[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2228 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2228

             To increase the number of qualified teachers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 1997

  Mr. Miller of California (for himself, Mr. Martinez, Mr. Ford, Mr. 
  Stark, Mr. Oberstar, and Mr. Faleomavaega) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
             To increase the number of qualified teachers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teaching Excellence for All Children 
Act of 1997''.

SEC. 2. STATEMENT OF POLICY; FINDINGS.

    (a) Statement of Policy.--The Congress declares it to be the policy 
of the United States that each student shall have a competent and 
qualified teacher.
    (b) Findings.--Congress finds the following:
            (1) The number of elementary and secondary school students 
        is expected to increase each successive year between now and 
        the year 2006, at which time total enrollment will reach 
        54,600,000.
            (2) As the number of students increases, the need for 
        qualified teachers will increase. Increases in enrollment and 
        teacher retirements together will create demand for 2,000,000 
        new teachers by the year 2006.
            (3) The lack of qualified teachers to meet this demand is a 
        significant barrier to students receiving an appropriate 
        education.
            (4) The National Commission on Teaching and America's 
        Future has found that one-quarter of the nation's classroom 
        teachers are not fully qualified to teach in their subject 
        areas. Unless corrective action is taken at the local, State, 
        and Federal levels, the additional demand for teachers is 
        likely to result in a further decline in teacher quality.
            (5) Now is the time to redouble efforts to ensure that 
        teachers are properly prepared and qualified and receive the 
        ongoing support and professional development they need to be 
        effective educators.

                        TITLE I--PARENTAL RIGHTS

SEC. 101. PARENTAL RIGHT TO KNOW.

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965 is amended by inserting after section 14514 (20 U.S.C. 8904) 
the following new section:

``SEC. 14515. TEACHER QUALIFICATIONS.

    ``Any public elementary or secondary school that receives funds 
under this Act shall make available to the parents of each student 
information regarding the qualifications of each of the student's 
teachers, both generally and with regard to the content area or areas 
in which each teacher provides instruction.''.

                      TITLE II--QUALIFIED TEACHERS

SEC. 201. ENSURING A QUALIFIED TEACHER IN EVERY CLASSROOM.

    To be eligible to receive funds under the Elementary and Secondary 
Education Act of 1965, each State shall ensure that--
            (1) each teacher in a public elementary or secondary school 
        in the State has demonstrated the subject matter knowledge, 
        teaching knowledge, and teaching skill necessary to teach 
        effectively in the content area or areas in which the teacher 
        provides instruction;
            (2) each teacher in the State for whom such qualifications 
        have been waived temporarily to respond to emergency teacher 
        shortages or other circumstances must, not later than 3 years 
        after such waiver, demonstrate the subject matter knowledge, 
        teaching knowledge, and teaching skill necessary to teach 
        effectively in the content area or areas in which the teacher 
        provides instruction;
            (3) no student will be taught for more than 2 consecutive 
        years by a teacher who does not meet the criteria under 
        paragraph (1);
            (4) the State provides incentives for teachers to pursue 
        and achieve advanced teaching and subject area content 
        standards;
            (5) the State has in place an effective mechanism to remove 
        incompetent or unqualified teachers; and
            (6) the State aggressively helps schools, particularly 
        those in high need areas, recruit and retain qualified 
        teachers.

      TITLE III--FEDERAL FUNDS USED IN THE PREPARATION OF TEACHERS

SEC. 301. MINIMUM TEACHER TRAINING STANDARDS.

    Title V of the Higher Education Act of 1965 is amended by inserting 
after section 500 (20 U.S.C. 1101) the following new section:

``SEC. 500A. MINIMUM TEACHER TRAINING STANDARDS.

    ``(a) General Requirement.--Any institution of higher education 
that receives, directly or indirectly, any funds appropriated pursuant 
to this or any other Federal law for the purpose of preparing or 
training teachers shall--
            ``(1) meet nationally recognized professional standards for 
        accreditation; or
            ``(2) demonstrate to the Secretary that at least 90 percent 
        of the graduates of such institution who enter the field of 
        teaching take, and pass on their first attempt, the State 
        teacher qualification assessment for new teachers.
    ``(b) Authority of Secretary To Waive.--The Secretary may issue a 
one-time waiver, for a duration of no more than 5 years, in any case in 
which an institution of higher education can demonstrate a bona fide 
commitment to, and demonstrate measurable progress toward, meeting the 
requirements of subsection (a).''.

  TITLE IV--INCENTIVES FOR INCREASING THE SUPPLY OF QUALIFIED TEACHERS

SEC. 401. LOAN FORGIVENESS.

    (a) Guaranteed Loans.--Section 437 of the Act is amended--
            (1) in the section heading, by striking out the period at 
        the end thereof and inserting in lieu thereof a semicolon and 
        ``loan forgiveness for teaching'';
            (2) by amending the heading for subsection (c) to read as 
        follows: ``Discharge Related to School Closure or False 
        Certification.--''; and
            (3) by adding at the end thereof the following new 
        subsection:
    ``(e) Cancellation of Loans for Teaching.--(1) The Secretary shall 
discharge the liability of a borrower of a loan made under section 428, 
428H, or 428C (to the extent that a loan made under section 428C repays 
a loan made under section 428 or 428H) on or after the date of 
enactment of the Teaching Excellence for All Children Act of 1997, to 
students who have not previously borrowed under any of such sections, 
by repaying the amount owed on the loan, to the extent specified in 
paragraph (3), for service described in paragraph (2) as a full time 
teacher who has demonstrated, in accordance with State teacher 
certification or licensing law, the subject matter knowledge, teaching 
knowledge, and teaching skill necessary to teach effectively in the 
content area or areas for which the borrower provides instruction.
    ``(2)(A) A loan shall be discharged under paragraph (1) for service 
by the borrower as a full-time teacher for 1 or more academic years in 
a public elementary or secondary school--
            ``(i)(I) in the school district of a local educational 
        agency that is eligible in that academic year for assistance 
        under title I of the Elementary and Secondary Education Act of 
        1965; and
            ``(II) that, for that academic year, has been determined by 
        the Secretary to be a school in which the enrollment of 
        children counted under section 1124(c) of that Act exceeds 30 
        percent of the total enrollment of that school; or
            ``(ii) in an academic subject matter area in which the 
        State or local educational agency determines to the 
        satisfaction of the Secretary that there is a shortage of 
        qualified teachers.
    ``(B) A loan shall be discharged under paragraph (1) at the rate 
provided in paragraph (3)(B) for service described in clause (i) or 
(ii) of subparagraph (A) by the borrower as a full-time teacher for 1 
or more academic years if such borrower--
            ``(i) has engaged in such service for each of the 5 
        preceding academic years; and
            ``(ii) has pursued and achieved advanced teaching 
        credentials.
    ``(3)(A) Loans shall be discharged under paragraph (1) for service 
described in paragraph (2)(A) at the rate of--
            ``(i) 20 percent for the first or second complete academic 
        year of such service, which amount for each year shall not 
        exceed $6,000;
            ``(ii) 25 percent for the third complete year of such 
        service, which amount shall not exceed $7,500; and
            ``(iii) 35 percent for the fourth complete year of such 
        service, which amount shall not exceed $10,500;
except that the total amount for all such academic years shall not 
exceed $30,000.
    ``(B) Loans shall be discharged under paragraph (1) for service 
described in paragraph (2)(B) at the rate of 50 percent for each 
complete academic year of such service, except that the total amount 
discharged shall not exceed $5,000 for any borrower.
    ``(C) If a portion of a loan is discharged under subparagraph (A) 
or (B) for any year, the entire amount of interest on that loan that 
accrues for that year shall also be discharged by the Secretary.
    ``(D) Nothing in this section shall be construed to authorize 
refunding of any repayment of a loan.
    ``(4) The amount of a loan, and interest on a loan, that is 
canceled under this subsection shall not be considered income for 
purposes of the Internal Revenue Code of 1986.
    ``(5) No borrower may, for the same volunteer service, receive a 
benefit under both this subsection and subtitle D of title I of the 
National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
    ``(6) The Secretary shall specify in regulations the manner in 
which lenders shall be reimbursed for loans made under this part, or 
portions thereof, that are discharged under this subsection.
    ``(7) If the list of schools in which a teacher may perform service 
pursuant to paragraph (2) is not available before May 1 of any year, 
the Secretary may use the list for the year preceding the year for 
which the determination is made to make such service determination.
    ``(8) Any teacher who performs service in a school which--
            ``(A) meets the requirements of paragraph (2) in any year 
        during such service; and
            ``(B) in a subsequent year fails to meet the requirements 
        of such subsection,
may continue to teach in such school and shall be eligible for loan 
cancellation pursuant to paragraph (1) with respect to such subsequent 
years.''.
    (b) Direct Loans.--Part D of title IV of the Act is amended by 
inserting after section 458 (20 U.S.C. 1087h) the following new 
section:

``SEC. 459. CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE.

    ``(a) Cancellation of Percentage of Debt Based on Years of 
Qualifying Service.--
            ``(1) In general.--The percent specified in paragraph (3) 
        of the total amount of any loan made under this part after the 
        date of enactment of the Teaching Excellence for All Children 
        Act of 1997, to students who have not previously borrowed under 
        this part, shall be canceled for each complete year of service 
        after such date by the borrower under circumstances described 
        in paragraph (2) for service as a full time teacher who has 
        demonstrated, in accordance with State teacher certification or 
        licensing law, the subject matter knowledge, teaching 
        knowledge, and teaching skill necessary to teach effectively in 
        the content area or areas for which the borrower provides 
        instruction.
            ``(2) Qualifying service.--
                    ``(A) In general.--A loan shall be discharged under 
                paragraph (1) for service by the borrower as a full-
                time teacher for 1 or more academic years in a public 
                elementary or secondary school--
                            ``(i)(I) in the school district of a local 
                        educational agency that is eligible in that 
                        academic year for assistance under title I of 
                        the Elementary and Secondary Education Act of 
                        1965; and
                            ``(II) that, for that academic year, has 
                        been determined by the Secretary to be a school 
                        in which the enrollment of children counted 
                        under section 1124(c) of that Act exceeds 30 
                        percent of the total enrollment of that school; 
                        or
                            ``(ii) in an academic subject matter area 
                        in which the State or local educational agency 
                        determines to the satisfaction of the Secretary 
                        that there is a shortage of qualified teachers.
                    ``(B) Accelerated discharge.--A loan shall be 
                discharged under paragraph (1) at the rate provided in 
                paragraph (3)(B) for service described in clause (i) or 
                (ii) of subparagraph (A) by the borrower as a full-time 
                teacher for 1 or more academic years if such borrower--
                            ``(i) has engaged in such service for each 
                        of the 5 preceding academic years; and
                            ``(ii) has pursued and achieved advanced 
                        teaching credentials.
            ``(3) Percentage of cancellation.--
                    ``(A) In general.--Loans shall be discharged under 
                paragraph (1) for service described in paragraph (2)(A) 
                at the rate of--
                            ``(i) 20 percent for the first or second 
                        complete academic year of such service, which 
                        amount for each year shall not exceed $6,000;
                            ``(ii) 25 percent for the third complete 
                        year of such service, which amount shall not 
                        exceed $7,500; and
                            ``(iii) 35 percent for the fourth complete 
                        year of such service, which amount shall not 
                        exceed $10,500;
                except that the total amount for all such academic 
                years shall not exceed $30,000.
                    ``(B) Accelerated discharge.--Loans shall be 
                discharged under paragraph (1) for service described in 
                paragraph (2)(B) at the rate of 50 percent for each 
                complete academic year of such service, except that the 
                total amount discharged shall not exceed $5,000 for any 
                borrower.
                    ``(C) Treatment of interest.--If a portion of a 
                loan is discharged under subparagraph (A) or (B) for 
                any year, the entire amount of interest on that loan 
                that accrues for that year shall also be discharged by 
                the Secretary.
                    ``(D) Refunding prohibited.--Nothing in this 
                section shall be construed to authorize refunding of 
                any repayment of a loan.
            ``(4) Definition.--For the purpose of this section, the 
        term `year' where applied to service as a teacher means an 
        academic year as defined by the Secretary.
            ``(5) Treatment of canceled amounts.--The amount of a loan, 
        and interest on a loan, which is canceled under this section 
        shall not be considered income for purposes of the Internal 
        Revenue Code of 1986.
            ``(6) Prevention of double benefits.--No borrower may, for 
        the same volunteer service, receive a benefit under both this 
        section and subtitle D of title I of the National and Community 
        Service Act of 1990 (42 U.S.C. 12571 et seq.).
    ``(b)  Special Rules.--
            ``(1) List.--If the list of schools in which a teacher may 
        perform service pursuant to subsection (a)(2)(A) is not 
        available before May 1 of any year, the Secretary may use the 
        list for the year preceding the year for which the 
        determination is made to make such service determination.
            ``(2) Continuing eligibility.--Any teacher who performs 
        service in a school which--
                    ``(A) meets the requirements of subsection 
                (a)(2)(A) in any year during such service; and
                    ``(B) in a subsequent year fails to meet the 
                requirements of such subsection,
        may continue to teach in such school and shall be eligible for 
        loan cancellation pursuant to subsection (a)(1) with respect to 
        such subsequent years.''.

           TITLE V--BEGINNING TEACHER RECRUITMENT AND SUPPORT

SEC. 501. PROGRAM ESTABLISHED.

    Title V of the Higher Education Act of 1965 is amended by adding at 
the end the following new part:

          ``PART G--BEGINNING TEACHER RECRUITMENT AND SUPPORT

``SEC. 599A. PROGRAM AUTHORIZED.

    ``(a) Grants by the Secretary.--The Secretary shall use funds 
pursuant to this subpart to make grants, on a competitive basis, to 
Beginning Teacher Recruitment and Support partnerships for the purpose 
of recruiting, training, and supporting qualified entry-level teachers.
    ``(b) Duration.--Grants shall be awarded for a period of 3 years, 
of which no more than 1 year may be used for planning and preparation.
    ``(c) Beginning Teacher Recruitment and Support Partnership.--For 
the purposes of this subpart, the term `Beginning Teacher Recruitment 
and Support Partnership' means a partnership consisting of--
            ``(1) a local educational agency, a subunit of such agency, 
        or a consortium of such agencies; and
            ``(2) 1 or more nonprofit organizations, including 
        institutions of higher education--
                    ``(A) each of which must have a demonstrated record 
                of success in teacher preparation and staff 
                development;
                    ``(B) which must have expertise and a demonstrated 
                record of success, either collectively or individually, 
                in providing teachers with the subject matter 
                knowledge, teaching knowledge, and teaching skills 
                necessary for them to teach effectively in each and 
                every content area in which they plan to prepare 
                teachers to provide instruction under a grant made 
                under this subpart; and
                    ``(C) which include at least 1 teacher preparation 
                institution that has met the criteria under section 
                500A (as added by section 301 of the Teaching 
                Excellence for All Children Act of 1997).
These entities shall jointly develop and submit their proposal to the 
Department of Education.
    ``(d) Beginning Teacher Recruitment and Support School.--For the 
purpose of this subpart, a `Beginning Teacher Recruitment and Support 
School' is defined as a public elementary or secondary school--
            ``(1)(A) in a school district that is eligible for 
        assistance under title I of the Elementary and Secondary 
        Education Act of 1965; and
            ``(B) that has been determined by the Secretary to be a 
        school in which the enrollment of children counted under 
        section 1124(c) of that Act exceeds 30 percent of the total 
        enrollment of the school; or
            ``(2) where the State or local educational agency 
        determines to the satisfaction of the Secretary that there is a 
        shortage of qualified teachers.

``SEC. 599B. USES OF FUNDS.

    ``(a) Beginning Teacher Recruitment and Support Partnerships.--Each 
partnership receiving a grant under this subpart shall use funds to--
            ``(1) recruit and screen teaching applicants;
            ``(2) establish and conduct intensive summer preplacement 
        professional development seminars for participating Beginning 
        Teacher Recruitment and Support teachers;
            ``(3) establish and conduct ongoing and intensive 
        professional development and support programs for Beginning 
        Teacher Recruitment and Support members for their first 2 years 
        of service; and
            ``(4) annually evaluate the performance of Beginning 
        Teacher Recruitment and Support teachers to determine whether 
        they meet standards for continued participation.
    ``(b) Criteria.--
            ``(1) In general.--The partnership shall select 
        participating Beginning Teacher Recruitment and Support 
        teachers according to criteria designed to--
                    ``(A) attract highly qualified individuals to 
                teaching, including individuals with post-college 
                employment experience who plan to enter teaching from 
                another occupational field; and
                    ``(B) meet the needs of participating schools in 
                addressing shortages of qualified teachers in specific 
                academic subject areas.
            ``(2) Specific criteria.--Such criteria shall include that 
        each Beginning Teacher Recruitment and Support applicant 
        selected has demonstrated the ability to attain the subject 
        matter knowledge, teaching knowledge, and teaching skills 
        necessary to teach effectively in the content area or areas in 
        which he or she will provide instruction.
            ``(3) Special consideration.--Particular effort should be 
        made to recruit individuals who are members of populations that 
        are underrepresented in the teaching profession, especially in 
        the curricular areas in which such individuals are preparing to 
        teach.
            ``(4) Minimum number of teachers per school.--The 
        partnership must ensure that the number of beginning teachers 
        is equal to no less than 3 percent of the faculty of the 
        schools to which they are assigned, except that in no 
        circumstance shall fewer than 2 beginning teachers be assigned 
        to each school.

``SEC. 599C. PARTNERSHIP APPLICATION.

    ``In order to receive funds under this subpart, a partnership shall 
submit an application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may reasonably 
require. Each application shall--
            ``(1) describe how the partnership shall select Beginning 
        Teacher Recruitment and Support members;
            ``(2) describe how recruitment will meet the needs of 
        participating Beginning Teacher Recruitment and Support 
        Schools, especially with regard to the particular academic 
        subject areas in which there is a shortage of qualified 
        teachers;
            ``(3) describe how the partnership will advance the subject 
        matter knowledge, teaching knowledge, and teaching skill of all 
        Beginning Teacher Recruitment and Support members in the Summer 
        Institutes and in ongoing professional development and support 
        activities;
            ``(4) describe how existing school faculty will be involved 
        in the planning and execution of the Summer Institutes and 
        ongoing professional development and support activities, 
        including paired mentorships between Beginning Teacher 
        Recruitment and Support members and experienced classroom 
        teachers;
            ``(5) provide assurances that Beginning Teacher Recruitment 
        and Support members are paid at rates comparable to other entry 
        level teachers in the school district where the Beginning 
        Teacher Recruitment and Support member is assigned;
            ``(6) describe how the Beginning Teacher Recruitment and 
        Support Partnership will monitor, and report not less than 
        annually on, the progress of Beginning Teacher Recruitment and 
        Support members, including--
                    ``(A) the retention rate for Beginning Teacher 
                Recruitment and Support teachers in comparison with 
                other teachers in the same schools in which Beginning 
                Teacher Recruitment and Support members teach; and
                    ``(B) the academic achievement of students served 
                by Beginning Teacher Recruitment and Support teachers, 
                in comparison to those students taught by other entry-
                level teachers; and
            ``(7) describe direct and indirect contributions to the 
        overall cost of the program by the State and local educational 
        agency, and the extent to which the Beginning Teacher 
        Recruitment and Support Partnership activities will be 
        integrated with other professional development and educational 
        reform efforts.''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.

    Nothing in this Act shall be construed to permit, allow, encourage, 
or authorize any Federal control over any aspect of any private or 
religious school that does not receive Federal funds or does not 
participate in Federal programs or services under the Elementary and 
Secondary Education Act of 1965.

SEC. 602. APPLICABILITY TO HOME SCHOOLS.

    Nothing in this Act shall be construed to affect home schools.
                                 <all>