[House Report 107-69]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-69
======================================================================
PROVIDING FOR THE CONSIDERATION OF H.R. 1, THE NO CHILD LEFT BEHIND ACT
OF 2001
_______
May 16, 2001.--Referred to the House Calendar and ordered to be printed
_______
Ms. Pryce of Ohio, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 143]
The Committee on Rules, having had under consideration
House Resolution 143, by a record vote of 9 to 2, report the
same to the House with recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of H.R. 1,
the No child Left Behind Act of 2001, under a structured rule.
The rule provides two hours of general debate divided equally
between the chairman and ranking minority member of the
Committee on Education and the Workforce.
The rule waives all points of order against consideration
of the bill. The rule makes in order the Committee on Education
and the Workforce's amendment in the nature of a substitute now
printed in the bill as an original bill for the purpose of
amendment, which shall be considered as read.
The rule further makes in order only those amendments
printed in this report. The amendments made in order may be
offered only in the order printed in the report, may be offered
only by a Member designated in this report, shall be considered
as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments are waived. Finally, the rule provides one
motion to recommit with or without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 10
Date: May 16, 2001.
Measure: H.R. 1.
Motion by: Mr. Frost.
Summary of motion: To make in order an amendment by
Representative Owens that would provide more then $20 billion
for school renovation, repair and construction.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; Dreier--Nay.
Rules Committee record vote No. 11
Date: May 16, 2001.
Measure: H.R. 1.
Motion by: Mr. Frost.
Summary of motion: To make in order an amendment by
Representative Etheridge that would authorize an additional
$500 million per year for FY2002-2006 for low-performing
schools to raise student achievement. Funds may be used for
class size reduction, extended learning time, teacher training,
statewide turnaround teams, staff recruitment and retention,
teacher mentoring, student loan forgiveness, and teacher/
parenting/community partnerships. The amendment also calls for
measuring and evaluating progress and providing assistance to
achieve a standard of continual student improvement.
Results: Defeated 2 to 9.
Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings--Nay; Myrick--Nay; Sessions--Nay;
Reynolds--Nay; Frost--Yea; Slaughter--Yea; Dreier--Nay.
Rules Committee record vote No. 12
Date: May 16, 2001.
Measure: H.R. 1.
Motion by: Mr. Goss.
Summary of motion: To report the resolution.
Results: Adopted 9 to 2.
Vote by Members: Goss--Yea; Linder--Yea; Pryce--Yea; Diaz-
Balart--Yea; Hastings--Yea; Myrick--Yea; Sessions--Yea;
Reynolds--Yea; Frost--Nay; Slaughter--Nay; Dreier--Yea.
Amendments Made in Order
1. Boehner--Manager's Amendment. Makes various technical
and conforming changes, including several clarifications. (10
minutes)
2. Capps--Allows funding under Title IV to be used for CPR
training in schools. (10 minutes)
3. Dunn/Frost--Allows local educational agencies to spend
more of their federal funds to hire School Resource Officers.
(10 minutes)
4. Graves--Expresses the Sense of Congress that the
Department of Education, states, and local educational agencies
work together to ensure that at least 95 percent of all funds
appropriated for elementary and secondary education programs
administered by the Department of Education is spent directly
to improve the academic achievement of children in classrooms.
(10 minutes)
5. Hill--Expands Section 401 to include the creation of
smaller learning communities among the possible uses of local
innovative education program funds. (10 minutes)
6. Hoekstra/Frank--Strikes language requiring annual state
assessments in reading and math for grades 3-8 and retains
current law for state assessments, requiring that states
measure students in all subjects that the state has developed
standards. (30 minutes)
7. Dooley--Requires states and school districts to provide
a comparison of student subgroups with the state's annual goals
and to provide a description of the state's accountability
system, including a description of the criteria used by the
state to evaluate school performance and to determine whether a
school enters school improvement, corrective action or
reconstitution. (10 minutes)
8. Vitter/Sessions--Requires those secondary education
institutions that accept federal funds to allow military
recruiters to visit the school. (10 minutes)
9. Tiberi/Castle--Allows 100 school districts in 50 states
to enter into performance agreements with the Secretary. Under
these agreements, school districts would be able to consolidate
programs and be relieved of the requirements of those programs.
(30 minutes)
10. Hoekstra--Increases the 50 percent transferability cap
for local educational agencies to 75 percent upon approval from
the state. (20 minutes)
11. Meek--Amends the Osborne Mentoring Program so that both
adults and qualified, trained and motivated high school
students can be mentors. (10 minutes)
12. Rogers (MI)--Authorizes the Secretary of Education to
work with state administrators to promote and advocate the use
and establishment of state-sponsored college savings plans
during a student's elementary years. (10 minutes)
13. Norwood/Barr/Graves--Authorizes school personnel to
discipline a student with a disability who has a weapon;
knowingly possesses or uses illegal drugs or sells or solicits
the sale of a controlled substance; or commits aggravated
assault or battery at a school in the same manner as they would
discipline a non-disabled student who has committed the same
offense, including suspension or expulsion. A disabled child
who is disciplined under this amendment would be able to assert
a defense that the possession of a weapon, or possession or use
of illegal drugs, or sale or solicitation of a controlled
substance, was unintentional or innocent. (20 minutes)
14. Graham/Tiahrt--``Parental Freedom of Information''
amendment which guarantees parents the right to access the
curriculum to which their children are exposed. Requires
informed written consent prior to any student being required to
undergo non-emergency medical, psychological or psychiatric
examination, testing or treatment while at school. Further
clarifies that no student should be required to take any
survey, analysis or evaluation that reveals personal
information or seeks responses on material inappropriate for
children. (20 minutes)
15. Armey/Boehner/DeLay--Authorizes private school choice
for students who have attended low performing schools for 3
years; private school choice as a local use of funds under the
Innovative education grants under subpart 1 of part A of Title
IV; and private school choice for students attending unsafe
schools or for students who have been victims of crime. (40
minutes)
16. Armey/DeLay/Watts/Lipinski--Authorizes up to 5 school
choice research demonstration projects involving public and
private schools to demonstrate the effectiveness of school
choice in improving the academic achievement of disadvantaged
students. (20 minutes)
17. Akin--Adds that the testing required in Section
1111(b)(4) be a test of objective knowledge, based on
measurable, verifiable and widely accepted professional testing
and assessment standards, and shall not assess the personal
opinions, attitudes, or beliefs of the student being tested.
(10 minutes)
18. Stearns--Requires that state educational agencies make
known, in the form of a report to the Department of Education,
those schools that are in the process of school improvement and
indicate the specific category of status: school improvement,
corrective action or reconstruction (10 minutes)
19. Traficant--Expresses the Sense of the Congress that all
construction related activities resulting from funding
authorized under the Act shall use American-made steel and that
all purchasing shall comply with the requirements of the Buy
America Act. (10 minutes)
20. Brady (TX)--Ensures teachers have the power to maintain
order and discipline in the classroom and discourages
frivolous, harassing lawsuits against educators and school
districts that take reasonable actions to maintain order and
discipline. (20 minutes)
21. Mink--Requires mentoring for teachers with 3 years or
less experience in low-performing schools. (10 minutes)
22. Wamp/Etheridge--Increases the authorization for
character education from $25 million to $50 million for fiscal
year 2002 and such sums as may be necessary for each of fiscal
years 2003 through 2006. (10 minutes)
23. DeMint--Allows 7 state educational agencies (SEAs) and
25 local educational agencies (LEAs) to participate in the
Straight A's program; allows states to use their Title I
accountability system to demonstrate achievement gains;
provides that Title I targeting requirements remain in effect
within state and school districts; limits uses of funds to uses
authorized by programs consolidated as part of the performance
agreement; requires the states and school districts to exceed
adequate yearly progress by a statistically significant amount;
provides that states and school districts are subject to
administrative sanctions for failure to perform. (30 minutes)
24. Hilleary--Prohibits the use of federal funds by any
state or local education agency or school that discriminates
against the Boy Scouts of America in providing equal access to
school premises or facilities. (10 minutes)
25. Velazquez--Amends Title V to make it easier for
entities in disadvantaged communities to successfully apply for
21st century community learning grants in states that exercise
the option to require a match by allowing them to meet the
matching requirement with in-kind contributions. (10 minutes)
26. Kirk--Expresses the Sense of Congress that Sections
8002 (Federal Property) and 8003 (Federally Connected Children)
of the Impact Aid Program should be fully funded. (10 minutes)
27. Hoeffel--Clarifies that localities can spend Title V,
Part B funding to provide leave time to teachers so they can
attend technology training classes. (10 minutes)
28. Cox--Provides that the total of all funding increases
in the bill in the first year will not exceed an 11.5% increase
over fiscal year 2001. Authorizes further increases in
aggregate funding of 14% (representing 3.5% annually) for all
subsequent years. (20 minutes)
text of amendments made in order
1. An Amendment To Be Offered by Representative Boehner of Ohio, or a
Designee, Debatable for 10 Minutes
In section 1003(b) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 103 of the
bill, strike ``1116(c)'' and insert ``1116(b)''.
In section 1003(e) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 103 of the
bill, strike ``amount of State funds'' and all that follows
through ``the preceding fiscal year'' and inserting the
following: ``amount of funds each local educational agency
receives under subpart 2 below the amount received by such
agency under such subpart in the preceding fiscal year''.
In section 1111 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 104 of the bill,
add at the end the following:
``(j) Special Rule with Respect to Bureau Funded Schools.--In
determining the assessments to be used by each Bureau funded
school receiving funds under this part, the following shall
apply:
``(1) Each Bureau funded school which obtains
accreditation by the State in which it is operating
shall utilize the assessments the State has developed
and implemented to meet the requirements of this
section, or such other appropriate assessment as
approved by the Secretary of the Interior.
``(2) Each Bureau funded school which obtains
accreditation by a regional accreditation organization
shall adopt an appropriate assessment, in consultation
and with the approval of the Secretary of Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
``(3) Each Bureau funded school which obtains
accreditation by a tribal accrediting agency or tribal
division of education shall use an assessment developed
by such agency or division, except that the Secretary
of Interior shall ensure that such assessment meets the
requirements of this section.
In section 1111(h)(1)(D)(i) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 104
of the bill, strike ``subsection (b)(4)(F)'' and insert
``subsection (b)(4)''.
In section 1116 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 106 of the bill,
add at the end the following:
``(f) Treatment of Bureau Funded Schools.--For the purposes
of applying the requirements of subsection (b) to schools
funded by the Bureau of Indian Affairs, the Secretary of
Interior shall implement such subsection in a manner that
treats the appropriate tribe or tribal organization as a local
educational agency for the purpose of implementing school
improvement, corrective action and restructuring actions. If
such tribe or tribal organization does not take the appropriate
action required under subsection (b), the Secretary shall take
such appropriate action as required under subsection (b) after
final notice to such tribe or tribal organization.''
In section 1116(b) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 106 of the
bill--
(1) in paragraph (7)(D), strike ``to participate in
developing any plan under subparagraph (A)(iii)'' and
insert ``, to the extent practicable, to participate in
developing any plan under subparagraph (A)(ii)(III)'';
(2) in the matter preceding subparagraph (A) of
paragraph (8)--
(A) insert ``(1)(E) for schools described in
paragraphs (1)(A)(i),'' after ``paragraph'';
and
(B) insert a comma after ``(6)(D)(i)''; and
(3) in paragraph (9)--
(A) insert ``(1)(E),'' after ``paragraph'';
and
(B) insert a comma after ``(6)(D)(i)''.
In section 1116(d)(11) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 106
of the bill--
(1) strike ``paragraph shall'' and insert
``subsection shall''; and
(2) strike ``under this paragraph''.
In section 1118 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 108 of the bill--
(1) in paragraph (12), insert ``and'' after the
semicolon;
(2) in paragraph (13), strike ``; and'' and insert a
period; and
(3) strike paragraph (14).
In section 1221(2)(A) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 111
of the bill, strike ``alphabet;'' and insert ``alphabet and
letter sounds;''.
In section 1221(5) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 111 of the
bill, strike ``care agencies,'' and insert ``care agencies and
programs,''.
In section 1222 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 111 of the bill--
(1) in subsection (b)--
(A) in paragraph (2) insert ``or agencies''
after ``organizations'' each place such term
appears and insert ``or program'' after ``child
care agency''; and
(B) in paragraph (3), insert ``or agencies''
after ``organizations''; and
(2) in subsection (e)--
(A) in paragraph (1)(B)(i), strike
``alphabet;'' and insert ``alphabet and letter
sounds;''; and
(B) in paragraph (2)(B), strike ``care
agencies,'' and insert ``care agencies or
programs,''.
In subpart 2 of part B of title I of the Elementary and
Secondary Education Act of 1965, as proposed to be amended by
section 111 of the bill, amend section 1224 to read as follows:
``SEC. 1224. REPORTING REQUIREMENTS.
``Each eligible applicant receiving a grant under this
subpart shall report annually to the Secretary regarding the
eligible applicant's progress in addressing the purposes of
this subpart, including information on--
``(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
``(2) the types of programs funded under the grant
and the ages of children served by such programs;
``(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
``(4) the curricula, materials, and activities used
by the programs funded under the grant to support
children's reading development.
In section 1711(c) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 171 of the
bill--
(1) insert ``subpart 1 of'' before ``part A of title
V''; and
(2) strike ``5212(2)(A)'' and insert
``5212(a)(2)(A)''.
In section 2012(e) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 201 of the
bill, strike paragraph (12) and insert the following:
``(12) Developing, or assisting local educational
agencies in developing, teacher advancement initiatives
that promote professional growth and emphasize multiple
career paths (such as career teacher, mentor teacher,
and master teacher) and pay differentiation.
In section 2031(a) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 201 of the
bill, amend paragraph (7) to read as follows:
``(7) Teacher advancement initiatives that promote
professional growth and emphasize multiple career paths
(such as career teacher, mentor teacher, and master
teacher) and pay differentiation.
In title III of the bill, add at the end the following:
SEC. 315. ACCOUNTABILITY FOR BUREAU FUNDED SCHOOLS
Notwithstanding the provisions of section 7102 of the
Elementary and Secondary Education Act of 1965, the Secretary
shall limit any reduction of administrative funding for the
Bureau of Indian Affairs under such section to no more than 50
percent of the amount that may be reserved for administration
under such Act.
In section 4131(b) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 401 of the
bill--
(1) in paragraph (14), strike ``and'' at the end;
(2) in paragraph (15), strike the period at the end
and insert a semicolon; and
(3) add at the end the following:
``(16) programs to establish or enhance
prekindergarten programs for children ages 3 through 5;
and
``(17) academic intervention programs that are
operated jointly with community-based organizations and
that support academic enrichment and counseling
programs conducted during the school day (including
during extended school day or extended school year
programs) for students most-at-risk of not meeting
challenging State academic standards or not completing
secondary school.
In section 4201(b)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 411
of the bill, insert ``academic'' before ``achievement''.
In section 5122(a)(3) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, insert ``students who attend'' after ``target''.
In section 5124 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 501 of the bill--
(1) in subsection (a), strike paragraph (3);
(2) in subsection (c)(1), insert ``(including summer
school programs)'' after ``school activities''; and
(3) in subsection (d), insert ``, during the
summer,'' after ``after school''.
In section 5151(4)(B) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, insert ``and harassment'' after ``weapons''.
In section 5202(5) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 501 of the
bill, insert ``to training'' after ``constant access''.
In section 5213(b)(4)(A) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, strike ``that'' before ``ongoing'' and insert a
comma before ``so that''.
In section 5214(b) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 501 of the
bill--
(1) in paragraph (5), insert ``(including software
and other electronically delivered learning
materials)'' after ``will integrate technology''; and
(2) in paragraph (10)(B)--
(A) strike ``an assurance that'' and insert
``a description of how''; and
(B) strike ``have compatibility and
interconnectivity with technology obtained''
and insert ``be integrated''.
In section 5215(a)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, insert a comma after ``reduced-cost loans''.
In section 5232 of the Elementary and Secondary Education Act
of 1965, as proposed to be amended by section 501 of the bill,
strike ``TELECOMMUNICATIONS PROGRAM'' in the section heading
and insert ``READY TO TEACH''.
In title VI of the bill, insert after section 602 the
following:
SEC. 603. ELIGIBILITY UNDER SECTION 8003 FOR CERTAIN HEAVILY IMPACTED
LOCAL EDUCATIONAL AGENCIES.
(a) Eligibility.--Section 8003(b)(2)(C) (20 U.S.C.
7703(b)(2)(C)) is amended--
(1) in clauses (i) and (ii) by inserting after
``Federal military installation'' each place it appears
the following: ``(or if the agency is a qualified local
educational agency as described in clause (iv))''; and
(2) by adding at the end the following:
``(iv) Qualified local educational
agency.--A qualified local educational
agency described in this clause is an
agency that meets the following
requirements:
``(I) The boundaries of the
agency are the same as island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government.
``(II) The agency has no
taxing authority.
``(III) The agency received a
payment under paragraph (1) for
fiscal year 2001.''.
(b) Effective Date.--The Secretary shall consider an
application for a payment under section 8003(b)(2) for fiscal
year 2002 from a qualified local educational agency described
in section 8003(b)(2)(C)(iv), as added by subsection (a), as
meeting the requirements of section 8003(b)(2)(C)(iii), and
shall provide a payment under section 8003(b)(2) for fiscal
year 2002, if the agency submits to the Secretary an
application for payment under such section not later than 60
days after the date of the enactment of this Act.
In section 7203(b)(2)(C) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by such
section 701 of the bill, strike ``Part A of title V or section
5212(2)(A)'' and insert ``Subpart 1 of part A of title V or
section 5212(a)(2)(A)''.
In section 8305(a) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 801 of the
bill, strike ``Governor and'' and add at the end the following:
``The State educational agency shall make any consolidated
local plans and applications available to the Governor.''.
In section 8305(c) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 801 of the
bill, strike ``A Governor and State educational agency'' and
insert ``A State educational agency, in consultation with the
Governor,''.
In part E of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 801
of the bill--
(1) in section 8516, insert ``ON DEPARTMENT AUDITS''
after ``REPORT'' in the section heading; and
(2) after section 8516, insert the following (and
redesignate succeeding provisions, and cross-references
thereto, accordingly):
``SEC. 8517. STUDY OF TESTING.
``(a) In General.--The Secretary shall provide for a study of
the effects of testing on students in elementary and secondary
schools. Such study may include--
``(1) overall improvement or decline in what students
are learning based on independent measures;
``(2) changes in course offerings, teaching
practices, course content, and instructional material;
``(3) changes in rates of teacher and administrator
turnover;
``(4) changes in dropout, grade retention and
graduation rates for students;
``(5) costs of preparing for, conducting and grading
the assessments in terms of dollars expended by the
school district and time expended by students and
teachers; and
``(6) such other effects as the Secretary may deem
appropriate.
``(b) Report.--Not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall transmit to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate a report on
the study conducted under subsection (a).
``(c) Subsequent Congressional Consideration.--After receipt
of the report described in subsection (b), Congress may
consider whether it is appropriate to enact legislation to
mitigate any negative effects on students in elementary or
secondary schools caused by testing.
----------
2. An Amendment To Be Offered by Representative Capps of California, or
a Designee, Debatable for 10 Minutes
In subsection (b) of section 4131 of the Elementary and
Secondary Education Act of 1965, as proposed to be amended by
section 401 of the bill--
(1) strike ``and'' at the end of paragraph (14);
(2) strike the period at the end of paragraph (15)
and insert ``; and''; and
(3) add at the end the following:
``(16) programs for cardiopulmonary resuscitation
(CPR) training in schools.
----------
3. An Amendment To Be Offered by Representative Dunn of Washington, or
Representative Frost of Texas, or a Designee, Debatable for 10 Minutes
In section 5115(b)(2) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, strike subparagraph (D) and insert the following:
``(D) to the extent that expenditures
do not exceed 20 percent of the amount
made available to a local educational
agency under this subpart (except that
this subparagraph shall not apply to
the hiring and training of school
resource officers pursuant to clause
(ii)), law enforcement and security
activities, including--
``(i) acquisition and
installation of metal
detectors;
``(ii) hiring and training of
security personnel (including
school resource officers), that
are related to youth drug and
violence prevention;
``(iii) reporting of criminal
offenses on school property;
and
``(iv) development of
comprehensive school security
assessments;
----------
4. An Amendment To Be Offered by Representative Graves of Missouri, or
a Designee, Debatable for 10 Minutes
In part F of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 801
of the bill, add at the end the following:
``SEC. 8605. EFFECTIVE USE OF FEDERAL ELEMENTARY AND SECONDARY
EDUCATION FUNDS.
``It is the sense of the Congress that the Secretary, State
educational agencies, and local educational agencies should
work together to ensure that not less than 95 percent of all
funds appropriated to carry out elementary and secondary
education programs under this Act is spent directly to improve
the academic achievement of the Nation's children in their
classrooms.
----------
5. An Amendment To Be Offered by Representative Hill of Indiana, or a
Designee, Debatable for 10 Minutes
In section 401 of the bill, at the end of section 4131(b) of
the Elementary and Secondary Education Act of 1965 (as proposed
to be amended by such section 401) add the following:
``(16) programs to establish smaller learning
communities.
----------
6. An Amendment To Be Offered by Representative Hoekstra of Michigan,
or Representative Frank of Massachusetts, or a Designee, Debatable for
30 Minutes
In section 1111(b)(4) of the Elementary and Secondary
Education Act of 1965 as amended by section 104 of the bill--
(1) strike subparagraph (E) and insert the following:
``(E) measure the proficiency of students in
the academic subjects in which a State has
adopted challenging academic content and
student performance standards and be
administered at some time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;''; and
(2) strike subparagraph (G).
----------
7. An Amendment To Be Offered by Representative Dooley of California,
or a Designee, Debatable for 10 Minutes
In section 1111(h)(1)(D) of the Elementary and Secondary
Education Act of 1965, as amended by section 104 of the bill,
after clause (i), insert the following (and redesignate
subsequent provisions accordingly):
``(ii) information that provides a
comparison between the actual
achievement levels of each group of
students described in subclauses (I)
and (II) of subsection (b)(2)(C) to the
State's annual numerical objectives for
each such group of students on each of
the assessments required under this
part;
In section 1111(h)(1)(D) of the Elementary and Secondary Act
of 1965, as amended by section 104 of the bill--
(1) after clause (v), strike ``and'';
(2) at the end of clause (vi), strike the period and
insert ``; and''; and
(3) add at the end the following:
``(viii) a clear and concise
description of the State's
accountability system, including: a
description of the criteria by which
the State evaluates school performance,
and the criteria that the State has
established, consistent with (b)(2)(B),
to determine the status of schools
regarding school improvement,
corrective action, and
reconstitution.''.
----------
8. An Amendment To Be Offered by Representative Vitter of Louisiana, or
Representative Sessions of Texas, or a Designee, Debatable for 10
Minutes
In part E of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 801
of the bill, after section 8519, insert the following (and
redesignate succeeding paragraphs, and any cross-references
thereto, accordingly):
``SEC. 8520. ARMED SERVICES RECRUITING.
``Any secondary school that receives Federal funds under this
Act shall permit regular United States Armed Services
recruitment activities on school grounds, in a manner
reasonably accessible to all students of such school.
----------
9. An Amendment To Be Offered by Representative Tiberi of Ohio, or
Representative Castle of Delaware, or a Designee, Debatable for 30
Minutes
At the end of the provision proposed to be added by section
701 of the bill, add the following:
``PART C--LOCAL FLEXIBILITY DEMONSTRATION
``SEC. 7301. SHORT TITLE.
This part may be cited as the ``Local Flexibility
Demonstration Act''.
``SEC. 7302. PURPOSE.
``The purpose of this part is to create options for local
educational agencies--
``(1) to improve the academic achievement of all
students, and to focus the resources of the Federal
Government upon such achievement;
``(2) to improve teacher quality and subject matter
mastery, especially in mathematics, reading, and
science;
``(3) to empower parents and schools to effectively
address the needs of their children and students;
``(4) to give local educational agencies maximum
freedom in determining how to boost academic
achievement and implement education reforms;
``(5) to eliminate Federal barriers to implementing
effective local education programs;
``(6) to hold local educational agencies accountable
for boosting the academic achievement of all students,
especially disadvantaged children; and
``(7) to narrow achievement gaps between the lowest
and highest performing groups of students so that no
child is left behind.
``SEC. 7303. AGREEMENTS TO PROVIDE LOCAL FLEXIBILITY.
``(a) Authority.--Except as otherwise provided in this part,
the Secretary shall enter into performance agreements--
``(1) with local educational agencies that meet their
State's definition of adequate yearly progress, that
submit approvable performance agreement proposals, and
that are selected under paragraph (2); and
``(2) under which the agencies may consolidate and
use funds as described in section 7304.
``(b) Selection of Local Educational Agencies.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall enter into performance agreements under
this part with not more than 100 local educational
agencies. Each such local educational agency shall be
selected from among those local educational agencies
that--
``(A) submit a proposed performance agreement
to the Secretary and demonstrate, to the
satisfaction of the Secretary, that the
agreement--
``(i) has substantial promise of
meeting the requirements of this part;
and
``(ii) describes a plan to combine
and use funds (as authorized under
section 7304) under the agreement to
meet the State's definition of adequate
yearly progress);
``(B) provide information in the proposed
performance agreement regarding how the local
educational agency has notified the State of
the local educational agency's intent to submit
a proposed performance agreement; and
``(C) have consulted and involved parents and
educators in the development of the proposed
performance agreement.
``(2) Geographic distribution.--
``(A) In general.--
``(i) Initial agreements.--During the
period of time that expires 3 years
after the date of enactment of the No
Child Left Behind Act of 2001, the
Secretary may enter into not more than
2 performance agreements under this
part with local educational agencies in
each State.
``(ii) Subsequent agreements.--After
the expiration of the 3-year period
beginning on the date of enactment of
the No Child Left Behind Act of 2001,
the Secretary may enter into
performance agreements under this part
with any number of local educational
agencies in each State until the total
number of such agreements equals 100.
``(B) Urban and rural areas.--If more than 2
local educational agencies in a State submit
approvable performance agreements under this
part, the Secretary shall select local
educational agencies for performance agreements
under this part in a manner that ensures an
equitable distribution among such agencies
serving urban and rural areas.
``(c) Required Terms of Performance Agreement.--Each
performance agreement entered into with the Secretary under
this part shall have each of the following terms:
``(1) Term.--The performance agreement shall be for a
term of 5 years.
``(2) Application of program requirements.--The
performance agreement shall provide that no
requirements of any program described in section
7304(b) and included by the local educational agency in
the scope of the agreement shall apply to the agency,
except as otherwise provided in this part.
``(3) List of programs.--The performance agreement
shall list which of the programs described in section
7304(b) are included in the scope of the performance
agreement.
``(4) Use of funds to improve student achievement.--
The performance agreement shall contain a 5-year plan
describing how the local educational agency intends to
combine and use the funds from programs included in the
scope of the performance agreement to advance the
education priorities of the State and the local
educational agency, meet the general purposes of the
included programs, improve student achievement, and
narrow achievement gaps.
``(5) Local input.--The performance agreement shall
contain an assurance that the local educational agency
will provide parents, teachers, and schools with notice
and an opportunity to comment on the proposed terms of
the performance agreement in accordance with State law.
``(6) Fiscal responsibilities.--The performance
agreement shall contain an assurance that the local
educational agency will use fiscal control and fund
accounting procedures that will ensure proper
disbursement of, and accounting for, Federal funds
consolidated and used under the performance agreement.
``(7) Civil rights.--The performance agreement shall
contain an assurance that the local educational agency
will meet the requirements of applicable Federal civil
rights laws in carrying out the agreement and in
consolidating and using the funds under the agreement.
``(8) Private school participation.--The performance
agreement shall contain an assurance that the local
educational agency agrees that in consolidating and
using funds under the performance agreement--
``(A) the local educational agency will
provide for the equitable participation of
students and professional staff in private
schools; and
``(B) that sections 8504, 8505, and 8506
shall apply to all services and assistance
provided with such funds in the same manner as
such sections apply to services and assistance
provided in accordance with section 8503.
``(9) Annual reports.--The performance agreement
shall contain an assurance that the local educational
agency agrees that not later than 1 year after the date
on which the Secretary enters into the performance
agreement, and annually thereafter during the term of
the performance agreement, the local educational agency
shall disseminate widely to parents and the general
public, transmit to its State educational agency and
the Secretary, distribute to print and broadcast media,
and post on the Internet, a report that includes a
detailed description of how the local educational
agency used the funds consolidated under the agreement
to improve student academic achievement and reduce
achievement gaps.
``(c) Approval.--Not later than 60 days after the receipt of
a proposed performance agreement submitted by a local
educational agency under this part, the Secretary shall approve
the performance agreement or provide the local educational
agency with a written determination that such agreement fails
to satisfy the requirements of this part.
``(d) Amendment to Performance Agreement.--
``(1) In general.--In each of the following
circumstances, the Secretary shall agree to amend a
performance agreement entered into with a local
educational agency under this part:
``(A) Reduction in scope of performance
agreement.--Not later than 1 year after
entering into the performance agreement, a
State seeks to amend the agreement to remove
from the scope any program described in section
7304(b).
``(B) Expansion of scope of performance
agreement.--Not later than 1 year after
entering into the performance agreement, a
State seeks to amend the agreement to include
in its scope any additional program described
in section 7304(b) or any additional
achievement indicators for which the State will
be held accountable.
``(2) Approval of amendment.--
``(1) In general.--Not later than 60 days
after the receipt of a proposed amendment to
the performance agreement submitted by a local
educational agency, the Secretary shall approve
the amendment or provide the agency with a
written determination that the amendment fails
to satisfy the requirements of this part.
``(B) Treatment as approved.--Each amendment
for which the Secretary fails to take the
action required in subparagraph (A) in the time
period described in such subparagraph shall be
considered to be approved.
``(3) Treatment of program funds withdrawn from
agreement.--Beginning on the effective date of an
amendment executed under paragraph (1)(A), each program
requirement of each program removed from the scope of a
performance agreement shall apply to the local
educational agency's use of funds made available under
the program.
``SEC. 7304. CONSOLIDATION AND USE OF FUNDS.
``(a) In General.--
``(1) Authority.--Under a performance agreement
entered into under this part, a local educational
agency may consolidate, subject to subsection (c),
Federal funds made available to the agency under the
provisions listed in subsection (b) and use such funds
for any educational purpose permitted under this Act.
``(2) Program requirements.--Except as otherwise
provided in this part, a local educational agency may
use funds under paragraph (1) notwithstanding the
program requirements of the program under which the
funds were made available to the State.
``(b) Eligible Programs.--Funds made available under programs
under each of the following provisions of this Act may be
consolidated and used under subsection (a):
``(1) Title II.
``(2) Part A of title IV.
``(3) Subpart 1 of part A of title V.
``(4) Part B of title V.
``SEC. 7305. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.
Each local educational agency that has entered into a
performance agreement with the Secretary under this part may
use for administrative purposes not more than 4 percent of the
total amount of funds allocated to theagency under the programs
included in the scope of the performance agreement.
``SEC. 7306. PERFORMANCE REVIEW AND PENALTIES.
``(a) Midterm Review.--The Secretary may not enter into a
performance agreement under this part unless the agreement
includes a provision permitting the Secretary, after notice and
an opportunity for a hearing, to terminate the agreement if,
during the term of the agreement, the local educational agency
that is party to the agreement fails to make adequate yearly
progress for 3 consecutive years.
``(b) Final Review.--If, at the end of the 5-year term of a
performance agreement entered into under this part, a local
educational agency that is party to the agreement has not met
the achievement goals contained in the performance agreement,
the Secretary may not renew the agreement under section 7307
and, beginning on the date on which such term ends, the local
educational agency shall be required to comply with each of the
program requirements in effect on such date for each program
included in the performance agreement.
``SEC. 7307. RENEWAL OF PERFORMANCE AGREEMENT.
``(a) In General.--Except as provided in section 7306(b) and
in accordance with this section, the Secretary shall renew for
1 additional 5-year term a performance agreement entered into
under this part if the State that is party to the agreement has
met or has substantially met, by the end of the original term
of the agreement, the achievement goals contained in the
agreement.
``(b) Notification.--The Secretary may not renew a
performance agreement under this part unless, not less than 6
months before the end of the original term of the agreement,
the local educational agency seeking the renewal notifies the
Secretary of its intention to renew.
``(c) Effective Date.--A renewal under this section shall be
effective at the end of the original term of the agreement or
on the date on which the local educational agency seeking
renewal provides to the Secretary all data required under the
agreement, whichever is later.
``SEC. 7308. REPORTS.
``(a) Transmittal to Congress.--Not later than 60 days after
the Secretary receives a report described in section
7303(c)(9), the Secretary shall make the report available to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate.
``(b) Limitation.--A State in which a local educational
agency that is party to a performance agreement entered into
under this part is located may not require such local
educational agency to provide any application information with
respect to the programs included within the scope of such
performance agreement other than that information that is
required to be included in the report described in section
7303(c)(9).
``SEC. 7309. DEFINITIONS.
``In this part, the following definitions apply:
``(1) Adequate yearly progress.--The term `adequate
yearly progress' means the adequate yearly progress
determined by the State in which a local educational
agency is located pursuant to section 1111(b)(2)(C).
``(2) All students.--The term `all students' means
all students attending public schools or charter
schools that are participating in the State's
accountability and assessment system.''.
------
10. An Amendment To Be Offered by Representative Hoekstra of Michigan,
or a Designee, Debatable for 20 Minutes
In section 701 of the bill, in subparagraph (A) of section
7203(b)(1) of the Elementary and Secondary Education Act of
1965 (as proposed to be amended by such section 701), strike
``may transfer'' and all that follows through the end of such
subparagraph and insert the following:
may transfer--
``(i) not more than 50 percent of the
funds allocated to it under each of the
provisions listed in paragraph (2) for
a fiscal year to 1 or more of its
allocations for such fiscal year under
any other provision listed in paragraph
(2); or
``(ii) not more than 75 percent of
the funds allocated to it under each of
the provisions listed in paragraph (2)
for a fiscal year to 1 or more of its
allocations for such fiscal year under
any other provision listed in paragraph
(2), if the local educational agency
obtains State approval before making
such transfer.
------
11. An Amendment To Be Offered by Representative Meek of Florida, or a
Designee, Debatable for 10 Minutes
In section 501 of the bill, in section 5501(1) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501), strike ``adult''.
In section 501 of the bill, in section 5502(1) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501), strike ``adult'' and insert
``individual''.
In section 501 of the bill, in section 5503(a)(1) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501), after ``responsible adults''
insert ``or students in secondary school''.
In section 501 of the bill, in section 5503(c)(1)(C) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501), strike ``adult''.
----------
12. An Amendment To Be Offered by Representative Rogers of Michigan, or
a Designee, Debatable for 10 Minutes
In the matter proposed to be inserted as part E of title
VIII of the Elementary and Secondary Education Act of 1965 by
section 801 of the bill, insert after section 8520 the
following:
``SEC. 8521. ENCOURAGE EDUCATION SAVINGS.
``To the extent practicable, the Secretary shall promote
education savings accounts in States that have qualified State
tuition programs (as defined in section 529 of the Internal
Revenue Code of 1986).
----------
13. An Amendment To Be Offered by Representative Norwood of Georgia, or
Representative Barr of Georgia, or a Designee, Debatable for 20 Minutes
At the end of part A of title V of the Elementary and
Secondary Education Act of 1965, as amended by section 501 of
the bill, add the following:
``SEC. 5155. DISCIPLINE OF CHILDREN WITH DISABILITIES.
``(a) Authority of School Personnel.--Each State receiving
funds under this Act shall require each local educational
agency to have in effect a policy under which school personnel
of such agency may discipline (including expel or suspend) a
child with a disability who--
``(1) carries or possesses a weapon to or at a
school, on school premises, or to or at a school
function, under the jurisdiction of a State or a local
educational agency;
``(2) knowingly possesses or uses illegal drugs or
sells or solicits the sale of a controlled substance at
a school, on school premises, or at a school function,
under the jurisdiction of a State or a local
educational agency; or
``(3) commits an aggravated assault or battery (as
defined under State or local law) at a school, on
school premises, or at a school function, under the
jurisdiction of a State or local educational agency, in
the same manner in which such personnel may discipline
a child without a disability. Such personnel may modify
the disciplinary action on a case-by-case basis.
``(b) Rule of Construction.--Nothing in subsection (a)
shall be construed to prevent a child with a disability who is
disciplined pursuant to the authority provided under paragraph
(1) or (2) of subsection (a) from asserting a defense that the
carrying or possession of the weapon, or the possession or use
of the illegal drugs (or the sale or solicitation of the
controlled substance), as the case may be, was unintentional or
innocent.
``(c) Free Appropriate Public Education.--
``(1) Ceasing to provide education.--Notwithstanding
any other provision of Federal law, a child expelled or
suspended under subsection (a) shall not be entitled to
continue educational services, including a free
appropriate public education, required under Federal
law during the term of such expulsion or suspension, if
the State in which the local educational agency
responsible for providing educational services to such
child does not require a child without a disability to
receive educational services after being expelled or
suspended.
``(2) Providing education.--Notwithstanding paragraph
(1), the local educational agency responsible for
providing educational services to a child with a
disability who is expelled or suspended under paragraph
(1) may choose to continue to provide educational
services or mental health services to such child. If
the local educational agency so chooses to continue to
provide the services--
``(A) nothing in any other provision of
Federal law shall require the local educational
agency to provide such child with any
particular level of service; and
``(B) the location where the local
educational agency provides the services shall
be left to the discretion of the local
educational agency.
``(d) Definitions.--In this section:
``(1) Controlled substance.--The term `controlled
substance' has the meaning given the term in section
5151.
``(2) Illegal drug.--The term `illegal drug' means a
controlled substance, but does not include such a
substance that is legally possessed or used under the
supervision of a licensed health-care professional or
that is legally possessed or used under any other
authority under the Controlled Substances Act or under
any other provision of Federal law.
``(3) Weapon.--The term `weapon' has the meaning
given the term `dangerous weapon' under subsection
(g)(2) of section 930 of title 18, United States Code.
----------
14. An Amendment To Be Offered by Representative Graham of South
Carolina, or Representative Tiahrt of Kansas, or a Designee, Debatable
for 20 Minutes
Before part B of title IX of the bill, insert the following:
Subpart 3--General Education Provisions
SEC. 916. INFORMATION ACCESS AND CONSENT.
(a) In General.--Section 445 of the General Education
Provisions Act (20 U.S.C. 1232h) is amended by--
(1) redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by striking subsections (a) and (b) and inserting
the following:
``(a) Access to Information.--No funds shall be made
available under any applicable program to any educational
agency or institution that has a policy of denying, or that
effectively prevents, the parent of an elementary school or
secondary school student served by such agency or at such
institution, as the case may be--
``(1) the right to inspect and review any
instructional material used with respect to the
educational curriculum of the student. Each educational
agency or institution shall establish appropriate
procedures for the granting of a request by parents for
access to the instructional material. The granting of
each such request shall be made in a reasonable period
of time, but shall not exceed 45 days, after the date
of the request;
``(2) the right to inspect and review a survey,
analysis, or evaluation that is subject to subsection
(c)(7) before the survey, analysis, or evaluation is
given to a student.
``(b) Restriction on Seeking Information From Minors.--
``(1) In general.--Notwithstanding any other
provision of Federal law, no funds shall be made
available under any program administered by the
Secretary to any educational agency or institution that
administers or provides a survey, analysis, or
evaluation to a student without the prior, informed,
written consent of the parent or guardian of a student
concerning--
``(A) political affiliations or beliefs of
the student or the student's parent;
``(B) mental or psychological problems
potentially embarrassing to the student or the
student's family;
``(C) sex behavior or attitudes;
``(D) illegal, antisocial, or self-
incriminating behavior;
``(E) appraisals of other individuals with
whom the minor has a familial relationship;
``(F) relationships that are legally
recognized as privileged, including those with
lawyers, physicians, and members of the clergy;
and
``(G) religious practices affiliations or
beliefs.''.
``(2) Explanation.--In seeking the consent of the parent an
educational agency or institution must provide an accurate
explanation, in writing, of the types of items listed in
subparagraphs (A) through (G) of paragraph (1) that are
contained in the survey and the purpose, if known, for
including those items.
``(c) Restriction on Medical Testing and Treatment of
Minors.--
``(1) Consent required.--Except as provided in
paragraph (2), no funds shall be made available under
any applicable program to an educational agency or
institution that requires or otherwise causes the
student without the prior, written, informed consent of
the parent or a guardian of a minor to undergo medical
or mental health examination, testing, treatment, or
immunization (except in the case of a medical
emergency).
``(2) Exception.--Paragraph (1) shall not apply to
medical or mental health examinations, testing,
treatment, or immunizations of students expressly
permitted by State law without written parental
consent.
``(3) Definitions.--For the purpose of this section,
the term `educational agency or institution' means any
elementary, middle, or secondary school, any school
district or local board of education, and any State
educational agency that is the recipient of funds under
any program administered by the Secretary, except that
it does not apply to postsecondary institutions.
``(4) Instructional material.--In this subsection the
term `instructional material' means a textbook, audio/
visual material, informational material accessible
through Internet sites, material in digital or
electronic formats, instructional manual, or journal,
or any other material supplementary to the education of
a student.
``(5) Rules of construction.--(A) Nothing in this
section shall be construed to supersede the Family
Educational Rights and Privacy Act (20 U.S.C. 1232g).
``(B) The term `instructional material' does not
include academic tests or assessments.
``(6) Application.--
``(A) Certain surveys, analysis, and
evaluations.--Subsection (b) shall not apply to
surveys, analysis, or evaluations administered
to a student as part of the Individuals with
Disabilities Act (20 U.S.C. 1400 et seq.).
``(B) Parental consent.--Nothing in
subsection (c) shall be construed to supersede
or otherwise affect the parental consent
requirements under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.).
``(C) Student rights.--The rights provided
parents under this Act transfer to the student
once the student turns 18 years old or is an
emancipated minor at any age.
``(7) State law exception.--Educational agencies and
institutions residing in a State that has a law that
provides parents rights comparable to the rights
contained herein may seek exemption from this Act by
obtaining a waiver from the office designated by the
Secretary to administer this Act. This office may grant
a waiver to educational agencies and institutions upon
review of State law.
----------
15. An Amendment To Be Offered by Representative Armey of Texas, or
Representative Boehner of Ohio, or a Designee, Debatable for 40 Minutes
In section 104 of the bill, in paragraph (13) of section
1112(b) of the Elementary and Secondary Education Act of 1965
(as proposed to be amended by such section 104), strike
``public''.
In section 106 of the bill, in clause (ii) of section
1116(b)(7)(A) of the Elementary and Secondary Education Act of
1965 (as proposed to be amended by such section 106), strike
subclause (II) and insert the following:
``(II) make funds available--
``(aa) to the
economically
disadvantaged child's
parents to place the
child in a private
school in accordance
with subsection (d)(2);
or
``(bb) make funds
available for
supplementary
educational services,
in accordance with
subsection (d)(1); and
In section 106 of the bill, in paragraph (8) of section
1116(b) of the Elementary and Secondary Education Act of 1965
(as proposed to be amended by such section 106), after
``paragraph (6)(D)(i)'' insert ``, (7)(A)(ii)(II)(aa),''.
In section 106 of the bill, in subparagraph (A) of section
1116(b)(8) of the Elementary and Secondary Education Act of
1965 (as proposed to be amended by such section 106), strike
``public''.
In section 106 of the bill, in subsection (d) of section 1116
of the Elementary and Secondary Education Act of 1965 (as
proposed to be amended by such section 106)--
(1) in paragraph (1) strike ``(1) In'' and insert the
following:
``(1) Supplemental Instructional Services.--''
``(A) In
(2) strike ``this paragraph'' each place it appears
and insert ``this subparagraph'';
(3) in paragraph (2) strike ``paragraph (1)'' and
insert ``subparagraph (A)'';
(3) in paragraph (3)--
(A) strike ``paragraph (2)'' and insert
``subparagraph (B)''; and
(B) redesignate subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii),
respectively (and indent accordingly);
(4) in paragraph (5)--
(A) in subparagraph (B), strike ``paragraph
(6)'' and insert ``subparagraph (F)''; and
(B) redesignate subparagraphs (A) through (E)
as clauses (i) through (v), respectively, (and
indent accordingly);
(5) in paragraph (6)--
(A) strike ``paragraph (5)(c)'' insert
``subparagraph (E)(iii)''; and
(B) redesignate subparagraphs (A) through (D)
as clauses (i) through (iv), respectively (and
indent accordingly);
(6) in paragraph (7)--
(A) in subparagraph (B), strike
``subparagraph (A)'' and insert ``clause (i)'';
and
(B) redesignate subparagraphs (A), (B), and
(C) as clauses (i), (ii), and (iii),
respectively (and indent accordingly);
(7) in paragraph (10)--
(A) in subparagraphs (C) and (D), redesignate
clauses (i) and (ii) as subclauses (I) and
(II), respectively (and indent accordingly);
(B) redesignate subparagraphs (A) through (D)
as clauses (i) through (iv), respectively (and
indent accordingly);
(8) redesignate paragraphs (2) through (11) as
subparagraphs (B) through (K), respectively (and indent
accordingly);
(9) at the end, insert the following:
``(2) Parental Choice.--
``(A) In general.--In any case described in
section 1116(b)(7)(A)(ii)(II)(aa) the local
educational agency shall permit the parents of
each eligible child defined in paragraph (7)(A)
to--
``(i) receive, from the agency, the
child's share of funds allocated to the
school under this part, calculated
under subparagraph (B); and
``(ii) Notwithstanding any other
provision of this Act, use those funds
to pay the costs of attending a private
school that agrees to--
``(I) assess the student in
mathematics and reading and
language arts each year during
grades 3 through 8 and at least
once during grades 10 through
12, using academic assessments
that are comparable in what
they measure to the academic
assessments used by the State;
and
``(II) provide the results of
those assessments to the
student's parents.
``(B) Per-child amount.--The amount of a
school's allocation under this part that it
shall make available to the parents of an
eligible child under subparagraph (A)(ii) is
equal to the amount of the school's allocation
under subpart 2 of this part divided by the
number of eligible children enrolled in the
school.
``(C) Limitation.--The amount of funds
provided to the parents of a child under this
paragraph shall not exceed the actual costs of
the parents for sending the child to a private
school and providing transportation to such
school.
``(D) Duration.--The local educational agency
shall continue to provide funds to parents of a
child attending a private school under this
section until the child completes the grade
corresponding to the highest grade offered at
the public school the child previously
attended.
``(E) Nondiscrimination.--
``(i) In general.--A private school
participating in the choice program
under this paragraph shall not
discriminate on the basis of race,
color, national origin, or sex in
carrying out the provisions of this
paragraph.
``(ii) Applicability and construction
with respect to discrimination on the
basis of sex.--
``(I) Applicability.--With
respect to discrimination on
the basis of sex, clause (i)
shall not apply to a private
school that is controlled by a
religious organization if the
application of clause (i) is
inconsistent with the religious
tenets of the private school.
``(II) Single-sex schools,
classes, or activities.--With
respect to discrimination on
the basis of sex, nothing in
clause (i) shall be construed
to prevent a parent from
choosing, or a private school
from offering, a single-sex
school, class, or activity.
``(III) Construction.--With
respect to discrimination on
the basis of sex, nothing in
clause (i) shall be construed
to require any person, or
public or private entity to
provide or pay, or to prohibit
any such person or entity from
providing or paying, for any
benefit or service, including
the use of facilities, related
to an abortion. Nothing in the
preceding sentence shall be
construed to permit a penalty
to be imposed on any person or
individual because such person
or individual is seeking or has
received any benefit or service
related to a legal abortion.
``(iii) Children With Disabilities.--
Nothing in this subsection shall be
construed to alter or modify the
provisions of the Individuals with
Disabilities Education Act or the
Rehabilitation Act of 1973.
``(iv) Rule of Construction.--
``(I) In general.--Nothing in
this paragraph shall be
construed to prevent any
private school which is
operated by, supervised by,
controlled by, or connected to,
a religious organization from
employing, admitting, or giving
preference to, persons of the
same religion to the extent
determined by such institution
to promote the religious
purpose for which the private
school is established or
maintained.
``(II) Sectarian purposes.--
Nothing in this paragraph shall
be construed to prohibit the
use of funds made available
under this subsection for
sectarian educational purposes,
or to require a private school
to remove religious art, icons,
scripture, or other symbols.
``(F) Definitions.--As used in this
paragraph, the term `eligible child' means a
child from a low-income family, as determined
by the local educational agency for purposes of
allocating funds to schools under section
1113(c)(1).''.
In section 401 of the bill, in section 4131(b) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 401)--
(1) strike ``and'' at the end of paragraph (14);
(2) strike the period at the end of paragraph (15)
and insert ``; and''; and
(3) insert the following:
``(16) activities to promote, implement, or expand
private school choice for disadvantaged children in
failing public schools.
In section 501 of the bill, in subparagraph (P) of section
5115(b)(2) of the Elementary and Secondary Education Act of
1965 (as proposed to be amended by such section 501), after
``including a public charter school,'' insert ``or a private
school if no safe public school or public charter school can
accommodate the student,''.
In section 801 of the bill, in section 8507 of the Elementary
and Secondary Education Act of 1965 (as proposed to be amended
by such section 801)--
(1) insert ``(a) In General.--'' before ``Nothing'';
and
(2) add at the end the following:
``(b) Inapplicability.--Subsection (a) shall not be construed
to prohibit the use of funds made available to parents of
eligible children for sectarian educational purposes under
private school choice provisions of this Act, or to require an
eligible private institution to remove religious art, icons,
scripture, or other symbols.
----------
16. An Amendment To Be Offered by Representative Armey of Texas, or
Representative DeLay of Texas, or a Designee, Debatable for 20 Minutes
After part C of title IV of the Elementary and Secondary
Education Act of 1965, as amended by section 421 of the bill,
add the following:
PART D--EDUCATIONAL OPPORTUNITY FUND
SEC. 431. EDUCATIONAL OPPORTUNITY FUND.
Title IV is amended by adding at the end the following:
``PART D--EDUCATIONAL OPPORTUNITY FUND
``SEC. 4411. PURPOSE.
``The purpose of this part is to determine the effectiveness
of school choice in improving the academic achievement of
disadvantaged students and the overall quality of public
schools and local educational agencies.
``SEC. 4412. PROGRAM AUTHORIZED.
``The Secretary is authorized to make competitive awards to
eligible entities to carry out and evaluate, through contracts
or grants, not more than 5 research projects that demonstrate
how school choice options increase the academic achievement of
students, schools, and local educational agencies.
``SEC. 4413. ELIGIBLE ENTITIES.
``For purposes of this part an eligible entity is--
``(1) a State educational agency;
``(2) a county agency;
``(3) a municipal agency;
``(4) a local educational agency;
``(5) a nonprofit corporation; or
``(6) a consortia thereof.
``SEC. 4414. APPLICATIONS.
``Each eligible entity desiring an award under this part
shall submit an application to the Secretary that shall
include--
``(1) a description of the proposed research project,
including a designation from which local educational
agency or agencies eligible students will be selected
to participate in a choice program;
``(2) a description of the annual costs of the
project;
``(3) a description of the research design that the
eligible entity will employ in carrying out the
project;
``(4) a description of the project evaluation that
will be conducted by an independent third party entity,
including--
``(A) the name and qualifications of the
independent entity that will conduct the
evaluation; and
``(B) a description of how the evaluation
will measure the academic achievement of
students participating in the program, parental
satisfaction and the effect of the project on
the schools and agencies designated in
paragraph (1);
``(5) a description of how the eligible entity will
ensure the participation of students selected for the
control group;
``(6) a description of the assessment that the
eligible entity will use to assess annually the
progress of participants in the research project in
grades 3 through 8 in mathematics and reading and how
it is comparable to assessments used by the agency or
agencies described under paragraph (1);
``(7) an assurance that the eligible entity will
assess all students that are participating in the
program or in the control group at the beginning of the
project;
``(8) an assurance that the eligible entity will
report annually to the Secretary on the impact of the
project on student achievement, including a discussion
of the meaning and an attestation of validity of the
achievement data;
``(9) an assurance that, if the number of students
applying to participate in the project is greater than
the number of students the project can serve,
participants will be selected by lottery;
``(10) a description of how the amount that will be
provided directly to students for tuition, fees,
transportation, or supplemental services will be
determined;
``(11) an assurance that schools participating under
this part will abide by the nondiscrimination
requirements set forth in section 4419;
``(12) an assurance that eligible students receiving
assistance under this part will not be defined by
reference to religion and that grants will be allocated
on the basis of neutral, secular criteria that neither
favor nor disfavor religion, and will be made available
to children attending secular and nonsecular
institutions on a nondiscriminatory basis; and
``(13) an assurance that no private school will be
required to participate in the project without its
consent.
``SEC. 4415. PRIORITIES.
``In awarding grants under this program, the Secretary shall
give priority to applications that--
``(1) provide students and families with the widest
range of educational options;
``(2) target resources to students and families that
lack the financial resources to take advantage of
available educational options;
``(3) are of sufficient size to have a significant
impact on the public and private schools of the
community that the project serves;
``(4) propose using rigorous methodologies and third
party evaluators with experience in evaluating school
choice proposals; and
``(5) propose serving students of varying age and
grade levels.
``SEC. 4416. USE OF FUNDS.
``(a) In General.--A grantee may reserve up to 10 percent of
its award for research and evaluation activities, of which not
more than 2 percent may be used for administrative purposes.
``(b) Grants to Students.--A grantee shall use at least 90
percent of its award to provide grants to eligible students,
who shall use the grants to--
``(1) pay the eligible educational expenses,
including tuition, fees, and transportation expenses
required to attend the school of their choice, but in
no event more than $5,000 per student; or
``(2) purchase supplemental educational services.
``(c) Assistance.--All grants provided to students under this
part shall be considered assistance to students rather than to
schools.
``SEC. 4417. ELIGIBLE STUDENTS.
``For purposes of the activities funded under this part, an
eligible student is defined as a student who--
``(1) is eligible for a free or reduced-price lunch
subsidy under the National School Lunch program; and
``(2) attended a public elementary or secondary
school or was not yet of school age in the year
preceding participation in this program.
``SEC. 4418. REPORTING REQUIREMENTS.
``(a) In General.--Each grantee receiving an award under this
program shall, beginning with the second year of the project,
report annually to the Secretary regarding--
``(1) the activities carried out during the preceding
12 months with program funds; and
``(2) the results of the assessments given to
students participating in the program and students
selected for the control group.
``(b) Performance Reports.--In addition, each grantee shall,
in the third year of the research project, report annually to
the Secretary regarding--
``(1) the academic performance of students
participating in the project; and
``(2) parental satisfaction; and
``(3) changes in the overall performance and quality
of public and private elementary and secondary schools
affected by the project, as well as other indicators
such as teacher quality, innovative reforms, or special
programs.
``(c) Report to Congress.--The Secretary shall submit to the
appropriate congressional committees an annual report on the
findings of the reports submitted under subsections (a) and
(b), and include the comments of the independent review panel
in accordance with section 4420(c)(2).
``SEC. 4419. NONDISCRIMINATION.
``(a) In General.--A private school participating in the
scholarship program under this part shall not discriminate on
the basis of race, color, national origin, or sex in carrying
out the provisions of this part.
``(b) Applicability and Construction With Respect to
Discrimination on the Basis of Sex.--
``(1) Applicability.--With respect to discrimination
on the basis of sex, subsection (a) shall not apply to
a private school that is controlled by a religious
organization if the application of subsection (a) is
inconsistent with the religious tenets of the private
school.
``(2) Single-sex schools, classes, or activities.--
With respect to discrimination on the basis of sex,
nothing in subsection (a) shall be construed to prevent
a parent from choosing, or a private school from
offering, a single-sex school, class, or activity.
``(3) Construction.--With respect to discrimination
on the basis of sex, nothing in subsection (a) shall be
construed to require any person, or public or private
entity to provide or pay, or to prohibit any such
person or entity from providing or paying, for any
benefit or service, including the use of facilities,
related to an abortion. Nothing in the preceding
sentence shall be construed to permit a penalty to be
imposed on any person or individual because such person
or individual is seeking or has received any benefit or
service related to a legal abortion.
``(c) Children With Disabilities.--Nothing in this part shall
be construed to alter or modify the provisions of the
Individuals with Disabilities Education Act or the
Rehabilitation Act of 1973.
``(d) Rule of Construction.--
``(1) In general.--Nothing in this part shall be
construed to prevent any eligible institution which is
operated by, supervised by, controlled by, or connected
to, a religious organization from employing, admitting,
or giving preference to, persons of the same religion
to the extent determined by such institution to promote
the religious purpose for which the private school is
established or maintained.
``(2) Sectarian purposes.--Nothing in this part shall
be construed to prohibit the use of funds made
available under this part for sectarian educational
purposes, or to require a private school to remove
religious art, icons, scripture, or other symbols.
``SEC. 4420. INDEPENDENT REVIEW PANEL.
``(a) Establishment.--The Secretary shall establish an
independent review panel to advise the Secretary on technical
and methodological issues and in overseeing the activities
funded under this part.
``(b) Membership.--The Secretary shall appoint members of the
independent review panel from among qualified individuals who
are--
``(A) specialists in school choice research, as well
as experts in statistics, evaluation, research, and
assessment; and
``(B) other individuals with technical expertise who
will contribute to the overall rigor and quality of the
evaluations.
``(c) Powers.--The independent review panel shall consult
with and advise the Secretary--
``(1) to ensure that the evaluations funded under
this part adhere to the highest possible standards of
quality with respect to research design and statistical
analysis; and
``(2) to evaluate and comment on the degree to which
annual reports submitted in accordance with section
4418 meet the requirements under paragraph (1) with
such comments included with the report submitted to the
appropriate Congressional committees.
``SEC. 4421. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $50,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 4 succeeding fiscal years.''.
----------
17. An Amendment To Be Offered by Representative Akin of Missouri, or a
Designee, Debatable for 10 Minutes
In section 104 of the bill, at the end of section 1111(b)(4)
of the Elementary and Secondary Education Act of 1965 (as
proposed to be amended by such section 104), add the following:
``(L) be tests of objective knowledge, based
on measurable, verifiable, and widely accepted
professional testing and assessment standards,
and shall not assess the personal opinions,
attitudes, or beliefs of the student being
assessed.
----------
18. An Amendment To Be Offered by Representative Stearns of Florida, or
a Designee, Debatable for 10 Minutes
In section 1116(b) of the Elementary and Secondary Education
Act of 1965, as proposed to be amended by section 106 of the
bill, insert after paragraph (5) the following and redesignated
any subsequent provisions accordingly:
``(6) Additional notification.--Not less than once
each year, each State educational agency shall provide
the Secretary with the name of each school identified
for school improvement under this subsection.
----------
19. An Amendment To Be Offered by Representative Traficant of Ohio, or
a Designee, Debatable for 10 Minutes
In the matter proposed to be inserted as part E of title VIII
of the Elementary and Secondary Education Act of 1965 by
section 801 of the bill, insert after section 8520 the
following:
``SEC. 8521. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE; USE OF
AMERICAN-MADE STEEL.
``(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act,
it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only
American-made equipment and products.
``(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
``(c) Use of American-Made Steel.--A school system receiving
financial assistance under this Act for construction shall use
American-made steel for such construction and shall comply with
the requirements of the Buy American Act.''.
----------
20. An Amendment To Be Offered by Representative Brady of Texas, or a
Designee, Debatable for 20 Minutes
Strike part D of title II of the Elementary and Secondary
Education Act of 1965, as proposed to be added by section 203
of the bill, and insert the following:
``PART D--TEACHER LIABILITY PROTECTION
``SEC. 2301. SHORT TITLE.
``This part may be cited as the `Paul Coverdell Teacher
Liability Protection Act of 2001'.
``SEC. 2302. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) The ability of teachers, principals and other
school professionals to teach, inspire and shape the
intellect of our Nation's elementary and secondary
school students is deterred and hindered by frivolous
lawsuits and litigation.
``(2) Each year more and more teachers, principals
and other school professionals face lawsuits for
actions undertaken as part of their duties to provide
millions of school children quality educational
opportunities.
``(3) Too many teachers, principals and other school
professionals face increasingly severe and random acts
of violence in the classroom and in schools.
``(4) Providing teachers, principals and other school
professionals a safe and secure environment is an
important part of the effort to improve and expand
educational opportunities.
``(5) Clarifying and limiting the liability of
teachers, principals and other school professionals who
undertake reasonable actions to maintain order,
discipline and an appropriate educational environment
is an appropriate subject of Federal legislation
because--
``(A) the scope of the problems created by
the legitimate fears of teachers, principals
and other school professionals about frivolous,
arbitrary or capricious lawsuits against
teachers is of national importance; and
``(B) millions of children and their families
across the Nation depend on teachers,
principals and other school professionals for
the intellectual development of children.
``(b) Purpose.--The purpose of this part is to provide
teachers, principals and other school professionals the tools
they need to undertake reasonable actions to maintain order,
discipline and an appropriate educational environment.
``SEC. 2303. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
``(a) Preemption.--This part preempts the laws of any State
to the extent that such laws are inconsistent with this part,
except that this part shall not preempt any State law that
provides additional protection from liability relating to
teachers.
``(b) Election of State Regarding Nonapplicability.--This
part shall not apply to any civil action in a State court
against a teacher with respect to claims arising within that
State if such State enacts a statute in accordance with State
requirements for enacting legislation--
``(1) citing the authority of this subsection;
``(2) declaring the election of such State that this
part shall not apply, as of a date certain, to such
civil action in the State; and
``(3) containing no other provisions.
``SEC. 2304. LIMITATION ON LIABILITY FOR TEACHERS.
``(a) Liability Protection for Teachers.--Except as provided
in subsections (b) and (c), no teacher in a school shall be
liable for harm caused by an act or omission of the teacher on
behalf of the school if--
``(1) the teacher was acting within the scope of the
teacher's employment or responsibilities related to
providing educational services;
``(2) the actions of the teacher were carried out in
conformity with local, State, and Federal laws, rules
and regulations in furtherance of efforts to control,
discipline, expel, or suspend a student or maintain
order or control in the classroom or school;
``(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the
appropriate authorities for the activities or practice
in the State in which the harm occurred, where the
activities were or practice was undertaken within the
scope of the teacher's responsibilities;
``(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, or a
conscious, flagrant indifference to the rights or
safety of the individual harmed by the teacher; and
``(5) the harm was not caused by the teacher
operating a motor vehicle, vessel, aircraft, or other
vehicle for which the State requires the operator or
the owner of the vehicle, craft, or vessel to--
``(A) possess an operator's license; or
``(B) maintain insurance.
``(b) 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.
``(c) Exceptions to Teacher Liability Protection.--If the
laws of a State limit teacher liability subject to one or more
of the following conditions, such conditions shall not be
construed as inconsistent with this section:
``(1) A State law that requires a school or
governmental entity to adhere to risk management
procedures, including mandatory training of teachers.
``(2) A State law that makes the school or
governmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is
liable for the acts or omissions of its employees.
``(3) A State law that makes a limitation of
liability inapplicable if the civil action was brought
by an officer of a State or local government pursuant
to State or local law.
``(d) Limitation on Punitive Damages Based on the Actions of
Teachers.--
``(1) General rule.--Punitive damages may not be
awarded against a teacher in an action brought for harm
based on the action of a teacher acting within the
scope of the teacher's responsibilities to a school or
governmental entity unless the claimant establishes by
clear and convincing evidence that the harm was
proximately caused by an action of such teacher which
constitutes willful or criminal misconduct, or a
conscious, flagrant indifference to the rights or
safety of the individual harmed.
``(2) Construction.--Paragraph (1) does not create a
cause of action for punitive damages and does not
preempt or supersede any Federal or State law to the
extent that such law would further limit the award of
punitive damages.
``(e) Exceptions to Limitations on Liability.--
``(1) In general.--The limitations on the liability
of a teacher under this part shall not apply to any
misconduct that--
``(A) constitutes a crime of violence (as
that term is defined in section 16 of title 18,
United States Code) or act of international
terrorism (as that term is defined in section
2331 of title 18, United States Code) for which
the defendant has been convicted in any court;
``(B) involves a sexual offense, as defined
by applicable State law, for which the
defendant has been convicted in any court;
``(C) involves misconduct for which the
defendant has been found to have violated a
Federal or State civil rights law; or
``(D) where the defendant was under the
influence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug
at the time of the misconduct.
``(2) Rule of construction.--Nothing in this
subsection shall be construed to affect subsection
(a)(3) or (d).
``SEC. 2305. LIABILITY FOR NONECONOMIC LOSS.
``(a) General Rule.--In any civil action against a teacher,
based on an action of a teacher acting within the scope of the
teacher's 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.--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. The court shall render a separate
judgment against each defendant in an amount determined
pursuant to the preceding sentence.
``(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 that defendant for the claimant's
harm.
``SEC. 2306. RULE OF CONSTRUCTION.
``Nothing in this part 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. 2307. DEFINITIONS.
``For purposes of this part:
``(1) Economic loss.--The term `economic loss' means
any pecuniary loss resulting from harm (including the
loss of earnings or other benefits related to
employment, medical expense loss, replacement services
loss, loss due to death, burial costs, and loss of
business or employment opportunities) to the extent
recovery for such loss is allowed under applicable
State law.
``(2) Harm.--The term `harm' includes physical,
nonphysical, economic, and noneconomic losses.
``(3) Noneconomic losses.--The term `noneconomic
losses' means losses for physical and emotional pain,
suffering, inconvenience, physical impairment, mental
anguish, disfigurement, loss of enjoyment of life, loss
of society and companionship, loss of consortium (other
than loss of domestic service), hedonic damages, injury
to reputation and all other nonpecuniary losses of any
kind or nature.
``(4) School.--The term `school' means a public or
private kindergarten, a public or private elementary
school or secondary school (as defined in section
14101, or a home school.
``(5) State.--The term `State' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, any other
territory or possession of the United States, or any
political subdivision of any such State, territory, or
possession.
``(6) Teacher.--The term `teacher' means a teacher,
instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board, and a
local educational agency and any employee of such
agency.
``SEC. 2308. APPLICABILITY.
``This part 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.''.
----------
21. An Amendment To Be Offered by Representative Mink of Hawaii, or a
Designee, Debatable for 10 Minutes
In subparagraph (A) of section 1116(b)(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
as amended by section 106 of the bill--
(1) strike ``and'' at the end of clause (vii);
(2) strike period at the end of clause (viii) and
insert ``; and''; and
(3) add at the end the following:
``(ix) ensure that a mentoring
program is available to teachers in the
school who have been in the teaching
profession for 3 years or less, which
provides mentoring to beginning
teachers from exemplary veteran
teachers with expertise in the same
subject matter that the beginning
teachers will be teaching, to the
extent practicable be school-based, and
provides mentors time for activities
such as coaching, observing, and
assisting the teachers who are
mentored.''.
----------
22. An Amendment To Be Offered by Representative Wamp of Tennessee, or
Representative Etheridge of North Carolina, or a Designee, Debatable
for 10 Minutes
In section 501 of the bill, strike section 5302 of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501) and insert the following:
``SEC. 5302. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $50,000,000 for fiscal year 2002 and such sums as may be
necessary for each of fiscal years 2003 through 2006.
----------
23. An Amendment To Be Offered by Representative DeMint of South
Carolina, or a Designee, Debatable for 30 Minutes
At the end of the provision proposed to be added by section
701 of the bill, add the following:
``PART C--PERFORMANCE AGREEMENTS
``SEC. 7301. SHORT TITLE.
``This part may be cited as the `Performance Agreements Act'.
``SEC. 7302. PURPOSE.
``The purpose of this part is to create options for selected
State educational agencies and local educational agencies--
``(1) to improve the academic achievement of all
students served by State educational agencies and local
educational agencies, and to focus the resources of the
Federal Government on that achievement;
``(2) to better empower parents, educators,
administrators, and schools to effectively address the
needs of their children and students;
``(3) to give participating State educational
agencies and local educational agencies greater
flexibility in determining how to increase their
students' academic achievement and implement education
reforms in their schools;
``(4) to eliminate barriers to implementing effective
State and local education reform, while preserving the
goals of equality of opportunity for all students and
accountability for student progress;
``(5) to hold participating State educational
agencies and local educational agencies accountable for
increasing the academic achievement of all students,
especially disadvantaged students; and
``(6) to narrow achievement gaps between the lowest
and highest performing groups of students, particularly
low-income and minority students, so that no child is
left behind.
``SEC. 7303. PROGRAM AUTHORITY; SELECTION OF STATE EDUCATIONAL AGENCIES
AND LOCAL EDUCATIONAL AGENCIES.
``(a) Program Authority.--
``(1) In general.--Except as otherwise provided in
this part, the Secretary shall enter into performance
agreements--
``(A) with State educational agencies and
local educational agencies that submit
approvable performance agreement proposals and
are selected under paragraph (2); and
``(B) under which the agencies may
consolidate and use funds as described in
section 7305.
``(2) Selection of state educational agencies and
local educational agencies for participation.--
``(A) In general.--Subject to subparagraphs
(C) and (D), the Secretary shall select not
more than 7 State educational agencies and 25
local educational agencies to enter into
performance agreements under this part. The
State educational agencies and local
educational agencies shall be selected from
among those State educational agencies and
local educational agencies that--
``(i) demonstrate, to the
satisfaction of the Secretary, that the
proposed performance agreement of the
agency--
``(I) has substantial promise
of meeting the requirements of
this part; and
``(II) describes a plan to
combine and use funds (as
described in section
7305(a)(1)) under the agreement
to exceed, by a statistically
significant amount, the State's
definition of adequate yearly
progress (as described in
subparagraph (B)) while meeting
the requirements of sections
1111 and 1116;
``(ii) have developed, and are
administering, the assessments
described in section 1111(b)(4);
``(iii) provide information in the
proposed performance agreement
regarding how the State educational
agency--
``(I) has notified the local
educational agencies within the
State of the State educational
agency's intent to submit a
proposed performance agreement;
and
``(II) consulted with the
Governor of the State about the
terms of the proposed
performance agreement;
``(iv) consulted and involved parents
and educators in the development of the
proposal; and
``(v) provide such other information,
at such time and in such manner, as the
Secretary may reasonably require.
``(B) Definition of adequate yearly
progress.--In this part the term `adequate
yearly progress' means the adequate yearly
progress determined by the State pursuant to
section 1111(b)(2)(C).
``(C) Geographic distribution.--If more than
7 State educational agencies or 25 local
educational agencies submit approvable
performance agreements under this part, then
the Secretary shall select agencies for
performance agreements under this part in a
manner that ensures, to the greatest extent
possible, an equitable geographic distribution
of such agencies selected for performance
agreements. In addition, if more than 25 local
educational agencies submit approvable
performance agreements under this part, then
the Secretary shall select local educational
agencies for performance agreements under this
part in a manner that ensures an equitable
distribution of such agencies selected for
performance agreements among such agencies
serving urban and rural areas.
``(D) Local educational agency
participation.--
``(i) In general.--If a local
educational agency is located in a
State that does not enter into a
performance agreement under
subparagraph (A), then the local
educational agency may be selected to
enter into a performance agreement with
the Secretary under subparagraph (A),
but only if the local educational
agency--
``(I) meets the requirements
of this part that are
applicable to the local
educational agency pursuant to
clause (iii), except as
provided under clause (v);
``(II) notifies the State
educational agency of the local
educational agency's intent to
enter into a performance
agreement under this part; and
``(III) notifies the Governor
of the State regarding the
terms of the proposed
performance agreement.
``(ii) Prohibition.--In the event
that a local educational agency enters
into a performance agreement under this
part, the State educational agency
serving the State in which the local
educational agency is located may not
enter into a performance agreement
under this part unless--
``(I) the State educational
agency has consulted the local
educational agency; and
``(II) the term of the local
educational agency's original
performance agreement has
ended.
``(iii) Applicability.--Except as
provided in clauses (iv) and (v), each
requirement and limitation under this
part that is applicable to a State
educational agency with respect to a
performance agreement under this part
shall be applicable to a local
educational agency with respect to a
performance agreement under this
section, to the extent the Secretary
determines appropriate.
``(iv) Local educational agency
waiver.--
``(I) Waiver.--If a local
educational agency does not
wish to participate in the
State educational agency's
performance agreement, then the
local educational agency shall
apply to the State educational
agency for a waiver within 45
days of notification from the
State educational agency of the
State educational agency's
desire to participate in a
performance agreement.
``(II) Response.--A State
educational agency that
receives a waiver application
under subclause (I) shall
respond to the waiver
application within 45 days of
receipt of the application. In
order to obtain the waiver, the
local educational agency shall
reasonably demonstrate to the
State educational agency that
the local educational agency
would be better able to exceed
adequate yearly progress by
opting out of the performance
agreement and remaining subject
to the requirements of the
affected Federal programs. If
the State educational agency
denies the waiver, the State
educational agency shall
explain to the local
educational agency the State
educational agency's reasons
for the denial.
``(III) Applicability.--If a
local educational agency
receives a waiver under this
clause, then the agency shall
receive funds and be subject to
the provisions of Federal law
governing each Federal program
included in the State
educational agency's
performance agreement.
``(v) Inapplicability.--The following
provisions shall not apply to a local
educational agency with respect to a
performance agreement under this part:
``(I) The provisions of
section 7303(a)(2)(A)(iii)
relating to State educational
agency information.
``(II) The provisions of
section 7304(a)(3)(B) limiting
the use of funds other than
those funds provided under part
A of title I.
``(III) The provisions of
section 7305(b), to the extent
that those provisions permit
the consolidation of funds that
are awarded by a State on a
competitive basis.
``(IV) The provisions
relating to distribution of
funds under section 7306.
``(V) The provisions limiting
State use of funds for
administrative purposes under
section 7308(a).
``(VI) The provisions of
section 7309(e)(1) regarding
State sanctions.
``(b) Ed-Flex Prohibition.--Each State or local educational
agency that enters into a performance agreement under this part
shall be ineligible to receive a waiver under the Education
Flexibility Partnership Act of 1999 for the term of the
performance agreement.
``SEC. 7304. PERFORMANCE AGREEMENT.
``(a) Terms of Performance Agreement.--
``(1) Required provisions.--Each performance
agreement entered into by the Secretary and a State
educational agency or a local educational agency under
this part shall--
``(A) be for a term of 5 years, except as
provided in section 7309(a);
``(B) provide that no requirements of any
program described in section 7305(b) and
included in the scope of the agreement shall
apply, except as otherwise provided in this
part;
``(C) list which of the programs described in
section 7305(b) are included in the scope of
the performance agreement;
``(D) contain a 5-year plan describing how
the State educational agency will--
``(i) ensure compliance with sections
1003, 1111 (other than subsections
(c)(3) and (c)(10)), 1112 (other than
subsections (b)(3), (c)(1)(E), and
(c)(1)(H)), 1114, 1115, 1116, 1117,
1118(c), 1118(d), 1118(e)(1),
1118(e)(3), and 1118(e)(7), except that
section 1114(b)(1) shall be applied
substituting `35 percent' for `40
percent';
``(ii) address professional
development under the performance
agreement;
``(iii) combine and use the funds
from programs included in the scope of
the performance agreement to exceed, by
a statistically significant amount, the
State's definition of adequate yearly
progress; and
``(iv) if title II is included in the
performance agreement, ensure
compliance with section 1119(a)(2) as
applicable;
``(E) contain an assurance that the State
educational agency has provided parents,
teachers, schools, and local educational
agencies in the State, with notice and an
opportunity to comment on the proposed terms of
the performance agreement, including the
distribution and use of funds to be
consolidated, in accordance with State law;
``(F) provide that the State educational
agency will use fiscal control and fund-
accounting procedures that will ensure proper
disbursement of, and accounting for, Federal
funds consolidated and used under the
performance agreement;
``(G) contain an assurance that the State
educational agency will meet the requirements
of all applicable Federal civil rights laws in
carrying out the performance agreement and in
consolidating and using the funds under the
performance agreement;
``(H) require that, in consolidating and
using funds under the performance agreement,
the State educational agency will comply with
the equitable participation requirements
described in section 7305(c);
``(I) provide that the State educational
agency will, for the duration of the
performance agreement, use funds consolidated
and used under section 7305 only to supplement
the amount of funds that would, in the absence
of those Federal funds, be made available from
non-Federal sources for the education of
students participating in programs assisted
with the consolidated funds and used under
section 7305, and not to supplant those funds;
``(J) contain an assurance that the State
educational agency will comply with the
maintenance of effort requirements of paragraph
(2);
``(K) provide that, not later than 1 year
after the date on which the Secretary and the
State educational agency enter into the
performance agreement, and annually thereafter
during the term of the agreement, the State
educational agency will disseminate widely to
parents (in a format and, to the extent
practicable, in a language the parents can
understand) and the general public, transmit to
the Secretary, distribute to print and
broadcast media, and post on the Internet, a
report that includes--
``(i) the data as described in
section 1111(h);
``(ii) a detailed description of how
the State educational agency used the
funds consolidated under the
performance agreement to exceed, by a
statistically significant amount, its
definition of adequate yearly progress;
and
``(iii) whether the State educational
agency has met the teacher quality
goals established under section
1119(a)(2); and
``(L) in the case of an agency that includes
part A of title V in its performance agreement,
contain an assurance that--
``(i) the agency will not diminish
its ability to provide a drug and
violence free learning environment as a
result of entering into the performance
agreement, except that nothing in this
clause shall be construed to limit the
ability of the agency to participate in
a program under part A title V due to an
unforeseen event involving drugs or violence;
``(ii) the agency will prepare the
needs assessment described in section
5115(a)(1)(A) and the report described
in section 5116 (b) and (c), as
appropriate, for each school year; and
``(iii) the agency will use the
information in the assessment and
report described in clause (ii) to
ensure compliance with clause (i).
``(2) Maintenance of state financial support.--
``(A) In general.--Each State entering into a
performance agreement under this part shall not
reduce the amount of State financial support
for education for a fiscal year below the
amount of such support for the preceding fiscal
year.
``(B) Reduction of funds for failure to
maintain effort.--The Secretary shall reduce
the allotment of funds to a State pursuant to
the terms of the performance agreement for any
fiscal year following a fiscal year in which
the State fails to comply with subparagraph (A)
by the same amount by which the State fails to
meet the requirements of subparagraph (A).
``(C) Waivers for exceptional or
uncontrollable circumstances.--The Secretary
may waive the requirement of subparagraph (A)
for a State, for one fiscal year at a time, if
the Secretary determines that granting a waiver
would be equitable due to exceptional or
uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen
decline in the financial resources of the
State.
``(D) Subsequent years.--If, for any year, a
State fails to meet the requirement of
subparagraph (A), including any year for which
the State is granted a waiver under
subparagraph (C), then the financial support
required of the State in future years under
subparagraph (A) shall be the amount that would
have been required in the absence of that
failure and not the reduced level of the
State's support.
``(3) Maintenance of local financial support.--
``(A) In general.--Each local educational
agency entering into a performance agreement
under this part shall not reduce the amount of
local educational agency financial support for
education for a fiscal year below 90 percent of
the amount of that support for the preceding
fiscal year.
``(B) Reduction of funds for failure to
maintain support.--The Secretary shall reduce
the amount made available to a local
educational agency under a performance
agreement under this part for any fiscal year
following the fiscal year in which the local
educational agency fails to comply with
subparagraph (A) by the same amount by which
the local educational agency fails to meet the
requirements of subparagraph (A).
``(C) Waivers for exceptional or
uncontrollable circumstances.--The Secretary
may waive the requirement of subparagraph (A)
for a local educational agency if the Secretary
determines that granting a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the local educational
agency, or to permit the local educational
agency to adjust for changes in student
population within the schools served by the
local educational agency.
``(D) Subsequent years.--If, for any year, a
local educational agency fails to meet the
requirement of subparagraph (A), including any
year for which the local educational agency is
granted a waiver under subparagraph (C), then
the financial support required of the local
educational agency in future years under
subparagraph (A) shall be the amount that would
have been required in the absence of that
failure and not the reduced level of the local
educational agency's support.
``(4) Program-specific provisions.--
``(A) Part a of title i funds.--If part A of
title I is included in the scope of the
performance agreement, the performance
agreement shall provide that sections 1113, and
1124 through 1127, shall apply to the
allocation of funds under such part, unless the
State educational agency demonstrates, to the
satisfaction of the Secretary and prior to
approval of the performance agreement, that the
State educational agency will use an
alternative allocation method that will better
target poverty or educational need. Any
alternative method shall result in the
percentage of such funds allocated to each
local educational agency served by the State
educational agency that meets the eligibility
criteria for a concentration grant according to
section 1124A exceeding the percentage of such
funds allocated to such local educational
agency under part A of title I. Such
alternative allocation methods may include
implementation of a State's weighted formula,
use of a State's most current census data to
better target poor children, or a State setting
higher thresholds for poverty so that funding
is more targeted to schools with higher
concentrations of poverty.
``(B) Nontitle i funds.--The performance
agreement shall provide that, for funds other
than those under part A of title I that are
consolidated and used under section 7305(b),
the State educational agency will demonstrate,
to the satisfaction of the Secretary and prior
to approval of the performance agreement, that
the State educational agency will allocate the
funds in a manner that ensures that the
proportion of funds that are allocated to local
educational agencies in the State based on
poverty are equal to or greater than the
proportion of funds allocated on such basis without
such consolidation or use.
``(b) Approval of Performance Agreement.--
``(1) In general.--Subject to section 7303(a), not
later than 90 days after the deadline established by
the Secretary for receipt of a complete proposed
performance agreement, the Secretary shall approve the
performance agreement, or provide the State educational
agency with a written explanation for not approving the
performance agreement.
``(2) Peer review.--The Secretary shall--
``(A) establish a peer review process to
assist in the review of proposed performance
agreements under this part; and
``(B) appoint individuals to the peer review
process who are representative of parents,
teachers, State educational agencies, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, curriculum, instruction and
staff development, and other diverse
educational needs of students.
``(c) Amendment to Performance Agreement.--
``(1) In general.--Not later than 1 year after
entering into a performance agreement under this part,
a State educational agency may amend its agreement to--
``(A) remove from the scope of the agreement
any program described in section 7305(b); or
``(B) include in the scope of the agreement
any additional program described in section
7305(b), or any additional achievement
indicators for which the State educational
agency will be held accountable.
``(2) Approval of amendment.--
``(A) In general.--Not later than 90 days
after the receipt of a complete proposed
amendment described in paragraph (1), the
Secretary shall approve the amendment unless
the Secretary, by that deadline, provides the
State educational agency with a written
determination that the plan, as amended, would
no longer have substantial promise of meeting
the requirements of this part and meeting the
State educational agency's objective to exceed
adequate yearly progress.
``(B) Treatment as approved.--Each amendment
for which the Secretary fails to take the
action required under subparagraph (A) in the
time period described in that subparagraph
shall be considered to be approved.
``(3) Additional amendments.--In addition to the
amendments described in paragraph (1), the State
educational agency, at any time, may amend its
performance agreement if the State educational agency
demonstrates, to the satisfaction of the Secretary,
that--
``(A) the plan, as amended, will continue to
have substantial promise of meeting the
requirements of this part; and
``(B) the amendment sought by the State will
not substantially alter the original agreement.
``(4) Treatment of program funds withdrawn from
agreement.--The addition, or removal, of a program to
or from the scope of a performance agreement under
paragraph (1) shall take effect with respect to the
participating agency's use of funds made available
under that program beginning on the first day of the
first full academic year following the approval of the
amendment.
``SEC. 7305. CONSOLIDATION AND USE OF FUNDS.
``(a) In General.--
``(1) Authority.--Under a performance agreement
entered into under this part, a State educational
agency may consolidate, subject to subsection (c),
Federal funds made available to the State educational
agency under the provisions listed in subsection (b)
and use those funds for any purpose or use permitted
under any of the eligible programs listed in section
7305(b), subject to paragraph (3).
``(2) Program requirements.--Except as otherwise
provided in this part, a State educational agency may
use funds under paragraph (1) notwithstanding the
requirements of the program under which the funds were
made available to the State educational agency.
``(3) Continuation awards.--A State educational
agency shall make continuation awards for the duration
of the grants to recipients of multiyear competitive
grants under any of the programs described in
subsection (b) that were initially awarded prior to
entering into the performance agreement, and shall not
consolidate any funds under subsection (b) for any year
until after those continuation awards are made.
``(b) Eligible Programs.--Only funds made available for
fiscal year 2002 or any succeeding fiscal year to State
educational agencies under programs under any of the following
provisions of law may be consolidated and used under subsection
(a):
``(1) Part A (other than section 1003), subpart 3 of
part B, or part F of title I.
``(2) Subpart 1 or 3 of part A of title II.
``(3) Part A of title III.
``(4) Subpart 1 of part A of title IV.
``(5) Part A or B of title V.
``(6) Any other program under this Act that is
enacted after the date of enactment of the No Child
Left Behind Act of 2001 under which the Secretary
provides grants to State educational agencies to assist
elementary and secondary education on the basis of a
formula.
``(c) Equitable Participation Requirements.--If a State
educational agency or local educational agency includes in the
scope of its performance agreement programs described in
subsection (b) that have requirements relating to the equitable
participation of private schools, then--
``(1) each local educational agency in the State, or
the local educational agency, as appropriate, shall
determine the amount of consolidated funds to be used
for services and benefits for private school students
and teachers by--
``(A) calculating separately the amount of
funds for services and benefits for private
school students and teachers under each program
that is consolidated and to which those
requirements apply; and
``(B) totaling the amounts calculated under
subparagraph (A);
``(2) except as described in paragraph (3), all
equitable participation requirements, including any
bypass requirements, applicable to the program that is
consolidated shall continue to apply to the funds
consolidated under the agreement from that program; and
``(3) the agency may use the amount of funds
determined under paragraph (1) only for those services
and benefits for private school students and teachers
in accordance with any of the consolidated programs to
which the equitable participation requirements apply,
but may not provide any additional benefits or services
beyond those allowable under the applicable equitable
participation requirements under this Act.
``SEC. 7306. STATE RESERVATION FOR STATE-LEVEL ACTIVITIES.
``(a) State-level Activities.--In order to carry out State-
level activities under the purposes described in section
7305(a)(1) to exceed, by a statistically significant amount,
the State's definition of adequate yearly progress, a State
educational agency that--
``(1) includes part A of title I in the scope of its
performance agreement, may reserve not more than 5
percent of the funds under that part to carry out such
activities; and
``(2) includes programs other than part A of title I
in the scope of its performance agreement, may reserve
not more than 10 percent of the funds under those other
programs to carry out such activities.
``(b) Distribution of Remainder.--A State educational agency
shall distribute the consolidated funds not used under
subsection (a) to local educational agencies in the State in a
manner determined by the State educational agency in accordance
with section 7307.
``SEC. 7307. DISTRIBUTION OF FUNDS UNDER AGREEMENT.
``The distribution of funds consolidated under a performance
agreement shall be determined by the State educational agency
in consultation with the Governor of the State, subject to the
requirements of this part.
``SEC. 7308. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.
``(a) State Educational Agency.--Subject to section
7309(e)(1), each State educational agency that has entered into
a performance agreement under this part may reserve for
administrative purposes not more than 1 percent of the total
amount of funds made available to the State educational agency
under the programs included in the scope of the performance
agreement.
``(b) Local Educational Agency.--Subject to section
7309(e)(2), each local educational agency that has entered into
a performance agreement with the Secretary under this part may
use for administrative purposes not more than 4 percent of the
total amount of funds made available to the local educational
agency under the programs included in the scope of the
performance agreement.
``SEC. 7309. PERFORMANCE REVIEW AND PENALTIES.
``(a) Early Termination of Agreement.--
``(1) Performance goal failure.--Beginning with the
first full academic year after a State educational
agency enters into a performance agreement under this
part, and after providing the State educational agency
with notice and an opportunity for a hearing (including
the opportunity to provide information as provided in
paragraph (3)), if the State educational agency fails
to meet its definition of adequate yearly progress for
2 consecutive years, or fails to exceed, by a
statistically significant amount, its definition of
adequate yearly progress for 3 consecutive years, then
the Secretary shall terminate promptly the performance
agreement.
``(2) Noncompliance.--The Secretary may, after
providing notice and an opportunity for a hearing
(including the opportunity to provide information as
provided in paragraph (3)), terminate a performance
agreement if there is evidence that the State
educational agency has failed to comply with the terms
of the performance agreement.
``(3) Information.--If a State educational agency
believes that the Secretary's determination under this
subsection is in error for statistical or other
substantive reasons, the State educational agency may
provide supporting evidence to the Secretary, and the
Secretary shall consider that evidence before making a
final early termination determination.
``(b) No Renewal if Performance Unsatisfactory.--If, at the
end of the 5-year term of a performance agreement entered into
under this part, a State educational agency has not
substantially met the State's definition of adequate yearly
progress, then the Secretary shall not renew the agreement
under section 7310.
``(c) Two-Year Wait-Out Period.--A State educational agency
whose performance agreement was terminated under subsection
(a), or was not renewed in accordance with subsection (b), may
not enter into another performance agreement under this part
until after the State educational agency meets its definition
of adequate yearly progress for 2 consecutive years following
the termination or nonrenewal.
``(d) Program Requirements in Effect After Termination or
Nonrenewal of the Agreement.--Beginning on the first day of the
first full academic year following the end of a performance
agreement under this part (including through termination under
subsection (a)) the State educational agency shall comply with
each of the program requirements in effect on that date for
each program included in the performance agreement.
``(e) Sanctions.--
``(1) State sanctions.--If, beginning with the first
full academic year after a State educational agency
enters into a performance agreement under this part--
``(A) the Secretary determines, on the basis
of data from the State assessment system
described in section 1111 and data from State
assessments under the National Assessment of
Educational Progress of 4th and 8th grade
reading and mathematics skills, or an
assessment described in section
7101(b)(1)(B)(ii), for 2 consecutive years,
that--
``(i) the State educational agency
has failed to exceed, by a
statistically significant amount, the
State's definition of adequate yearly
progress; and
``(ii) students who are racial and
ethnic minorities, and economically
disadvantaged students, in the State
failed to make statistically
significant progress in the academic
subjects for which the State has
developed State content and student
performance standards,
then the amount that the State educational
agency may use for administrative expenses in
accordance with section 7308 shall be reduced
by 30 percent; and
``(B) the Secretary determines that a State
educational agency fails to make adequate
yearly progress as described in subsection (b)
of section 7102, the Secretary shall reduce
State funds in accordance with such subsection.
``(2) Local educational agencies.--If, beginning with
the first full academic year after a local educational
agency enters into a performance agreement under this
part, the Secretary determines, on the basis of data
from the State assessment system described in section
1111 that a local educational agency failed to exceed,
by a statistically significant amount, the State's
definition of adequate yearly progress for 2
consecutive years, then the amount that the local
educational agency may use for administrative expenses
in accordance with section 7308 shall be reduced by 30
percent.
``SEC. 7310. RENEWAL OF PERFORMANCE AGREEMENT.
``(a) In General.--Except as provided in section 7309 (a) and
(b), and in accordance with this section, the Secretary shall
renew for 1 additional 5-year term a performance agreement
under this part if the Secretary determines, on the basis of
the information reported under section 7304(a)(1)(K), that the
adequate yearly progress described in the performance agreement
has been exceeded by a statistically significant amount.
``(b) Notification.--The Secretary shall not renew a
performance agreement under this part unless the
Stateeducational agency seeking the renewal notifies the Secretary of
the agency's intention to renew the performance agreement not less than
6 months prior to the end of the original term of the performance
agreement.
``(c) Effective Date.--A renewal under this section shall be
effective at the end of the original term of the performance
agreement or on the date on which the State educational agency
provides to the Secretary all data and information required
under the performance agreement, whichever is later, except
that in no case may there be a renewal under this section
unless that data and information is provided to the Secretary
not later than 60 days after the end of the original term of
the performance agreement.
``SEC. 7311. EVALUATION.
``(a) Study.--The Secretary is authorized to award a grant to
the Comptroller General to conduct a study examining the
effectiveness of the demonstration program under this part. The
study shall examine--
``(1) the performance of the disaggregated groups of
students described in section 1111(b)(2)(C)(iii)(III)
prior to entering into the performance agreement as
compared to the performance of such groups after
completion of the performance agreement on State
assessments and the National Assessment of Educational
Progress, or an assessment described in section
7101(b)(1)(B)(ii);
``(2) the graduation rates (as required by section
1111(h)(1)(D)(iii)) prior to entering into the
performance agreement as compared to the dropout data
after completion of the performance agreement;
``(3) the ways in which the State educational
agencies and local educational agencies entering into
performance agreements distributed and used Federal
education resources as compared to the ways in which
such agencies distributed and used Federal education
resources prior to entering the performance agreement;
``(4) a comparison of the data described in
paragraphs (1), (2), and (3) between State educational
agencies and local educational agencies entering into
performance agreements compared to other State
educational agencies and local educational agencies to
determine the effectiveness of the program; and
``(5) any other factors that are relevant to
evaluating the effectiveness of the program.
``(b) Report.--The Secretary shall make public the results of
the evaluation carried out under subsection (a) and shall
report the results of the study to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives.
``SEC. 7312. TRANSMITTAL OF REPORTS TO CONGRESS.
``Not later than 60 days after the Secretary receives an
annual report described in section 7304(a)(1)(K), the Secretary
shall make the report available to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.''.
----------
24. An Amendment To Be Offered by Representative Hilleary of Tennessee,
or a Designee, Debatable for 10 Minutes
After part A of title IX of the bill, insert the following
(and redesignate provisions accordingly):
PART B--EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES
SEC. 921. SHORT TITLE.
This part may be cited as the ``Boy Scouts of America Equal
Access Act''.
SEC. 922. EQUAL ACCESS.
(a) In General.--Notwithstanding any other provision of law,
no funds made available through the Department of Education
shall be provided to any public elementary school, public
secondary school, local educational agency, or State
educational agency, if the school or a school served by the
agency--
(1) has a designated open forum; and
(2) denies equal access or a fair opportunity to meet
to, or discriminates against, any group affiliated with
the Boy Scouts of America or any other youth group that
wishes to conduct a meeting within that designated open
forum, on the basis of the membership or leadership
criteria of the Boy Scouts of America or of the youth
group that prohibit the acceptance of homosexuals, or
individuals who reject the Boy Scouts' or the youth
group's oath of allegiance to God and country, as
members or leaders.
(b) Termination of Assistance and Other Action.--
(1) Departmental action.--The Secretary is authorized
and directed to effectuate subsection (a) by issuing,
and securing compliance with, rules or orders with
respect to a public school or agency that receives
funds made available through the Department of
Education and that denies equal access, or a fair
opportunity to meet, or discriminates, as described in
subsection (a).
(2) Procedure.--The Secretary shall issue and secure
compliance with the rules or orders, under paragraph
(1), in a manner consistent with the procedure used by
a Federal department or agency under section 602 of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-1).
(3) Judicial review.--Any action taken by the
Secretary under paragraph (1) shall be subject to the
judicial review described in section 603 of that Act
(42 U.S.C. 2000d-2). Any person aggrieved by the action
may obtain that judicial review in the manner, and to
the extent, provided in section 603 of that Act.
(c) Definitions and Rule.--
(1) Definitions.--In this section:
(A) Elementary school; local educational
agency; secondary school; state educational
agency.--The terms ``elementary school'',
``local educational agency'', ``secondary
school'', and ``State educational agency'' have
the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of
1965 (as in effect after the effective date of
this Act).
(B) Secretary.--The term ``Secretary'' means
the Secretary of Education, acting through the
Assistant Secretary for Civil Rights of the
Department of Education.
(C) Youth group.--The term ``youth group''
means any group or organization intended to
serve young people under the age of 21.
(2) Rule.--For purposes of this section, an
elementary school or secondary school has a designated
open forum whenever the school involved grants an
offering to or opportunity for 1 or more youth or
community groups to meet on school premises or in
school facilities before or after the hours during
which attendance at the school is compulsory.
SEC. 923. EFFECTIVE DATE.
Notwithstanding section 5, this part takes effect 1 day after
the date of the enactment of this Act.
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25. An Amendment To Be Offered by Representative Velazquez of New York,
or a Designee, Debatable for 10 Minutes
In section 501 of the bill, in section 5123(h) of the
Elementary and Secondary Education Act of 1965 (as proposed to
be amended by such section 501), insert after paragraph (2) the
following:
``(3) In-kind contributions.--Each State that
requires an eligible entity to match funds under this
subsection shall permit such entity to provide all or
any portion of such match in the form of in-kind
contributions.
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26. An Amendment To Be Offered by Representative Kirk of Illinois, or a
Designee, Debatable for 10 Minutes
The amendment as modified is as follows:
At the end of title VI of the bill, add the following:
SEC. 607. SENSE OF CONGRESS RELATING TO FULL FUNDING OF THE IMPACT AID
PROGRAM.
(a) Findings.--Congress finds the following:
(1) More than 90 percent of resources for school
districts in the United States are raised from State
and local property taxes.
(2) School districts that are affected by the
presence of the Federal government, such as Federal
property that is not subject to taxation, must still
provide educational services to children who are
federally connected by such activities of the Federal
government.
(3) To mitigate this loss of funding, Congress has
made ``impact aid'' payments to local educational
agencies to reimburse the agencies for the costs of
educating federally connected children.
(4) From 1950 to 1969, Congress provided full funding
for the impact aid program to help defray the costs of
educating federally connected children.
(5) For fiscal year 2000, Congress provided only 46
percent of the costs of educating federally connected
children.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the House of Representatives, Senate, and
Administration should work together to provide full
funding for the impact aid program in future fiscal
years in order to meet the needs of school districts
affected by a Federal presence; and
(2) the full funding of the impact aid program will
ensure that federally connected children will continue
to receive a quality education.
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27. An Amendment To Be Offered by Representative Hoeffel of
Pennsylvania, or a Designee, Debatable for 10 Minutes
In section 5214(b)(1) of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 501
of the bill, add at the end the following: ``Such a description
may include how the applicant will provide release time for
teachers (which may include the provision of a substitute
teacher).''.
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28. An Amendment To Be Offered by Representative Cox of California, or
a Designee, Debatable for 20 Minutes
In part E of title VIII of the Elementary and Secondary
Education Act of 1965, as proposed to be amended by section 801
of the bill--
(1) redesignate section 8520 as section 8521 (and
correct any cross-references accordingly); and
(2) insert after section 8519 the following:
``SEC. 8520. AGGREGATE INCREASE IN AUTHORIZATION OF APPROPRIATIONS FOR
FISCAL YEAR 2002 EQUAL TO 11.5 PERCENT.
``Notwithstanding any other provision of this Act--
``(1) for fiscal year 2002, the aggregate amount of
funds authorized to be appropriated under this Act
shall be $20,528,782,360 (representing an increase of
11.5 percent over the aggregate amount appropriated for
programs under this Act for fiscal year 2001); and
``(2) for each subsequent fiscal year covered by this
Act, the aggregate amount of funds authorized to be
appropriated under this Act shall be the amount
appropriated for the preceding fiscal year, increased
by 3.5 percent.