This is historical material, "frozen in time." The web site is no longer updated and links to external web sites and some internal pages will not work.

GOALS 2000: EDUCATE AMERICA ACT

Section-by-Section Analysis

Section 2. Section 2 of the bill would state that the purpose of the Act is to provide a framework for meeting the National Education Goals established under title I of this Act by: (1) promoting coherent, nationwide, systemic education reform; (2) improving the quality of learning and teaching in the classroom; (3) defining appropriate and coherent Federal, State, and local roles and responsibilities for education reform; (4) establishing valid, reliable, and fair mechanisms: for building a broad national consensus on American education reform; assisting in the development and certification of high-quality, internationally competitive content and student performance standards; and assisting in the development and certification of high-quality assessment measures that reflect the internationally competitive content and performance standards; and assisting in the development of model opportunity-to-learn standards; (5) supporting new initiatives at the Federal, State, local, and school levels to provide equal educational opportunity for all students to meet high standards; and (6) providing a framework for the reauthorization of all Federal education programs by creating a vision of excellence and equity that will guide all Federal education and related programs; providing for the establishment of high quality, internationally competitive content and performance standards that all students will be expected to achieve; providing for the establishment of highquality, internationally competitive opportunity-to-learn standards that all States, local educational agencies, and schools should achieve; encouraging and enabling all State educational agencies and local educational agencies to develop comprehensive improvement plans that will provide a coherent framework for the implementation of reauthorized Federal education and related programs in an integrated fashion that effectively educates all children; providing resources to help individual schools, including those serving students with high needs, develop and implement comprehensive improvement plans that will provide a coherent framework for the implementation of reauthorized Federal education and related programs in an integrated fashion; and stimulating the development and adoption of a voluntary national system of skill standards and certification to serve as a cornerstone of the national strategy to enhance workforce skills. Section 2 would also define the term "all students" to mean students from the broad range of backgrounds and circumstances, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, students with disabilities, students with limited English proficiency, and academically talented students.

TITLE I - NATIONAL EDUCATION GOALS

Section 101. Section 101 of the bill would state that the purpose of Title I is to establish the National Education Goals.

Section 102. Section 102 of the bill would provide that Congress declares the National Education Goals to be that, by the year 2000: (1) all children in America will start school ready to learn; (2) the high school graduation rate will increase to at least 90 percent; (3) American students will leave grades 4, 8, and 12 having demonstrated competency over challenging subject matter including English, mathematics, science, foreign languages, arts, history, and geography, and every school in America will ensure that all students learn to use their minds well, so they may be prepared for responsible citizenship, further learning, and productive employment in our modern economy; (4) United States students will be first in the world in mathematics and science achievement; (5) every adult American will be literate and will possess the knowledge and skills necessary to compete in a global economy and exercise the rights and responsibilities of citizenship; and (6) every school in the United States will be free of drugs and violence and will offer a disciplined environment conducive to learning. Section 102 would also state specific objectives for the goals.

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

PART A - NATIONAL EDUCATION GOALS PANEL

Section 201. Section 201 of the bill would set forth as the purpose of the part the establishment of a bipartisan mechanism for: (1) building a national consensus for education improvement; (2) reporting on progress toward achieving the National Education Goals; and (3) reviewing and approving the voluntary national content and student performance standards and opportunity-tolearn standards certified by the National Education Standards and Improvement Council established under Part B, as well as the criteria for their certification, and the criteria for the certification of State assessments by the National Education Standards and Improvement Council.

Section 202. Section 202(a), (b), and (c) of the bill would establish in the Executive Branch an 18-member National Education Goals Panel (the "Goals Panel"), of which: (1) two members would be Presidential appointees; (2) eight members would be Governors appointed by the Chairperson and Vice Chairperson of the National Governors' Association (NGA) (each appointing representatives of his or her respective political party), three of whom would be from the same political party as the President and five of whom would be from the opposite political party; (3) two members of the Senate, one appointed by the majority leader and one appointed by the minority leader of the Senate; (4) two members of the House of Representatives, one appointed by the majority leader and one appointed by the minority leader of the House; and (5) four State legislators appointed by the President of the National Conference of State Legislatures, of whom not more than two could be of the same political party as the President. Section 202(c) would ensure balanced political representation on the Goals Panel by requiring the Chairperson of the NGA to appoint 3 members and the Vice Chairperson to appoint 5 members when the Chairperson is from the same political party as the President and vice versa when the Chairperson of the NGA is from the opposite political party as the President. Section 202(c) would also "grandfather" the existing NGA goals panel as meeting, except for the appointment of State legislators, the requirements of sections 202(b) and (c).

Section 202(d) would set forth the terms of the Goals Panel's members. Members who are Presidential appointees would serve at the pleasure of the President. Members who are Governors would serve for two years, except that initial appointments would be made to ensure staggered terms. Members who are Senators, United States Representatives, and State legislators would serve for two years.

Section 202(e) would require that initial Goals Panel members be appointed not later than 60 days after the date of enactment of the Act.

Section 202(f) would permit the Goals Panel to begin to carry out its duties when ten members of the Goals Panel have been appointed.

Section 202(g) would require that a vacancy on the Goals Panel be filled in the same manner as the original appointment.

Section 202(h) would set forth the allowed travel expenses, including per diem, for Goals Panel members.

Section 202(i) would set forth the terms of and procedures for selecting the Chair of the Goals Panel. It requires that the Chair be selected from among the Governors on the Goals Panel. The Chair would serve a one year term, and the position would alternate between political parties.

Section 203. Section 203(a) of the bill would set forth the duties of the Goals Panel, which include: (1) reporting on the progress the Nation and the States are making toward achieving the National Education Goals; (2) submitting to the President nominations for appointment to the National Education Standards and Improvement Council, in accordance with sections 212(b) and (c); (3) reviewing and approving (or explaining why approval is withheld) the criteria developed by the National Education Standards and Improvement Council for the certification of content and student performance standards, assessments, and opportunity-to-learn standards, and the voluntary national content and student performance standards and opportunity-tolearn standards certified by the National Education Standards and Improvement Council; (4) reporting on promising or effective actions being taken at the national, State, and local levels, in the public and private sectors, to achieve the National Education Goals; and (5) helping to build a nationwide, bipartisan consensus for the reforms necessary to achieve the National Education Goals.

Section 203(b) would require the Goals Panel to submit to the President, the Secretary, the Congress, and each Governor an easily understandable, annual, national report card that would report on the progress of the United States toward achieving the National Education Goals and identify actions that should be taken by Federal, State, and local governments.

Section 204. Section 204 of the bill would set forth the powers of the Goals Panel, including conducting hearings; securing information from Federal departments and agencies; using the United States mail in the same manner as Federal departments and agencies; accepting gifts; and using Federal, State, and local governmental equipment and facilities. Section 204 would also require the Secretary of Education (the "Secretary") to provide the Goals Panel, on a reimbursable basis, with administrative support services, and, to the extent appropriate, and on a reimbursable basis, make contracts and other arrangements requested by the Goals Panel to help it compile and analyze necessary data.

Section 205. Section 205 of the bill would set forth administrative provisions for the Goals Panel, including provisions related to meetings, quorums, and voting. Section 205 would also require the Goals Panel to ensure public access to its proceedings (other than proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the public, at reasonable cost, transcripts of such proceedings.

Section 206. Section 206 of the bill would require the Chairperson of the Goals Panel to appoint a Director, who could be paid without regard to the provisions of title 5 of the United States Code, subject to a salary "cap" equal to the basic pay for level V of the Executive Schedule. Section 206 would provide authority for the hiring and paying of staff for the Goals Panel, including not more than four excepted service staff in addition to the Director, and of experts and consultants. Section 206 would also authorize the head of any Federal department or agency, upon request of the Goals Panel, to detail, on a reimbursable basis, any of their personnel to the Goals Panel.

PART B - NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

Section 211. Section 211 of the bill would set forth as the purpose of Part B the establishment of a mechanism for: (1) certifying voluntary national content and student performance standards that define what American students should know and be able to do; (2) certifying content and student performance standards submitted by States on a voluntary basis, if such standards are comparable in rigor and quality to the voluntary national content and student performance standards certified by the National Education Standards and Improvement Council ("NESIC"); (3) stimulating the development of several alternative, prototype, voluntary curricula that demonstrate diverse ways in which content standards in different subject areas can be integrated into a coherent instructional program for all students; (4) certifying voluntary national opportunity-tolearn standards that describe the conditions of teaching and learning necessary for all students to have a fair opportunity to achieve the knowledge and skills described in the voluntary national content and student performance standards certified by the NESIC; (5) certifying opportunity-to-learn standards submitted by States on a voluntary basis, if they are consistent with the voluntary national opportunity-to-learn standards; and (6) certifying systems of assessments submitted by States on a voluntary basis, if they are aligned with State content standards certified by NESIC and if they are valid, reliable, and fair when used for their intended purposes. Section 211 would also define the term "opportunity-to-learn standards" to include ways of measuring the extent to which such standards are being met.

Section 212. Section 212(a), (b), and (c) of the bill would establish in the Executive Branch a 20-member National Education Standards and Improvement Council appointed by the President from nominations submitted by the Goals Panel. Members of NESIC would include: (1) five professional educators, including elementary and secondary classroom teachers, preschool administrators and other school-based professionals, local district or State administrators, and other educators; (2) five representatives of business and industry and postsecondary educational institutions, including at least one representative of business and industry who is also a member of the National Skill Standards Board established in Title IV of this Act; (3) five representatives of the public, including representatives of advocacy and civil rights groups, parents, civic leaders, and local and State education policymakers (including State or local school boards); and (4) five education experts, including experts in measurement and assessment, curriculum, school finance and equity, and school reform. The Goals Panel would be required to submit to the President at least 15 nominations for each of the four categories of appointments. To the extent feasible, the membership of NESIC would be geographically representative of the United States and reflect the racial and ethnic diversity of the United States.

Section 212(d) would generally establish 3-year terms for NESIC members, except that initial appointments would be staggered to establish a rotation of membership. Section 212(d) would prohibit any member from serving more than two consecutive terms.

Section 212(e) would require that initial NESIC members be appointed not later than 120 days after the date of enactment of the Act.

Section 212(f) would require NESIC to begin its duties when all 20 members have been appointed.

Section 212(g) would require that NESIC members attend at least two-thirds of the scheduled meetings in any given year in order to retain their appointment.

Section 212(h) would require that a vacancy on NESIC be filled in the same manner as the original appointment.

Section 212(i) would authorize compensation, at a rate fixed by the Secretary (but not higher than the maximum rate of basic pay for GS-15) for NESIC members, while they attend NESIC to functions and while performing their duties away from home or the regular place of business.

Section 212(j) would set forth the allowed travel expenses, including per diem, for NESIC members.

Section 212(k) would require that officers of NESIC be selected from and by its members, and that those officers serve 1-year terms.

Section 213. Section 213 of the bill would set forth the duties of the NESIC.

Section 213(a) would set forth the duties of the NESIC regarding voluntary national content standards. Section 213(a) would require NESIC to identify areas in which voluntary national content standards need to be developed, certify voluntary national content and student performance standards that define what American students should know and be able to do, and forward such standards to the Goals Panel for approval. NESIC would be required to identify and develop criteria to be used for certifying such national content standards, and, before applying such criteria, forward them to the Goals Panel for approval. The criteria would have to address: (1) the extent to which the proposed standards are internationally competitive and comparable to the best in the world; (2) the extent to which the proposed standards reflect the best available knowledge about how all students learn and about how the content area can be most effectively taught; (3) the extent to which the proposed standards have been developed through an open and public process that provides for input and involvement of all relevant parties, including teachers and other professional educators, employers and postsecondary education institutions, curriculum and subject matter specialists, and the public; and (4) other factors it deems appropriate. In developing the criteria, NESIC would be required to work with entities that are developing, or have already developed, content standards, and other entities that it deems appropriate, to identify appropriate certification criteria.

Section 213(b) would authorize the Council to certify content and student performance standards presented on a voluntary basis by States, if such standards are comparable in rigor and quality to the voluntary national content and student performance standards certified by the Council.

Section 213(c) would set forth the duties of NESIC regarding voluntary national opportunity-to-learn standards. Section 213(c) would require NESIC to certify exemplary, voluntary opportunity-to-learn standards that establish a basis for providing all students with a fair opportunity to achieve the knowledge and skills prescribed by the voluntary national content standards certified by NESIC. The voluntary national opportunity-to-learn standards would be required to be sufficiently general to be adopted by any State without unduly restricting State and local prerogatives regarding instructional methods to be employed. Such opportunity-to-learn standards would have to address: (1) the quality and availability of curriculum, instructional materials, and technologies; (2) the capability of teachers to provide high-quality instruction in each content area; (3) the extent to which teachers and administrators have ready and continuing access to professional development, including the best knowledge about teaching, learning, and school improvement; (4) the extent to which curriculum, instructional practices, and assessments are aligned to content standards; and (5) other factors that NESIC deems appropriate to ensure that every student receives a fair opportunity to achieve the knowledge and skills described in the voluntary content and student performance standards certified by NESIC. NESIC would be required to forward the voluntary national opportunity-to-learn standards it certifies to the Goals Panel for approval. In carrying out its duties, NESIC would be required to: (1) identify what countries with rigorous content standards do to provide their children with opportunities to learn, prepare their teachers, and provide continuing professional development opportunities for their teachers; and (2) develop criteria to be used for certifying the voluntary national opportunity-to-learn standards and, before applying such criteria, forward them to the Goals Panel for approval. Section 213(c) would also require NESIC to assist in the development of the voluntary national opportunity-to-learn standards by: (1) making recommendations to the Secretary on the priorities and selection criteria for the award made under section 218; and (2) coordinating with the consortium receiving an award under section 218 to ensure that the opportunity-tolearn standards the consortium develops are of high quality and are consistent with the criteria developed by the Council for the certification of such standards.

Section 213(d) would require NESIC to certify opportunityto -learn standards presented on a voluntary basis by States, if they are consistent with the voluntary, national opportunity-tolearn standards.

Section 213(e) would set forth the duties of NESIC regarding assessments. Section 213(e) would require NESIC to certify a system of assessments presented on a voluntary basis by a State, if they are aligned with the State's content standards certified by NESIC. Section 213(e) would require systems of assessments to be certified by NESIC for the purpose of: (1) exemplifying for students, parents, and teachers the kinds and levels of achievement that should be expected, including the identification of student performance standards; (2) improving classroom instruction and improving the learning outcomes for all students; (3) informing students, parents, and teachers about student progress toward the standards; (4) measuring and providing incentives to individual students, schools, districts, States, and the Nation to improve educational performance; and (5) assisting education policymakers in making decisions about education programs. NESIC could certify a system of assessments only if it will not be used to make decisions regarding graduation, grade promotion, or retention of students for a period of five years from the date of enactment of this Act.

Section 213(e) would also require NESIC to develop and, no sooner than three years or later than four years after the enactment of this legislation, begin utilizing criteria for the certification of such assessment systems. Before using such criteria, NESIC would be required to forward the criteria to the Goals Panel for approval. The certification criteria developed by NESIC would be required to address the extent to which the assessment system: (1) is aligned with State content standards certified by the Council; (2) is to be used for a purpose that is valid, reliable, fair, and free of discrimination; and (3) includes all students, especially students with disabilities or with limited English proficiency. In determining appropriate certification criteria, NESIC would be required to: (1) consider standards and criteria being developed by other national organizations and recent research on assessment; (2) recommend needed research; (3) encourage the development and field testing of systems of assessments; and (4) provide a public forum for discussing, debating, and building consensus for the criteria to be used for the certification of assessment systems. Prior to determining the certification criteria, NESIC would have to take public comment on its proposed criteria.

Section 213(f) would require NESIC to: (1) work with other Federal and non-Federal agencies and organizations that are conducting research, studies, or demonstration projects to determine internationally competitive education standards and assessments and authorize NESIC to establish subject matter and other panels to advise it on particular student performance and opportunity-to-learn standards and on assessments; (2) establish cooperative arrangements with the National Skill Standards Board to promote the coordination of the development of content and student performance standards with the development of skill standards; (3) recommend studies to the Secretary that are necessary to carry out NESIC's responsibilities; (4) inform the public about what constitutes high-quality, internationally competitive, content, student performance, and opportunity-tolearn standards, and assessment systems; (5) on a regular basis, review and update criteria for certifying content, student performance, and opportunity-to-learn standards, and assessment systems; and (6) periodically recertify, as appropriate, the voluntary national content and student performance standards, and the voluntary national opportunity-to-learn standards that it certifies under this section.

Section 214. Section 214 of the bill would require NESIC to submit annual reports on its work to the President, the Secretary, the Congress, each Governor, and the Goals Panel.

Section 215. Section 215 of the bill would set forth the powers of the NESIC, including conducting hearings; securing information from Federal departments and agencies; using the United States mail in the same manner as Federal departments and agencies; accepting gifts; and using Federal, State, and local governmental equipment and facilities. Section 215 would also require the Secretary to provide NESIC, on a reimbursable basis, with administrative support services and, to the extent appropriate, and on a reimbursable basis, make contracts requested by NESIC to help it compile and analyze necessary data and carry out other functions necessary to the performance of its responsibilities.

Section 216. Section 216 of the bill would set forth administrative provisions for NESIC, including provisions related to meetings and quorums. Section 216(c) would require NESIC to take all actions by a majority vote of its total membership, ensuring the right of the minority to issue written views. Section 216(d) would require NESIC to ensure public access to its proceedings (other that proceedings, or portions of proceedings, relating to internal personnel and management matters) and make available to the public, at reasonable cost, transcripts of such proceedings.

Section 217. Section 217 of the bill would require the Chairperson of NESIC to appoint a Director, who could be paid without regard to the provisions of Title 5 of the United States Code, subject to a salary "cap" equal to the basic pay for level V of the Executive Schedule. Section 217 would provide authority for the hiring and paying of staff for NESIC, including not more than four excepted service staff in addition to the Director, and of experts and consultants. Section 217 would also authorize the head of any Federal department or agency, upon request of NESIC, to detail, on a reimbursable basis, any of their personnel to NESIC.

Section 218. Section 218 of the bill would authorize the Secretary to make a grant, on a competitive basis, to a consortium of individuals and organizations to develop voluntary national opportunity-to-learn standards. Section 218 would: (1) specify the entities that the consortium shall, to the extent possible, include; and (2) require any consortium desiring to receive a grant to submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. In establishing priorities and selection criteria for such grant, the Secretary would be required to give special consideration to the recommendations made by NESIC pursuant to section 213(c)(5)(A) of the bill.

Section 219. Section 219 of the bill would authorize the Secretary to make grants to States and local educational agencies to help defray the cost of developing, field testing, and evaluating assessments aligned to State content standards certified by the Council. Section 219 would require any State or local educational agency that desires to receive a grant under this section to submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. A grant recipient would be required to: (1) examine the validity, reliability, and fairness of an assessment, or system of assessments, for the particular purpose for which such assessment was developed; and (2) devote special attention to how an assessment, or system of assessments, treats all students, especially with regard to the race, gender, ethnicity, and language proficiency of such students. Section 219 also requires that an assessment, or system of assessments, developed and evaluated with funds under this section may not be used for decisions about individual students relating to program placement, promotion, or retention, graduation, or employment for a period of five years from the date of enactment of this Act.

PART C - AUTHORIZATION OF APPROPRIATION

Section 221. Section 221(a) of the bill would authorize $3 million to be appropriated for fiscal year 1994 and authorize such sums as may be necessary to be appropriated for each of the four succeeding fiscal years to carry out Part A of Title II.

Section 221(b) of the bill would authorize $3 million to be appropriated for fiscal year 1994 and authorize such sums as may be necessary to be appropriated for each of the four succeeding fiscal years to carry out Part B of Title II.

Section 221(c) would authorize $1 million to be appropriated for fiscal year 1994 and authorize such sums as may be necessary to be appropriated for fiscal year 1995 to carry out section 218 of Title II.

Section 221(d) of the bill would authorize $5 million to be appropriated for fiscal year 1994 and authorize such sums as may be necessary for each of the four succeeding fiscal years to carry out the Assessment Development and Evaluation Grants program under section 219 of Title II.

TITLE III -- STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

Section 301. Section 301 of the bill would set out the following congressional findings: (1) all students can learn to high standards and must realize their potential if the United States is to prosper; (2) the reforms in education of the last 15 years have achieved some good results, but these efforts often have been limited to a few schools or to a single part of the educational system; (3) leadership must come both from teachers, related services personnel, principals, and parents in individual schools and from policymakers at the local, State, tribal, and national levels, in order for lasting improvements in student performance to occur; (4) simultaneous top-down and bottom-up education reform is necessary to spur creative and innovative approaches by individual schools to help all students achieve internationally competitive standards; (5) strategies must be developed by communities and States to support the revitalization of all local public schools by fundamentally changing the entire system of education through comprehensive, coherent, and coordinated improvement; (6) parents, teachers and other local educators, and business, community, and tribal leaders must be involved in developing system-wide improvement strategies that reflect the needs of their individual communities; (7) State and local education improvement efforts must incorporate strategies for providing students and families with coordinated access to appropriate social services, health care, nutrition, and child care to remove preventable barriers to learning and enhance school readiness for all students; (8) States and local educational agencies (LEAs), working together, must immediately set about developing and implementing such system-wide improvement strategies if the Nation is to educate all children to meet their full potential and achieve the National Education Goals listed in Title I of this Act; (9) State and local systemic improvement strategies must provide all students with effective mechanisms and appropriate paths to the workforce as well as to higher education; (10) business should be encouraged to enter into partnerships with schools, provide information and guidance to schools on the needs of area business for properly educated graduates in general and on the need for particular workplace skills that the schools may provide, provide necessary material and support, and continue the lifelong learning process throughout the employment years of an individual; (11) the appropriate and innovative use of technology can be very effective in helping to bring all students the opportunity to learn and meet high standards; and (12) Federal funds should be targeted to support local and State initiatives, and to leverage local and State resources for designing and implementing system-wide improvement plans.

Section 302. Section 302 of the bill would state that it is the purpose of Title III of the bill to improve the quality of education for all students by supporting a long-term, broad-based effort to promote coherent and coordinated improvements in the system of education throughout the Nation at the local and State levels in order to meet the National Education Goals. This section would further provide that Title III provides new authorities and funding for the Nation's school systems and that it does not replace or reduce funding for existing Federal education programs. Finally, section 302 would express a congressional expectation that no State or local educational agency will reduce its funding for education or for education reform on account of receiving any funds under this title.

Section 303. Section 303 of the bill would authorize the appropriation of $393 million for the fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998, to carry out Title III.

Section 304. Section 304 of the bill would describe how funds appropriated under section 303 for any fiscal year would be used for various purposes and allotted to the States.

Under section 304(a)(1), the Secretary would be required to reserve a total of 1 percent of the Title III appropriation to provide assistance, in amounts determined by the Secretary, to the outlying areas and to the Secretary of the Interior to benefit Indian students in schools operated or funded by the Bureau of Indian Affairs. Section 304(a)(2) would permit the Secretary to reserve a total of up to 6 percent of the Title III appropriation for national leadership activities under section 312 of the bill, and for the costs of peer review of State improvement plans and applications under the program.

Under section 304(b), the Secretary would allot the remaining amount to the States as follows: (1) 50 percent of the remaining amount would be allocated in accordance with the relative amounts each State received under Chapter 1 of Title I of the Elementary and Secondary Education Act of 1965 (ESEA) for the preceding fiscal year; and (2) 50 percent of the remaining amount would be allocated in accordance with the relative amounts each State received through the State formula grant program under Chapter 2 of Title I of the ESEA for the preceding fiscal year.

Section 304(c) would direct the Secretary, if he determines that any amount of a State's allotment for any fiscal year will not be needed by the State, to reallot that amount to other States that need additional funds, in whatever manner the Secretary determines is appropriate.

Section 305. Section 305 of the bill would describe the process for States to apply for funds under Title III.

Section 305(a) would require the State educational agency (SEA) of any State desiring to receive a grant to submit an application to the Secretary at such time and in such manner as the Secretary may determine. In addition to the material described in subsections (b) and (c), each application would have to include an assurance that the SEA will cooperate with the Secretary in carrying out the Secretary's national leadership responsibilities under section 312 and comply with reasonable data collection requests of the Secretary; an assurance that State law provides adequate authority to carry out each component of the State's improvement plan developed, or to be developed under section 306, or that such authority will be sought; and other assurances and information that the Secretary may require.

Section 305(b) would require that a State's application for the first year of assistance under Title III: (1) describe the process by which the State will develop a school improvement plan that meets the requirements of section 306; and (2) describe how the State will use Title III funds for that year, including how it will make subgrants to LEAs and for teacher training.

Section 305(c) would provide for a succeeding multi-year application from each State, to be submitted before the second year of the program. Under section 305(c)(1), a State's second application would: (1) cover the second through fifth years of its participation; (2) include a copy of the State's improvement plan that meets the requirements of section 306 or, if the State plan is not complete, a statement of the steps it will take to complete the plan and a schedule for doing so; and (3) an explanation of how the State will use Title III funds, including how it will make subgrants to LEAs and for teacher training under section 308(b)(1).

Section 306. Section 306(a) of the bill would require any State that wishes to receive a Title III grant after its first year of participation to develop and implement a plan for the fundamental restructuring and improvement of elementary and secondary education in the State. This plan would have to address: (1) the establishment or adoption of challenging content and student performance standards for all students, and the use of curricula, instructional practices, assessments, technology, and professional preparation and development approaches appropriate to help students reach those standards, as more fully described in section 306(c); (2) the establishment or adoption of opportunity-to-learn standards that will define the conditions of teaching and learning that provide all students the opportunity to meet the challenging content and student performance standards, as more fully described in section 306(d); (3) needed changes in the governance and management of the education system in order to effectively focus schools on, and assist them in, preparing all students to meet the challenging State standards, as more fully described in section 306(e); (4) comprehensive strategies to involve communities, including parents, businesses, libraries, museums, employment and training

?]'?[3 >>[T&W

FFM\d

\pagencies, health and human service agencies, and other public and private agencies that provide social services, health care, child care, and nutrition to students, in helping all students meet the challenging State standards, as more fully described in section 306(f); (5) strategies for ensuring that all LEAs and schools within the State are involved in developing and implementing needed improvements within a specified period of time, as more fully described in section 306(g); and (6) strategies for ensuring that comprehensive, systemic reform is promoted from the bottom up in communities, LEAs, and schools, as more fully described in section 306(h).

Section 306(b)(1) would require that each State's improvement plan be developed by a broad-based panel in cooperation with the SEA and the Governor. The panel must include: (1) the Governor and the chief State school officer, or their designees; (2) the chairman of the State board of education and the chairmen of the appropriate authorizing committees of the State legislature, or their designees; (3) teachers, principals, and administrators who have successfully improved student performance; (4) representatives of teachers' organizations, parents, business and labor leaders, community-based organizations, local boards of education, State and local officials responsible for health, social services, and other related services, including local school board members, parents, and others, as appropriate; and (5) representatives from rural and urban LEAs in the State.

Under section 306(b)(2), the Governor and the chief State school officer (CSSO) would each appoint half the members of the State panel and would jointly select the Chairperson of the panel. Section 306(b)(3) would require that the panel be geographically representative of the State and reflect the racial and ethnic diversity of the population of the State. Section 306(b)(4) would direct the panel to consult the Governor, the CSSO, the State board of education, and relevant committees of the State legislature in developing the plan.

Under section 306(b)(5), the panel would be responsible for conducting a statewide, grass-roots outreach process, including conducting public hearings, to involve educators, parents, local officials, community and business leaders, citizens, children's advocates, and others with a stake in the success of students and their education system, and who are representative of the diversity of the State and its student population, in the development of the State plan and in a continuing dialogue regarding the need for and nature of challenging standards for students and local and State responsibilities for helping all students achieve them.

Section 306(b)(6) would require the panel to develop a continuing process for interacting with LEAs and individual schools engaged in systemic reform, especially including those LEAs and schools receiving subgrants under section 309 of the Act, to ensure that the development and implementation of the State plan reflects their needs and experiences.

Section 306(b)(7) would require the panel to develop a State plan, provide opportunity for public comment, and submit the State plan to the SEA for approval. Under section 306(b)(8), the SEA would submit the State's plan, together with an explanation of any changes made by the SEA to the plan developed by the panel, to the Secretary for approval. If any portion of the State's plan addresses matters that, under State or other applicable law, are not under the authority of the SEA, section 306(b)(9) would require the SEA to obtain the approval of, or changes to, such portion from the Governor or other responsible official before submitting the plan to the Secretary.

After the Secretary has approved a State's plan, section 306(b)(10) would require the panel, in close consultation with teachers, principals, administrators, and parents, to monitor the implementation and effectiveness of the State plan to determine if revisions to the plan are appropriate, and to periodically report its findings to the public.

Section 306(c) would provide that, in the area of teaching, learning, standards, and assessments, each State plan must establish strategies for improving teaching and learning, including: (1) a process for developing or adopting challenging content and student performance standards for all students; (2) a process for providing assistance and support to local educational agencies and schools to give them the capacity and responsibility to provide all of their students the opportunity to meet challenging State content and student performance standards; (3) a process for developing, adopting, or recommending instructional materials and technology to support and assist local educational agencies and schools to provide all of their students the opportunity to meet the challenging State content and student performance standards; (4) a process for developing and implementing a valid and non-discriminatory assessment system or set of locally-based assessment systems that is capable of providing coherent information about student attainments relative to the State content standards. The process shall also provide for monitoring the implementation of such system or systems and the impact on improved instruction for all students; (5) a process for improving the State's system of teacher and school administrator preparation, licensure, and continuing professional development so that all teachers, related services personnel, and administrators develop the subject matter and pedagogical expertise needed to prepare all students to meet the challenging standards under paragraph (1); (6) a process for providing appropriate and effective professional development, including the use of technology, necessary for teachers, school administrators, and others to help all students meet the challenging standards under paragraph (1); and (7) a process to ensure widespread participation of classroom teachers in developing the portions of the plan described in this subsection.

Section 306(d) of the bill would provide that, in the area of opportunity-to-learn standards, each State plan must establish a strategy and a timetable for: (1) adopting or establishing opportunity-to-learn standards; (2) ensuring that every school in the State achieves the State's opportunity-tolearn standards; (3) ensuring that the State's opportunity-tolearn standards address the needs of all students; and (4) periodically reporting to the public on the extent of the State's improvement in achieving such standards and providing all students with a fair opportunity to achieve the knowledge and skill levels that meet the State's content and student performance standards.

Section 306(e) would provide that, in the area of governance and management, each State plan must establish strategies for improved governance and management of its education system, such as: (1) aligning responsibility, authority, and accountability throughout the education system, so that decisions regarding content and student performance standards are coordinated and decisions regarding the means for achieving them are made closest to the learners; (2) creating an integrated and coherent approach to attracting, recruiting, preparing and licensing, appraising, rewarding, retaining, and supporting the continued professional development of teachers, administrators, and other educators, including bilingual educators, so that there is a highly talented workforce of professional educators capable of preparing all students to reach challenging standards, with special attention to the recruitment, training, and retention of qualified minorities into the education profession within the State to ensure that it reflects the racial and ethnic diversity of the student population; (3) providing incentives for high performance by students, teachers and other educators, schools, and LEAs; (4) increasing the proportion of State and local funds allocated to direct instructional purposes; and (5) increasing flexibility for local districts and schools by, for example, waiving State regulations and other requirements that impede educational improvement; focusing accountability on educational outcomes rather than monitoring compliance with input requirements; and fostering conditions that allow teachers, principals, and parents in the school community to be creative in helping their students meet challenging standards.

Section 306(f) would provide that, in the area of parental and community support and involvement, each State plan must describe strategies for how the State will develop support for, and help implement its plan such as: (1) educating the public about the need for higher standards and systemic improvement; (2) involving parents and communities in the State's standard-setting and improvement process; (3) reporting, on an ongoing basis, to parents, educators, and the public on the State's progress in implementing the plan and improving student performance; (4) focusing public and private community resources and public school resources on prevention and early intervention to address the needs of all students by identifying and removing unnecessary regulations and obstacles to coordination; improving communication and information exchange; and providing appropriate training to agency personnel; and (5) increasing the access of all students to social services, health care, nutrition, and child care services, and locating such services in schools, cooperating service agencies, community-based centers, or other convenient sites designed to provide "one-stop shopping" for parents and students.

Section 306(g) would provide that, in order to help provide all students throughout the State the opportunity to meet challenging State standards, each State plan must describe strategies such as: (1) ensuring that the improvement efforts expand from the initial LEAs, schools, and educators involved to all LEAs, schools, and educators in the State education system through such approaches as teacher and administrator professional development; technical assistance; whole school projects; intensive summer training; and networking of teachers and other educators, consortia of schools, and LEAs undertaking similar improvements; (2) developing partnerships among preschools, elementary and secondary schools, institutions of higher education, health and social service providers, and employers to improve teaching and learning at all levels of the education system and to foster collaboration and continuous improvement; (3) strategies to provide for the close coordination of standards development and improvement efforts among institutions of higher education and secondary, middle, and elementary schools; (4) conducting outreach programs aimed at parents whose language is a language other than English, and other special populations, including Native Americans, to involve all segments of the community in the development of the State plan; (5) developing partnerships with tribes and BIA-funded schools, where appropriate, to improve consistency and compatibility in curriculum among public and BIA-funded schools at all grade levels; (6) allocating all available local, State, and Federal resources to achieve system-wide improvement; (7) providing for the development of objective criteria and measures against which the success of local plans will be evaluated; (8) providing for the availability of curricular materials, learning technologies, and professional development in a manner ensuring equal access by all LEAs in the State; (9) taking steps to ensure that all LEAs, schools, and educators in the State benefit from successful programs and practices supported by funds made available to LEAs and schools under this title; and (10) providing remedial assistance to students, teachers, schools, and LEAs that are identified through the assessment system developed under subsection (c)(4) as needing such assistance.

Section 306(h) would require that each State plan include strategies for ensuring that comprehensive, systemic reform is promoted from the bottom up in communities, local educational agencies and schools, as well as guided by coordination and facilitation from State leaders, including strategies such as: (1) ensuring that the State plan is responsive to the needs and experiences of LEAs, schools, teachers, and community leaders; (2) establishing mechanisms for continuous input from local schools, communities, colleges, and school districts into, and feedback on, the implementation of the State plan; (3) providing discretionary resources that enable teachers and schools to purchase needed professional development and other forms of assistance consistent with their improvement plan from high-quality providers of their choice; (4) establishing collaborative networks of teachers centered on content standards and assessments for the purpose of improving teaching and learning; (5) providing flexibility to individual schools and LEAs to enable them to adapt and integrate State content standards into courses of study appropriate for individual schools and communities; (6) facilitating the provision of waivers from State rules and regulations that local educational agencies or schools believe would promote innovation and enhance school performance; and (7) facilitating communication among educators within and between districts for the purpose of sharing innovative and effective practices, including through the use of telecommunications, site visits, and other means.

Section 306(i) would provide that each State plan must include specific benchmarks of improved student performance and of progress in implementing the improvement plan, and timelines against which the progress of the State in carrying out its plan, including the elements described in subsections (c) through (h), can be measured.

Under section 306(j), the Secretary would review each State improvement plan prepared under section 306, and each application submitted under section 305, with the assistance and advice of State and local education policymakers, educators, classroom teachers, experts on educational innovation and improvement, and other appropriate individuals. The review process would be representative of the geographic, racial, and cultural diversity of the United States and would include at least one site visit to each State.

Section 306(j) would also direct the Secretary to approve a State's plan when he determines, after considering the peer reviewers' comments, that it reflects a widespread commitment within the State and holds reasonable promise of helping all students. The Secretary could not disapprove a State's plan, or a State application submitted under section 305, before offering the State an opportunity to revise its plan or application and a hearing.

Section 306(k) would require each State to periodically review its plan and revise it, as appropriate, following the same process, described in section 306(b), it used to develop the plan. Similarly, the Secretary would review major amendments to a State's improvement plan through the same process, described in section 306(j), used to review the original plan.

Section 306(l)(1) would provide that if a State has developed a comprehensive and systemic improvement plan to help all students meet challenging standards, or any component of such a plan, that otherwise meets the requirements of section 306, the Secretary could approve the plan or that component even if it was not developed through the procedures described in section 306(b), if the Secretary determines that such approval would further the purposes of the State systemic education improvement. Similarly, section 306(b)(2) would provide that if before the enactment of the bill, a State has made substantial progress in developing a plan that otherwise meets, or is likely to meet, the requirements of section 306, but was developed by a panel that does not meet the requirements of subsection (b)(1) - (3), the Secretary may, at the request of the Governor and the SEA, treat that panel as meeting those requirements for all purposes of Title III if the Secretary determines that there has been substantial public involvement in the development of the plan.

Section 307. Section 307 of the bill would describe the standards by which the Secretary reviews a State's applications under Title III. Section 307(a) would require the Secretary to approve the State's initial year application under section 305(b) if the Secretary determines that: (1) it meets the requirements of Title III; and (2) there is a substantial likelihood that the State will be able to develop and implement an education improvement plan that complies with section 306.

Under section 307(b), the Secretary would approve the State's renewal application for years two through five only if the Secretary has approved the State's improvement plan, or the Secretary determines that the State has made substantial progress in developing its plan, and the application meets the other requirements of Title III.

Section 307(c) would direct the Secretary to make a grant to the SEA for any fiscal year for which the State has an approved application. The amount of each State's grant is determined under section 304(b).

Section 308. Section 308 of the bill would describe how a State would use funds granted under Title III. Section 308(a) would provide that, in the first year for which a State receives a grant, the State would have to use at least 50 percent of the grant to make subgrants to LEAs for the development or implementation of local improvement plans and to make subgrants for teacher training, if the amount allocated to States under section 304(b) for that fiscal year is $100 million or more. If that amount is less than $100 million, the State would be permitted, but not required to make subgrants. The State would use the remainder of its grant to develop, revise, expand, or implement its education improvement plan.

Section 308(b) would require a State to use at least 85 percent of its grant in the second and succeeding years to make subgrants to LEAs for the local implementation of the State improvement plan and of local improvement plans that are consistent with the State improvement plan, and to make subgrants for teacher training. The State would use any remaining grant funds for State activities designed to implement its improvement plan. Such activities could include: (1) supporting the development or adoption of State content and student performance standards, State opportunity-to-learn standards, and assessment tools linked to the standards; (2) supporting the implementation of high-performance management and organizational strategies to promote effective implementation of the State plan; (3) supporting the development and implementation, at the LEA and school building level, of improved human resource development systems for recruiting, selecting, mentoring, supporting, evaluating, and rewarding educators; (4) providing special attention to the needs of minority and female students; (5) supporting the development, at the State or local level, of performance-based accountability and incentive systems for schools; (6) outreach to parents, tribal officials, classroom teachers and other educators, and the public related to education improvement; (7) providing an array of technical assistance and other services to increase the capacity of LEAs and schools to develop and implement local systemic improvement plans, implement new assessments, and develop curricula consistent with the State's content and student performance standards; (8) promoting public magnet schools, public "charter schools", and other mechanisms for increasing choice among public schools; and (9) collecting and analyzing data.

Section 308(c) would limit each State's use of its grant funds for administrative expenses to four percent of its annual allotment, or $100,000, whichever is greater. The activities of the panel established under section 306(b)(1) to develop the State's plan would not be subject to this limit.

Section 309. Section 309 of the bill would describe how subgrants would be made to LEAs and for teacher training, and how LEAs and other recipients would use those subgrants. Subsection (a)(1) would require each State to make subgrants to LEAs through a competitive process. Each subgrant would have to be for a project of sufficient duration and of sufficient size, scope, and quality to carry out the program purpose effectively.

Section 309(a)(2) would require each LEA wishing to receive a subgrant to submit an application to the SEA that: (1) is developed by a broad-based panel, appointed by the LEA, that is representative of the racial, language, ethnic, and socioeconomic diversity of the students and community and includes teachers, parents, school administrators, business representatives, and others, as appropriate, and is approved by the LEA, with any modifications the LEA deems appropriate; (2) includes, not later than the beginning of the second year for which assistance is sought, a comprehensive local plan for district-wide education improvement, directed at enabling all students to meet the State's challenging content and student performance standards, including specific goals and benchmarks, that is consistent with the State's improvement plan (either approved or under development), and that addresses each of the main topics required of State plans by section 306; (3) describes how the LEA will encourage and assist schools to develop comprehensive school improvement plans; (4) describes how the LEA will implement specific programs aimed at ensuring improvements in school readiness and the ability of students to learn effectively at all grade levels by identifying the most pressing needs facing students and their families with regard to social services, health care, nutrition, and child care, and entering into partnerships with public and private agencies to increase the access of students and families to coordinated services in a school setting or at a nearby site; (5) describes how the subgrant funds would be used by the local educational agency, and the procedures to be used to make funds available to schools in accordance with paragraph (4)(A); (6) identifies, with an explanation, any State or Federal requirements that the local educational agency believes impede educational improvement and that it requests be waived in accordance with section 310, which requests shall promptly be transmitted to the Secretary by the SEA; and (7) contains such other information as the SEA may reasonably require. If the LEA's application is approved, the local panel would be required to monitor the implementation and effectiveness of the local improvement plan, in close consultation with teachers, principals, administrators, and parents from affected schools, to determine if revisions to the local plan should be recommended to the LEA. The panel would be required to make its findings public.

Section 309(a)(4) would permit an LEA to use up to 25 percent of its first year subgrant funds to develop a local improvement plan or for any activities approved by the SEA that are reasonably related to carrying out the State or local improvement plans. The LEA would have to use at least 75 percent of the first year subgrant to support individual school improvement initiatives directly related to providing all students in the school the opportunity to meet challenging State content and student performance standards. Subgrant funds in succeeding years could be used for any activities approved by the SEA that are reasonably related to carrying out the State or local improvement plans, except that at least 85 percent of these funds in each year would have to be made available to individual schools to develop and implement school improvement plans designed to help all students meet challenging standards. Finally, at least half the funds made available by an LEA to individual schools in any year would have to be made available to schools with a special need for such assistance, as indicated by a high number or percentage of students from low-income families, low student achievement, or other similar criteria developed by the LEA.

Section 309(b)(1) of the bill would require each State to make subgrants, on a competitive, peer-reviewed basis, to consortia of LEAs, institutions of higher education, private nonprofit organizations, or combinations of these entities, to improve preservice teacher education programs, consistent with the State plan; and to support continuing, sustained professional development activities for educators consistent with the State improvement plan. A consortium seeking a subgrant for preservice activities must include at least one LEA and one institution of higher education, and a consortium seeking a subgrant for continuing professional development activities must include at least one LEA.

Section 309(b)(2) would require each consortium that wishes to receive one of these subgrants to submit an application that describes how it will use the subgrant to improve teacher preservice and school administrator education programs or to implement educator professional development activities consistent with the State plan; identifies the criteria to be used by the applicant to judge improvements in preservice education or the effects of professional development activities consistent with the State plan; and contains any other information that the SEA determines is appropriate.

Section 309(b)(3) would direct a recipient of such a subgrant to use those funds for activities supporting: (1) the improvement of preservice teacher education and school administrator programs so that such programs equip educators with the subject matter and pedagogical expertise necessary for preparing all students to meet challenging standards; or (2) the development and implementation of new and improved forms of continuing and sustained professional development opportunities for teachers, principals, and other educators at the school or district level that equip educators with such expertise, and with other knowledge and skills necessary for leading and participating in continuous education improvement.

Section 309(c) of the bill would require each SEA to award at least 50 percent of LEA subgrant funds under section 309(a) in each fiscal year to LEAs that have a greater percentage or number of disadvantaged children than the statewide average percentage or number for all LEAs in the State. The SEA could waive this requirement if it did not receive a sufficient number of applications to comply with it.

Section 310. Section 310 of the bill would permit the Secretary to waive statutory and regulatory requirements of certain programs administered by the Secretary, in conjunction with a State improvement plan approved under Title III. In general, section 310(a) would authorize the Secretary to waive any such requirement at the request of the State, an LEA, or a school if, and only to the extent that, the Secretary determines that the requirement impedes the ability of the State, or of an LEA or school in the State, to carry out the State or local education improvement plan. The SEA must also have waived, or agreed to waive, similar requirements of State law. If the SEA requests a statewide waiver of a requirement, the SEA must provide all LEAs in the State with notice and an opportunity to comment on the SEA's proposal to seek that waiver, and must submit the LEAs' comments to the Secretary. The Secretary would be required to act promptly on a waiver request. Each waiver would be for a period not to exceed three years. The Secretary could extend the period of a waiver if the Secretary determines that the waiver has been effective in enabling the State or affected LEAs to carry out their reform plans.

Section 310(b) identifies the following statutes as subject to this waiver authority: (1) Chapter 1 of Title I of the ESEA, including the Even Start Act; (2) Part A (State Grants) of Chapter 2 of Title I of the ESEA; (3) the Dwight D. Eisenhower Mathematics and Science Education Act (Title II, Part A of the ESEA); (4) the Emergency Immigrant Education Act of 1984 (Title IV, Part D of the ESEA); (5) the Drug-Free Schools and Communities Act of 1986 (Title V of the ESEA); and (6) the Carl D. Perkins Vocational and Applied Technology Education Act.

Section 310(c) would prohibit the Secretary from waiving any statutory or regulatory requirement of the programs listed in subsection (b) relating to: (1) maintenance of effort; (2) comparability of services; (3) the equitable participation of students attending private schools; (4) parental participation and involvement; or (5) the distribution of funds to States or to LEAs.

Section 310(d) would direct the Secretary periodically to review the performance of any State, LEA, or school for which he has granted a waiver and to terminate the waiver if he determines that the performance of the State, LEA, or school in the area affected by the waiver has been inadequate to justify a continuation of the waiver.

Section 311. Section 311(a) of the bill would require each SEA that receives funds under Title III to report annually to the Secretary on the State's progress in meeting its goals and plans, on the State's proposed activities for the succeeding year, and, in summary form, on the progress of LEAs in meeting local goals and plans.

Section 311(b) would require the Secretary to submit a report to Congress by April 30, 1996, and every two years thereafter. The report would describe the activities and outcomes of grants under: (1) section 219 of the Act, including a description of the purpose, uses, and technical merit of assessments evaluated with funds under that section; and an analysis of the impact of such assessments on the performance of students, particularly those of different racial, gender, ethnic, or language groups; and (2) Title III, including a description of the effect of waivers granted under section 310.

Section 312. Section 312(a) of the bill would authorize the Secretary to use funds reserved under section 304(a)(2)(A) to provide technical assistance to States and to LEAs developing or implementing school improvement plans, in a manner that ensures that each such State has access to such assistance; to gather data on, conduct research on, and evaluate systemic education improvement, including Title III programs; and to disseminate research findings and other information on systemic education improvement.

Section 312(b) would require the Secretary to use at least 50 percent of the funds so reserved to make grants, consistent with those provisions of section 309(a) that the Secretary finds appropriate, to urban and rural LEAs with large numbers or concentrations of students who are economically disadvantaged or who have limited English proficiency, to assist those agencies develop and implement local school improvement plans.

Section 313. Section 313(a) of the bill would provide that funds reserved for the outlying areas under section 304(a)(1)(A) shall be made available to, and expended by, those areas, under the conditions and in the manner the Secretary determines will best meet the purposes of the program. This section would make Public Law 95-134, which permits the consolidation of certain grants to the Insular Areas, inapplicable to funds received by those areas under this program. The need for fundamental educational improvement throughout the Nation is sufficiently important to require that funds appropriated to promote such improvement be spent for that purpose.

Section 313(b) of the bill would provide that funds reserved by the Secretary for the Secretary of the Interior under section 304(a)(1)(B) shall be made available to the Secretary of the Interior pursuant to an agreement between the two Secretaries containing such terms and assurances, consistent with Title III, as the Secretary of Education determines will best achieve the purpose of the program.

Section 313(c) would direct the Secretary of Education to consult with the Secretary of Defense to ensure that, to the extent practicable, the purposes of Title III are applied to the Department of Defense schools.

TITLE IV -- NATIONAL SKILL STANDARDS BOARD

Section 401 describes the purpose of title IV as stimulating the development and adoption of a voluntary national system of skill standards and certification to serve as a cornerstone of the national strategy to enhance workforce skills. This section also identifies how various stakeholders will be able to use the skill standards system. Section 401(1) states that the standards can be used by the Nation to ensure the development of a high skills, high quality, high performance workforce that will increase productivity, economic growth and American economic competitiveness. Section 401(2) provides that industries can use the standards as a vehicle for informing training providers and prospective employees of the skills necessary for employment. Section 401(3) indicates that employers can use the standards to assist in evaluating the skill levels of prospective employees and to assist in the training of current employees. Section 401(4) states that labor organization can use the standards to enhance the employment security of workers by providing portable credentials and skills. Section 401(5) provides that workers can use the standards to obtain certification of their skills which will protect against dislocation, facilitate career advancement, and enhance their ability to re-enter the workforce. Section 401(6) indicates that students and entry-level workers can use the standards to determine the skill levels and competencies needed to be obtained in order to compete for high wage jobs. Section 401(7) states that the standards can be used by training providers to determine appropriate training services to offer. Section 401(8) provides that the government can use the standards to protect the integrity of public expenditures by ensuring employment-related training meets industry standards where such standards exist. Finally, section 401(9) indicates that the standards can be used to facilitate linkages between other components of the national workforce investment strategy, including school-to-work and job training programs.

Section 402(a) would provide for the establishment of a National Skill Standards Board.

Section 402(b) would provide that the National Board is to be composed of 28 members, which would include the Secretaries of Labor, Education and Commerce, the Chairperson of the National Education Standards and Improvement Council established under title II of this Act, 8 members who are representatives of business and industry, 8 members who are representatives of organized labor, and 8 members who are representatives of educational institutions, technical associations, community-based organizations and State governments. Of the business, labor, and educational representatives, one-half (12) are to be appointed by the President (4 from each group), and one-half by the Congress, with the Speaker of the House appointing 2 from each group (for a total of 6) based on recommendations of the Majority and Minority Leaders, and the President pro tempore of the Senate also appointing 2 from each group (for a total of 6) upon Majority and Minority Leader recommendations. The terms of the members in each of these 3 classes of representatives is to be four years. However, in order to provide continuity the initial terms are staggered, with half the members appointed for a three-year term and half for the full four-year term.

Section 402(c) would provide that the Chairperson is to be elected biennially from among the members of the National Board by a majority vote. The National Board is also to annually elect three Vice Chairpersons, one from the business representatives, one from the organized labor representatives, and one from the educational/State/Community-based organization representatives.

Section 402(d) would provide that the members of the National Board who are not regular Federal employees are to serve without compensation, but are to receive travel expenses.

Section 402(e) would provide that the Chairperson of the Board is to appoint an Executive Director, who may be compensated at a level determined by the National Board that does not exceed level V of the Federal Executive Schedule, and who may appoint such staff as is necessary.

Section 402(f) would authorize the National Board to accept gifts and voluntary services.

Section 402(g) would authorize the National Board to use the facilities and services of Federal agencies with their consent, and would authorize the heads of Federal agencies, upon the request of the National Board, to detail personnel to the National Board to assist in carrying out this title.

Section 403 describes the functions of the National Board. Section 403(a) would require the National Board to identify broad clusters of major occupations involving one or more than one industry in the U.S.

Section 403(b) would provide that with respect to each occupational cluster identified by the National Board, the National Board is to encourage, promote and assist in the development and adoption of a national voluntary skill standards system. This system would include five components. First, the National Board is to promote the development and adoption of skill standards that, at a minimum: take into account standards used in other countries; take into account content and performance standards certified pursuant to title II; take into account the requirements of high performance work organizations; are in a form that allows regular updating; are formulated in a manner that will promote transferability of credit for students, trainees and employers among firms and labor markets; and are not discriminatory with respect to race, gender, age, ethnicity, disability or national origin. Second, the National Board is to promote the development and adoption of a system of assessment and certification of the attainment of skill standards, which at a minimum are to: take into account methods used in other countries; utilize a variety of evaluation techniques, including oral and written evaluations, portfolio assessments, and appropriate performance tests; include methods for validating the fairness and effectiveness of the assessment and certification system; and utilize certification techniques designed to avoid diparate impacts against individuals based on race, gender, age, ethinicity, disability or national origin. Third, the National Board is to promote the development of a system to evaluate the implementation of the skill standards, and assessment and certification systems. Fourth, the National Board is to encourage the development and adoption of a system that will promote the use of and disseminate information relating to skill standards, and assessment and certification systems. Finally, the National Board is to promote the development and adoption of a system to periodically revise and update the skill standards, and assessment and certification systems that will take into account changes in standards in other countries.

Section 403(c) would provide that, in carrying out these functions, the National Board is to invite and obtain the full and balanced participation of: representatives of business and industry, including trade associations that received demonstration grants to develop skill standards prior to the enactment of this title; employee representatives consisting of individuals recommended by national labor organizations and such other individuals who are nonmanagerial employees and whose participation is appropriate given the nature and structure of employment in an occupation or industry; and representatives of educational institutions, technical associations, community-based organizations and State governments. The representatives described above are to have expertise in the area of workforce skill requirements. The National Board may also invite the participation of other individuals the National Board deems to be independent, qualified experts in their fields.

Section 403(d) would provide that the National Board is to endorse those skill standards, assessment and certification systems and other systems described in section 403(b) if such standards and systems meet the requirements of section 403 and are appropriate for an occupation or industry.

Section 403(e) would impose a limitation that the National Board is not to promote the development of skill standards, solicit the participation of representatives, or approve standards relating to any occupation or trade within the construction industry for which recognized apprenticeship standards have been jointly developed by labor and management representatives and are being used to train workers unless labor and management representatives of that occupation or trade and representatives of the certified apprenticeship programs within that occupation or trade jointly request the assistance of the National Board.

Section 403(f) would require the National Board to establish cooperative arrangements with the National Education Standards and Improvement Council to promote the coordination of the development of skill standards with the development of content and performance standards developed under title II of this Act.

Section 403(g) would provide that in order to support the development of skill standards the National Board is to carry out additional duties. These duties include: conducting workforce research and making such research available to the public; identifying and maintaining a catalog of skill standards used by other countries and by States and leading firms within the U.S.; serving as a clearinghouse to facilitate the sharing of information on the development of skill standards; developing a common nomenclature relating to skill standards; encouraging the development and adoption of curricula and training materials for attaining skill standards; providing appropriate technical assistance; and developing long-term strategic plans relating to the development and utilization of skill standards.

Section 403(h) would authorize the Secretary of Labor, from funds appropriated under section 406, to award grants or enter into contracts and other arrangements requested by the National Board to carry out the purposes of title IV.

Section 404 would require that no later than December 31, 1995, the National Board identify occupational clusters that represent a substantial portion of the workforce and ensure the development of an initial set of skill standards for those clusters, to be updated as appropriate.

Section 405 would require that the National Board submit to the President and the Congress each fiscal year a report on the activities conducted under this title. Each report is to include a description of the extent to which skill standards have been adopted by employers, training providers and other entities and an assessment of the effectiveness of the skill standards in accomplishing the purposes of this title.

Section 406 would authorize an appropriation of $15 million in FY 1994 and such amounts as may be necessary for FY 1995-99 to carry out this title. This section would also provide that the amounts appropriated under this title are to remain available until expended.

TITLE V--MISCELLANEOUS

Section 501. Section 501 of the bill would define the terms "content standards", "Governor", "outlying areas", "performance standards", "school", "Secretary", and "State" for purposes of the Act, and would incorporate the definitions of "local educational agency" and "State educational agency" from Chapter 1 of Title I of the ESEA.

Section 502. Section 502 of the bill would provide that no funds provided under Titles II or III of the Act shall be used to undertake assessments that will be used to make decisions regarding the graduation, grade promotion, or retention of students for five years from the date of enactment of the Act.