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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Education for Economic Security Act
[re: Equal Access]
Box: 19
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
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National Archives Catalogue: https://catalog.archives.gov/
THE WHITE HOUSE
WASHINGTON
August 9, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS 200
SUBJECT:
H.R. 1310 - Education for Economic
Security Act (Contains Equal Access)
Richard Darman has asked for comments on the above-
referenced enrolled bill by close of business today. The
last day for action on this bill is not until August 15, but
the President plans to announce that he has signed the bill
during this Saturday's radio broadcast.
The most significant aspect of the bill is Title VIII, the
Equal Access Act. The Equal Access Act, a priority of the
Administration for some time, makes it unlawful for any
public secondary school receiving Federal financial assist-
ance which has a "limited open forum" to deny access to that
forum to student groups on the basis of the "religious,
political, philosophical, or other content of the speech" at
meetings conducted by the student groups. A school is
deemed to have a "limited open forum" if it permits any
group to have meetings at school during noninstructional
time. In other words, if any student group (such as the
chess club) can use school facilities during non-school
hours, similar access cannot be denied to other groups, such
as a prayer club or, for that matter, the student Ku Klux
Klan group. There is no enforcement mechanism in the bill.
Justice has concluded that the equal access provisions will
withstand constitutional challenge. In Widmar V. Vincent,
454 U.S. 263 (1981), the Supreme Court held that a public
university could not deny "equal access" to its facilities
to student groups that planned to engage in religious
activities. The present bill would simply extend Widmar to
public high schools. On balance I agree with Justice that
the bill will pass constitutional muster, but the issue is
not free from doubt. In his opinion for the Court in
Widmar, Justice Powell hinted at a possible distinction
based on the age of the affected students: "University
students are, of course, young adults. They are less
impressionable than younger students and should be able to
appreciate that the University's policy is one of neutrality
toward religion." 454 U.S., at 276 n. 14.
- 2 -
The bulk of H.R. 1310 consists of objectionable budget-busting
provisions the Administration will have to swallow to get
the Equal Access Act. Titles I-III establish grant programs
to promote math and science teaching; Title IV authorizes $1
million for 100 Presidential math and science teaching
awards in 1985; Title V authorizes $50 million per year for
1984-1985 and $100 million per year for the five succeeding
years to assist the States in abating asbestos hazards in
the schools; Title VI authorizes $16 million per year for
1984-1985 for demonstration projects on educational excellence;
Title VII creates a grant program for magnet schools.
OMB and Education recommend approval, although they object
to many of the provisions other than the Equal Access Act as
unnecessary, expensive, duplicative, and riddled with
excessive administrative burdens. NSF and OSTP have no
objection. Justice also does not object to signing the
bill, but notes that it is problematic that the Equal Access
Act has no enforcement mechanism, and questions whether it
is really a good idea to deny school officials the power,
for example, to decide that the student branch of the Ku
Klux Klan shall not meet at the school. EPA and Interior
defer; Treasury objects to the interest-free loan aspect of
the asbestos abatement program. The Equal Access Act is a
sufficiently high priority that it appears the bill must be
signed, despite its many objectionable features.
OMB has submitted a signing statement that expresses approval
of two aspects of the bill: the efforts to promote math and
science teaching and, of course, the equal access provisions.
The statement concludes by noting that many provisions in
the bill are objectionable and too expensive, and that the
Administration will not feel bound to request funding at the
excessive levels set in the bill. At lines 12-13 on page 2
of the statement, the President states that the bill appro-
priately balances free speech and "the prohibition against
government support of religion." There is no such prohibition,
and incorrectly paraphrasing the Establishment Clause in
that fashion will be meaningful to students of the
controversies surrounding it. I would change "support" to
"establishment," to avoid any suggestion of a gloss on the
constitutional text.
Attachment
THE WHITE HOUSE
WREFINGTON
August 9, 1984
MEMORANDUM FOR RICHARD G. DARMAN
ASSISTANT TO THE PRESIDENT
FROM:
FRED F. FIELDING Orig. signed by FFF
JGR for
COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 1310 - Education for Economic
Security Act (Contains Equal Access)
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
With respect to the draft signing statement, I would change
"support" or. page 2, line 13 to "establishment," to more
closely track the constitutional language. A "prohibition
against government support of religion" could be considered
quite different from a "prohibition against government
establishment of religion,' and only the latter is clearly
barred by the First Amendment.
FFF:JGR:aea 8/9/84
CC: FFFielding/JGRoberts/Subj/Chron
ID # 216709 CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H INTERNAL
I INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent:
Richard Daman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: H.R 1310 1 Education for Economic
Security Act (Contains Equal Accoss)
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
cuttore
ORIGINATOR 84,0809
/
/
Referral Note:
CUAT 18
D 84,08,09
5 84,08,09
Referral Note:
COB
/ /
=1 /
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A - Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R. Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference. ext. 2590.
5/81
Document No.
216709ss
WHITE HOUSE STAFFING MEMORANDUM
DATE:
8/9/84
ACTION/CONCURRENCE/COMMENT DUE BY:
c.o.b. TODAY
H.R. 1310 - EDUCATION FOR ECONOMIC SECURITY ACT
SUBJECT:
(CONTAINS EQUAL ACCESS)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
ELLIOTT
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
Please provide any comments/recommendations on the attached bill
and signing statement by c.o.b. today.
Thank you.
RESPONSE:
1984 AUG -9 PM 3: 15
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
$ UNITED STATES
OFFICE OF MANAGEMENT AND BUDGET 1226 AUG -3 TII 3: CI
WASHINGTON, D.C. 20503
AUG 9 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 1310 - Education for Economic
Security Act
Sponsor - Rep. Perkins (D) Kentucky and 27 others
Last Day for Action
August 15, 1984 - Wednesday
Purpose
(1) Requires "equal access" of religious, political, and other
groups to public high school facilities; (2) creates a variety of
new mathematics and science education programs, including
Presidential Awards for Teaching Excellence; (3) authorizes loans
and grants for asbestos abatement in schools; (4) authorizes
awards to schools for education excellence programs, and (5)
authorizes grants to establish and operate magnet schools in
districts undergoing desegregation.
Agency Recommendations
Office of Management and Budget
Approval (Signing
Statement attached)
Department of Education
Approval (Signing
Statement attached)
National Science Foundation
No objection
Office of Science and Technology Policy
No objection
Department of Justice
No objection
Environmental Protection Agency
Defers
Department of the Interior
Defers (Informally)
Department of the Treasury
Would concur in veto
recommendation
SUMMARY AND RECOMMENDATION
This bill presents a painful dilemma. It contains the "equal
access" legislation for student religious groups which you have
long sought and which is among the six pending legislative items
on which you called for House action during your press conference
on July 24.
2
However, the bill also authorizes new spending programs which
could increase your Budget request by up to $3.4 billion over
1984-89. Moreover, it restores a categorical education grant
program that we successfully consolidated into a block grant in
1981; authorizes two new categorical grant programs for local
schools; and transforms our modest proposal to provide $50
million per year for math and science block grants into a program
eight times larger ($400 million per year) and riddled with a
profusion of more than a dozen separate, yet overlapping
categorical programs, which will result in huge Federal
administrative burdens and unnecessary duplication of effort.
Absent the equal access provisions, this bill would clearly be an
unacceptable budget-buster.
The summary table below shows your Budget request for 1984-85 and
the amounts specifically authorized by H.R. 1310. For these two
years alone, the authorizations exceed our request by $1 billion
dollars. While the bill does not technically authorize these
programs for 1986-89, it is plainly evident that Congress intends
to continue them at least at the 1985 level. Once grants begin
flowing to thousands of school districts for the purposes
authorized by the bill - math and science education, asbestos
removal, excellence in education demonstration projects, and
special programs for desegregation ("magnet schools") -- there
simply will be no way to shut off the spigot.
3
COMPARISON OF PRESIDENT'S BUDGET REQUEST AND H.R. 1310
(In millions of dollars)
H.R. 1310
Authorization
Out-Year Extension
Program Comparison
1984
1985
1986
1987
1988
1989
Total
Math and Science (Department of Education)
H.R. 1310
350
400
400
400
400
400
2,350
President's Budget
50
50
50
50
50
50
300
Difference
+300
+350
+350
+350
+350
+350
+2,050
Math and Science (National Science Foundation)
H.R. 1310
75
139
139
139
139
139
770
President's Budget
75
76
79
83
86
89
488
Difference
0
+63
+60
+56
+53
+50
+282
Asbestos Removal Grants, Desegregation Aid,
"Excellence" Demonstrations, and Teaching Awards
H.R. 1310
141
142
192
192
192
192
1,051
President's Budget
0
0
0
0
0
0
0
Difference
+141
+142
+192
+192
+192
+192
+1,051
Total Authorizations:
H.R. 1310
566
681
731
731
731
731
4,171
President's Budget
125
126
129
133
136
139
788
Difference
+441
+555
+602
+598
+595
+592
+3,383
4
Fortunately, an authorization bill does not automatically result
in spending, since specific funding levels must still be approved
in the appropriations process each year. Thus, we retain some
opportunity to hold funding to levels below the excessive amounts
authorized in H.R. 1310. Given the popularity of the bill's
purposes, however, this will be a most difficult, uphill
struggle. Already the Senate has added $50 million for the
asbestos abatement program to the 1984 Supplemental
Appropriations bill currently pending in the Congress.
Given the "equal access" provisions and the fact that we started
the idea of a Federal math and science program, there is
apparently no choice except to sign the bill. However, since
this bill got totally out of control in the congressional
process, I urge that you sign it without a ceremony. I also
believe we should make clear in a signing statement that we do
not feel compelled to request funding at the excessive levels
authorized by H.R. 1310.
Discussion
In response to reports of serious widespread problems in
mathematics and science education in the United States, your 1984
Budget proposed a 4-year Education Department block grant program
that was to begin in fiscal year 1984, funded at an annual level
of $50 million, to assist States in training additional math and
science teachers. An additional $39 million for 1984 was
proposed for National Science Foundation (NSF) programs to
improve the quality of existing math and science teachers and
instructional materials. The 1985 Budget continued support for
these proposals at $50 million for Education and $76 million for
NSF.
As originally passed by the House in March 1983 (348-54),
however, H.R. 1310 authorized a series of complex and costly
multiple categorical approaches for improving the training and
increasing the supply of math and science teachers and otherwise
enhancing the quality of math and science education.
On June 27, 1984, the Senate passed similar legislation by voice
vote, with a number of objectionable provisions added as floor
amendments. In addition to the expanded math and science
programs, the Senate bill included compromise language providing
for financial assistance to magnet schools in districts
undergoing desegregation (vote of 86-3); this program was
intended to replace the Emergency School Aid Act desegregation
assistance program, which had been repealed in 1981. The Senate
also added to the bill a costly and inappropriate program of
Federal financial assistance by the Environmental Protection
Agency for local school asbestos abatement and an unnecessary
program of awards by the Department of Education to schools for
projects promoting excellence in education.
5
At the same time, the Senate adopted compromise "equal access"
language as an amendment to the bill, requiring public high
schools to permit voluntary meetings of students for religious
and other purposes during noninstructional periods (vote of
88-11).
On July 25, the day after your press conference calling for
prompt congressional action on "equal access" legislation, the
House passed the Senate version of that legislation, 337-77. The
House then adopted the entire Senate bill, 393-15.
Apart from "equal access," which the Administration strongly
supported, there is much that is troublesome in this legislation
programmatically, as well as in terms of potential budget cost,
as explained further below and in the enclosed agency views
letters.
Major Provisions of H.R. 1310
Title I - National Science Foundation (NSF) Mathematics and
Science Programs - authorizes $45 million for 1984 and $79
million for 1985 for (1) grants for math and science teacher
training institutes; (2) grants for develoing and disseminating
instructional materials and programs for training teachers in
math, science, and computer learning; (3) awards of congressional
merit scholarships of $5,000 per year for up to four years for
outstanding undergraduate students preparing for teaching careers
in math, science, or engineering; (4) discretionary awards by the
NSF Director, including funding of faculty exchanges with
minority institutions and nationally significant programs
promoting improved math, science, and engineering instruction;
and (5) NSF's existing graduate fellowship program.
Title II - Education for Economic Security - authorizes $350
million for 1984 and $400 million for 1985 for Department of
Education formula grants to States (90% of the amount
appropriated) and discretionary grants (10% of appropriation) for
teacher training in math, science, computer learning, and foreign
languages, and for related purposes. Of each State's allotment,
70% would have to be for elementary and secondary education
programs and 30% for higher education programs. Various
requirements are set forth to govern the allocation,
distribution, and use of the grant funds. The Secretary would
have to use 25% of his discretionary fund for improving
instruction in critical foreign languages.
In its enclosed views letter, Education points out that the
enrolled bill authorizes a profusion of separate, yet overlapping
categorical programs, which will result in administrative burdens
and unnecessary duplication of effort. Moreover, the very
prescriptive provisions governing the grant funds deny State and
local governments necessary flexibility and decisionmaking
authority to address local educational needs.
6
Title III - NSF Programs for Partnerships in Education for
Mathematics, Science, and Engineering - authorizes $30 million
for 1984 and $60 million for 1985 for competitive grants to
institutions of higher education and local educational agencies
(LEAs) for joint projects involving schools and businesses or
other private sector organizations for teacher training,
scholarships, faculty exchange programs, research, instructional
equipment, and related efforts in the fields of math, science,
computer science, and engineering. The Federal share of each
grant would be 50%; this would have to be matched by 30% paid by
business and 20% by the State, institution of higher education,
LEA, or other participating parties.
NSF advises that it opposes many of the provisions of the bill
affecting the agency (Titles I and III), including the
unnecessary prescription and regulation of its traditional
functions of support for science and engineering education and
the provision for State veto in the approval of applications
under Title III. NSF also points out that many of the programs
authorized by the bill duplicate current agency activities.
Title IV - Presidential Awards for Teaching Excellence in
Mathematics and Science - authorizes $1 million for 1985 for the
President to make 100 awards annually to outstanding elementary
and secondary school teachers of mathematics and science, at
least two from each State. Selection procedures are to be
established after consultation with the Secretary of Education,
the Director of NSF, and other appropriate Federal officials.
Title V - Asbestos School Hazard Abatement Act of 1984 --
authorizes $50 million for each of 1984 and 1985 and $100 million
for each of the five succeeding fiscal years for the
Environmental Protection Agency (EPA) to provide interest-free
20-year loans or matching grants to school districts to abate
hazardous asbestos in schools. Assistance would be provided on
the basis of priority lists prepared by Governors, taking into
account the magnitude of the hazard and the financial need of the
school district. The Attorney General would be authorized to sue
on behalf of recipients of EPA funds any person he determines to
be liable for the costs of the abatement program; amounts
recovered would be used to repay the United States.
This asbestos program would replace a similar expiring program
authorized for the Department of Education in 1980, for which
funds had never been requested or appropriated. In its views
letter, EPA questions the appropriateness of a Federal program
for local school asbestos abatement, noting that its only
apparent basis appears to be that many States or localities have
themselves not acted against asbestos. EPA believes such a
program might cause States to delay action and await Federal
grants, and expresses concern that it might set a precedent for
numerous other programs.
7
Justice notes that the provision for suits against liable parties
is SO vague that litigation is likely to be complex and
protracted. Treasury strongly opposes the failure to charge
interest on loans made under the program as providing substantial
hidden subsidies to beneficiaries without review in the annual
budget process and resulting in inequities among borrowers.
Treasury also notes that the proposed loan program does not
conform to Federal credit policy.
Title VI - Excellence in Education Act -- authorizes $16 million
for each of 1984 and 1985, most of which is for the Secretary of
Education to make competitive awards to 500 local schools
annually of up to $25,000 in one year and not more than a total
of $40,000 over two years, for demonstration projects designed to
achieve excellence in education. In selecting the schools,
priority is to be given to proposals to modernize curricula and
improve competency in basic skills; eliminate excessive electives
and increase graduation requirements in basic subjects; improve
attendance, discipline, and motivation; increase learning time;
provide incentives to teachers; and develop models of school
community relationships.
Title VII - Magnet Schools Assistance -- authorizes $75 million
for each of 1984, 1985, and 1986 for the Department of Education
to make grants to eligible local school districts for use in
magnet schools which are part of an approved desegregation plan.
The grants could be used for academic and vocational instruction;
purchase of books, materials, and equipment; and teacher
compensation. Grants could not be used for consultants,
transportation, activities not augmenting academic improvement,
or secular humanism courses.
To be eligible to receive funds, a school district would have to
meet one of the following criteria:
-- has received $1 million less in the first fiscal year
after, and as a result of, the repeal of the Emergency
School Aid Act, or
- is implementing a court-ordered desegregation plan, or
-- is voluntarily implementing a desegregation plan approved
by the Secretary of Education in accordance with title VI
of the Civil Rights Act of 1964, or will adopt and
implement such plan if given financial assistance.
As noted earlier, this Title of the enrolled bill would, in part,
reverse the decision made three years ago to terminate the
Emergency School Aid Act (ESAA) and consolidate it into the block
grant enacted as Chapter 2 of the Education Consolidation and
Improvement Act in 1981. Education objects strongly to this
Title, noting that although some school districts that received
funds under the ESAA have faced difficulties in the shift to the
8
block grant, the Chapter 1 compensatory education program,
supplemented by Chapter 2 activities, is a more appropriate means
of addressing these problems than re-establishing Federal
categorical funding for desegregation activities.
Title VIII - The Equal Access Act -- makes it unlawful for a
public secondary school receiving Federal funds to deny use of
its buildings for meetings before and after school to student
groups on the basis of the religious, political, philosophical,
or other content of the speech at such meetings, if such access
is granted to other extracurricular student groups.
Among other things, the bill requires that the meetings be
voluntary and studentinitiated, not be sponsored by the school or
the government, attended by school or government personnel only
as nonparticipants, and not interfere with the orderly conduct of
educational activities at the school. Persons outside the school
would not be allowed to conduct meetings or regularly attend
them.
The bill specifies that nothing in the Equal Access Act shall be
construed to authorize the United States to deny or withhold
Federal financial assistance to any school.
Education strongly supports these provisions, stating that they
represent a carefully constructed and constitutionally
appropriate balance between students' free speech rights, the
prohibition against government support of religious activities,
and the need for an orderly environment in our public schools.
Justice's enrolled bill views letter discusses the constitutional
issue raised by the Equal Access Act -- whether it violates the
Establishment Clause of the First Amendment -- and concludes that
it believes the Court will find the Act constitutional. Justice
does, however, raise certain questions about the Act. Justice
points out that it provides no explicit enforcement mechanism.
The only method of enforcement therefore may be suit by private
parties, which raises procedural problems as well as the
potential for a wide array of costly and troublesome citizen
suits against local school boards. Justice suggests that the
Administration may wish to sponsor legislation clarifying the
enforcement mechanism.
Justice also raises the issue brought up by various members of
Congress that the Equal Access Act may be construed to preclude
restrictions on divisive groups such as the Ku Klux Klan, Nazis,
proponents of prostitution, or others. Justice states that the
Act "does seem intended to preclude discrimination of any sort
based upon the content of speech" and suggests that "policy
officials may wish to consider whether legislative requirements
to deal with such issues are appropriate for discussion.
9
Agency Recommendations
Education recommends approval of H.R. 1310 because of the
imperative need to enhance the quality of science and mathematics
instruction, coupled with the compelling need to clarify and
protect the right of public school students to free speech,
including religious speech. The Department believes these
strengths of the bill outweigh its many serious weaknesses.
Education has drafted a signing statement for your consideration.
NSF does not object to your approval of the bill despite its
opposition to many provisions. NSF has suggested some changes in
the Education draft signing statement, which are contained in an
attachment to its letter.
Justice also does not object to approval, but expresses concerns
about the asbestos abatement program and raises questions about
the equal access provisions, described above.
EPA is concerned about the serious budget and precedential
implications of the school asbestos abatement program, but defers
to other agencies because of the other significant provisions of
the enrolled bill.
Treasury states that it would concur in a recommendation to veto
H.R. 1310 because of the loan provisions of the asbestos
abatement program.
*
As indicated above, I recommend against a signing ceremony for
H.R. 1310 in view of the bill's many serious flaws and its
potential for large budget over-runs. I have attached an edited
version of the Education Department's draft signing statement to
this memorandum for your consideration.
David A. Stockman
Director
Enclosures
STATEMENT BY THE PRESIDENT
I have signed H.R. 1310, a bill entitled the "Education for
Economic Security Act. "
This bill responds to two deeply felt concerns of this
Administration: first, the need to improve the quality of
science and mathematics education in our country, and second, the
need to restore freedom of religious speech for students
attending public schools.
Science, mathematics, and technology have special importance
in this country. Advancements in these fields are at the bedrock
of our success as a Nation. Our economic and military strength,
as well as our health and well-being, depend to a great extent on
continuing developments in these areas. If we are to maintain
our strength and independence, we cannot afford to allow our
skills in these fields to diminish. Yet the disturbing fact is
that the quality of science and mathematics education in our
Nation is, in fact, declining, due in large part to a growing
shortage of qualified science and mathematics teachers.
This Administration proposed legislation that focused upon
the shortage of teachers by authorizing scholarships for science
and mathematics teachers in grades nine through twelve. The
Administration has also already established a program of
Presidential Awards for Excellence in Science and Mathematics
Teaching similar to the one in H.R. 1310. I am very pleased to
see that this bill emphasizes the critical importance of teacher
2
training in improving the quality of science and mathematics
education in activities authorized for the Department of
Education and in endorsing the excellent ongoing science,
mathematics, and engineering programs of the National Science
Foundation.
I am also very pleased to approve the "equal access"
provisions of the bill. It has been the consistent policy of
this Administration to support the right of students in public
secondary schools to meet voluntarily for religious purposes in
school facilities during noninstructional periods, a right which
this bill recognizes. I believe the equal access provisions of
this bill represent an appropriate balance among the free speech
rights of students in public secondary schools, the prohibition
against government support of religion, and the need to maintain
in our public schools an orderly environment which is conducive
to learning. These provisions honor, in a public school setting,
this country's heritage of freedom of thought and speech, and I
am delighted that they now become the law of the land.
H.R. 1310 is far from a perfect bill. It has a number of
serious weaknesses: it is too expensive; it authorizes too many
complex and administratively burdensome programs; it duplicates
some existing activities; it authorizes unnecessary or
inappropriate programs that are unrelated to improving science
and mathematics instruction in our country; it may result in
complex and protracted court actions based on vague and undefined
standards; and it denies State and local governments the broad
3
flexibility and decisionmaking authority they need to address
local educational needs in the most effective manner.
I want to make clear that my approval of H.R. 1310 does not
indicate endorsement of the objectionable provisions of the bill.
Nor will I feel compelled to request funding at the excessive
levels authorized by H.R. 1310. I believe, however, that the
need to enhance the quality of science and mathematics
instruction and to protect the rights of public school students
to free speech, including religious speech, tips the balance in
favor of approval.
H.R.1310
Rinety-eighth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-third day of January,
one thousand nine hundred and eighty-four
An Act
To provide assistance to improve elementary, secondary, and postsecondary education
in mathematics and science: to provide a national policy for engineering. technical,
and scientific personnel; to provide cost sharing by the private sector in training
such personnel; to encourage creation of new engineering, technical. and scientific
jobs; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Education for Economic Security Act".
STATEMENT OF PURPOSE
SEC. 2. It is the purpose of this Act to improve the quality of
mathematics and science teaching and instruction in the United
States.
DEFINITIONS
SEC. 3. For the purpose of this Act-
(1) The term "area vocational education school" has the same
meaning given that term under section 195(2) of the Vocational
Education Act of 1965.
(2) The term "Director" means the Director of the National
Science Foundation.
(3) The term "elementary school" has the same meaning
given that term under section 198(a)(7) of the Elementary and
Secondary Education Act of 1965.
(4) The term "Governor" means the chief executive of a State.
(5) The term "Foundation" means the National Science
Foundation.
(6) The term "institution of higher education" has the same
meaning given that term by section 1201(a) of the Higher
Education Act of 1965.
(7) The term "local educational agency" has the same mean-
ing given that term under section 198(a)(10) of the Elementary
and Secondary Education Act of 1965.
(8) The term "secondary school" has the same meaning given
that term under section 198(a)(7) of the Elementary and Second-
ary Education Act of 1965.
(9) The term "Secretary" means the Secretary of Education.
(10) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Trust Territory of the
Pacific Islands, and the Northern Mariana Islands.
(11) The term "State agency for higher education" means the
State board of higher education or other agency or officer
primarily responsible for the State supervision of higher educa-
tion, or, if there is no such officer or agency, an officer or agency
designated for the purpose of this title by the Governor or by
State law.
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(12) The term "State educational agency" has the meaning
given that term under section 198(a)(17) of the Elementary and
Secondary Education Act of 1965.
TITLE I-NATIONAL SCIENCE FOUNDATION MATHEMATICS
AND SCIENCE PROGRAMS
PART A-TEACHER INSTITUTES
GRANTS FOR TEACHER INSTITUTES AUTHORIZED
SEC. 101. The Foundation is authorized, in accordance with the
provisions of this part, to make grants to State and local educational
agencies and institutions of higher education, applying jointly, for
the establishment and operation of teacher institutes for the en-
hancement of the subject matter skills of public and private elemen-
tary and secondary school teachers of mathematics and physical and
life sciences.
APPLICATIONS
SEC. 102. (a) Each local educational agency and institution of
higher education, and each State educational agency and institution
of higher education desiring to receive a grant under this part shall
submit a joint application at such time, in such manner, and
containing or accompanied by such information as the Director may
require. One or more local educational agencies may apply jointly
with one or more institutions of higher education under the provi-
sions of this section. A State educational agency may apply jointly
with one or more institutions of higher education.
(b) Each such application shall-
(1) describe the establishment and operation of a teacher
institute for elementary and secondary school teachers of math-
ematics and physical and life sciences, including-
(A) the designation of the institute as a full-time summer
or part-time school year, or both;
(B) a description of the courses of study to be offered at
the institute;
(C) an estimate of the number of teachers, including the
number of teachers from private elementary and secondary
schools, to attend the institute and describe the selection
procedures;
(D) the nature and location of existing facilities to be used
in the operation of the institute;
(E) the teaching and administrative staff for the institute;
(F) the academic credits, if any, to be awarded for the
completion of the courses of study to be offered at the
institute; and
(G) a schedule of stipends to be paid teacher participants
in the institute, including (i) allowances for subsistence and
other expenses for teachers attending the institute and
their dependents and (ii) provisions assuring that there will
be no duplication of Federal benefits paid to participants;
(2) provide assurances that the design and operation of the
institute will involve the participation of both the subject
matter departments or divisions of each institution of higher
education making application as well as the teacher education
department or division, if any, of each such institution;
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(3) provide for prior and continuing consultation with the
State educational agency in the formulation and operation of
the institute; and
(4) provide such additional assurances as the Director deems
essential to assure compliance with the requirements of this
part.
DISTRIBUTION OF ASSISTANCE
SEC. 113. (a) In approving applications under this part, the Direc-
tor shall assure that there is an equitable distribution of institutes
established and operated under approved applications among States
and within States. The Director shall award not less than one
institute in each State, except that the Director may waive the
requirements of this sentence if there is no proposal from a State
that meets the requirements of this part.
(b) No grant to a single applicant may exceed $200,000 in any
fiscal year.
COOPERATION WITH BUSINESS CONCERNS
SEC. 114. Institutes assisted under this part may, to the extent
possible, involve the cooperation of advanced technology business
concerns and other business concerns which are able to supply
assistance in the teaching of mathematics and science.
SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED
POPULATIONS
SEC. 115. In providing financial assistance under this part the
Foundation shall make every effort to ensure that consideration is
given to applications which contain provisions designed to meet the
needs of underrepresented and underserved populations.
PART B-MATHEMATICS AND SCIENCE EDUCATION DEVELOPMENT
PROGRAMS
PROGRAM AUTHORIZED
SEC. 121. The Foundation is authorized, in accordance with the
provisions of this part, to enter into agreements with institutions of
higher education or local educational agencies for-
(1) developing and disseminating programs and materials for
training, retraining, and inservice training for elementary and
secondary school teachers in the fields of mathematics, science,
including physical and life sciences, computer learning; and
(2) the research, development, and dissemination of instruc-
tional programs and materials for courses of study in elemen-
tary and secondary schools in the fields of mathematics, science,
including physical and life sciences, and computer learning.
APPLICATIONS
SEC. 122. (a) No grant may be made under this part unless an
eligible applicant, at such time, in such manner, and containing or
accompanied by such information as the Director may reasonably
require. Each application shall contain assurances-
(1) that (A) in the case of an institution of higher education,
the institution will enter into a cooperative agreement with one
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or more local educational agencies, (B) in the case of a State or
local educational agency, the agency will enter into a coopera-
tive agreement with one or more institutions of higher educa-
tion in the case of a profession of a society or association
described in subsection (b)(3) the association or society will enter
into a cooperative agreement with one or more local educational
agencies and one or more institutions of higher education, for
the purpose of furnishing the activities authorized by this part;
(2) that the planning and implementation of the cooperative
agreement will involve the participation of both the subject
matter departments or divisions of each institution of higher
education as well as the teacher education department or divi-
sion, if any, of each such institution; and
(3) that the applicant has consulted with, as appropriate, the
State agency for higher education or the State educational
agency in the development of the program for which assistance
is sought, and will assure appropriate participation of such
agencies in the program.
(b) For the purpose of this part an eligible applicant means-
(1) an institution of higher education,
(2) a State or local educational agency, and
(3) a professional society or association, in the fields of mathe-
matics, physical or biological sciences, or engineering.
SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED
POPULATIONS
SEC. 123. In providing financial assistance under this part, the
Foundation shall make every effort to ensure that consideration is
given to applications which provide for the development and im-
provement of instructional programs and materials designed to
meet the needs of underrepresented and underserved populations.
PART C-CONGRESSIONAL MERIT SCHOLARSHIPS
SHORT TITLE
SEC. 131. This part may be cited as the "Congressional Merit
Scholarships in Mathematics, Science, and Engineering Education".
MERIT SCHOLARSHIPS ESTABLISHED
SEC. 132. (a) The Foundation is authorized, in accordance with the
provisions of this part, to award scholarships to individuals who are
enrolled in institutions of higher education and who demonstrate
outstanding potential for, and who plan to pursue, a career in
teaching in the fields of mathematics, science, and engineering.
(b) Scholarships under this part shall be awarded for such period
as the Foundation may prescribe, but for not to exceed four aca-
demic years.
(c)(1) A student awarded a scholarship under this part may attend
any institution of higher education offering courses of study de-
signed to prepare them for teaching careers. Such awards shall be
available for periods of study commencing not sooner than the third
undergraduate year.
(2) In order to be eligible for a scholarship under this part, each
individual shall-
H.R. 1310-5
(A) concentrate, at the undergraduate level, in mathematics
or science, and indicate a serious intent to teach at the elemen-
tary school level; or
(B) concentrate, at the undergraduate level, in mathematics
or science, and indicate a serious intent to teach mathematics or
science at the secondary school level; or
(C) concentrate, at the undergraduate level, in engineering
and indicate a serious intent to teach at the postsecondary level,
in an engineering discipline in which the Foundation has deter-
mined a shortage of qualified teachers.
(d) Not to exceed 25 per centum of the scholarships available
under this part shall be available for students meeting the criteria
of subsection (c)(2)(C).
SELECTION OF MERIT SCHOLARS
SEC. 133. (a) The Foundation shall establish criteria for the selec-
tion of merit scholars under this part.
(b) The Foundation shall adopt selection procedures which are
designed to assure that-
(1) the number of individuals to be selected will not exceed the
product of the number of Members of Congress for each State,
multiplied by two, and that the individuals will be selected from
among the residents of each State (and in the case of the
District of Golumbia and the Commonwealth of Puerto Rico, not
to exceed ten individuals will be selected); and
(2) each recipient of a merit scholarship will enter into an
agreement with the Foundation under which the recipient will
agree-
(A) to comply with provisions of paragraph (2) of section
142(c) relating to concentration of study; and
(B) to pursue a career in teaching, as prescribed in section
142(c) for not less than two years for each academic year in
which a merit scholarship award is received.
STIPENDS AND SCHOLARSHIP CONDITIONS
SEC. 134. (a) Each student awarded a merit scholarship under this
part shall receive an award of $5,000 for each academic year of
study.
(b) Each student awarded a merit scholarship under the provisions
of this part shall continue to receive payments provided under this
part for such scholarship only during such period as the Foundation
determines that the student is maintaining satisfactory progress in,
and devoting full time to, the course of study for which the scholar-
ship is awarded.
(c) The Foundation is authorized to require reports containing
such information in such form and to be filed at such time as the
Foundation determines to be necessary from any student awarded a
merit scholarship under the provisions of this part. Such reports
shall be accompanied by a certificate from any appropriate official
of the institution of higher education, approved by the Foundation,
stating that such student is making satisfactory progress in, and is
devoting essentially full time to, the study described in subsection
(b).
H.R. 1310-6
PART D-DISCRETIONARY FUNDS OF THE DIRECTOR
AUTHORIZATION
SEC. 141. (a) From funds available for this part, the Director is
authorized to make grants to and to enter into contracts with any
public agency or any private organization to carry out any activity
authorized by this title. In addition, from such funds, the Director is
authorized, directly or by way of grant or contract, to conduct-
(1) a faculty exchange program between institutions of higher
education (particularly institutions having established and na-
tionally recognized research facilities) and eligible institutions;
and
(2) programs of national significance promoting the improve-
ment of instruction in the fields of mathematics, science, and
engineering.
In carrying out the provisions of this part, the Director shall give
special consideration to programs and activities for women in sci-
ence and minorities in science which have been assisted by the
Foundation prior to the date of enactment of this Act.
(b) For the purpose of this section the term "eligible institution"
means an institution of higher education in any State which-
(1)(A) has an enrollment which includes a substantial percent-
age of students who are members of a minority group or who
are economically or educationally disadvantaged; or
(B) is located in a community that is not within commuting
distance of a major institution of higher education; and
(2) demonstrates a commitment to meet the special educa-
tional needs of students who are members of a minority group
or are economically or educationally disadvantaged.
PART E-GENERAL PROVISIONS
ADMINISTRATIVE PROVISIONS
SEC. 161. (a) In order to carry out the provisions of this title, the
Foundation is authorized to-
(1) appoint and fix the compensation of such personnel as may
be necessary to carry out the provisions of this title, except that
in no case shall employees be compensated at a rate to exceed
the rate provided for employees in grade GS-18 of the General
Schedule set forth in section 5332 of title 5, United States Code;
(2) procure temporary and intermittent services of experts
and consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code, but at rates not to
exceed the rate specified at the time of such service for grade
GS-18 of section 5332 of such title;
(3) prescribe such regulations as it deems necessary governing
the manner in which its functions shall be carried out;
(4) receive money and other property donated, bequeathed, or
devised, without condition or restriction other than it be used
for the purposes of this Act; and to use, sell, or otherwise dispose
of such property for the purpose of carrying out the functions of
the Foundation under this Act;
(5) accept and utilize the services of voluntary and noncom-
pensated personnel and reimburse them for travel expenses,
H.R. 1310-7
including per diem, as authorized by section 5703 of title 5,
United States Code;
(6) enter into contracts, grants, or other arrangements, or
modifications thereof, to carry out the provisions of this title,
and such contracts or modifications thereof may, with the
concurrence of two-thirds of the members of the National Sci-
ence Board, be entered into without performance or other
bonds, and without regard to section 3709 of the Revised Stat-
utes, as amended (41 U.S.C. 5);
(7) make advances, progress, and other payments which the
Board deems necessary under this title without regard to the
provisions of section 3324 of title 31, United States Code; and
(8) make other necessary expenditures.
(b) The Foundation shall submit to the President and to the
Congress an annual report of its operations under this title.
PARTICIPATION OF TEACHERS FROM PRIVATE SCHOOLS
SEC. 162. The Foundation shall, after consultation with appropri-
ate private school representatives, make provision for the benefit of
teachers in private elementary and secondary schools in the pro-
grams authorized by this title, in order to assure equitable participa-
tion of such teachers.
PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION
SEC. 163. The provisions of section 432 of the General Education
Provisions Act, relating to prohibition against Federal control of
education, shall apply to each program authorized by this title.
AUTHORIZATION OF APPROPRIATIONS
SEC. 164. (a) There are authorized to be appropriated $20,000,000
for each of the fiscal years 1984 and 1985 to carry out the provisions
of part A of this title.
(b) There are authorized to be appropriated $20,000,000 for the
fiscal year 1985 to carry out the provisions of part B of this title.
(c) There are authorized to be appropriated $5,000,000 for the
fiscal year 1984 and $15,000,000 for the fiscal year 1985 to carry out
the provisions of part C of this title.
(d) There are authorized to be appropriated $3,000,000 for the
fiscal year 1985 to carry out the provisions of part D of this title.
(e) There are authorized to be appropriated to the Foundation
$20,000,000 for the fiscal year 1984 and $21,000,000 for the fiscal
year 1985 to carry out the graduate fellowship program under the
National Science Foundation Act of 1950.
TITLE II-EDUCATION FOR ECONOMIC SECURITY
STATEMENT OF PURPOSE
SEC. 201. It is the purpose of this title to make financial assistance
available to State and local educational agencies, and to institutions
of higher education, to improve the skills of teachers and instruction
in mathematics, science, computer learning, and foreign languages,
and to increase the access of all students to such instruction, and
thereby contribute to strengthening the economic security of the
United States.
H.R. 1310-8
DEFINITION
SEC. 202. As used in this title, the term "junior or community
college" means an institution of higher education-
(1) that admits as regular students individuals who are
beyond the age of compulsory school attendance in the State in
which the institution is located and who have the ability to
benefit from the training offered by the institution;
(2) that does not provide an educational program for which it
awards a bachelor's degree (or an equivalent degree); and
(3) that-
(A) provides an educational program of not less than two
years that is acceptable for full credit toward such a degree,
or
(B) offers a two-year program designed to prepare a stu-
dent to work as a technician or at the semiprofessional level
in engineering, scientific, or other technological fields re-
quiring the understanding and application of basic engi-
neering, scientific, or mathematical principles of
knowledge.
PROGRAM AUTHORIZED
SEC. 203. (a) The Secretary is authorized to make grants to States
and to make discretionary grants, in accordance with the provisions
of this title, for strengthening the skills of teachers and instruction
in mathematics, science, computer learning, and foreign languages.
(b) There are authorized to be appropriated $350,000,000 for the
fiscal year 1984, and $400,000,000 for the fiscal year 1985 to carry
out the provisions of this title.
ALLOTMENT TO STATES
SEC. 204. (a)(1) From 90 per centum of the amount appropriated to
carry out this title for each fiscal year, the Secretary shall allot to
each State an amount which bears the same ratio to such 90 per
centum as the number of children aged five to seventeen, inclusive,
in the State bears to the number of such children in all States,
except that no State shall receive less than one-half of 1 per centum
of the amount available under this subsection in any fiscal year.
(2) The Secretary shall reserve the remaining 10 per centum to
carry out section 212, relating to discretionary grants of national
significance.
(3) For the purpose of this subsection, the term "State" does not
include Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, or the Trust Territory of the Pacific Islands.
(4) The number of children aged five to seventeen, inclusive, in the
State and in all States shall be determined by the Secretary on the
basis of the most recent satisfactory data available to him.
(b) The amount of any State's allotment under subsection (a) for
any fiscal year to carry out this title which the Secretary determines
will not be required for that fiscal year to carry out this title shall be
available for reallotment from time to time, on such dates during
that year as the Secretary may fix, to other States in proportion to
the original allotments to those States under subsection (a) for that
year but with such proportionate amount for any of those other
States being reduced to the extent it exceeds the sum the Secretary
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estimates that State needs and will be able to use for that year; and
the total of those reductions shall be similarly reallotted among the
States whose proportionate amounts were not SO reduced. Any
amounts reallotted to a State under this subsection during a year
shall be deemed a part of its allotment under subsection (a) for that
year.
(c) There are authorized to be appropriated for each fiscal year for
the purpose of this subsection amounts equal to not more than 1 per
centum of the amount appropriated for such year under this title.
The Secretary shall allot the amount appropriated pursuant to this
subsection among Guam, American Samoa, the Virgin Islands, the
Northern Mariana Islands, or the Trust Territory of the Pacific
Islands according to their respective needs for assistance under this
title. In addition for each fiscal year the Secretary shall allot from
not less than one-half of such amount, to such agency as the
Secretary deems appropriate, for programs authorized by this title
for children in elementary and secondary schools operated for
Indian children by the Department of the Interior. The terms upon
which payments are made under the previous sentence shall be
determined by such criteria as the Secretary determines will best
carry out the purpose of this title.
IN-STATE APPORTIONMENT
SEC. 205. (a) For each of the fiscal years 1984 and 1985, 70 per
centum of each State's allotment under section 204 of this title shall
be used for elementary and secondary education programs in accord-
ance with section 206.
(b) For each of the fiscal years 1984 and 1985, 30 per centum of
each State's allotment under section 204 of this title shall be used
for higher education programs in accordance with section 207.
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS
SEC. 206. (a) The amount apportioned under section 205(a) from
each State's allotment under this title shall be used by the State
educational agency to strengthen elementary and secondary educa-
tion programs in accordance with the provisions of this section.
(b)(1) Not less than 70 per centum of the amount available under
this section shall be distributed to local educational agencies within
the State. Each local educational agency shall use funds distributed
under this paragraph for-
(A) the expansion and improvement of inservice training and
retraining of teachers and other appropriate school personnel in
the fields of mathematics and science, including vocational
education teachers who use mathematics and science in the
courses of study the teachers teach; or
(B) if the local educational agency determines that the agency
has met its need for such training and retraining and subject to
the provisions of section 210(c), computer learning and instruc-
tion, foreign language instruction, and instructional materials
and equipment related to mathematics and science instruction.
Such training and instruction may be carried out through agree-
ments with public agencies, private industry, institutions of higher
education, and nonprofit private organizations, including museums,
libraries, educational television stations, professional science, math-
ematics and engineering associations, and other appropriate institu-
H.R. 1310-10
tions. A local educational agency may carry out the activities au-
thorized by this paragraph with one or more other local educational
agencies within the State, or with the State educational agency, or
both. Each local educational agency shall assure that programs of
inservice training and retraining will take into account the need for
greater access to and participation in mathematics, science, and
computer learning programs and careers of students from histori-
cally underrepresented groups, including females, minorities, indi-
viduals with limited-English proficiency, the handicapped, and
migrants.
(2)(A) The State educational agency shall distribute 50 per centum
of the funds available under this subsection to local educational
agencies within the State according to the relative number of chil-
dren enrolled in public and nonpublic schools within the school
districts of such agencies.
(B) The State educational agency shall distribute 50 per centum of
the funds available under this subsection based on the relative
number of children aged five to seventeen who-
(i) are from families below the poverty level as determined
under section 111(c)(2)(A) of the Elementary and Secondary
Education Act of 1965; and
(ii) are from families above the poverty level as determined
under section 111(c)(2)(B) of the Elementary and Secondary
Education Act of 1965;
in the public schools of the local educational agencies within the
State.
(3) The State educational agency shall renew payments to local
educational agencies under this subsection based upon the criteria
set forth in paragraph (2) of this subsection and a determination by
the State educational agency that the local educational agency is
implementing the program assisted under this title SO that a sub-
stantial number of teachers in the public and private schools in the
school district of such agency are served and several grade levels of
instruction in such schools are involved in the program.
(c)(1) If a local educational agency is spending funds under subsec-
tion (b)(1)(B), not to exceed 30 per centum of the funds available to
the local educational agency under subsection (b) may be used for
the purchase of computer and computer-related instructional
equipment.
(2) If a local educational agency is spending funds under subsec-
tion (b)(1)(B), not to exceed 15 per centum of the funds available to
the local educational agency under subsection (b) may be used to
strengthen instruction in foreign languages.
(d) Not less than 20 per centum of the amount available under this
section shall be used by the State educational agency for demonstra-
tion and exemplary programs for-
(1) teacher training and retraining and inservice upgrading of
teacher skills in the fields of mathematics and science, foreign
language instruction, and computer learning,
(2) instructional equipment and materials in such fields and
necessary technical assistance,
(3) special projects for historically underrepresented and un-
derserved populations and for gifted and talented students, and
(4) the dissemination of information to all local educational
agencies within the State relating to the exemplary programs in
the fields of mathematics, science, foreign languages, and com-
puter learning.
H.R. 1310-11
In providing financial assistance for such demonstration and exem-
plary programs, the State educational agency shall reserve not less
than 20 per centum of the amount available under this subsection
for special projects in mathematics and science, foreign languages,
and computer education to historically underrepresented and under-
served populations of students, including females, minorities, handi-
capped individuals, individuals with limited-English proficiency, and
migrant students, and to programs for gifted and talented students.
The programs for gifted and talented students may include assist-
ance to magnet schools for such students.
(e) Not less than 5 per centum of the amount available under this
section may be used by the State educational agency to provide
technical assistance to local educational agencies, institutions of
higher education, and nonprofit organizations, including museums,
libraries, and educational television stations, in the conduct of
programs specified under subsection (b).
(f) Not to exceed 5 per centum of the amount available under this
section may be used by the State educational agency for-
(1) the State assessment required by section 208 of this title;
and
(2) the costs of administration and evaluation of the program
assisted under this title.
HIGHER EDUCATION PROGRAMS
SEC. 207. (a) The amount apportioned under section 205(b) from
each State's allotment under this title shall be used by the State
agency for higher education for higher education programs in ac-
cordance with the provisions of this section.
(b)(1)(A) Not less than 75 per centum of the amount available for
this section shall be used by the State agency for higher education
for grants to institutions of higher education in accordance with the
provisions of this subsection.
(B) The State agency for higher education shall make funds
available on a competitive basis to institutions of higher education
in the State which apply for payments under this section. The State
agency for higher education shall make every effort to ensure
equitable participation of private and public institutions of higher
education.
(2) The amount available under this subsection shall be used for-
(A) establishing traineeship programs for new teachers who
will specialize in teaching mathematics and science at the
secondary school level;
(B) retraining of secondary school teachers who specialize in
disciplines other than the teaching of mathematics and science
to specialize in the teaching of mathematics, science, or com-
puter learning, including provision of stipends for participation
in institutes authorized under title I; and
(C) inservice training for elementary, secondary, and voca-
tional school teachers and training for other appropriate school
personnel to improve their teaching skills in the fields of mathe-
matics and science, and computer learning, including stipends
for participation in institutes authorized under title I.
Each institution of higher education receiving a grant under this
subsection shall assure that programs of training, retraining, and
inservice training will take into account the need for greater access
to and participation in mathematics, science, and computer learning
H.R. 1310-12
and careers of students from historically underrepresented and
underserved groups, including females, minorities, individuals with
limited-English proficiency, the handicapped, migrants, and the
gifted and talented.
(3) No institution of higher education may receive assistance
under paragraphs (2) (B) and (C) of this subsection unless the
institution enters into an agreement with a local educational
agency, or consortium of such agencies, to provide inservice training
and retraining for the elementary and secondary school teachers in
the public and private schools of the school district of each such
agency.
(c)(1) Not less than 20 per centum of the amount available under
this section shall be used by the State agency for higher education
for cooperative programs among institutions of higher education,
local educational agencies, State educational agencies, private
industry, and private nonprofit organizations, including museums,
libraries, educational television stations, and professional mathe-
matics, science, and engineering societies and associations for the
development and dissemination of projects designed to improve
student understanding and performance in science, mathematics,
and critical foreign languages. In carrying out this subsection, the
State agency for higher education shall give special consideration to
programs involving consortial arrangements which include local
educational agencies.
(2) For the purpose of paragraph (1) of this subsection, critical
foreign languages include foreign languages designated by the Sec-
retary pursuant to section 211(d).
(d) Not to exceed 5 per centum of the amount available under this
section may be used by the State agency for higher education for-
(1) the State assessment required by section 208 of this title;
and
(2) the costs of administration and evaluation of the program
assisted under this title incurred by the State higher education
agency.
STATE ASSESSMENT OF MATHEMATICS, SCIENCE, FOREIGN LANGUAGES,
AND COMPUTER LEARNING
SEC. 208. (a) Each State which desires to receive grants under this
title shall prepare not later than nine months following the date for
which funds under this title become available, a preliminary assess-
ment of the status of mathematics, science, foreign language, and
computer learning within the State. Such preliminary assessment
shall be made available to all local educational agencies within the
State to assist the local educational agencies to carry out the
requirements of section 210. A final version of such assessment shall
be submitted to the Secretary not later than the end of the first year
for which funds under this title are made available. Each first
assessment shall be prepared after an examination of the local
assessments submitted under section 210. Each such assessment
shall include a description and a five-year projection of-
(1) the availability of qualified mathematics, science, foreign
language, and computer learning teachers at the secondary and
postsecondary education levels within the State;
(2) the qualifications of teachers in mathematics, science,
foreign languages, and computer learning at the secondary and
postsecondary education levels, and the qualifications of teach-
H.R. 1310-13
ers at the elementary level to teach mathematics, science,
foreign languages, and computer learning;
(3) the State standards for teacher certification, including any
special exceptions currently made, for teachers of mathematics,
science, foreign languages, and computer learning:
(4) the availability of adequate curricula, instructional mate-
rials and equipment, in mathematics, science, foreign lan-
guages, and computer learning; and
(5) the degree of access to instruction in mathematics, science,
foreign languages, and computer learning of historically under-
represented and underserved individuals and of the gifted and
talented.
(b) Each such assessment shall also describe the programs, initia-
tives, and resources committed or projected to be undertaken within
the State to-
(1) improve teacher recruitment and retention;
(2) improve teacher qualifications and skills in the fields of
mathematics, science, foreign languages, and computer and
computer learning;
(3) improve curricula in mathematics, science, foreign lan-
guages, and computer learning including instructional materi-
als and equipment; and
(4) improve access for historically underrepresented and un-
derserved populations, and for the gifted and talented, to
instruction in mathematics, science, foreign languages, and
computer learning.
(c)(1) Each State assessment shall be developed in consultation
with the Governor, the State legislature, State Board of Education,
local educational agencies within the State, and representatives of-
(A) vocational secondary schools and area vocational educa-
tion schools,
(B) public and private institutions of higher education,
(C) teacher organizations,
(D) private industry,
(E) other public organizations, including libraries, museums,
and educational television stations, and professional scientific
and mathematics associations, and
(F) private elementary and secondary schools,
within the State.
(2) Each State assessment shall be submitted jointly by the State
educational agency and the State agency for higher education.
STATE APPLICATION
SEC. 209. (a) Each State which desires to receive grants under this
title shall file an application with the Secretary at such time, in
such manner, and containing or accompanied by such information
as the Secretary may reasonably require.
(b) Each such application shall-
(1) designate the State educational agency for the purpose of
programs described in section 206, and the State agency for
higher education for programs described in section 207 as the
agency or agencies responsible for the administration and su-
pervision of the programs described in sections 207 and 208, as
the case may be;
(2) describe the programs for which assistance is sought under
the application;
1310-14
(3) provide assurances that payments will be distributed by
the State in accordance with the provisions of sections 207 and
208, as the case may be;
(4) provide procedures-
(A) for submitting applications by local educational agen-
cies, institutions of higher education, junior or community
colleges, and other organizations for programs described in
section 206 for distribution of payments under this title
within the State, and
(B) for approval of applications by the appropriate State
agency, including appropriate procedures to assure that the
appropriate State agency will not disapprove an application
without notice and opportunity for a hearing;
(5) provide assurances that-
(A) the State will prepare and submit the assessment
required under section 208;
(B) in the second year for which funds are available under
this title, the State will use funds for purposes consistent
with the findings of the State assessment under section 208;
(C) for programs described in section 206, the provisions
of sections 210 and 211 will be carried out; and
(D) to the extent feasible, evaluations of the program
assisted under this title will be performed;
(6) provide assurances that Federal funds made available
under this title for any fiscal year will be SO used as to supple-
ment, and to the extent practicable, to increase the level of
funds that would, in the absence of such funds, be available for
the purposes described in sections 207 and 208, and in no case
supplant such funds; and
(7) provide such fiscal control and accounting procedures as
may be necessary (A) to ensure proper accounting of Federal
funds paid to the applicant under this title, and (B) to ensure
the verification of the programs assisted under the application.
(c) The Secretary shall expeditiously approve any State plan that
meets the requirements of this section.
LOCAL EDUCATIONAL AGENCY ASSESSMENT
SEC. 210. (a) Each local educational agency which desires to
receive a payment from the State educational agency pursuant to
section 206 shall provide to the State educational agency an assess-
ment of the local educational agency's need for assistance in-
(1) teacher training, retraining, and inservice training and
the training of appropriate school personnel in the areas of
mathematics, science, foreign languages, and computer learn-
ing, including a description of the availability and qualifications
of teachers in the areas of mathematics, science, foreign lan-
guage, and computer learning, including the qualifications of
teachers at the elementary level to teach in such areas;
(2) improving instructional materials and equipment related
to mathematics and science education; and
(3) improving the access to instruction in mathemactics, sci-
ence, foreign languages, and computer learning of historically
underserved and underrepresented individuals and of the gifted
and talented, and an assessment of the current degree of access
to such instruction of such individuals.
H.R. 1310-15
(b) Such assessment shall also describe the types of services to be
provided pursuant to the program assisted under section 206, a
description of how the services assisted will meet the program needs
of the local educational agency, and in the second year for which
funds under this title are made available, a description of how the
services assisted will address unmet needs described under section
208.
(c) If a local educational agency determines, pursuant to section
206(b)(1), that the agency has met its teacher retraining and inserv-
ice training needs in mathematics and science and desires to expend
its funds on other activities prescribed in section 206(b)(1)(B), the
local educational agency may request the State educational agency
to waive such training requirements. If the State educational agency
determines that the local educational agency has met such teacher
training needs, the State educational agency shall grant the waiver.
PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS
SEC. 211. (a) To the extent consistent with the number of children
in the State or in the school district of each local educational agency
who are enrolled in private elementary and secondary schools, such
State or agency shall, after consultation with appropriate private
school representatives, make provision for including services and
arrangements for the benefit of such children as will assure the
equitable participation of such children in the purposes and benefits
of this title.
(b) To the extent consistent with the number of children in the
State or in the school district of a local educational agency who are
enrolled in private elementary and secondary schools, such State,
State educational agency, or State agency for higher education shall,
after consultation with appropriate private school representatives,
make provision, for the benefit of such teachers in such schools, for
such inservice and teacher training and retraining as will assure
equitable participation of such teachers in the purposes and benefits
of this title.
(c) If by reason of any provision of law a State or local educational
agency is prohibited from providing for the participation of children
or teachers from private schools as required by subsections (a) and
(b), or if the Secretary determines that a State or local educational
agency has substantially failed or is unwilling to provide for such
participation on an equitable basis, the Secretary shall waive such
requirements and shall arrange for the provision of services to such
children or teachers which shall be subject to the requirements of
this section. Such waivers shall be subject to consultation, withhold-
ing, notice, and judicial review requirements in accordance with
sections 557(b) (3) and (4) of the Education Consolidation and Im-
provement Act of 1981.
SECRETARY'S DISCRETIONARY FUND FOR PROGRAMS OF NATIONAL
SIGNIFICANCE
SEC. 212. (a) From 10 per centum of amounts appropriated under
section 203(b), the Secretary shall make grants in accordance with
this section.
(b)(1) From 75 per centum of the amount available under this
section in each fiscal year, the Secretary shall make grants to State
and local educational agencies, institutions of higher education, and
H.R. 1310-16
private nonprofit organizations, including museums, libraries, edu-
cational television stations, and professional science, mathematics,
and engineering societies and associations for programs of national
significance in mathematics and science instruction, computer
learning, and foreign language instruction in critical languages. The
Secretary shall give special consideration to provide assistance to
local educational agencies, or consortia thereof, to establish or
improve magnet schools for gifted and talented students. In award-
ing of grants the Secretary shall give special consideration to local
educational agencies, institutions of higher education, and private
nonprofit organizations, including museums, libraries, educational
television stations, and professional science, mathematics, and engi-
neering societies and associations providing special services to his-
torically underserved and underrepresented populations in the
fields of mathematics and science.
(2) The Secretary, from the amount available under paragraph (1)
for each fiscal year, shall reserve not to exceed $3,000,000 in each
such year for the Director of the National Institute of Education for
the purpose of conducting evaluation and research activities. Such
evaluation and research activities shall include-
(A) a policy analysis of alternative methods to improve in-
struction in mathematics and science;
(B) an annual evaluation of the programs assisted under this
title; and
(C) research on improving teacher training, retraining. inserv-
ice training, and retention. as well as the development of cur-
riculum and materials in the fields of mathematics and science.
One-half of the funds reserved under this paragraph shall be used
for the research activities described in clause (C).
(c) From 25 per centum of the amount available in each fiscal
year, the Secretary shall make grants to institutions of higher
education for the improvement and expansion of instruction in
critical foreign languages.
(d) In determining which languages are critical to national secu-
rity, economic, and scientific needs, the Secretary shall consult with
the Secretary of State, the Secretary of Defense, the Secretary of
Health and Human Services, and the Director of the National
Science Foundation. The Secretary shall publish in the Federal
Register a list of critical foreign languages.
PAYMENTS
SEC. 213. (a) From the amounts appropriated under section 203(b),
the Secretary shall pay, in accordance with the provisions of this
title, the costs of the programs and activities described in the
application approved under section 209, and the costs of programs of
national significance under section 211.
(b) Payments under this title shall be made as soon after approval
of the application as practicable.
H.R. 1310-17
TITLE III-NATIONAL SCIENCE FOUNDATION PROGRAM
FOR PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,
SCIENCE, AND ENGINEERING
SHORT TITLE
SEC. 301. This title may be cited as the "Partnerships in Education
for Mathematics, Science, and Engineering Act".
STATEMENT OF PURPOSE
SEC. 302. It is the purpose of this title to supplement State and
local resources to-
(1) improve the quality of instruction in the fields of mathe-
matics, science, and engineering in the State;
(2) furnish additional resources and support for research,
student scholarships, and faculty exchange programs in the
fields of mathematics, science, and engineering; and
(3) encourage partnerships in education between the business
community, institutions of higher education, and elementary
and secondary schools in the community.
DEFINITIONS
SEC. 303. As used in this title-
(1) the term "applicant" means with respect to activities
described in section 305(a) an institution of higher education
and the other participants described in paragraph (3) of section
305(a), and with respect to activities described in section 305(b) a
local educational agency and the other participants described in
paragraph (3) of section 305(b);
(2) the term "equipment" includes machinery, utilities, and
built-in equipment and any necessary enclosures or structures
to house them, and includes all other items necessary for the
functioning of a particular facility as a facility for the provision
of educational services, including items such as instructional
equipment and necessary furniture, printed, published, and
audio-visual instructional materials, and books, periodicals, doc-
uments, and other related materials;
(3) the term "Foundation" means the National Science
Foundation;
(4) the term "institution of higher education" has the same
meaning given that term by section 1201(a) of the Higher
Education Act of 1965;
(5) the term "States" includes the fifty States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Virgin Islands, the Trust Territory of the Pacific
Islands, and the Northern Mariana Islands; and
(6) the term "State agency for higher education" means the
State board of higher education or other agency or officer
primarily responsible for the State supervision of higher educa-
tion, or if there is no such officer or agency, an officer or agency
designated by the Governor or by State law.
H.R. 1310-18
PROGRAM AUTHORIZED
SEC. 304. (a) The Foundation is authorized, in accordance with the
provisions of this title, to make grants to applicants to pay the
Federal share of the costs of the activities described in section 305.
(b) There are authorized to be appropriated $30,000,000 for the
fiscal year 1984, and $60,000,000 for the fiscal year 1985, to carry out
the provisions of this title.
AUTHORIZED ACTIVITIES
SEC. 305. (a)(1) An applicant may use payments received under
this title in any fiscal year for higher education programs and
activities described in this subsection.
(2) Grants under this subsection may be used for partnership in
education programs-
(A) for the improvement of instruction in mathematics, sci-
ence, computer science, and engineering education at the post-
secondary level;
(B) for awarding scholarships to students at institutions of
higher education in the fields of mathematics, science, computer
science, and engineering;
(C) for the operation of faculty exchange programs by the
institutions of higher education and business concerns within
the State;
(D) for research in the fields of mathematics, science,
computer science, and engineering:
(E) for the acquisition, rehabilitation, and renovation of equip-
ment and instrumentation for use in instruction in the fields of
mathematics, science, computer science, and engineering; and
(F) to promote public understanding of science, mathematics,
and computer science.
(3) Education partnerships under this subsection may include
institutions of higher education, business concerns, nonprofit pri-
vate organizations, local educational agencies, professional mathe-
matic and scientific associations, museums, libraries, educational
television stations, and if the State SO desires, appropriate State
agencies.
(b)(1) An applicant may use payments received under this title in
any fiscal year for programs and activities described in this
subsection.
(2) A local educational agency may carry out an elementary and
secondary school partnership in education program under which-
(A) elementary and secondary school teachers in the schools
of local educational agencies who teach mathematics, science, or
computer science are made available to local business concerns
and business concerns with establishments located in the com-
munity to serve in such concerns or establishments;
(B) personnel of local business concerns and business concerns
with establishments located in the community serve as consult-
ants, lecturers, teaching assistants, or teachers of mathematics,
science, or computer science in the elementary and secondary
schools within the State;
(C) training and retraining is furnished to elementary and
secondary school teachers of mathematics, science, and com-
puter science under a cooperative arrangement between the
H.R. 1310-19
State or local educational agency and appropriate business
concerns;
(D) secondary school students observe, participate, and work
in local business concerns and business concerns with establish-
ments located in the community; and
(E) computer clubs and extracurricular activities involving
modern technologies are established in elementary and second-
ary schools.
(3) Partnerships under this subsection may include local educa-
tional agencies, business concerns, nonprofit private organizations,
institutions of higher education, professional mathematic and scien-
tific associations, museums, libraries, educational television sta-
tions, and, if the State SO desires, appropriate State agencies.
APPLICATION
SEC. 306. (a) Any applicant which desires to receive a grant under
this title shall submit an application approved under section 307 to
the Foundation, at such time, in such manner, and accompanied by
such additional information as the Foundation may reasonably
require. Each such application shall-
(1) describe the activities for which assistance under this title
is sought;
(2) provide assurances that not more than 5 per centum of the
amount received by the applicant in any fiscal year may be
expended on administrative expenses;
(3) with respect to each program for which assistance is
sought, provide assurances that-
(A) 30 per centum of the funds for each such project will
be furnished by business concerns within the community;
(B) 20 per centum of the funds will be supplied by-
(i) the State,
(ii) the institution of higher education or the local
educational agency, as the case may be, participating in
the program; and
(iii) the other parties participating in the program;
(C) no stipend will be paid directly to employees of a
profitmaking business concern; and
(D) teachers participating in the exchange program may
not be employed by the participating business concern with
which the teacher served within three years after the end
of the exchange program unless the teacher repays the full
cost of the exchange program to the State and local educa-
tional agency, as the case may be; and
(4) provide assurances that whenever the program for which
assistance is sought includes scholarships, the scholarships be
awarded to undergraduate students at institutions of higher
education within the State who wish to pursue a course of study
in mathematics or science, engineering or computer science,
and that each student awarded a scholarship under this title
will receive a stipend which shall not exceed the cost of tuition
at the institution of higher education plus a stipend of not to
exceed $750 for each academic year of study for which the
scholarship is awarded;
(5) set forth policies and procedures to assure that whenever
the application includes a local educational agency, to the
extent consistent with the number and location of children in
H. R. 1310-20
the school district of such agency who are enrolled in private
elementary and secondary schools, provision is made for the
participation of such children in the program assisted under
this title;
(6) provide assurances that consideration is given to programs
and activities designed to meet the needs of underrepresented
and underserved populations;
(7) provide assurances that in the consideration of applica-
tions submitted under section 307(a) that equitable consider-
ation is given to applications submitted by private and public
institutions of higher education; and
(8) provide such additional assurances as the Foundation
determines essential to ensure compliance with the require-
ments of this title.
(b) A regional consortium of applicants in two or more States may
file a joint application under the provisions of subsection (a) of this
section.
SUBMISSION OF APPLICATIONS
SEC. 307. Each applicant within a State which desires to receive a
grant under this title shall submit the application prepared in
accordance with section 306 to the State agency on higher education
or the State educational agency, as the case may be, for approval
and shall submit the approved application to the Foundation under
section 306. Each such application shall be submitted jointly by the
local educational agency in the case of activities described in section
305(a), or an institution of higher education in the case of activities
described in section 305(b), and each business concern or other party
that is to participate in the program for which assistance is sought.
APPROVAL OF APPLICATIONS
SEC. 308. (a)(1) The Foundation shall establish criteria for ap-
proval of applications under this title.
(2) No application may be approved by the Foundation unless the
State educational agency or the State agency for higher education,
as the case may be, determines that the application is consistent
with State plans for elementary and secondary education or State
plans for higher education, as the case may be, in the State.
(b) The Foundation shall adopt approval procedures designed to
assure that there is equitable distribution of grants among the
States.
PAYMENTS; FEDERAL SHARE; LIMITATION
SEC. 309. (a)(1) The Foundation shall pay, to each applicant having
an application approved under section 308, the Federal share of the
cost of the program described in the application.
(2) The Federal share for each fiscal year shall be 50 per centum.
(3) The non-Federal share of payments under this title may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services.
(b) Not more than 15 per centum of the funds appropriated under
this title in any fiscal year may be paid to applicants in any single
State.
H.R. 1310-21
TITLE IV -PRESIDENTIAL AWARDS FOR TEACHING
EXCELLENCE IN MATHEMATICS AND SCIENCE
PRESIDENTIAL AWARDS
SEC. 401. (a) The President is authorized to make Presidential
Awards for Teaching Excellence in Mathematics and Science to
elementary and secondary school teachers of mathematics or science
who have demonstrated outstanding teaching qualifications in the
field of teaching mathematics or science.
(b) Each year the President is authorized to make one hundred
awards under subsection (a) of this section. In selecting elementary
and secondary school teachers for the award authorized by this
section, the President shall select at least one elementary school
teacher and one secondary school teacher from each of the several
States, the District of Columbia, and the Commonwealth of Puerto
Rico.
ADMINISTRATIVE PROVISIONS
SEC. 402. The President shall carry out the provisions of this title,
including the establishment of the selection procedures, after con-
sultation with the Secretary of Education, the Director of the Na-
tional Science Foundation, and other appropriate officials of Federal
agencies.
AUTHORIZATION OF APPROPRIATIONS
SEC. 403. (a) There are authorized to be appropriated $1,000,000 for
the fiscal year 1985 to carry out the provisions of this title.
(b) Amounts appropriated pursuant to subsection (a) shall be
available for making awards under this title, for administrative
expenses, for necessary travel by teachers selected under this title,
and for special activities related to carrying out the provisions of
this title.
TITLE V - -ASBESTOS SCHOOL HAZARD ABATEMENT
SEC. 501. This title may be cited as the "Asbestos School Hazard
Abatement Act of 1984".
FINDINGS AND PURPOSES
SEC. 502. (a) The Congress finds that-
(1) exposure to asbestos fibers has been identified over a long
period of time and by reputable medical and scientific evidence
as significantly increasing the incidence of cancer and other
severe or fatal diseases, such as asbestosis;
(2) medical evidence has suggested that children may be
particularly vulnerable to environmentally induced cancers;
(3) medical science has not established any minimum level of
exposure to asbestos fibers which is considered to be safe to
individuals exposed to the fibers;
(4) substantial amounts of asbestos, particularly in sprayed
form, have been used in school buildings, especially during the
period 1946 through 1972;
(5) partial surveys in some States have indicated that (A) in a
number of school buildings materials containing asbestos fibers
have become damaged or friable, causing asbestos fibers to be
H.R. 1310-22
dislodged into the air, and (B) asbestos concentration far exceed-
ing normal ambient air levels have been found in school build-
ings containing such damaged materials;
(6) the presence in school buildings of friable or easily dam-
aged asbestos creates an unwarranted hazard to the health of
the school children and school employees who are exposed to
such materials;
(7) the Department of Health and Human Services and the
Environmental Protection Agency, as well as several States,
have attempted to publicize the potential hazards to school
children and employees from exposure to asbestos fibers, but
there is no systematic program for remedying hazardous condi-
tions in schools;
(8) because there is no Federal health standard regulating the
concentration of asbestos fibers in noncommercial workplace
environments such as schools, school employees and students
may be exposed to hazardous concentrations of asbestos fibers
in the school buildings which they use each day;
(9) without a program of information distribution, technical
and scientific assistance, and financial support, many local
educational agencies and States will not be able to mitigate the
potential asbestos hazards in their schools; and
(10) the effective regulation of interstate commerce for the
protection of the public health requires the establishment of
programs under this title to mitigate hazards from exposure to
asbestos fibers and materials emitting such fibers.
(b) It is the purpose of this title to-
(1) direct the Administrator of the Environmental Protection
Agency to establish a program to assist States and local educa-
tional agencies to ascertain the extent of the danger to the
health of school children and employees from asbestos materials
in schools;
(2) provide continuing scientific and technical assistance to
State and local agencies to enable them to identify and abate
asbestos hazards in schools;
(3) provide financial assistance for the abatement of asbestos
threats to the health and safety of school children or employees;
and
(4) assure that no employee of any local educational agency
suffers any disciplinary action as a result of calling attention to
potential asbestos hazards which may exist in schools.
ASBESTOS HAZARD ABATEMENT PROGRAM
SEC. 503. (a)(1) There is hereby established a program within the
Environmental Protection Agency to be known as the Asbestos
Hazards Abatement Program (hereinafter in this title referred to as
"Program").
(b) The duties of the Administrator in implementing and effectu-
ating the Program shall include-
(1) the compilation of medical, scientific, and technical infor-
mation including, but not limited to-
(A) the health and safety hazards associated with asbestos
materials;
(B) the means of identifying, sampling, and testing mate-
rials suspected of emitting asbestos fibers; and
H.R. 1310-23
(C) the means of abating the threat posed by asbestos and
asbestos containing materials;
(2) the distribution of the information described in paragraph
(1) (in any appropriate form such as pamphlets, reports, or
instructions) to State and local agencies and to other institu-
tions for the purpose of carrying out activities described in this
title;
(3) the development within forty-five days of enactment of this
title of an interim or final application form, which shall be
distributed promptly to local educational agencies; and
(4) the review of applications for financial assistance, and the
approval or disapproval of such applications, in accordance with
the provisions of section 505.
STATE PLANS
SEC. 504. (a) Not later than three months after the date of
enactment of this title, the Governor of each State shall submit to
the Administrator a plan which describes the procedures to be used
by the State for maintaining records on-
(1) the presence of asbestos materials in school buildings of
local educational agencies;
(2) the asbestos detection and abatement activities conducted
by local educational agencies (including activities relating to the
replacement of the asbestos materials removed from school
buildings with other appropriate building materials);
(3) repairs made to restore school buildings to conditions
comparable to those which existed before the abatement activi-
ties referred to in subparagraph (B) were undertaken.
(b)(1) Not later than six months after the date of enactment of this
title, and annually thereafter, the Governor of each State shall:
(A) submit to the Administrator and the Secretary of the
Department of Education a priority list of all schools under the
authority of a local educational agency within the State, with-
out regard to the public or private nature of the school involved,
that are candidates for abatement;
(B) forward to the Administrator and the Secretary of the
Department of Education for each candidate for abatement all
applications for financial assistance prepared by the local edu-
cational agencies in accordance with the provisions of section
503(b)(3) and section 505; and
(C) forward to the Secretary of the Department of Education a
copy of all information submitted to the Administrator in ac-
cordance with subsection (b)(3).
(2) The priority list shall rank the potential candidates for abate-
ment action based on the nature and magnitude of the existing and
potential exposure presented by the asbestos materials.
(3) For each school listed, the Governor shall certify that the
statement of need contained in the application for assistance accu-
rately reflects the financial resources available to the local educa-
tional agency for the asbestos abatement program.
(4) For the purpose of determining the adequacy of the financial
resources available to a local educational agency for the abatement
of asbestos threats the Governor shall, to the extent practicable,
consider the following:
(A) A measure of financial need used by the State in which
the local educational agency is located.
H. 1310-24
(B) The estimated per capita income of the locality of such
agency or of those directly or indirectly providing financial
support for such agency.
(C) The extent to which the local school millage rate falls
above or below (i) the millage rate average of the State and (ii)
the millage rate of other local educational agencies with compa-
rable enrollment, per capita income and resource base.
(D) The ratio, expressed as a percentage, of the estimated cost
of the project to the total budget of the local educational agency.
(E) The borrowing capacity of the local educational agency.
(F) Any other factor that demonstrates that the local educa-
tional agency has limited financial resources.
(c) Not later than nine months after the submission of the plan
described in subsection (a), and each twelve months thereafter, the
Governor shall submit to the Administrator a report which de-
scribes the actions taken by the State in accordance with its plan
under such subsection.
FINANCIAL ASSISTANCE
SEC. 505. (a) There is hereby established within the Environmen-
tal Protection Agency an Asbestos Hazards Abatement Assistance
Program (hereinafter in this Act referred to as the "Assistance
Program"), which shall be administered in accordance with this
section.
(b)(1) Applications for financial assistance shall be submitted by a
local educational agency, to the Governor, or the Governor's desig-
nee, who shall establish a priority list based on the criteria of
section 504(b)(2).
(2) Pursuant to section 504, applications shall be submitted, to-
gether with the Governor's report and priority list, to the Adminis-
trator who shall review and rank such applications pursuant to
section 505(c)(2) and propose financing pursuant to the criteria of
section 504(b)(4).
(3) Within sixty days of receipt of the information described in
section 504(b)(1), the Secretary of the Department of Education shall
review such information and, in the Secretary's discretion, provide
to the Administrator comments and recommendations based upon
the needs of local educational agencies for financial assistance.
Within sixty days of receipt of the Secretary's report, or expiration
of the time allowed for such report, the Administrator shall approve
or disapprove applications for financial assistance.
(c)(1) The Administrator shall provide financial assistance on a
school-by-school basis to local educational agencies in accordance
with other provisions of this section to carry out projects for-
(A) abating the threat posed by materials containing asbestos
to the health and safety of children or employees;
(B) replacing the asbestos materials removed from school
buildings with other appropriate building materials; and
(C) restoring school buildings to conditions comparable to
those existing before abatement activities were undertaken pur-
suant to this section.
(2) The Administrator shall review and list in priority order
applications for financial assistance. In ranking applications, the
Administrator shall consider-
(A) the priority assigned to the abatement program by the
Governor pursuant to section 504(b)(2);
1310-25
(B)(i) the likelihood of release of asbestos fibers into a school
environment;
(ii) any other evidence of the risk caused by the presence of
asbestos including, but not limited to, situations in which there
is a substantial quantity of dry loose asbestos-containing mate-
rial on horizontal surfaces or asbestos-containing material is
substantially deteriorated or damaged, and there is asbestos-
containing material in an air plenum or in a high traffic area,
confined space or within easy reach of a passerby;
(iii) the extent to which the corrective action proposed by the
applicant will reduce the exposure of school children and school
employees; and
(iv) the extent to which the corrective action proposed by the
applicant is cost-effective compared to other techniques includ-
ing management of material containing asbestos.
(3) In determining whether an applicant is eligible for assistance,
and the nature and amount of financial assistance, the Administra-
tor shall consider-
(A) the financial resources available to the applicant as certi-
fied by the Governor pursuant to section 504(b)(4); and
(B) the report, if any, of the Secretary of Education pursuant
to section 504(b)(5).
(d) In no event shall financial assistance be provided under this
title to an applicant if the Administrator determines that such
applicant has resources adequate to support an appropriate asbestos
materials abatement program. In making such a determination, the
Administrator may consult with the Secretary of Education.
(e)(1) An applicant for financial assistance may be granted a loan
of up to 100 per centum of the costs of an abatement program or, if
the Administrator determines the applicant is unable to undertake
and complete an asbestos materials abatement program with a loan,
such applicant may also receive a grant (alone or in combination
with a loan) not to exceed 50 per centum of the total costs of
abatement, in the amount which the Administrator deems
necessary.
(2) In approving any grant, the Administrator shall state with
particularity the reasons why the applicant is unable to undertake
and complete the abatement program with loan funds.
(f) Loans under this section shall be made pursuant to agreements
which shall provide for the following:
(1) the loan shall not bear interest;
(2) the loan shall have a maturity period of not more than
twenty years (as determined by the Administrator) and shall be
repayable during such period at such times and in such
amounts as the Administrator may specify in the loan
agreement;
(3) repayment shall be made to the Secretary of the Treasury
for deposit in the general fund; and
(4) such other terms and conditions that the Administrator
determines necessary to protect the financial interest of the
United States.
(g)(1) No financial assistance may be provided under this section
unless an application has been submitted to the Administrator
within the five-year period beginning on the effective date of this
title.
(2) The Administrator shall not approve an application unless-
H.R. 1310-26
(A) the application contains such information as the Adminis-
trator may require, including but not limited to information
describing-
(i) the nature and extent of the asbestos problem for
which the assistance is sought;
(ii) the asbestos content of the material to be abated;
(iii) the methods which will be used to abate the asbestos
materials;
(iv) the amount and type of financial assistance
requested;
(v) a description of the financial resources of the local
educational agency; and
(vi) a justification for the type and amount of the finan-
cial assistance requested.
(B) the application contains a certification that-
(i) any employee engaged in an asbestos material abate-
ment program will be trained and equipped pursuant to
section 506(b)(2)(B); and
(ii) no child or inadequately informed or protected school
employee will be permitted in the vicinity of any asbestos
abatement activity;
(C) the application contains assurances that the local educa-
tional agency will furnish such information as is necessary for
the Administrator to make the report required by section 507 of
this title.
(3) No financial assistance may be provided by the Administrator
under this section for projects described in subsection (a)(2) on which
abatement action was completed prior to January 1, 1984.
(B) Except as provided in section 512(b)(1) in approving appli-
cations the Administrator shall provide assistance to the local
educational agencies having the highest priority among applica-
tions being considered in order of ranking until the appropri-
ated funds are expended.
SEC. 506. (a) The Administrator shall promulgate rules and regula-
tions as necessary to implement the authorities and requirements of
this title.
(b) The Administrator shall also establish-
(1) procedures to be used by local educational agencies, in
programs for which financial assistance is made available under
section 505 for-
(A) abating asbestos materials in school buildings;
(B) replacing the asbestos materials removed from school
buildings with other appropriate building materials; and
(C) restoring such school buildings to conditions compara-
ble to those existing before asbestos containment or
removal activities were undertaken; and
(2) within ninety days, standards for determining-
(A) which contractors are qualified to carry out the activi-
ties referred to in paragraph (1), and
(B) what training, equipment, protective clothing and
other information and material must be supplied to ade-
quately advise and protect school employees utilized to
carry out the activities in paragraph (1).
(3) nothing contained in this title shall be construed, inter-
preted or applied to diminish in any way the level of protection
required under State or Federal worker protection laws.
H.R. 1310-27
(c) In order to effectuate the purposes of this title, the Administra-
tor may also adopt such other procedures, standards and regulations
as the Administrator deems necessary, including-
(1) procedures for testing the level of asbestos fibers in
schools, including safety measures to be followed in conducting
such tests;
(2) standards for evaluating (on the basis of such tests) the
likelihood of the leakage of asbestos fibers into the school
environment; and
(3) periodic reporting with respect to the activities that have
taken place using funds loaned or granted under this title.
ANNUAL REPORT
SEC. 507. During each of the ten calendar years after the year in
which this title is enacted, the Administrator shall prepare and
submit not later than February 1 of each year a report to the
Committee on Environment and Public Works of the United States
Senate and the Committee on Energy and Commerce of the United
States House of Representatives on the loan and grant program
authorized by section 505 of this title. The report shall-
(1) describe the number of applications received;
(2) describe the number of loans and grants made in the
preceding calendar year and specify each applicant for and
recipient of a loan or grant;
(3) specify the number of loan or grant applications which
were disapproved during the preceding calendar year and de-
scribe the reasons for such disapprovals;
(4) describe the types of programs for which loans or grants
were made;
(5) specify the estimated total costs of such programs to the
recipients of loans or grants and specify the amount of loans or
grants made under the program authorized by this section; and
(6) estimate the number of schools still in need of assistance.
SEC. 508. (a)(1) As a condition of the award of any financial
assistance under section 505, the recipient of any such loan or grant
shall permit the United States to sue on behalf of such recipient any
person determined by the Attorney General to be liable to the
recipient for the costs of any activities undertaken by the recipient
under such sections.
(2) The proceeds from any judgment recovered in any suit brought
by the United States under paragraph (1) (or, if the recipient files a
similar suit on its own behalf, the proceeds from a judgment recov-
ered by the recipient in such suit) shall be used to repay to the
United States, to the extent that the proceeds are sufficient to
provide for such repayment, an amount equal to the sum of-
(A) the amount (i) outstanding on any loan and (ii) of any
grant made to the recipient; and
(B) an amount equal to the interest which would have been
charged on such loan were the loan made by a commercial
lender at prevailing interest rates (as determined by the
Administrator).
(b) The Attorney General shall, where appropriate, proceed in an
expeditious manner to recover the amounts expended by the United
States to carry out this title from the persons identified by the
Attorney General as being liable for such costs.
H.R. 1310-28
SEC. 509. No State or local educational agency receiving assistance
under this title may discharge any employee or otherwise discrimi-
nate against any employee with respect to the employee's compensa-
tion, terms, conditions, or privileges of employment because the
employee has brought to the attention of the public information
concerning any asbestos problem in the school buildings within the
jurisdiction of such agency.
SEC. 510. Except as otherwise provided in section 508, nothing in
this title shall-
(1) affect the right of any party to seek legal redress in
connection with the purchase or installation of asbestos ma-
terials in schools or any claim of disability or death related
to exposure to asbestos in a school setting; or
(2) affect the rights of any party under any other law.
SEC. 511. For purposes of this title-
(1) the term "asbestos" means-
(A) chrysotile, amosite, or crocidolite; or
(B) in fibrous form, tremolite, anthophyllite, or actinolite;
(2) the term "Attorney General" means the Attorney General
of the United States;
(3) the term "threat" or "hazard" means that an asbestos
material is friable or easily damaged, or within each reach of
students or employees or otherwise susceptible to damage
(including damage from water or air circulation) which
could result in the dispersal of asbestos fibers into the school
environment;
(4) the term "local educational agency" means-
(A) any local educational agency as defined in section
198(a)(10) of the Elementary and Secondary Education Act
of 1965; and
(B) the governing authority of any nonprofit elementary
or secondary school;
(5) the term "nonprofit elementary or school" means—
(A) any elementary or secondary school as defined in
section 198(a)(7) of the Elementary and Secondary Educa-
tion Act of 1965 owned and operated by one or more
nonprofit corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual; and
(B) any school of any agency of the United States;
(6) the term "school buildings" means-
(A) structures suitable for use as classrooms, laboratories,
libraries, school eating facilities, or facilities used for the
preparation of food;
(B) any gymnasium or other facility which is specially
designed for athletic or recreational activities for an aca-
demic course in physical education;
(C) other facilities used for the instruction of students, for
research, or for the administration of educational or
research programs; and
(D) maintenance, storage, or utility facilities essential to
the operation of the facilities described in subparagraphs
(A) through (C) of this paragraph;
(7) the term "Administrator" means the Administrator of the
Environmental Protection Agency, or the Administrator's
designee;
H.R. 1310-29
(8) the term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, the Trust Territory of the Pacific Islands, and the
Bureau of Indian Affairs.
SEC. 512. (a)(1) There are hereby authorized to be appropriated for
the asbestos abatement program not more than $50,000,000 for the
fiscal year ending on September 30, 1984, $50,000,000 for the fiscal
year ending on September 30, 1985, and $100,000,000 for each of the
five succeeding fiscal years.
(2) The sums appropriated under this title shall remain available
until expended.
(b)(1) A State with qualified applicants shall receive no less than
one-half of 1 per centum of the sums appropriated under this title or
the total of the amounts requested by such applicants, whichever is
less. Those amounts available in each fiscal year under this para-
graph shall be obligated before the end of that fiscal year. For the
purposes of this paragraph the term "State" means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Bureau of Indian Affairs and, taken together,
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
(2) Of those sums appropriated for the implementation of this
title, up to 10 per centum shall be reserved during the fiscal year
ending September 30, 1984, and up to 5 per centum for the fiscal
year ending September 30, 1985, for the administration of this title
and for programs including, but not limited to, the following:
(A) the establishment of a training center for contractors,
engineers, school employees, parents and other personnel to
provide instruction on asbestos assessment and abatement;
(B) the development and dissemination of abatement guidance
documents to assist in evaluation of potential hazards, and the
determination of proper abatement programs;
(C) the development of rules and regulations regarding inspec-
tion, reporting and record-keeping; and
(D) the development of a comprehensive testing and technical
assistance program.
TITLE VI-EXCELLENCE IN EDUCATION PROGRAM
SHORT TITLE
SEC. 601. This title may be cited as the "Excellence in Education
Act".
STATEMENT OF PURPOSE
SEC. 602. It is the purpose of this title to make awards to local
educational agencies, after a competitive selection process, in order
to carry out programs of excellence in individual schools of such
agencies designed to achieve excellence in education, which-
(1) demonstrate successful techniques for improving the qual-
ity of education,
(2) can be disseminated and replicated, and
(3) are conducted with the participation of school principals,
schoolteachers, parents, and business concerns in the locality.
H.R. 1310-30
DEFINITIONS
SEC. 603. For the purpose of this title-
(1) The term "elementary school" has the same meaning
given that term under section 198(a)(7) of the Elementary and
Secondary Education Act of 1965.
(2) The term "local educational agency" has the same mean-
ing given that term under section 198(a)(10) of the Elementary
and Secondary Education Act of 1965.
(3) The term "secondary school" has the same meaning given
that term under section 198(a)(7) of the Elementary and Second-
ary Education Act of 1965.
(4) The term "Secretary" means the Secretary of Education.
(5) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
(6) The term "State educational agency" has the same mean-
ing given that term under section 198(a)(17) of the Elementary
and Secondary Education Act of 1965.
SCHOOL EXCELLENCE AWARDS AUTHORIZED
SEC. 604. (a) The Secretary is authorized, in accordance with the
provisions of this title, to make awards to local educational agencies
for school excellence programs which are consistent with the pur-
pose of this title.
(b)(1) There are authorized to be appropriated $16,000,000 for each
of the fiscal years 1984 and 1985 to carry out the provisions of this
title.
(2) From the amount appropriated in each fiscal year, the Secre-
tary shall reserve $3,000,000 in each fiscal year to carry out the
provisions of section 607.
(3) From the amount appropriated in each fiscal year, the Secre-
tary shall reserve $1,000,000 in each fiscal year to carry out the
provisions of section 608.
SELECTION OF SCHOOLS FOR AWARDS
SEC. 605. (a)(1) The Secretary is authorized to establish, in accord-
ance with the provisions of this section, criteria for the selection of
schools to receive awards under this title. Each local educational
agency desiring to participate in the awards program authorized by
this title shall submit a proposal nominating each specific school of
that agency for school improvement activities designed to carry out
the purpose of this title. Each such submission shall be made to the
chief State school officer of the State in which the local educational
agency is located.
(2) The criteria required by paragraph (1) of this subsection shall
include standards for each local educational agency to nominate
schools of that agency-
(A) which have the potential to experiment with standards of
quality; and
(B) which show promise of demonstrating that the school will
carry out well-planned, creative, or innovative activities
designed to carry out the purposes of this title in a successful
manner.
(3) Each proposal submitted under this subsection shall contain-
H.R. 1310-31
(A) a description of the activities which will be conducted in
the school nominated,
(B) assurances that the school to be nominated will carry out
the activities so described, and
(C) such other information as may be necessary to carry out
paragraph (2) of this subsection.
(b)(1)(A) The chief State school officer of each State shall in each
fiscal year from the proposed nominations made pursuant to subsec-
tion (a) select twenty-five schools for submission to the Secretary.
(B) In the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Northern Mariana Islands,
and the Trust Territory of the Pacific Islands, the chief educational
officer of such jurisdiction shall nominate five schools in accordance
with this subsection.
(2) In selecting schools from proposed nominations submitted
under subsection (a), the chief State school officer shall assure a fair
and equitable distribution of schools within the State, after
considering-
(A) all categories of elementary and secondary schools within
the State, including elementary schools, junior high schools,
secondary schools, vocational-technical schools, or any combina-
tion of two or more of the schools;
(B) socioeconomic conditions in the State;
(C) geographic distribution within the State;
(D) school size;
(E) the size and location of the community in which the school
is located:
(F) the local governmental arrangements between the govern-
ment and the local educational agency making the nomination;
(G) the potential for the proposed project to successfully
demonstrate techniques for improving the quality of education
which can be disseminated and replicated; and
(H) such other relevant factors as the Secretary may
prescribe.
(3) Each State shall submit to the Secretary the school nomina-
tions made in accordance with this subsection. Each such submis-
sion may include such additional information as the chief State
school officer (the chief educational officer as prescribed in para-
graph (1)(B)), and the local educational agency concerned deem
appropriate.
(c)(1) The Secretary shall select not more than five hundred
schools from among the nominations submitted pursuant to subsec-
tion (b) of this section. The selection under this subsection shall be
made by the Secretary after an impartial review panel has consid-
ered each submission. The review and selection shall be based upon
the factors described in subsection (b)(2) and in accordance with
uniform criteria developed by the Secretary.
(2) In making the selections under paragraph (1), the Secretary
shall give priority to proposals which have the highest potential for
successfully demonstrating techniques to improve the quality of
education and which can be disseminated and replicated. In addition
the Secretary shall give priority to proposals which have as their
purposes-
(A) modernization and improvement of secondary school cur-
ricula to improve student achievement in academic or voca-
tional subjects, or both, and competency in basic functional
skills;
1310-32
(B) the elimination of excessive electives and the establish-
ment of increased graduation requirements in basic subjects;
(C) improvement in student attendance and discipline
through the demonstration of innovative student motivation
techniques and attendance policies with clear sanctions to
reduce student absenteeism and tardiness;
(D) demonstrations designed to increase learning time for
students;
(E) experimentation providing incentives to teachers, and
teams of teachers for outstanding performance, including finan-
cial awards, administrative relief such as the removal of paper-
work and extra duties, and professional development;
(F) demonstrations to increase student motivation and
achievement through creative combinations of independent
study, team teaching, laboratory experience, technology utiliza-
tion. and improved career guidance and counseling; or
(G) new and promising models of school-community and
school-to-school relationships including the use of nonschool
personnel to alleviate shortages in areas such as math, science,
and foreign language instruction, as well as other partner-
ships between business and education, including the use of
equipment.
AMOUNT AND CONDITIONS OF AWARDS
SEC. 606. (a)(1) A school award made to a local educational agency
pursuant to this title may not exceed $25,000 in any fiscal year or a
total of $40,000.
(2) The amount of each individual school award made pursuant to
this title shall be determined by the Secretary based upon the size of
the school, the number of students enrolled in the school, and the
number of teachers teaching in the school.
(b) Awards made under this title may not be made for more than
two school years. No individual school may be eligible for any
additional award under this title.
SPECIAL SCHOOL AWARDS
SEC. 607. (a) From the amount reserved under section 604(b)(2) in
any fiscal year, the Secretary is authorized to make awards to
schools nominated in accordance with the provisions of section 605
to pay the Federal share of the activities described in the proposal if
the local educational agency provides further assurances that funds
from the private sector will be contributed for carrying out the
activities for which assistance is sought.
(b) For purposes of this section, the Federal share for each fiscal
year shall be not less than 672/3 per centum nor more than 90 per
centum. The Secretary shall set the Federal share for categories of
school awards based upon uniform criteria established by the
Secretary.
RESEARCH, EVALUATION, DISSEMINATION, AND MONITORING ACTIVITIES
SEC. 608. (a) From the amount set aside under section 604(b)(3), the
Secretary shall conduct research, evaluation, and dissemination
activities to assure that exemplary projects and practices which are
developed with assistance provided under this title are made avail-
able to local educational agencies throughout the United States.
H. R. 1310-33
(b) The Secretary shall use such amount of the funds reserved
pursuant to section 604(b)(3) as is necessary to carry out the provi-
sions of this subsection. The Secretary shall establish an independ-
ent panel to monitor the success of the programs assisted by this
title in achieving the national objectives in improving instruction
and the achievement of the students.
TITLE VII-MAGNET SCHOOLS ASSISTANCE
AUTHORIZATION OF APPROPRIATIONS
SEC. 701. There are authorized to be appropriated $75,000,000 for
each of the fiscal years 1984, 1985, and 1986 to carry out the
provisions of this title.
ELIGIBILITY
SEC. 702. A local educational agency is eligible to receive assist-
ance under this title if the local educational agency-
(1) has received $1,000,000 less in the first fiscal year after the
repeal of the Emergency School Assistance Act by section 5 of
the Omnibus Budget Reconciliation Act of 1981 as a result of
the repeal of that Act; or
(2) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent juris-
diction, and which requires the desegregation of minority group
segregated children or faculty in the elementary and secondary
schools of such agency; or
(3) without having been required to do so, has adopted and is
implementing, or will, if assistance is made available to it under
this title, adopt and implement, a plan which has been approved
by the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority group segregated
children or faculty in such schools.
STATEMENT OF PURPOSE
SEC. 703. It is the purpose of this title-
(1) to provide financial assistance to eligible local educational
agencies to enable such agencies to establish and operate
magnet schools;
(2) to meet the special needs incident to the elimination of
minority group segregation and discrimination among students
and faculty in elementary and secondary schools;
(3) to encourage the voluntary elimination, reduction, or pre-
vention of minority group isolation in elementary and second-
ary schools with substantial proportions of minority group
students; and
(4) to encourage the development of courses of instruction
within magnet schools that will substantially strengthen the
knowledge of academic subjects and the grasp of tangible and
marketable vocational skills of students attending such schools.
PROGRAM AUTHORIZED
SEC. 704. The Secretary is authorized, in accordance with the
provisions of this title, to make grants to eligible local educational
agencies for use in magnet schools which are part of an approved
H.R. 1310-34
desegregation plan and which are designed to bring students from
different social, economic, ethnic, and racial backgrounds together.
DEFINITION
SEC. 705. For the purpose of this title the term "magnet school"
means a school or education center that offers a special curriculum
capable of attracting substantial numbers of students of different
racial backgrounds.
USES OF FUNDS
SEC. 706. (a) Grants made under this title may be used by eligible
local educational agencies for the planning for, and conduct of,
programs in magnet schools, including-
(1) courses of academic instruction offered at magnet schools;
(2) courses of instruction in magnet schools offering secondary
education or vocational education which is designed to increase
the tangible and marketable skills of secondary school students
and vocational school students;
(3) the purchase of books, materials, and equipment including
computers, which directly contribute to academic excellence
and the purposes of this title; and
(4) the payment of or subsidization of the compensation of
elementary and secondary school teachers in magnet schools
who are certified or licensed by the State and who are necessary
to carry out the courses of instruction for which assistance is
sought.
APPLICATIONS AND REQUIREMENTS
SEC. 707. (a) Each eligible local educational agency which desires
to receive assistance under this title shall submit an application to
the Secretary. Each such application shall be in such form as the
Secretary may reasonably require. Each such application shall con-
tain assurances that the local educational agency will meet the
conditions enumerated in subsection (b).
(b) As part of the annual application required by subsection (a),
each eligible local educational agency shall certify that the agency
agrees-
(1) to use funds made available under this title for the pur-
poses specified in section 703;
(2) to employ teachers in the courses of instruction assisted
under this title who are certified or licensed by the State to
teach the subject matter of the courses of instruction;
(3) to provide assurances that the local educational agency
will not engage in discrimination based upon race, religion,
color, or national origin in the hiring, promotion, or assignment
of employees of the agency or other personnel for whom the
agency has any administrative responsibility;
(4) to provide assurances that the local educational agency
will not engage in discrimination based upon race, religion,
color, or national origin in the mandatory assignment of stu-
dents to schools or to courses of instruction within schools of
such agency except to carry out the approved plan;
(5) to provide assurances that the local educational agency
will not engage in discrimination based upon race, religion,
color, or national origin in designing or operating extracurric-
ular activities for students; and
H.R. 1310-35
(6) to provide such other assurances as the Secretary deter-
mines necessary to carry out the provisions of this title.
(c) No application may be approved under this section unless the
Assistant Secretary of Education for Civil Rights determines that
the assurances contained in clauses (3), (4), and (5) will be met.
SPECIAL CONSIDERATION
SEC. 708. In approving applications under this title the Secretary
shall give special consideration to-
(1) the recentness of the implementation of the approved plan
or modification thereof;
(2) the proportion of minority group children involved in the
approved plan;
(3) the need for assistance based on the expense or difficulty of
effectively carrying out an approved plan and the program or
projects for which assistance is sought; and
(4) the degree to which the program or project for which
assistance is sought affords promise of achieving the purposes of
this title.
PROHIBITION
SEC. 709. Grants under this title may not be used for consultants,
for transportation, or for any activity which does not augment
academic improvement, or for the courses of instruction the sub-
stance of which is secular humanism.
LIMITATION ON PAYMENTS
SEC. 710. (a) No local educational agency may receive a grant
under this title for more than one fiscal year unless the Secretary
determines that the program for which assistance was provided in
the first fiscal year is making satisfactory progress in achieving the
purposes of this title.
(b) No local educational agency may expend more than 10 percent
of the amount that the agency receives in any fiscal year for
planning.
(c) No State shall reduce the amount of State aid with respect to
the provision of free public education or the amount of assistance
received under chapter 2 of the Education Consolidation and
Improvement Act of 1981 in any school district of any local educa-
tional agency within such State because of assistance made or to be
made available to such agency under this title, except that a State
may reduce the amount of assistance received under such chapter 2
if the amount is attributable to clause (3) of section 577 (as in effect
prior to the date of enactment of section 502 of the Education for
Economic Security Act) but only to the extent the amount is SO
attributable. The Secretary may waive the prohibition against the
reduction of assistance received under chapter 2 and permit such a
reduction if the State demonstrates that the assistance under such
chapter 2 is not necessary to the local education agency concerned.
PAYMENTS
SEC. 711. (a) The Secretary shall pay to each local educational
agency having an application under this title the amount set forth
in the application. Payments under this title for a fiscal year shall
H. 1310-36
remain available for obligation and expenditure by the recipient
until the end of the succeeding fiscal year.
(b)(1) If a local educational agency in a State is prohibited by law
from providing for the participation of children and staff enrolled or
employed in private nonprofit elementary and secondary schools as
required by this title, the Secretary may waive such requirement
with respect to local educational agencies in such State and, upon
the approval of an application from a local educational agency
within such State, shall arrange for the provision of services to such
children enrolled in, or teachers or other educational staff of, any
nonprofit private elementary or secondary school located within the
school district of such agency if the participation of such children
and staff would assist in achieving the purpose of this title. The
services to be provided through arrangements made by the Secre-
tary under this paragraph shall be comparable to the services to be
provided by such local educational agency under such application.
(2) In determining the amount to be paid pursuant to paragraph
(1), the Secretary shall take into account the number of children and
teachers and other educational staff who, except for provisions of
State law, might reasonably be expected to participate in the pro-
gram carried out under this title by such local educational agency.
(3) If the Secretary determines that a local educational agency has
substantially failed to provide for the participation on an equitable
basis of children and staff enrolled or employed in private nonprofit
elementary and secondary schools, the Secretary shall arrange for
the provision of services to children enrolled in, or teachers or other
educational staff of, the nonprofit private elementary or secondary
school or schools located within the school district of such local
educational agency, which services shall, to the maximum extent
feasible, be identical with the services which would have been
provided such children or staff had the local educational agency
carried out such assurance. The Secretary shall pay the cost of such
services from the grant to such local educational agency and shall
have the authority for this purpose of recovering from such agency
any funds paid to it under such grant.
WITHHOLDING
SEC. 712. The provisions of sections 453 and 454 of the General
Education Provisions Act, relating to withholding and cease and
desist orders, shall apply to the program authorized by this title.
TITLE VIII-THE EQUAL ACCESS ACT
SHORT TITLE
SEC. 801. This title may be cited as "The Equal Access Act".
DENIAL OF EQUAL ACCESS PROHIBITED
SEC. 802. (a) It shall be unlawful for any public secondary school
which receives Federal financial assistance and which has a limited
open forum to deny equal access or a fair opportunity to, or discrimi-
nate against, any students who wish to conduct a meeting within
that limited open forum on the basis of the religious, political,
philosophical, or other content of the speech at such meetings.
(b) A public secondary school has a limited open forum whenever
such school grants an offering to or opportunity for one or more
H.R. 1310-37
noncurriculum related student groups to meet on school premises
during noninstructional time.
(c) Schools shall be deemed to offer a fair opportunity to students
who wish to conduct a meeting within its limited open forum if such
school uniformly provides that-
(1) the meeting is voluntary and student-initiated;
(2) there is no sponsorship of the meeting by the school, the
government, or its agents or employees;
(3) employees or agents of the school or government are
present at religious meetings only in a nonparticipatory
capacity;
(4) the meeting does not materially and substantially inter-
fere with the orderly conduct of educational activities within
the school; and
(5) nonschool persons may not direct, conduct, control, or
regularly attend activities of student groups.
(d) Nothing in this title shall be construed to authorize the United
States or any State or political subdivision thereof-
(1) to influence the form or content of any prayer or other
religious activity;
(2) to require any person to participate in prayer or other
religious activity;
(3) to expend public funds beyond the incidental cost of pro-
viding the space for student-initiated meetings;
(4) to compel any school agent or employee to attend a school
meeting if the content of the speech at the meeting is contrary
to the beliefs of the agent or employee;
(5) to sanction meetings that are otherwise unlawful;
(6) to limit the rights of groups of students which are not of a
specified numerical size; or
(7) to abridge the constitutional rights of any person.
(e) Notwithstanding the availability of any other remedy under
the Constitution or the laws of the United States, nothing in this
title shall be construed to authorize the United States to deny or
withhold Federal financial assistance to any school.
(f) Nothing in this title shall be construed to limit the authority of
the school, its agents or employees, to maintain order and discipline
on school premises, to protect the well-being of students and faculty,
and to assure that attendance of students at meetings is voluntary.
DEFINITIONS
SEC. 803. As used in this title-
(1) The term "secondary school" means a public school which
provides secondary education as determined by State law.
(2) The term "sponsorship" includes the act of promoting,
leading, or participating in a meeting. The assignment of a
teacher, administrator, or other school employee to a meeting
for custodial purposes does not constitute sponsorship of the
meeting.
(3) The term "meeting" includes those activities of student
groups which are permitted under a school's limited open forum
and are not directly related to the school curriculum.
(4) The term "noninstructional time" means time set aside by
the school before actual classroom instruction begins or after
actual classroom instruction ends.
H.R. 1310-38
SEVERABILITY
SEC. 804. If any provision of this title or the application thereof to
any person or circumstances is judicially determined to be invalid,
the provisions of the remainder of the title and the application to
other persons or circumstances shall not be affected thereby.
CONSTRUCTION
SEC. 805. The provisions of this title shall supersede all other
provisions of Federal law that are inconsistent with the provisions of
this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.