BIA and were inoperation on January 1, 1987, andprovides that no euicational programin those schools o^ dormitories maybe terminated, transferred totpuration by a contractor,transferred to a state or localeducational agency or have itsprogram substantially curtailedwithout the express permission of

Congress, except upon formal requestof the appropriate tribal group,

Restrictions pre placed on theSecretary of Interior related to thetransfer of e.-hools, facilities, orprograms rundxd by the BIA, axceptwhen the transfer is approved by thetribe n1 ,i np body.

261

Current law

CRS-141


Temporary closures

BIA schools undergoing temporarycl osure. consol idation, o r

curtailment are exempted fromrequired regulations governingpermanent actions.

Establishment of ns.. schools

No provision.

2(2

Following an inspection, the Secre-tary of the Interior is authorizedto close, for a period of no longerthan 1 academic or calendar year.whichever is shorter, a school ordormitory because of facility con-ditions that pose a threat to thehealth and safety of students.

The Assistant Secretary of theInterior is directed to developregulations on the establishment orexpansion of schools operated by. orcontracted with, the BIA. Noregulation is to base this decisionprimarily on geographic proximity topublic education; equal weight is tobe given to geographic anddemographic factors. the histcry ofBIA programs, potential providers ofeducational services, and input fromall parties. inclUding the pu0;icschools.

If a school is temporarily closed orconsolidated, or programs arecurtailed by immediate hazards tohealth or safety, and if theSecretary of Intelfor estimates thecondition will persist for more than1 year, the Secretary is to submit areport to the Congress. withi-. 6

months of the closure. on the causesof the condition and the steps beingtaken to eliminate the condition.


directed to develop regulations on

the eligibility of schools for BIAfunding. and on the expansion of

BIA-funded schools. Eligibility is

to be based on geographic anddemographic factors and on thehistory of the school and potentialproviders of educational services.

2C3

;

c..

Current law

CRS-142

H.R. 5. as passed by House H.R. S. as passed by Senate

School Expansion

No provision.

Waiver of boarding standards

No provision.

2 Col.

Within 2 years after the date of

enactment, the school board of thePueblo of Zia and the Tama Settle-ment is given specific authorization

to expand its educational orogram toKindergarten through grade 8.

The Secretary of Education ispermitted to waive the regulatorystandards for operation of

dormitories for Indian students, andto maintain schools in operation onor before Jan. 1. 1987. TheAssistant Secretary of the Interiorfor Indian Affairs is required to

submit a detailed estimate of thefunds needed to bring all dormi-tories into compliance withstandards.

Provision is similar to the Housebill.


Permitted to waive the regulatorystandards for operation ofdormitories for Indian students.

2115

Current law

CRS-143


Regulations


required to establish necessaryregulations related to the basiceducation of Indian children andnational criteria for dormitoryarrangements for such children.

Provisions of 25 CPR parts 31. 32.33. 36, 39. 42, and 43, as in Jfecton Jan. 1. 1987. are incorporated asa part of the House bill. Theseprovisions are relatil to policiesfor schools, transfer of schoolfunctions, academic standards,funding of schools, student rights.and student records. If theseregulations are found not to be in

compliance with a previous statute,the previous statute shall apply.with the exception that a fundingfactor for gifted and talentedIndian studerts may be included in

the allocation formula for BIA-funded schools. except asspecifically required by his Act orany subsequent Act, the secretary ofthe Interior and the AssistantSecretary for Indian Affairs areprohibited from publishingregulations, guidelines. policies.or procedures on these matters.

Before publicr.ion of any regulationor rule related to Indian education,the Secretary of the Interior mustsubmit the regulation or rule to areview panel, and take into accountcomments and advice of the panel.The selection of panel membership isspecified.

Current law

CRS-144

H.R. 5, ws passed by House H.R. 5. as passed by Senate

School allotment formula

The Secretary of the Interior is re-quired to establish a formula for

determining the minimum annualamount of funds necessary to sustain

school, and to give considerationto a list of factors.

School board training

The Secretary of the Interior is The allotment formula for grants toauthorized to use a new formula in schools is modified to take intocomputing administrative r.osts of account types of students, schooloperating a school under contract. size, residential services, andFators include total funding for State standards. A new formula isthe school from the BIA and the authorized for grants forDepartment of Education, number of administrative and indirect costs.sources of funding, adjustments for The Secretary is required to conductsize of total school budget, and the studies to determine actualschuol's geographic isolation. administrative costs for a sample ofExplicit funding requirements for schools, and report findings andindirect school costs are repealed. recommendations to the Congress.The Secretary of the Interior is

required to send an annualprojection of the costs of fundingthis formula to the Congress.

Grants are authorized for school A specific portion of the total No provision.board training and activities funding for schools operated orrelated to schools operated or funded by the BIA is set aside forfunded by the BIA school board training sessions

provided through national andregional associations. Additionalfunding is authorized for expensesassociated with school boardactivities in each BIA-operatedschool.

216

268

Current law

CRS- 145

H.R. 5, as massed by House H.R. 5, as passed by Senate

Local procurement

The Assistant Secretary of the

Interior for Indian Affairs is

authorized to issue guidelines to

give each BIA-operated school the

authority to expend no more than

S25.000 each year for supplies andequipment without competitivebidding.

Coordinated programs

No provision.

In FY 1988 and thereafter. BIA-

operated schools may expend no morethan 125.000 per year foe suppliesand equipment, provided that thesupervisor of the school certifiesthat the price paid is fair andreasonable. specific school boardauthority is given, documentation isprovided for the purchase, statutoryauthority is cited, and the costdoes not exceed 510.000 for anysingle item.

Subject to the availability of

sufficient funds, where specificollyrequested by Indian tribes whosechildren are served by a BIA-operated education program, the BIAis required to implement anycooperative agreement between thetribe and the local public schoolinvolving a BIA-operated educationprogram. The parties to the

agreement shall decide its centents,and the agreement may encompasscoordination of the academicprogram, curriculum, supportservices, and transportation.

Provisions are similar to the Housebill.

No provision.

270 271

Current law

CRS-146


Consultation

It is BIA policy to facilitateIndian control of Indian affairs inall matte's related to education.

Indian preference

Provisions are made for waiver of

Indian preference requirements in

any personnel action when the tribalorganization grants the waiver anddeems such action to be necessary.

2 72

The process of consultation betweenthe 31A and tribal groups is toinclude specified formal notices.scheduled meetings, and recognitionof the views of the participants.

The waiver is extended to includeany initial hire or other personnelactions.

The Secretary of the Interior is tos h a r e re s ponsiti 1 it y forconsultation with tribal groups.The content of the consultation,formal notices, scheduled meetings.and recognition of the views of theparticipants are specified.

The waiver is extended to includeboth applicants and employees.

Current law

CRS-147


Personnel compensation study

No p'ovision. The Assistant Secretary of the A study similar to that required inInterior for Indian Affairs is the House bill is authorized. exceptc,irected to conduct a study of that: (1) the Secretary of theoerscnne 1 custs in BIA-funded Interior is responsible forschools, including comparisons of conducting the study, and (2) BIAsalaries with those in neighboring school personnel compensation alsolocal elucational agencies and withState averages. New provisionsexpand current sta'utory authorityfor a local school board to providea pay differential fur BIA employeesof up to 25 percent of the rate orbasic compensation.

No provision. .JO provision.

is to be compared with compensationin schools operated by the U.S.Department of Defense. BIAprovisions for pay differentials areexpanded as well

Early childhood development prog"am


authorized to make grants to tripesand tribal organizations toestablish and maintain earlychildhood development programs,includin_ educat'nn and healthservices for parents snd theirchi ldre,i under 6 years of age.There Ei.'e authorized to beappr,priated $15 million for FV

1989 and for each succeeding fiscalyear. (This program replacer part Cof title XI of the EducationAmendmen,s of 1978.)

Current law

CRS-148


No provision.

No prevision,

Sequestration orders

No provision. The Secretary of the Interior is

authorized to use funds from anyBIA school that has been closed orconsolidated for any other BIA or

contract school in any fiscal year

that appropriations for such schoolshave been reduced by more than 5

percent by a sequestration orderunder the Balanced Budget andEmergency Deficit Control Act of

1985.

Tribal eepartments of education

No provision. The Secretary of the Interior is

authorized to make crants andprovide technical assistance totribes to establish departments of

education that would be responsiblefor planning and coordinating alt

educational programs c,f the tribe.There are authorized to beappropriated for each fiscal year"such sums as may be necessary" forthese grants.

2'1 "i 4

CRS-149

Current law H.R. 5, as passed by House H.R. 5. as passed by Senate


School boundaries


required to establish separategeographical attendance areas forec,cn BI.. school.

No provision.

Johnson-O'Malley allocations study

The Se:retary of the Interior is to

conduct a study of the methods usedin funding contracts under the

Johnson-O'Malley Act. No later than6 months after enactment, theSecretary is to report to the

Congress on the study, together withrecommendations to ensure effectiveand equitaJle distribution of funds.

An exception is made for cases wheremore than one BIA school is locatedon a re,ervation: subject to theapproval of the tribal governingboard, the relevant school boardsmay establish their own boundaries,and such boundaries shall be

accepted by the Secretary,

Current law

CRS-150

H.R. 5. as passed by House H.R. 5. as passed by Se -'ate

No provision.

2°)(-1%

TITLE VIII. PART B -- SELF-DETERMINATION C:ZANTS (INDIAN SELF-DETERMINATION GRANTS ACT OF 1987)

Purpose of program

A new program of grants for the

operation of I lian-controlledschools is authorized. This programis an expansion of the concepts in

P.L. 93-638 that provide for the 61Ato contract with tribal schools forthe education of Indian childrenliving on Indian lands.

TITLE XI. PART B -- TRIBALLYCDNTRDLLED SCHOOL GRANTS (TRIBALLYCDNTRDLLED SCHOOLS ACT OF 1987)

The purpose is similar to the Houseprovision.

281

Current law

CRS-151


No provision.

Awards

Grants are to be awarded to appli- Provisions are similar to the Housecants unless there is "clear andconvincing" evidence that theservices to be provided will beharmful to those served by theprogram. One grant shall be madeeach year to each tribally-controlled school, in an amount notless than the funding the schoolwould otherwise receive under cur-rent allocation formulas. Satis-factory performance may be demon-strated by school certification,accreditation, or candidacy statuswith a State or regional acc editingassociation; conformance with BIAacademic standards; or a positiveevaluation conducted by an outsideevaluator approved by thu Secretaryof the Interior and the grantee (orby the trib;.1 authority upon failureof the 2 ;Jrties to agree on selec-tion of an evaluator).

bill.

Current law

CRS-152

.R. 5. as passed by House H.R. 5. as passed by Senate

PART A, INDIAN EDUCATION ACT/TITLE TITLE VIII, PART C -- OTHER PROGRAMS TITLE XI, PART C, SUBPART 1 --III, P.L. 874, 81ST CONGRESS, THE OF INDIAN EDUCATION 1NCIAN EDUCATION ACT 3F 1987INDIAN ELEMENTARY AND SECONDARYSCHOOL ASSISTANCE ACT

Appropriations are authorized to bemade for grants to LEAs. forServices to meet the "specialeducational and culturally relatedacademic needs" of Indian children.In general, grants may be made to

LEAs with Indian enrollment of atleast 10 pupils for 50 percent of

tJtal enrollment, if less), and areto be in proportion to the number ofenrolled Indian pupils, multipliedby the State average expenditure perpupil for public elementary andsecondary education. An additional10 percent of the amount otherwiseauthorized to be appropriated is

authorized for grants to schoolsthat are on or near In,ianreservations and are not part of

LEA. Mn additional 10 percent is

also authorized for competitivegran ts by the Secretary of

Education. This program is

authorized for FV 1987-89, but onlyat a level equal to the FV 1986a p p r o p r i a t i o n , which was1417..70.000.

214

The Indian Elementary and SecondarySchor, Assistan,:e Act is extendedthryugh FV 1993, without substantiveamendment, and at an appropriationsauthorization level of S70 millionfor FV 1988. and "such sums as maybe necessary" for each of FV 1989-1993.

The Indian Elementary and SecondarySchool Assistance Act is repealed.an d replaced with a nqwauthorization of formula grants toLEAs for the education of IndianChildren. the Indian Education Actof 198 7. The authorizedappropriations level is S7U millionfor FV 1988. and "such sums as maybe necessary" for each of FV 1989-1993. The major elements of thisprogram are the same as those of

current law, although the Senatebill has more extensive conditionsfor approval of LEA applications,especially 'n the areas of parentaland comqiunity involvement .documentation of the eligibility ofparticipating pupils. andmaintenance of State and localfiscal effort.

2 r 5

Current law

CRS-153


rART B. SECTION 421. INDIANEDUCATION ACT/TITLE X. SECTION 1005.ELEMENTARY AND SECONDARY EDUCATIONACT -- IMPROVEMENT OF EDUCATIONALOPPORTUNITIES FOR INDIAN STUDENTS

Under sec. 1005 of the Elementaryand Secondary Education Act (ESEA),the Department of Education is

authorized to make grants to a widevariety of educatio^al agencies andinstitutions to support planning fora n d c o n d u c t i n g i n n o v a t i v e ,

demonstration programs to improveeducational opportunities for Indianchildren. Grants may not be madefor a period of more than 3 years.The uses of funds may includepreservice and inservice training ofpersonnel. Appropriations of $35million for each year through FV1989 are authorized for thispurpose. Appropriations of $8million for each year through FV

1389 are also authorized for programevaluation, technical assistance,end dissemination. However, in

neither case may the appropriationexceed the amount appropriated forFV 1986.

TITLE VIII. PART C -- OTHER PROGRAMSOF INDIAN EDUCATION

The program of ESEA sec. 1005 is

extended through FV 1993, at anauthorization level of $35 millionp e r year. However, theauthorization for grants orcontracts for evaluation, technicalassistance, and dissemination is notextended. The authorized uses of

funds are expanded to include the

development or improvement of tribald i v i s i o n s o f e d u c a t i o n ,

encouragement of Indian students toattend institutions of highereducation, and reduction of schooldropout rates among Indian students.In addition, in awarding grantsunder sec. 1005, the Secretary of

Education is required to considerprior performance by the applicant,and not to limit grants on the basisof the number of previous grants anapplicant has received.

TITLE XI, PART C. SUBPART 2. SECTION11321 -- IMPROVEMENT OF EDUCATIONALOPPORTUNITIES FOR INDIAN CHILDREN

ESEA sec. 1005 is repealed, andreplaced with a virtually ident'calprogram of demonstration grants forthe improvement of educationalopportunities of Indian pupils. Theappropriations authorization levelis $35 million for each fiscal yearthrough FV 1993.

Current law

CRS-154


PART B. SECTION 422, INDIANEDUCATION ACT -- SPECIAL EDUCATIONALTRAINING PROGRAMS FOR TEACHERS OF

INDIAN CHILDREN

Grants are authorized to be madeinstitutions of higher educationIndian organizations for training

to

Or

Of

teachers or administrators to meetthe special educational needs of

Indian students. The program is

authorized through FV 1989, at anannual level equal to theappropriation for this program forFV 1986. Assistance may be providedto students in the form of

treineeships, fellowships, stipends,an d dependents ' a 1 1 owances.Preference is to be given to Indianinstitutions, organizations, andindividuals.

28

TITLE VIII, PART C -- OTHER PROGRAMSOF INDIAN EDUCATION

This program is extended through FV1993, at an annual authorizationlevel of "such sums as may benecessary-.

TITLE XI, PART C. SUBPART 2, SECTION11322 -- SPECIAL EDUCATIONALTRAINING PROGRAMS FOR TH. TEACHERSOF INDIAN CHILDREN

The current program is repealed,and replaced with a virtuallyidentical authorization. Theauthorized appropriation level is $2million for each fiscal year throughFV 1993.

2R1;

Current law

CRS-155


PART B, SECTION 423, INDIANEDUCATION ACT -- FELLOWSHIPS FORINDIAN STUDENTS

Fellowships may be awarded to Indianstudents, for a period of up to 4

years. for postbaccalaureate study,or for baccalau eate study in thefields of engineering, businessadministration. natural resources,and related fields. Theappropriations authorization forthis program for each of fiscalyears 1987-1989 is equal to the Fit

1986 appropriation. Not more than10 percent of the fellowships is tobe used for training in guidancecounseling, with a specialty in thearea of alcohol and drug abuse.

290

TITLE VIII, PART C -- OTHER PROGRAMSOF INLIAN EDUCATION

The nrogram is extended, at an

authorization level of "such sums asmay be necessary" for each fiscalyear through FY 1993.

TITLE XI, PART C, SUBPART 2, SECTION11323 -- FELLOWSHIPS FOR INDIANSTUDENTS

The current program is repealed, andreplaced with a virtually identicalauthorization. The authorizedappropriation level is "such sums asmay be necessary" for each of FY

1989 through 1993.

291

Current law

CRS-156


No provision. although projects forthe education of gifted and talentedIndian childre are among thepurposes for which grants may be

used under ESEA sec. 1005.

No provisior, other than theextension of ESEA sec. 1005 (seeabove).

TITLE XI. PART C. SUBPART 2. SECTION11324 -- GIFTED AND TALENTED


required to establish centers for

gifted and talented Indian studentsat Sinte Gleska College and NavajoCommunity College; and to awardgrants to these institutions plusthe American Indian Higher EducationConsortium for demonstrationprojects to meet the specialeducational needs of gifted andtalented Indian students. Thegrantees may use funds for theidentification of students.provision of servi-es, conduct anddissemination of research.development of a nations 1iniormatiofi network, or

public television.authorized to be appropriatedmillion for each of fiscal years1980-1993 for this purpose.

the use of

There is

S3

Current law

CR5-157


PART B. INDIAN EDUCATION ACT/SECTION315. ADULT EDUCATION ACT- -IMPROVEMENT OF EDUCATIONALOPPORTUNITIES FOR ADULT INDIANS


autnorized to make grants to Stateand local educational agencies. plusIndian tribes and organizations, toplan, conduct, and improve programsof adult education for Indians.These programs may provide basicliteracy training and/or educationto qualify for a high schoolequiva ency certificate. TheSecretary may also make grants forsurveys of literacy problems amongadult Indians, program evaluations,and dissemination of information oneffective services. Grantees mustinvolve members of the Indiancommunity in developing andconducting their programs. Indianorganizations are given priority inselecting grant recipients. Theprogram is authorized through FY

1989, tt a level equal to the

appropriation for FY 1986($2,797,000).

294

TITLE IX. PART A -- ADULT EDUCATION(ADULT EDUCATION AMENDMENTS OF 1987)

The current Indian adult educationprovisions of the Indian EducationAct (IEA) within the Adult EducationAct (AEA) are replaced with a newsec. 378 of the Adult Education Act.The provisions for this program arevirtually identical to those of thecurrent sec. 315 of the AdultEducation Act. The outhorizedappropriations level is S8 millionfor FY 1988 and "such sums as may benecessary" for each of FY 1989-1993.

TITLE XI. PART C. SUBPART 3 --

SPECIAL PRCGRAMS RELATING TO ADULTEDUCATION FOR INDIANS

The curren AEA program for the

education of adult Indians is

repealed; the program is replacedwith virtually identical provisionsthat are part of the "IndianEducation Act of 1987. Theauthorized appropriation level is

"such sums as may be necessary" foreach of FY 1989-1993.

295

Current law

CRS-158


PART 0, SECTION 441, INDIANEDUCATION ACT -- OFFICE OF INDIANEDUCATION

The programs of the Indian EducationAct and related legislation are tobe administered by an Office of

Indian Education within the Office(now, Department) of Education. TheOffice is to be headed by a "DeputyCommissioner of Indian Education",selected by the Commissioner (now.Secretary) of Education from a listof nominees submitted by theNational Advisory Council on IndianEducation.

296

No provision.

TITLE XI, PART C, SUBPART 4, SECTION11341 -- OFFICE OF INDIAN EDUCATIO%

The provisions for an Office of

Indian Education in the Departmet,t

of Education are similar to those ofcurrent law, with updated referencesto the Department and Secretary ofEducation.rffice is to

Secretary of

The Director of this

report directly to theEducation. Preference

is to be given to qualified Indiansin the selection of a director. Theprovision of current law regardingselection of the Director from a

list of nominees submitted by the

National Advisory Council on IndianEducation is not retained.

2 n :-.7

Z-f I

r.

S.

Current law

CRS-159


PART D. SECTION 442. INDIANEDUCATION AC7 -- NATIONAL ADVISORYCOUNCIL ON INDIAN EDUCATION

There is to he a National AdvisoryCouncil on Indian Education withinthe Department of Education. rleCouncil is to consist of 15 members.all Indians or Native Alaskans.nominated by Indian tribes an"'

organizations. The Council is toadvise the Commissioner (now.Secretary) of Education onregulafions for Indian Edu:ation Actprograms, review applications forgrants under these programs. :'rovidetechnical assistance to localeducational agencies and Indianorganizations, and submit an annualreport to the Congress withrecommendations for the improvementof Federal education programs thatbenefit Indians. The Council is

currently authorized through FY1989. at an annual appropriationlevel of "such sums as may benecessary".

298

TITLE VIII, PART C -- OTHER PROGRAMSOF INDIAN EDUCATION

The current law provision for the

National Advisory Council on IndianEducation is extended throughOctober 1, 1993.

TITLE XI, PART C, SECTION 11342- -

NATIONAL ADVISORY COUNCIL ON INDIANEDUCATION

The current law provision for theNational Advisory Council on IndianEducation is repealed, and replacedwith ...irtual ly i :lentic allegislation, with an authorizationof appropriations of "such sums asmay be necessary" for each of fiscalyears 1989-1993.

29:)

Current iaw

CRS-160

H.R. 5, as passed by House H.R. 5, es passed by Senate

PART E. SECTION 453, INDIAN TITLE VIII, PART C. SECTION 8302-- TITLE X!, PART C, SUBPART 5--EDUCATION ACT -- DEFINITION

A definition o

PROOF OF ELIGIBILITY DEFINITIONS

, term, "Indian", The current law provision isis provided for purposes of amended: to provide thatdetermining the eligibility of eligibility data are to be providedpersons to participate. in Indian to the Department of Education atEducation Act programs. "Indians" the option of parents and forare to include individuals who: are statistical purposes only, and notmembers of an Indian tribe or for establishment of eligibility:organization, or a descendant of that membership in an Indian tribesuch a member; have been deemed to or organization is to be defined bybe Indians by the Secretary of the the tribes and organizations; and toInterior; are Eskimos, Aleuts. or vest vesponsibility for eligibilityother Alaskan Natives: or have been d e t e r m i n a t ions w i t h 1 o c a I

determined to be Indians in educational agencies and (Indian)accordance with regulations parent committees.p Imulgated by the Commissioner(now. Secretary) of Education. in

consultation with the NationalAdvisory Council on IndianEducation. Data required to beincluded on forms for establishingand documenting eligibility orespecified.

3 N)

The current lac provision is

repealed, and replaced with a

virtually identical definition of

"Indian", except that provisionsspecifying data to be included on

eligibility forms are not retained.

Current law

CRS-161


No provision.

3n2

TITLE VIII, PART D -- NATIVEAMERICAN INDIAN SCHOOLS (NATIVEAMERICAN INDIAN SCHOOL ACT)

Purpose of program

This new program authorizes the

Secretary of the Interior toestablish no more than 5 NativeAmerican Indian Schools to serveIndian students residing on Indianlands. Each school is to have thestatus of a separate corporation.similar to the status of theInstitute for American Indian Arts.P avisions are made for a board oftrustees, general powers of theboard, employment and duties of a

superintendent of the school, re-

tention of Indian preference, non-political nature of the school, tax-exempt status, annual reporting,endowment program, and continuedFederal financial support for theschool.

No provision.

303a

Current law

CRS-162


No provision.

3n4



authorized to expend "such sums asmay be necessary' for the estab-lishment of these schools, with thefunds to be provided through au-thorizations and appropriationsthat would have been available if

the Native American Schools had notbeen formed.

No provision.

3f;5

Current law

CRS-163

H.R. S. as passed by House H.R. 5. as passed by Senate



306

TITLE XI. PART 0 -- MISCELLANEOUSPROVISIONS

The language regarding "necessary"expenses as a basis for theauthorization of appropriationsunder the Navajo Community CollegeAct is clarified. New provisionsare added to the Tribally Controlled

Community College Assistance Act of1978 and the Navajo CommunityCollege Act regarding: (1) the

methods used by the Secretary of theInterior in the disbursement of

funds; (2) he interest obtained inthe investment of such funds; and( 3 ) n o n -federal matchingrequirements.

Enrollment and general assistancepayments

The Secretary of the Interior shallnot disqualify an otherwise eligibleIndian for whom the BIA hes beenmaking general assistance paymentsfor at least 3 months because theindividual is enrolled at easthalf-time in specified education andtraining programs.

307

Current law

CRS-164



Use of Bureau facilities


authorized to permit non-Federalorganizations to use BIA facilities.and to charge fee3 for such use, if

it does not interfere with theresponsibilities of the BIA.

31' 3 I- c)

Curre.at law

CRS-165

H.R. S. ns passed by House H.R. 5. as passed ay Senate


31.0

TITLE XI, PART E -- WHITE HOUSECONFERENCE ON INDIAN EDUCATION

No earlier than September 1. 1989.and no later than September 30.1991, the President is to conduct aWhite House Conference on IndianEducation. The Conference is toexplore the feasibility ofestablishing an independent U.S.Board of Indian Education, and to

make recommendations to improve therelevancy of Indian education. AnInteragency Task Force is createdfor Conference planning. EachFederal agency shall coopera.e with.and provide assistance to, the TaskForce. The final report of theConference is to be submitted to thePresident. and transmitted to theCongress together with a statementby the President containingrecommendations. An AdvisoryCommittee of the Conference is

established. There are authorizedto be appropriated such sums as maybe necessary" for each of fiscalyears 1988-1990.

311

Current law

CRS-166


No provision.

No provision.

319t ...,,

TITLE VIII, PART E -- NATIVE TITLE X -- EDUCATION FOR NATIVEHAWAIIAN ZDUCATION PROGRAMS HAWAIIANS

Purpose of the program

The purpcse of this program is bothto provide supplemental educational

services to Native Hawaiians, and tofocus the attention of Federal,State. and local agencies on theeducational needs of NItiveHawaiians.

Native Hawaiian model curriculumdevelopment project

The Secretary of Education shall

make grants to the State of Hawaiiand the Kamehameha Schools/BernicePauahi Bishop Estate for implemen-tation of the latter's KEEP modelcurriculum in at least 20 publicschools.

Same as House version.


3)3

Current law

CRS-167


No provision.

No provision.

Native Hawaiian family basededucation centers


make grants to Native Hawaiianorganizations for the establishmentof at least 11 fami 1y-busededucation centers. The centers willprovide parent-infant and preschoolprograms, plus research anddevelopment activities.

Native Hawaiian higherdemonstration programs

education

The Secretary of Education shallmake grants to the KamehamehaSchools/Bernice Pauahi Bishop Estatefor both undergraduate and graduatelevel fellowships for NativeHawaiian students at institutions ofpostsecondary education. Thesefellowships could be used forcounseling, support, evaluation. andrelated activities, as well astuition and fees.



Current law

CRS-15B


No provision.

No provision.

316

Native Hawaiian gifted and talenteddemonstration program

The Secretary of Education shallmake grants to. or enter intocontracts with, the State of Hawaiiplus the Kamehameha Schools/BernicePauahi Bishop Estate for demonstra-tion programs to meet the specialneeds of gifted and talented NativeHawaiian stuoents.

Native Hawaiian special educationprogram

The Secretary of Education shallmake grants to, or enter into

contracts with, the State of Hawaiior Native Hawaiian organizations toprovide special education programsfor Native Hawaiian students.

Same as House version, except that

the Secretary 45 also to establish aNative Hawaiian Gifted and TalentedCenter at the University of Hawaiiat Hilo. Further, the grants or

contracts for demonstration programsare to include the University. In

addition, the Secretary is tofacilitate the creation of a networkof Native Hawaiian and AmericanIndian Gifted and Talented Centers.

Same as House version, except it is

stated that services provided underthese programs must be consistentwith part B of the Education of theHandicapped Act.

317A

Current law

CRS-169


No provision.

No provision.

318

Definition

"Native Hawaiians" are defined as

persons who are United Statescitizens, residents of the State ofHawaii. and descendants of the

aboriginal people who occupiedHawaii prior to 1778.



There is authorized to be appro- Same as House version.priated a total of $9.9 million forthis nart for f4eml ./.... !goo,

For fiscal years 1989-93. the au-thorizations are the same as for FY1988 for some programs of thispart, but are "such sums as may benecessary" for others. Specificauthorizations are provided for eachprogram. Amounts appropriated areto remain available until expended.

319

Current law

CRS-170



320

SPECIAL PROGRAMS

See title I. chapter 2 above tor

similar program (primary differenceis source of funding).

TITLE II, PART B- -EFFECTIVE SCHOOLS

Authorizes grants to State and localeducational agencies for effectiveschools programs. Such programsseek to achieve strong and effectiveleadership; emphasis on basic endt,;gher order ski I Is; safe andorderly schools; expectation thatvirtually all children can learn;and continuous assessment. Thereare authorized to be appropriated$25 million for FY 1989; S26.5million for FY 1990: 527.5 millionfor FY 1991; $29 million for FY1992; and $30.5 million for FY 1993.

321

Current law

CRS-171


P.L. 92-506. AS AMENDED

Under P.L. 92-506, as amended,grants are authorized to a private,non-profit organization, the Close-Up Foundation, to organize financialassistance to economically disadvan-taged pupils and their teachers to

participate in the Foundation'sprograms. The Close-Up programbrings high school pupils to Wash-ington, D.C., for instructionalactivities on American Government.Participants attend a variety of

government functio's (e.g.. Con-gressional hearings), and receiveinstruction via seminars, lectures,etc.. with governmental leaders.The appropriations authorizationlevel is currently $2.5 million foreach of FV 1988-89.

322

TITLE VI. PART B--ALLEN J. ELLENDERFELLOWSHIP PROGRAM

The appropriations authorization forthe Ellender Fellowship program is

extended through FV 1993. at a levelof 42.5 million for FV 1988 and"such sums as may be necessary" foreach of FV 1989-93. The provisionsregarding selection of recipients ofthe fellowships are amended to re-

quire that special consideration begiven to "students with special edu-cational needs, including handi-capped students, students from re-cent immigrant families. and ethnicminority students" (sec. 6201(b)).

TITLE II. PART F--ALLEN J. ELLENDERFELLOWSHIP PROGRAM

The Ellender Fellowship program is

reauthorized through FV 1993, withan appropriations authorizationlevel of 43 million for FV 1989,rising to 45 million for FV 1993.

for each of 2 programs--fellowshipsfor secondary school students andteachers, and fellowships for olderAmericans and recent immigrants.The Senate bill also containslanguage similar to that of theHouse version regarding consid-eration for students with specialneeds.

323(....)

Current law

CRS-172


No provision, No provision.

324

TITLE II, PART E--FAMILY-SCHOOLPARTNERSHIP

This part authorizes the Family-School Partnership Act for demon-stration grants to local educationagencies for family-school educa-tional partnership activities.Among these activities are familytraining, developing new schoolprocedures to respond to changingneeds of students and families, andproviding personnel to coordinatefamily involvement activities.Private school pupils. families, andteachers are to participate. Anadministrative unit for family-school partnerships in education isestablished in the Department ofE d u c a t i o n , T h e a n n u a l

authorization is $10.5 million forFY 1989. $10 million for FY 1990,$11 million for FV 1991, $12.5million for FY 1992, and S14 millionfor FV 1993.

)(.3 3

Current law

CRS-173

H... 5, as passed by House H.R. 5, as passed by Senate

EDUCATION FOR ECONOMIC SECURITY ACT,TITLE VI--EXCELLENCE IN EDUCATIONPROGRAM

This program supports activitiesthat improve educational quality.Among such activities are raisinghigh school graduation requirements.limiting elective courses in

secondary schools.learning time. Upcan be funded. The FY

and increasingto 500 schools

1988 8U-thorization is $16 million

TITLE VI, PART E--EXCELLENCE IN

EDUCATION

The House bill repeals title VI.

Education for Economic Security Act.and reauthorizes this program aspart of the School Improvement Actof 1987. The only substantivedifference from current law is thereduction of the FV 1988authorization level to S5 millionand the authorization of "such sumsas may be necessary" for FY 1989through FV 1993.

Sect:on 6006--Repeal

This section repeals title VI of the

Education for Economic Security Act.

Current law

CRS-174



328

TITLE IX, PART B--FUND FOR THEIMPROVEMENT AND REFORM OF SCHOOLSAND TEACHING

This part establishes the Fund forthe Improvement and Reform ofSchools and Teaching within theDepartment of Education. TheSEcretary of Education is to carryout this program through the Fundfor the Improvement of Schools andTeaching Board. The Secretary is tosupport projects that help "atrisk" children meet higher educa-tional standards; promote tiesamong school personnel, families,and t.e community; .mprove theprofessional status of teachers;increase the number of minorityteachers; and improve teachercertification processes. No singlegrantee may receive less than $5.000or more than $125.000 in any fiscalyear. No later than June 1. 1990,the Secretary is to report to theCongress on programs assiste bythe Fund. The Director of the Fundis to meet regularly with theDirector of the Fund for theImprovement of PostsecondaryEducation. The annualappropriation authorization is S18milllun for FY 1989. $18.9 million

3 2

Current law

CRS-175



330

for FV 1990. $19.9 million for FV1991, $21 million for FY 1992, and$22 million for FV 1993.

TITLE IX, PART C--OPTIONAL TESTSFOR ACADEMIC EXCELLENCE

This part authorizes the Secretaryof Education to approve tests of

academic excellence, or develop sucha test, for the identification of

outstanding students in the 11thgrade in public and private secon-dary schools. Tests are to begiven on a voluntary basis withadministrative costs met by theSecretary. No less than $2 millionis to be used for this purpose fromthe funds reserved under section405 (f)(1)(D) of the GeneralEducation Provisions Act.

331

Current law

CRS-176


No provision. No srovision.

332

TITLE II. PART H--PARENTAL CHOICEOPEN ENROLLMENT DEMONSTRATIONPROGRAM IN PUBLIC SCHOOLS

This part authorizes a program of

demonstration grants to local ed-ucational agencies that permitelementary and secondary studentsto enroll, according to parentalchoice, in public schools withoutregard to attendance zones. Fundsmay be used for activities thatincrease attendance and achievement.accountability for school success,parental involvement, and publicinterest in local schools. Unlessvery large numbers of students arebeing served, individual grants arelimited to $1 million in any year.No later than October 1, 1992, theSecretary of Education is to reportto the Congress on the results ofan independent evaluation of theseprograms. The annual authorizationis $15 million for FY 1989, $16million for FV 1990, 517 million forFY 1991, $18 million for FY 1992,and $19 million for FY 1993.

323

Current law

CRS - 177

H.R. 5. as pa.ssed by House H.R. 5. as passed by Senate


TITLE II. PART I--RURAL EDUCATIONOPPORTUNITIES

This program authorizes 10 regionalrural assistance centers to assistState and local educational agencies

improve the Quality of education foreducationally disadvantaged childrenwho are participating in programsunder chapter 1 of title I of thisAct, and who reside in rural areasor attend small schools. Each cen-ter must coordinate its activitieswith technical assistance centersestablished under chapter 1. coor-dinate its activities with Stateand local chapter 1 programs, andassist in the identification of

successful programs and practicesfor dissemination through the Na-tional Diffusion Network. Thereare authorized to be appropriatedS10 million for FV 1989. $10.5million for FV 1990. $11 million forFY 1991, S12 million for FY 1992,and S13 million for FY 1993.

Current law

CRS-178



31G

TITLE II, PART J -- SECRETARY'S FUNDFOR INNOVATION IN EDUCATION

The Secretary of Education is au-thorized to make grants for programsstrengtheniog elementary and second-ary education. Among the eligibleactivities are educational televi-sion and radio. programming,computer-based instruction, compre-hensive school health education,telecommunications and videoinstruction, a Pride in Schoolsprogram for facilities maintenanceactivities, and youth suicideprevention. The annual authoriza-tion is $20 million for FY 1989, 521million for ,V 1990, 522 milliot. forFY 1991. 523 million for FY 1992.and $25 million for FY 1993.

3 .1

1111111

Current law

CRS-179


SECTIONS 1524 AND 1525. P.L. 95-561

Two provisions initially enacted inthe Education Amendments of 1978(P.L. 95-561) authorize educationalassistance to certain Outlying Areasof the United States. Sec. 1524authorizes a program of GeneralAssistance to the Virgin Islands,while sec. 1525 authorizesassistance to Territorial TeacherTraining programs in all of theOutlying Areas. Currently, each ofthose programs is authorized throughFV 1989, at an annual level of $5million for General Assistance to

the Virgin Islands, and $2 millionfor Territorial Teacher Training.

3:18

TITLE VI. PART D--TERRITORIALASSISTANCE

These 2 programs are extended forfiscal years 1989-93, at an annuallevel of "such sums as may be nec-essary." and without substantiveamendment.

TITLE II. PART G--TERRITORIALASSISTANCE

Same as the House bill, except thatthe appropriations authorizationlevels are specified. For GeneralAssistance for the Virgin Islands.the authorization is $5 million forFV 1989, rising to $7 million for FV1993. For Territorial TeacherTraining, the authorization is $2

million for FV 1989. increasing to$2.6 million for FV 1993.

3 .1 D

Current law

CRS-180


TITLE IX, PART C. ELEMENTARY ANDSECONDARY EDUCATION ACT -- WOMEN'S

EDUCATIONAL EQUITY ACT

Short title; purpose

Congress finds that educationalprograms are frequently inequitablefor women and limit full partici-pation' in American society. Excel-lence in education cannot beachieved without equity for womenanc girl;,

The purpose of the Women'sEducational Equity Act (WEEA) is to

provide educational equity for womenand girls, including those whosuffer from multiple discriminationon the basis of sex as well as ofethnic origin, disability, or age.Another purpose is to providefinancial assistance for meeting therequirements of title IX of the

Education Amendments of 1972.

340



341

Current law

CRS-181

H.R. 5, as pass J by House H.R. 5, as passed by Senate

Grant and contract authority

The Secretary is authorized to makegrants and enter into contractswith public agencies, private non-profit agencies and organizations,and individuals in order to achievethe purposes of WEEA ac all levelsof education.

Support may be provided fordemonstration, developmental, or

disseminat'on activities of na-tional. statewide, or other generalsignificance, including developingand evaluating curriculum materials,training, research and development,guidance and counseling, and expand-ing programs and opoortunities.

Assistance not to emceed two yearsmay also be provided for establish-ing and operating projects of localsignificance, includin-, activitiesthat are incident to compliance withtitle IX of the Education Amendmentsof 1972. At least 75 percent of thefunds for thes' projects must beawarded to local educational agen-cies. At least one award must bemade for each activity specifiedabove for projects of generalsignificance.


Same as current law. Sameas current law excep% refArictscurriculum development to where suchmaterials are commercially unavaila-ble.

Same as cu -rent law. Same as current law.

343

Current law

CRS-182


The first $6 million of fundsavailable for WEEA shall be used foractivities of national, statewide,or other general significance. Ad-ditional funds may be used eitherfor such activities or for projectsof local significance.

Application; participation

Applications must provide thatprojects and activities for whichassistance is sought will be admin-istered by or under the supervisionof the applicant. The program mustbe described. Steps ensuring ade-quate evaluation must be set forth.

Same as current law. Sets threshold for funding projectsof local significance at $3 million.



Nothing in WEEA shall be construedas prohibiting men and boys fromparticipating in assisted programs.

Where appropriate, adds requirementfor an evaluation or estimate of the

Potential for continued significancefollowing completion of grant peri-od.

Special consideration is to be givento applications from applicants notpreviously having received WEEAassistance. and from applicants ont he basis of geographicdistribution.


Current law

CRS- 183


Challenge grants

Part of the funds for activities ofnational, statewide. or othergeneral significance shall be usedfor challenge grants to supportcon.prehensive plans. innovativeapproaches, etc. Each grant is

limited to 540.000.

Criteria and priorities

The Secretary shall establish byregulations separate criteria andpriorities for activities of nation-al, statewide. and oto.. generalsignificance and for projects of

local significance.

346





34':'.

Current law

CRS-184


National Advisory Council on Women'sEducational Programs

A National Advisory Council onWomen's Educational Programs is

established in the Department of

Education. The Council shall becomposed of 17 individuals appointedby the President who among otherthings are representative of certaingroups of women or are expert intheir educational needs, the staffDirector of the "ivil RightsCommission, the Director of theWomen's Bureau of the Department oflabor, and the Director of theWomen's Action Program of theDepartment of Health. Education, andWelfare.

Deletes reference to Director of theWomen's Action Program of the De-partment of Health. Education, andWelfare.

Members appointed by the President Same as current law.shall have 3-year terms, except forthose first appointed and thosefilling vacancies.

348

No provision for Council.

No provision for Council.

3 d4%,

Current law

CRS-185


The duties of the Council shallinclude among other things advisingthe Secretary and Congress aboutequal educational opportunities forwomen and policy matters relating toWEEA administratic^, making recom-mendations to the Secretary aboutfunding priorities. "1vising all

Federal agencies with educationprograms about aspects relating to

women, making reports to the Presi-dent and Congress. and disseminatinginformation about the Council'sactivities.

The provisions of part D of theGeneral Education Provisions Actshall apply to the Council.


350

Same as current law. No provision for Council.

Same as current law. No provision for Council.

WEEA shall be administered wit,iin

the Office of Educational Researchand Improvement within the Depart-ment of Education by an individualreporting directly to the AssistantSecretary.


35 !

Current law

CRS-186


Report... evaluation,dissemination

a nd

Not later than September 30th each Extends years in which reports areyear 1985 through 1989 the Secre- required through 1993.tary shall submit to the President.Congress. and the Council a reporton programs and activities assistedby WEEA. The report shall be dis-tributed to interested groups andindividuals, including Congress,from WEEA funds. After receivingthe report, the Council shall over-see, an evaluation of the assistedprograms and projects and report onit in its annual report.

The Office of Women's EducationalEquity shall evaluate and dissemi-nate (at low cost) all materials andprograms developed under WEEA.


The following appropriations areauthorized for WEEA:

FY 1985FY 1986FY 1987FY 1988FY 1989

410 million412 million414 million416 million420 million

Makes Office of Educational Researchand Improvement responsible for suchevaluation and dissemination.

Requires the Secretary, with WEEAfunds, to submit a report on assis-ted programs and activities to tte

President and Congress no later thanSeptember 30, 1992, and to providefor distribution of the report.

Same as the House bill, though zlsodeletes phrase at low cost."

Increases the appropriation author- Authorizes the following appropria-ized for FV 1988 to $20 million; tions:authorizes "such sums as may be FV 1989 45.3 millionnecessary" for each of the five FV 1990 $5.6 millionsubsequent years. FV 1991 $5.9 million

FV 1992 46.2 millionFY 1993 $6.5 million

35 0ti

Current 'aw

CRS-187


Repeal

No comparable provision. Repeals previous WEEA legislation. Same as H.R.5.

Current law

CRS-188


PART E, GENERAL EDUCATION PROVISIONSACT

Education Appeal Board: Office of

A...piniatrative Law Judges

RL.:ipienfs of ED grants cr contractswho have been audited and havereceived formal notice stating thefindings of the audit--e.g..received a "final letter of

determination"--can appeal thosefindings to the Education AppealBoard. The Board is an administra-tive unit within he ED that is

authorized to conouct audit appealhearings, cease and desist hearings.and other proceedings designated bythe Secretary. Members of the Boardare chosen by the Secretary and mayinclude individuals who are employ-ees of the Federal Government. TheSecretary designates one of theBoard members as its chairperson.Membership of the Board is limitedto at least 15. but not more han30. members, and no more than one-third can be employees of the ED.Audit appeal hearings are conducted

1". ...J:) t)

'''

ADMINISTRATIVE PROVISIONS: AUDI7S

SECTION 9301 -- ENFORCEMENT UNDER THE

GENERAL EDUCATICN PROVISIONS ACT

The Education Appeals Board is

replaced by an Office o' Adminis-trative Lcw Judges within the ED.

The judges are responsible for thesame typo of hearings as the

Education Appea's Board, but unlikemembers of t'. Education AppealBoard, are considered employee, of

the ED. The secretary designatesone of the jcLges as the chiefjudge, and the %Thief judge assicy.one judge to each case. Reou:dtionsmust be promulgated by tne Secretaryfor the procedur-s of this Officethat give the parties the hearingrights established in theAdministrative Procedures Act.

No provision.

3r

T----

Current law

CRS-189


by panels of at least 3 Boardmembers. Only the Secretary canmodify or reverse a panel'sdecision.

No provision.

No provision.

Discovery

A process of discovery is provided No provision.for the parties to an audit. Theadministrative law judges have theauthority to order a party to pro-duce relevant documents, to answerwritten interrogations, and to havedepositions taken. The ju,ges mustset a tine limit on the discoveryperiod. The judges also have the

authority to issue subpoenas. an.1 toapply to Federal District Courts fortheir enforcement.

Attorney's fees

The Equal Access to Justice Act, re-lating to the costs of litigationand attorney's fees, is applicableto these proceedings.

No provision.

CRS-I90

Current law H.R. 5. as passed by House H.R. 5. as passed by Senate

No provision.

3 C 0

Mediation

The Secretary is authorized toestablish a system for voluntarymedi-tion of disputes perding beforethe Office of Administrative LawJudges. The mediator must be inde-pendent and accepted by all partiesin the dispute.

No provision.

361

Current law

Audit determinations; recovery of

funds

..n administrative mechanism is es-

CRS-191


This provision of the GEPA is re- No provision.tablished to recover funds deter- named. "Recovery of Funds."mined by an audit to have been Although an administrative mechanismmisspent. The General Education by which the ED can recover misspentProvisions Act (GEPA) establishes or disallowed funds is maintained.notification, appeal processes andtime lines ED must follow in issuingand enforcing a final audit deter-mination. These provisions apply toformal actions taken only after a

final audit determination is made- -that is, after the auditor's reporthas gone through an audit resolutionprocess involving the audited recip-ient and ED program officials. TheGEPA does not specify the processthat is used by the ED to reviewaudit findings prior to the issuanceof a final audit determination. Theaudit determination provisions gov-ern funds that were misspent or dis-allowed under the program law andthe process the ED must use to re-cover these funds from the recip-'ent (usually State and local educe-tNonal agencies).

3C2

the process of determining finalaction on audit findings is signif-icantly changed. The formal writtennotification of an audit finding,currently called the final auditdetermination, is replaced with twoformal written notifications: (I)the preliminary Department deter-mination (issued after the audit butbefore the appeals process) and (2)final agency determin ion (issuedafter appeals and any adjustmentsare made to the audit claim).

363

Current law

CRS-192

H.R. :,, as passed by House H.R. 5, as passed by Senate

Procedures

The GEPA establishes the process andtime lines by which the ED notifiesa recipient of a final audit deter-mination. and the appeals proceduresavailable to that recipient.

Burden of proof

Unless tine Education Appeal Boarddetermines that a final auditdetermination lacks sufficientdetail to justify the finding, theburden is on the recipient to

demonstrate why expenditures shouldbe allowed when they were disallowedin the final a Jit determination.

The procedures under which the re-cipient receives written notice of

audit findings are chhged. TheSecretary must give the recipientwritten notice of a preliminaryDepartmental decision, and notifythe recipient of its right to havethat decision reviewed by the Officeof Administrative Law Judges and itsright to mediation. Time lines forreview and appeal of an audit find-ing are established.

No provision.

The burden of establishing a "prima No provision,facie" case for the recovery of

funds is placed on the Secretary.Failure by recipients to mainta' .

records required by law, or failureto allow the Secretary access tosuch records, automatically con-stitutes a "prima facie" case.After the Secretary establishes a"prima facie" case, the burden of

prof shifts from the ED to therecipient.

3n5

Current law

CRS-193


Compromise claim

Subject to certain requirements, theSecretary is allowed to waive pay-ment of any claim of disallowed ex-penditures under $50,000, whet, the

collection of any or all of the

claim would not be practical or in

the public interest, and when the

practice that resulted in the claimhas been corrected.

Time limitations

Places a 5-year limit (from the

time the disallowed expenditure wasmade to the .ime a final audit de-termination was issued) on whendisallowed expenditures must bepaid.

No provision.

366

Similar to current law, except theamount that can be waived by theSecretary is increased to $200,000.

No provision.

Similar to cm-rent law. No provision,

Subrecipient recovery

A process is established for a Stateto require local educational agen-cies that are affected by an auditfinding to pay funds thRt they have

No provision.

3 i; ; '

Current law

CRS-194


No provision.

3S 8

misspent. The State must send copyof the preliminary Departmentdetermination to the localeducational agenc within 10 daysafter the State received notice.

Publication of Departmentaldecisions

The Secretary is required to publishthe final agency action on an auditin the Federal Registe-.

No provision.

31 f)

Current law

CRS-195


No provision.

No provision.

370

Substantial evidence

The Secretary is required to reviewthe determinations made on auditsthat are appealed to the Office of

Administra.ive Law Judges under a

"substantial compliance" test (i.e.,the findings of fact, if supportedby substantial evidence, must beconclusive).

Meat:tire of recovery

Calculation of Harm: Requires thatfunds disallowed in an audit be paidback to the Federal Government in anamount that is "proportionate to theextent of harm its violation causedto an identifiable Federal inter-est." Examples of identifiableFederal interest include servingonly eligible beneficiaries, pro-viding only authorized services or

benefits, complying with fiscalaccounting requirements, and main-taining accountability for the useof funds.

No provision.

No provision.

Current !se

CRS-196

A.R. 5, as passed by House H.R. 5, as passed by Senate

MitigatIELJ=1-11U11aSA1: Estab-lishes a set of "mitigating cir-cumstances" that, if demonstratedby the State or local agency, exempt

them from being .equired to pay backinallewable expenditures. Thesecircumstances include reliance uponincorrect written guidance from thzt

c.0; the failure of the EC to respondwithin 90 days to x. written requestfor guidance; and reliance upon e

judicial decree issued to the recip-ient. In order to dernr,--:trate thefailure of the ED to pond to a

written request for juidance, theState must provide accurate infor-mation about the questioned issJe crexpenditure, the chief legal counselof the State must certify that he/she believes the expenditure or

practice to be lawful, and the Stateor local agency must believe thatthe expenditure or practice wasreasonable.

Dissemination of Guidance; Requiresthe Secretary to disseminate toState educational agencies answersto requests for guidance that meet

372"/i

Current law

CRS-197


Other enfercemeLt methods

in addition to the audit determina-tion provisions, the ED can useother methods to enforce compliancewith Federal statutes. These meth-ods proside nrospective remedies.and recipients do not have to payback funds spent in violation of thelaw. These Wier methods are with-holding of future funds and ceaseand desist orders, which require therecipient to stop immediately thequestioned practice or expenditure.Both of these methods are subject toadministrative and judicial appeal.

374

the criteria established under the"mi t igat ing ci rcumstances"provisions, when the guidanceinvolves significant interpretationsof the law or policy.

Similar" to current law, except a

new method for enforcement called acompliance agreement is added, thatis described below.

Compliance ayreementi.

The Secretary may enter into com-pliance agreements with any recip-ient who c.-n prove that full ct.m-

pliance w a law is not fea.ibleuntil a fu are date. The substanceof the compliance agreement must bepublished in the Federal Register.Recipients have up to 3 years to

achieve full compliance. A recip-ient who enters into a complianceagreement may still be required to

pay back funds misspent prior to thedaze of the compliance agreement.

No provision.

375

Current law

CRS-198


Judicial review

The GEPA establishes the proceduresand circumstances under which a

judicial review of an administrativeappeal is appropriate. The judi-

cial

Use of recovered funds

The Secretary has discretionaryauthority to repay State or local

educational agencies up to 75% of

the amount they paid the ED. afterthey were found .i:i have misspentfunds. The auditee must correct thepractice that led to the auditfinding and the amount repaid mustbe used to benefit the populationaffected by the problem.

Similar to current law, except theSecretary cannot take any action tocollect misspent funds until all

administrative appeals and judicialreviews are completed. (Undercurrent law, the Secrets.y cancollect misspe.,t funds after theadministrative appeal process s

completed.)

Substantially similar to current1 a IN , except the Secretary' sdiscretionary authority to returnrecovered funds is expanded toinclude any recipient, not justState or local educational agencies.

No provision.

No provision.

Current law

CRS-199


(NATIONAL) CENTER FOR EDUCATION STATISTICS

SECTION 406, GENERAL EDUCATION SECTION 9311--CENTER FOR EDUCATIONPROVISIONS ACT STATISTICS

Name of the center

Section 406 of the G-neral EducationProvisions Act (GEPA) establishesthe Center for Education Statisticsas the oganizational entity that

administers Federal educationstatistical activites.

The name is changed to the National No provision.Center for Education Statistics.

Current law

CRS-200


Hoed of the center

The Center is headed by a Director.who is appointed under the competi-tive service by the AssistantSecretary of Educational Research

The Center is headed by a Commis-sioner of Educa'.ion Statistics, ap-pointed for a fixed. 4-year term bythe Presiden%, with the advice and

and Improvsment. consent of tne Senate. The ComMis-sioner is tc be compensated at the

rate of Executive Level IV (the sameas the Assistant Secretary of Educa-tional Research end Improvement).The Commis..loner must have substan-tial experience and knowledge of theCenter's programs. There is to be

an Associate Commissioner for Sta-tistical Standards and Methodology.and an Associate Commissioner for

International Education Statistics.

380

No provision.

3S!

Current law

CRS-201


Advisory council

The Advisory Council on EducationStatistics is composed of 7 membersappointed by the Secretary, and 3 exofficio members (the Assistant Sec-retary for Educational Research andImprovement, the Di,ector of theCew.us, and the Commissioner of

Labor Statistics), with the Assist-ant Secretary designated as the non-voting presiding officer of theCouncil. The Council is responsiblefor establishing statistical stand-ards for the Center.

Annual report

The Secretary is required to submitt o t h e C o n g r e s s an annualstatistical report on the conditionof education in the United States.

382

The seven apoointed members arerequired to be public members; theCommi ssione r of Educat ionStatistics and the Chairman of theNational Commission on Librariesand Information Science are added asex officio Council members; and theCommissioner is designated as the

non-voting presiding officer of theCouncil. The Council must provideadvice on statistical standards forthe Center.

The Commissioner must submit theannual statistical report on thecondition of education. TheSecretary may submit to the Congressan annual report on the State of

Education in the Nation, includingthe Secretary's views of criticalneeds in education and the mosteffective manner in whic,i the Nationand the Federal Government mightaddress these needs.

No provision.

No provision.

Current law

CRS-202


Administrative provisions

The Secretary is authorized to

administer education research andstatistical activities, either

The Commissioner is givenindependent authority to administereducation statistical activities,

directly or through grants, including contracts or otherctntracts, and cooperative financial arrangements (withoutagreements. modifying the Secretary's

authority). The Commissioner is

authorized to prepare and publishdocuments and other reports, as

required or deemed appropriate. TheCommissioner is authorized to usesampling techniques to gatherstatistics.

No provision.

Current law

CRS-203


No provision.

386

Other reports and studies; dropoutand retention rates

The Commissioner must issue regularpublic reports on educationindicators. such as dropout andretention rates, the results of

education, supply and demand of

education personnel, and libraries.The Commissioner must establish a

special study panel on educationindicators; the panel will makerecommendations on the indicatorsreported by the Commissioner. TheCenter will: (1) conduct an annualnational survey of dropout andretention rates; (2) make an annualreport to the Congress on dropoutand retention rates; and (3) reportevery 10 years on the social andeconomic status of children whor e s i d e i n d i f f e r e n t schooldistricts, on the basis of the mostrecent decennial census.

No provision.

3,7

Current law

CRS-204


Postsecondary student survey

No less than once every 3 years. theSecretary must survey postsecondarystudent aid recipients (required bysection 1303(a) of the HigherEducation Amendments of 1986. P.L.99-498).

No provision.

3R8

The Center will conduct onct every 3years a national study and surveyof postsecondary student financialaid (but the requirement that the

Secretary conduct the survey is notbe amended).

National longitudinal survey

T: Center must conduct a nationallongitudinal survey of theeducational progress rf a sample ofelementary and secondary schoolstudents.

No provision.

No provision.

389

Current law

CRS-205

H.R. 5, as passed by house H.R. 5, as passed by Senate

No provision.

No provision.

3q0

Confidentiality

The protection of t h e

confidentiality of individualrespondents is required in surveysconducted or authorized by theCenter. Individual respoilses aredeclared immune from any legal

process, without individual consent;this provision applies toindividually identifiable data thatare in the possession of the Centeror an y of its employees.contractors, or agents. Protectionof confidentiality applies only to

individuals and not to states, localeducational agencies, or schools.

Cooperative statistics system

No provision.

The National Cooperative Education No provision.Statistics System is establishedwithin the Center; the System willproduce and maintain comparable anduniform data that are usef0 for

policy making at the Federal. State.and local level; States mayparticipate in this system on a

voluntary basis. The Center will

establish a special program to trainState and local personnel in theoperations of the Center.

391

Current law

CRS-206


Authorization of appropriations;statistics

The authorization of appropriationsfor the Center is part of theauthorization for the Office of

Educational Research and Improvement(OERI). (Section 405(f)(1) of theGEPA authorizes for the OERI $72.231million for FV 1987. and "such sumsas may be necessary" for each of thefour succeeding fiscal years.) In

any fiscal year that the appropria-tion for the OERI equals or exceedsthe amount appropriated in FV 1986.the amount expended for educationstatistics shall not be less than$8.75 million.

342

The Center has a separateauthorization of appropriations of$25.809 million for FV 1988.$32.823 million for FV 1989.$37.323 million for FV 1990, and"such sums as may be necessary" foreach of FV 1991 through FV 1993.These amounts include salaries andexpenses (which ere separatelyauthorized for the entireDepartment under existing law).

No provision (except for theauthorization for the NationalAssessment, discussed below).

393

Current law

CRS-207


SECTION 405(e), GENERAL EDUCATIONPROVISIONS ACT

National Assessment of EducationalProgress

The National Assessment of

Educational Progress must report atlea,,t once every 5 years on the

performance of the Nation's studentsat various age or grade levels in

the areas of reading. writing, and. mathematics, and conduct specialassessments of other areas as needed(required by section 405(e) of theGEPA).

3()4

NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

The National Assessment must alsospecifically repor t on theperformance of students served bychapter 1 of the School ImprovementAct of 1987 and chapter 1 of theEducation Consolidation andImprovement Act of 1981 (section9350 of the School Improvement Actof 1987). The Secretary mustcontract with the organizationconducting the National Assessmentto conduct a national longitudinalstudy of such children, includingthe impact of participation untilthe children reach 18 years of age.and comparing them with children whodid not participate in chapter 1

prog.ams; an extended follow -up

sample will Evaluate the effects ofparticipation through 25 years of

age (section 1436 of the SchoolImprovement Act of 1987).

SECTIONS 1436 AND 9350, TITLE IX,PART A-- NATIONAL ASSESSMENT OFEDUCATIONAL ?OGRESS IMPROVEMENT ACT

The provisions for the Nat4analAssessment are rewritten to: (1)expand the number of eaucationalsubjects to report at leas' everytwo years on reading andmathematics, every four years on

wr:ting and scicnce, and every sixyears on history, geography, Indcivics: (2) increase the geographiccoverage to provide reports on 3

national, regional, and State basis:and (3) strengthen the provisions toensure privacy of individualstudents and their families. In

addition, a uniform standard of

literacy achievement must bedeveloped and used to assess a

national sample of the adultpopulation.

3 (" -0

Current law

CRS-208


Assessment policy committee

The organi:tatior t carrie., outthe National 1 .essment mustestablish a 19-member AssessmentPolicy Committee to design andsupervise the conduct of theNational Assessment.

Authorization of appropriations;assessment

The authorization of appropriationsfor the National Assessment is partof the authorization for the Officeof Educational Research andImp.ovement (OERI). (Section405(f)(1) of the GEPA authorizesfor the OERI 572.231 m Ilion for FV

No provision. The Assessment Policy Committee is

replaced by a 20-m tuber NationalAssessment Governing Board that is

appointed by the Secretary to

design and supervise the conduct ofthe National Assessment.

No provision (except for the The authorization for the OERI isauthorization for educational.Aatistics. discussed above).

extended for 2 additional years(through FV 1993) at a level of

"such sums as may be necessary- foreach additional year. In any fiscalyear that the approprirtion for theOERI et.-als or exceeds the amount

1987, and "such sums as may be appropriated in FV 1986, the amountnecessary" for each of the 4 expended for the National Assess-succeeding fiscal years.)' In any ment shall not be less than $12.5fiscal year that the appropriation million for FY 1989, $18.5 millionfor the OERI equals or exceeds the for FV 1990. 517.9 million for FVamount appropriated in FV 1986. the 1991, and 519.6 million for each ofamount expended for the National FV 1992 and FV 1993.Assessment shall not be less thar Stmillion.

3P73q6

Current law

CRS-209

H.R. 5. as passed by !louse H.R. 5. as passed by Senate

Vocational education

The Carl D. Perkins VocationalEducation Act (P.L. 98-524) requireseach State to reserve 8.5 percent ofits basic State grant forvocational education programsserving single parents andhomemakers.

VOCATIONAL EDUCATION

No provision. The provision is amended so that thereserved funds may be used for pro-grams for single pregnant women aswell

Current law

CRS-210


No comparable provisions, althoughHead Start (42 USC 9831 at see)authorizes funding for comprehensivehealth, nutrition, education, socialand other services for primarilylow-income children under the age ofcompulsory school attendance, andmandates the participation of

parents in the program.

4 0

COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

No provision.

TITLE XII- -COMPREHENSI VE CHILDDEVELOPMENT PROGRAM

The Head Start Act is amended to

authorize $25 million annually for

80 percent matching grants for FV1989-1993 for planning andimplementing child developmentprojects. These projects are to

provide intensive and comprehensiveservices for low-income childrenfrom birth to compulsory schoolage, and their parents.

The Secretary of Health and HumanServices is to make arrangementswith 10 to 25 eligible entities toplan or implement child developmentprojects. Eligible entities areHead Start agencies, community-basedorganizations, institutions of

higher education, public hospitals.community development corporations.or other public or private non-profit entities specializing in

providing services to youngchildren.

4 ' I

Current law

CRS-211


4n2

In ,warding grants. the Secretary isto consider the agency's capacity toadminister the program, proximity topotential recipients or capacity foroff-site services, ability tocoodinate with relevant agencies,management and accounting skills.ability to use other appropriateprograms, and community involvement.

Eligible services include infant andchild health services: child care;early child' Jod developmentprograms; early interventionservices for children with, or at-risk of. developmental delays;nutrition services; prenatal care;education in infant and childdevelopment, health, nutrition, andparenting; referral for education,employment counseling, and training;and assistance in securing incomesupport, health care, nutritionassistance, and housing.

4'3

Current law

CRS-712


The Secretary of Health and HumanServices is to evaluate theseprojects, and may report to theCongress on the evaluations byOctober 1. 1992.

Planning grants

Up to 30 grants may be made for

planning child development projects.Planning grants are limited to 1

year. and no single planning grantmay exceed S35.000. Applicants forplanning grants must submit anapplication containing specifiedinformation.

Service grants

Applicants for service grants musthave either an approved planninggrant application or experienceconducting similar projects, andmust submit an applicationcontaining specified information,including assurances that serviceswill be provided on a continuousbasis, beginning with prenatal care.The Secretary is to ensure thatprojects in rural areas receivechild development service grants.

4^4 zir'5

Current law

CRS-213


While there is nothing in currentlaw that is equivalent to thespecific grant authorized in the

Senate version of H.R. 5. a range ofservices for disabled persons is

authorized under the RehabilitationAct of 1973. as amended.

4n6

EDUCATION AND TRAINING OF DISABLED PERSONS

No provision.

TITLE XIII--SPECIAL GRANT FOREDUCATION AND TRAINING FORINDIVIDUALS WITH DISABILITIES

The Secretary of Education isauthorized to make a grant to theSTate of Utah to carry out educationand training programs for disabledpersons. An FY 1988 appropriationof S4 million is authorized for thispurpose.

tir'7

Current law

CRS-214


COMMUNICATIONS ACT OF 1934, SECTION223

Current law prohibits making, eitherdirectly or through a recordingdevice, any obscene or indecenttelephone communication forcommercial purposes to any personunder 18 years of age. Anaffirmative defense to a prosecutionunder this law is provided throughcompliance by the accused party withFederal Communications Commissionregulations restricting access byminors to such telephonecommunications. The latterprovision is designed to protect therights of adults who might wish to

place or receive telephone calls oftnis r.ture.

4(18

OBSCENE OR INDECENT TELEPHONE COMMUNICATIONS

No provision.

TITLE VII SECTION 7003--PROHIBITDIAL-A-PORN OPERATIONS

The Communications Act of 1934 is

amended 'o outlaw all commercialtelephone calls of an obscene or

indecent nature, regardless of theage of the caller or the voluntarynature of the call.

4'5

document resume - eric · document resume ed 293 639 ps 017 289 title federal aid to elementary and...

Documents