(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS AND GOVERNMENTAL ENTITIES.-Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school.

(2) CONCERNING CORPORAL PUNISHMENT.-Nothing in this subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of corporal punishment.

SEC. 2367. [20 U.S.C. 6737] ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

(a) GENERAL RULE.-In any civil action against a teacher, based on an act or omission of a teacher acting within the scope of the teacher's employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b).

(b) AMOUNT OF LIABILITY.—

(1) IN GENERAL.

(A) LIABILITY.-Each defendant who is a teacher shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.

(B) SEPARATE JUDGMENT.-The court shall render a separate judgment against each defendant in an amount determined pursuant to subparagraph (A).

(2) PERCENTAGE OF RESPONSIBILITY.-For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of each person responsible for the claimant's harm, whether or not such person is a party to the action.

(c) RULE OF CONSTRUCTION.-Nothing in this section shall be construed to preempt or supersede any Federal or State law that further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this section.

SEC. 2368. [20 U.S.C. 6738] EFFECTIVE DATE.

(a) IN GENERAL.-This subpart shall take effect 90 days after the date of enactment of the No Child Left Behind Act of 2001.

(b) APPLICATION.-This subpart applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date of the No Child Left Behind Act of 2001 without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.

PART D-ENHANCING EDUCATION THROUGH

TECHNOLOGY

SEC. 2401. [20 U.S.C. 6751] SHORT TITLE.

This part may be cited as the "Enhancing Education Through Technology Act of 2001".

SEC. 2402. [20 U.S.C. 6752] PURPOSES AND GOALS.

(a) PURPOSES.-The purposes of this part are the following:

(1) To provide assistance to States and localities for the implementation and support of a comprehensive system that effectively uses technology in elementary schools and secondary schools to improve student academic achievement.

(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in schools served by high-need local educational agencies.

(3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and maintenance of an effective educational technology infrastructure in a manner that expands access to technology for students (particularly for disadvantaged students) and teachers.

(4) To promote initiatives that provide school teachers, principals, and administrators with the capacity to integrate technology effectively into curricula and instruction that are aligned with challenging State academic content and student academic achievement standards, through such means as highquality professional development programs.

(5) To enhance the ongoing professional development of teachers, principals, and administrators by providing constant access to training and updated research in teaching and learning through electronic means.

(6) To support the development and utilization of electronic networks and other innovative methods, such as distance learning, of delivering specialized or rigorous academic courses and curricula for students in areas that would not otherwise have access to such courses and curricula, particularly in geographically isolated regions.

(7) To support the rigorous evaluation of programs funded under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that timely information on the results of such evaluations is widely accessible through electronic means.

(8) To support local efforts using technology to promote parent and family involvement in education and communication among students, parents, teachers, principals, and administrators.

(b) GOALS.

(1) PRIMARY GOAL.-The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools.

(2) ADDITIONAL GOALS.-The additional goals of this part are the following:

(A) To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, regardless of the student's race, ethnicity, gender, family income, geographic location, or disability.

(B) To encourage the effective integration of technology resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as

best practices by State educational agencies and local educational agencies.

SEC. 2403. [20 U.S.C. 6753] DEFINITIONS.

In this part:

(1) ELIGIBLE LOCAL ENTITY.-The term "eligible local entity" means

(A) a high-need local educational agency; or

(B) an eligible local partnership.

(2) ELIGIBLE LOCAL PARTNERSHIP.-The term "eligible local partnership" means a partnership that—

(A) shall include at least one high-need local educational agency and at least one

(i) local educational agency that can demonstrate that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant research, and that the integration results in improvement in

(I) classroom instruction in the core academic subjects; and

(II) the preparation of students to meet challenging State academic content and student academic achievement standards;

(ii) institution of higher education that is in full compliance with the reporting requirements of section 207(f) of the Higher Education Act of 1965 and that has not been identified by its State as low-performing under section 208 of such Act;

(iii) for-profit business or organization that develops, designs, manufactures, or produces technology products or services, or has substantial expertise in the application of technology in instruction; or

(iv) public or private nonprofit organization with demonstrated experience in the application of educational technology to instruction; and

(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term "high-need local educational agency" means a local educational agency that

(A) is among the local educational agencies in a State with the highest numbers or percentages of children from families with incomes below the poverty line; and

(B)(i) operates one or more schools identified under section 1116; or

(ii) has a substantial need for assistance in acquiring and using technology.

SEC. 2404. [20 U.S.C. 6754] AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.-There are authorized to be appropriated to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years.

(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND NATIONAL INITIATIVES.-The amount of funds made available under subsection (a) for a fiscal year shall be allocated so that

(1) not less than 98 percent is made available to carry out subpart 1; and

(2) not more than 2 percent is made available to carry out subpart 2.

(c) ALLOCATION OF FUNDS FOR STUDY.-Of the total amount of funds allocated under subsection (b)(2) for fiscal years 2002 through 2007, not more than $15,000,000 may be used to carry out section 2421(a).

(d) LIMITATION. Of the amount of funds made available to a recipient of funds under this part for a fiscal year, not more than 5 percent may be used by the recipient for administrative costs or technical assistance, of which not more than 60 percent may be used by the recipient for administrative costs.

Subpart 1-State and Local Technology Grants

SEC. 2411. [20 U.S.C. 6761] ALLOTMENT AND REALLOTMENT.

(a) RESERVATIONS AND ALLOTMENT.-From the amount made available to carry out this subpart under section 2404(b)(1) for a fiscal year

(1) the Secretary shall reserve

(A) three-fourths of 1 percent for the Secretary of the Interior for programs under this subpart for schools operated or funded by the Bureau of Indian Affairs;

(B) one-half of 1 percent to provide assistance under this subpart to the outlying areas; and

(C) such sums as may be necessary for continuation awards on grants awarded under section 3136 prior to the date of enactment of the No Child Left Behind Act of 2001; and

an

(2) from the remainder of such amount and subject to subsection (b), the Secretary shall make grants by allotting to each eligible State educational agency under this subpart amount that bears the same relationship to such remainder for such year as the amount received under part A of title I for such year by such State educational agency bears to the amount received under such part for such year by all State educational agencies.

(b) MINIMUM ALLOTMENT.-The amount of any State educational agency's allotment under subsection (a)(2) for any fiscal year may not be less than one-half of 1 percent of the amount made available for allotments to States under this part for such year.

(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational agency does not apply for an allotment under this subpart for a fiscal year, or does not use its entire allotment under this subpart for that fiscal year, the Secretary shall reallot the amount of the State educational agency's allotment, or the unused portion of the allotment, to the remaining State educational agencies that use their entire allotments under this subpart in accordance with this sec

(d) STATE EDUCATIONAL AGENCY DEFINED.-In this section, the term "State educational agency" does not include an agency of an outlying area or the Bureau of Indian Affairs.

SEC. 2412. [20 U.S.C. 6762] USE OF ALLOTMENT BY STATE.

(a) IN GENERAL. Of the amount provided to a State educational agency (from the agency's allotment under section 2411(a)(2)) for a fiscal year

(1) the State educational agency may use not more than 5 percent to carry out activities under section 2415; and

(2) the State educational agency shall distribute the remainder as follows:

(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to each eligible local educational agency that has submitted an application to the State educational agency under section 2414, for the activities described in section 2416, an amount that bears the same relationship to 50 percent of the remainder for such year as the amount received under part A of title I for such year by such local educational agency bears to the amount received under such part for such year by all local educational agencies within the State.

(B) From 50 percent of the remainder and subject to subsection (b), the State educational agency shall award subgrants, through a State-determined competitive process, to eligible local entities that have submitted applications to the State educational agency under section 2414, for the activities described in section 2416.

(b) SUFFICIENT AMOUNTS.

(1) SPECIAL RULE.-In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall

(A) determine the local educational agencies that—

(i) received allocations under subsection (a)(2)(A) that are not of sufficient size to be effective, consistent with the purposes of this part; and

(ii) are eligible local entities;

(B) give priority to applications submitted by eligible local educational agencies described in subparagraph (A); and

(C) determine the minimum amount for awards under subsection (a)(2)(B) to ensure that subgrants awarded under that subsection are of sufficient size to be effective. (2) SUFFICIENCY.-In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure that each subgrant is of sufficient size and duration, and that the program funded by the subgrant is of sufficient scope and quality, to carry out the purposes of this part effectively.

(3) DISTRIBUTION.-In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure an equitable distribution of assistance under this subpart among urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the

areas.