[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1484 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1484

             To increase the number of qualified teachers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Bingaman introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 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 ``Quality Teacher in Every Classroom 
Act''.

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 makes the following findings:
            (1) The number of elementary and secondary school students 
        is expected to increase each successive year between 1997 and 
        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) 1997 is the time to redouble efforts to ensure that 
        teachers are properly prepared and qualified, and receive the 
        ongoing support and professional development teachers 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 (20 U.S.C. 8891 et seq.) is amended by adding at the end the 
following:

``SEC. 14515. TEACHER QUALIFICATIONS.

    ``Any public elementary school or secondary school that receives 
funds under this Act shall provide to the parents of each student 
enrolled in the school information regarding--
            ``(1) the qualifications of each of the student's teachers, 
        both generally and with respect to the content area or areas in 
        which the teacher provides instruction; and
            ``(2) the minimum qualifications required by the State for 
        teacher certification or licensure.''.

                      TITLE II--QUALIFIED TEACHERS

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

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8891 et seq.) (as amended by section 101) is further 
amended by adding at the end the following:

``SEC. 14516. ENSURING A QUALIFIED TEACHER IN EVERY CLASSROOM.

    ``To be eligible to receive funds under this Act, each State shall 
ensure that--
            ``(1) not later than the period that begins on the date of 
        enactment of this section and ends 5 years after such date, and 
        subject to paragraphs (2) and (3), each teacher in a public 
        elementary school 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 the demonstration 
        described in paragraph (1) has been waived temporarily by State 
        or local education agencies to respond to emergency teacher 
        shortages or other circumstances shall, 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 1 year by an 
        elementary school teacher, or for more than 2 consecutive years 
        in the same subject by a secondary school teacher, who has not 
        made the demonstration described in 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;
            ``(6) the State aggressively helps schools, particularly 
        schools in high need areas, recruit and retain qualified 
        teachers;
            ``(7) during the period described in paragraph (1), 
        elementary school and secondary school teachers who do not meet 
        the requirements of paragraph (1), shall not be 
        disproportionately employed in high poverty elementary schools 
        or secondary schools; and
            ``(8) any teacher who meets the standards set by the 
        National Board for Professional Teaching Standards is 
        considered fully qualified to teach in any school district or 
        community in the State.''.

      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 (20 U.S.C. 1101 et 
seq.) is amended by inserting after section 500 of such Act (20 U.S.C. 
1101) the following:

``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 Act or pursuant to any other Federal law for the purpose of 
preparing or training teachers shall--
            ``(1)(A) meet nationally recognized professional standards 
        for accreditation; or
            ``(B) 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 certification or licensure examination for new teachers 
        that is in place on the day of enactment of the Quality Teacher 
        in Every Classroom Act; and
            ``(2) ensure that the graduates hold a liberal arts degree 
        (consisting of a minimum of 18 credits in a social science, 
        arts, humanities, science, or mathematics major) in addition to 
        professional education courses leading to State teacher 
        certification or licensure.
    ``(b) Authority of Secretary To Waive.--The Secretary may issue a 
one-time waiver, for a duration of not 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 Higher Education Act of 
1965 (20 U.S.C. 1087) is amended--
            (1) in the section heading, by striking the period at the 
        end and inserting 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) In general.--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 Quality Teacher in Every Classroom 
        Act, 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--
                    ``(A) has demonstrated, in accordance with State 
                teacher certification or licensure 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;
                    ``(B) has a liberal arts major (in the subject in 
                which the teacher teaches if the teacher teaches in a 
                secondary school) consisting of a minimum of 18 credits 
                in a social science, arts, humanities, science, or 
                mathematics major;
                    ``(C)(i) graduated in the top 25 percent of the 
                teachers class in college (as determined by the 
                teacher's grade point average in college); or
                    ``(ii) scored in the top 20 percent of students 
                taking a Graduate Record Examination (GRE) or a State 
                teacher certification or licensure examination; and
                    ``(D) graduated from an institution of higher 
                education that meets the requirements of section 500A.
            ``(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 (20 U.S.C. 6301 et seq.); 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 (20 U.S.C. 
                        6333(c)) 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, such as certification by 
                        the National Board for Professional Teaching 
                        Standards, Advanced Placement Institutes 
                        training, or a graduate degree in a related 
                        field.
            ``(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) Treatment of canceled amounts.--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) Prevention of double benefits.--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. 12601 et seq.).
            ``(6) Lender reimbursement.--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) List of schools.--
                    ``(A) Publication.--The Secretary shall publish 
                annually a list of the schools for which the Secretary 
                makes a determination under paragraph (2)(A)(i)(II).
                    ``(B) Special rule.--If the list of schools 
                described in subparagraph (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.
            ``(8) Continuing eligibility.--Any teacher who performs 
        service in a school which--
                    ``(A) meets the requirements of paragraph (2)(A) in 
                any year during such service; and
                    ``(B) in a subsequent year fails to meet the 
                requirements of such paragraph,
        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 Higher Education Act 
of 1965 (20 U.S.C. 1087h et seq.) is amended by adding at the end the 
following:

``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 Quality Teacher in Every Classroom 
        Act, 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 
        licensure 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 (20 U.S.C. 6301 et seq.); 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 (20 U.S.C. 
6333(c)) 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. 12601 et seq.).
    ``(b)  Special Rules.--
            ``(1) List.--
                    ``(A) Publication.--The Secretary shall publish 
                annually a list of the schools for which the Secretary 
                makes a determination under paragraph (2)(A)(i)(II).
                    ``(B) Special rule.--If the list of schools 
                described in subparagraph (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 (20 U.S.C. 1101 et 
seq.) is amended by adding at the end the following:

          ``PART G--BEGINNING TEACHER RECRUITMENT AND SUPPORT

``SEC. 599A. DEFINITIONS.

    ``In this part:
            ``(1) Participant.--The term `participant' means an 
        individual who receives assistance under this part.
            ``(2) Partnership.--The term `partnership' means a 
        partnership consisting of--
                    ``(A) a local educational agency, a subunit of such 
                agency, or a consortium of such agencies; and
                    ``(B) 1 or more nonprofit organizations, including 
                institutions of higher education--
                            ``(i) each of which have a demonstrated 
                        record of success in teacher preparation and 
                        staff development;
                            ``(ii) that 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 the organizations to teach 
                        effectively in each and every content area in 
                        which the organizations plan to prepare 
                        teachers to provide instruction under a grant 
                        made under this part; and
                            ``(iii) that include at least 1 teacher 
                        preparation institution or school or department 
                        of education within an institution of higher 
                        education that meets the requirements of 
                        section 500A (as added by section 301 of the 
                        Quality Teacher in Every Classroom Act) and is 
                        not subject to a waiver under section 500A(b).
            ``(3) Eligible school.--The term `eligible school' means a 
        public elementary school or secondary school--
                    ``(A)(i) served by a local educational agency that 
                is eligible for assistance under title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6301 et seq.); and
                    ``(ii) 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 (20 U.S.C. 6333(c)) 
                exceeds 30 percent of the total enrollment of the 
                school; or
                    ``(B) that the State educational agency or local 
                educational agency determines, to the satisfaction of 
                the Secretary, has a shortage of qualified teachers.

``SEC. 599B. PROGRAM AUTHORIZED.

    ``(a) Grants by the Secretary.--The Secretary shall use funds made 
available pursuant to this part to award grants, on a competitive 
basis, to partnerships for the purpose of recruiting, training, and 
supporting qualified entry-level elementary school or secondary school 
teachers to teach in eligible schools.
    ``(b) Duration.--Grants shall be awarded for a period of 3 years, 
of which not more than 1 year may be used for planning and preparation.

``SEC. 599C. USES OF FUNDS.

    ``(a) Partnerships.--Each partnership receiving a grant under this 
part shall use the grant funds to--
            ``(1) recruit and screen individuals for assistance under 
        this part;
            ``(2) establish and conduct intensive summer preplacement 
        professional development seminars for participants;
            ``(3) establish and conduct ongoing and intensive 
        professional development and support programs for participants 
        during the participants' first 3 years of teaching service, 
        that incorporate--
                    ``(A) State curriculum standards for kindergarten 
                through 12th grade students;
                    ``(B) national professional standards for the 
                teaching of specific subjects; and
                    ``(C) the use of educational technology to improve 
                learning, especially the use of computers and computer 
                networks; and
            ``(4) annually evaluate the performance of participants to 
        determine whether the participants meet standards for continued 
        participation in the activities assisted under this part.
    ``(b) Criteria.--
            ``(1) In general.--The partnership shall select a 
        participant 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 eligible schools in 
                addressing shortages of qualified teachers in specific 
                academic subject areas.
            ``(2) Specific criteria.--Such criteria shall include that 
        each participant 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 the participant will provide instruction.
            ``(3) Special consideration.--Each partnership shall make a 
        particular effort to recruit for participation in activities 
        assisted under this part 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 shall ensure that the number of beginning 
        participant teachers is equal to not less than 3 percent of the 
        faculty of the eligible schools to which the participant 
        teachers are assigned, except that in no circumstance shall 
        fewer than 2 beginning participant teachers be assigned to each 
        eligible school.

``SEC. 599D. PARTNERSHIP APPLICATION.

    ``(a) In General.--In order to receive funds under this part, 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 individuals 
        to receive assistance under this part;
            ``(2) describe how recruitment will meet the needs of 
        eligible 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 
        participants in ongoing professional development and support 
        activities;
            ``(4) describe how school faculty will be involved in the 
        planning and execution of ongoing professional development and 
        support activities, including paired mentorships between 
        participants and experienced classroom teachers;
            ``(5) provide assurances that--
                    ``(A) participants are paid at rates comparable to 
                other entry-level teachers in the school district where 
                the participants are assigned to teach; and
                    ``(B) master teachers are provided with stipends 
                for their mentoring services;
            ``(6) describe how the partnership will monitor, and report 
        not less than annually regarding, the progress of participants, 
        including--
                    ``(A) the retention rate for participant teachers 
                in comparison with other teachers in the same schools 
                in which participant teachers teach; and
                    ``(B) the academic achievement of students served 
                by participant teachers, in comparison to those 
                students taught by other entry-level teachers;
            ``(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 partnership activities will 
        be integrated with other professional development and 
        educational reform efforts (including federally funded efforts 
        such as the programs under titles I and II of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 
        6601 et seq.)); and
            ``(8) contain an assurance that the chief State school 
        officer or the officer's designee has reviewed and approved the 
        application.
    ``(b) Special Rule.--The Secretary shall give special consideration 
to funding applications for assistance under this part to partnerships 
that include teacher preparation institutions described in section 
599A(a)(2)(B)(iii) that--
            ``(1) support or have plans to support professional 
        development schools or laboratory schools; and
            ``(2) are not subject to a waiver under section 500A(b).
    ``(c) Development and Submission.--The members of the partnership 
shall jointly develop and submit the application for assistance under 
this part.''.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.

    Nothing in this Act or any amendment made by 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 (20 
U.S.C. 6301 et seq.).

SEC. 602. APPLICABILITY TO HOME SCHOOLS.

    Nothing in this Act or any amendment made by this Act shall be 
construed to affect home schools.
                                 <all>