[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1734

To amend the Elementary and Secondary Education Act of 1965 to improve 
the quality of education and raise student achievement by strengthening 
accountability, raising standards for teachers, rewarding success, and 
                providing better information to parents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 1999

 Mr. George Miller of California introduced the following bill; which 
      was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to improve 
the quality of education and raise student achievement by strengthening 
accountability, raising standards for teachers, rewarding success, and 
                providing better information to parents.

    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 ``School Quality Counts Act''.

TITLE I--STATE PLANS FOR IMPROVING BASIC PROGRAMS OPERATED BY STATE AND 
                      LOCAL EDUCATIONAL AGENCIES.

SEC. 101. ACCOUNTABILITY.

    (a) In General.--Section 1111(b)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) the State toward enabling all 
                        children in schools receiving assistance under 
                        this part to meet the State's student 
                        performance standards.'';
            (2) in subparagraph (B), by striking clauses (i) and (ii) 
        and inserting the following:
                            ``(i) that establishes a single high 
                        standard of performance for all students;
                            ``(ii) that takes into account the progress 
                        of all students of each local educational 
                        agency and school served under section 1114 or 
                        1115;
                            ``(iii) that compares the proportions of 
                        students who are `not proficient', `partially 
                        proficient', `proficient', and `advanced' at 
                        the grade levels at which assessments are 
                        conducted with the proportions of students in 
                        each of the four categories at the same grade 
                        level in the previous school year;
                            ``(iv) that considers separately, within 
                        each State, local educational agency, and 
                        school, the performance and progress of 
                        students by gender, by each major ethnic and 
                        racial group, by English proficiency status, by 
                        migrant status, by students with disabilities 
                        as compared to nondisabled students, and by 
                        economically disadvantaged students as compared 
                        to students who are not economically 
                        disadvantaged (except that such disaggregation 
                        shall not be required in a case where the 
                        number of students in a category is 
                        insufficient to yield statistically reliable 
                        information or the results would reveal 
                        individually identifiable information about an 
                        individual student); and
                            ``(v) that includes annual numerical goals 
                        for improving the performance of all groups 
                        specified in clause (iv) and narrowing gaps in 
                        performance between these groups.''; and
            (3) by adding at the end the following:
                    ``(C) The Secretary shall collect and review the 
                information from States on the adequate yearly progress 
                of schools and local educational agencies required 
                under subparagraphs (A) and (B) for the purpose of 
                determining State and local compliance with section 
                1116.''.
    (b) Regulations.--The Secretary shall promulgate regulations and 
amendments to regulations to carry out the amendments made by 
subsection (a) not later than 6 months after the date of the enactment 
of this Act and shall review State plans submitted under section 1111 
of the Elementary and Secondary Education Act of 1965 before such date 
to determine their compliance with the regulations. The Secretary shall 
require States to revise their plans if necessary to satisfy the 
requirements of the regulations. Such revised plans shall be submitted 
to the Secretary for approval not later than 1 year after the date of 
enactment of this Act.

SEC. 102. SCHOOL REPORT CARDS.

    Section 1111(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)) is amended--
            (1) by amending the subsection heading to read as follows: 
        ``(b) Standards, Assessments, and Accountability.--''
            (2) by redesignating paragraphs (4) through (8) as 
        paragraphs (6) through (10), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Dissemination of results to parents.--Each State plan 
        shall contain assurances that, beginning in the 2001-2002 
        school year, and annually thereafter, all schools served under 
        this part shall--
                    ``(A) report the results of all assessments 
                described in paragraph (3) used to measure the 
                performance of a student attending the school to each 
                parent or legal guardian of the student;
                    ``(B) report the results in a uniform and 
                understandable format;
                    ``(C) ensure that the reports are based on the same 
                assessments described in paragraph (3);
                    ``(D) include in the reports a description of 
                whether the student has demonstrated `advanced', 
                `proficient', `partially proficient', or `not 
                proficient' levels of performance in each subject area;
                    ``(E) include in the reports--
                            ``(i) a comparison of the proportions of 
                        students enrolled in that school, in the local 
                        educational agency, and in the State who are 
                        `not proficient', `partially proficient', 
                        `proficient', and `advanced' in each subject 
                        area, for each grade level at which assessments 
                        are conducted, with proportions in each of the 
                        same 4 categories at the same grade levels in 
                        the previous school year;
                            ``(ii) the percentage of students in the 
                        school on which the results in clause (i) are 
                        based; and
                            ``(iii) information, in the aggregate, on 
                        the qualifications of classroom teachers in the 
                        student's school, including--
                                    ``(I) the percentage of classroom 
                                teachers in the school who meet all 
                                State and local requirements to teach 
                                at all grade levels and in all subject 
                                areas in which they provide 
                                instruction;
                                    ``(II) in middle and secondary 
                                schools, the percentage of classes 
                                taught by teachers who do not have a 
                                college major, or who have not passed a 
                                rigorous subject area test, in the 
                                subject being taught; and
                                    ``(III) the percentage of classroom 
                                teachers in the school teaching under 
                                `emergency' or other provisional 
                                credentials.
            ``(5) Dissemination of results to the public.--Each State 
        plan shall contain assurances that, beginning in the 2001-2002 
        school year, and annually thereafter, each State shall--
                    ``(A) ensure that overall student performance data 
                on all assessments described in paragraph (3) are 
                compiled, published, and disseminated widely to the 
                general public;
                    ``(B) ensure that the data includes a comparison of 
                the proportions of students who are `not proficient', 
                `partially proficient', `proficient', and `advanced' at 
                the grade levels at which assessments are conducted 
                with proportions in each of the same 4 categories at 
                the same grade levels in the previous school year;
                    ``(C) ensure that the data is disaggregated within 
                the State, local educational agency, and school by 
                gender, by each major racial and ethnic group, by 
                English proficiency status, by migrant status, by 
                students with disabilities as compared to nondisabled 
                students, and by economically disadvantaged students as 
                compared to students who are not economically 
                disadvantaged (except that such disaggregation shall 
                not be required in a case where the number of students 
                in any category is insufficient to yield statistically 
                reliable information or the results would reveal 
                individually identifiable information about an 
                individual student);
                    ``(D) ensure that the reports are--
                            ``(i) distributed to local print and 
                        broadcast media; and
                            ``(ii) posted on a web site on the 
                        Internet.''.

SEC. 103. TEACHER QUALITY.

    Section 1111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311) is amended--
            (1) by redesignating subsections (c) through (g) as 
        subsections (e) through (i), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Teacher Quality.--
            ``(1) Dissemination to parents.--Each State plan shall 
        contain assurances that all schools served under this part make 
        available to each parent, in a uniform and understandable 
        format, information on the qualifications of their child's 
        classroom teachers with regard to the subject areas and grade 
        levels in which the teacher provides instruction. Such 
        information shall include--
                    ``(A) whether the teacher has met all State 
                qualification and licensing criteria for the grade 
                levels and subject areas in which the teacher provides 
                instruction;
                    ``(B) whether the teacher is teaching under 
                `emergency' or other provisional status;
                    ``(C) the college major of the teacher and any 
                other graduate certification or degree held by the 
                teacher, and the field or discipline of each 
                certification or degree.
            ``(2) Special parental notification.--Each State plan shall 
        contain assurances that--
                    ``(A) the State shall ensure that all schools 
                served under this part notify in writing the parents or 
                guardians of any student who is receiving academic 
                instruction from a teacher who has not fully met all 
                State requirements to provide instruction at the grade 
                level at which, and in the subject areas in which, the 
                teacher is providing instruction to the student;
                    ``(B) the notification required under subparagraph 
                (A) shall be made--
                            ``(i) to parents or guardians of any 
                        student who is receiving instruction from a 
                        teacher who has been exempted from State 
                        qualification and licensing criteria or for 
                        whom State qualification or licensing criteria 
                        have been waived under `emergency', 
                        `provisional', or other similar procedures;
                            ``(ii) not more than 15 days after the 
                        student has been assigned to a teacher 
                        described in the subparagraph; and
                    ``(C) before being allowed to accept a teaching 
                assignment in the State, a teacher who has not fully 
                met all State requirements to provide instruction at a 
                grade level or in a subject area in which the teacher 
                is to provide instruction is informed of the 
                notification requirement under this paragraph.
            ``(3) Public reporting.--Each State plan shall contain 
        assurances that the State shall compile, aggregate, publish, 
        distribute to major print and broadcast media outlets 
        throughout the State and post on a web site on the Internet the 
        information described in paragraph (1) for each school, local 
        educational agency, and the State.
            ``(4) Qualifications of certain instructional staff.--
                    ``(A) Each State plan shall contain assurances 
                that, not later than 2 years after the date of the 
                enactment of the School Quality Counts Act--
                            ``(i) all instructional staff who provide 
                        services to students under section 1114 or 1115 
                        have demonstrated the subject matter knowledge, 
                        teaching knowledge, and teaching skill 
                        necessary to teach effectively in the content 
                        area or areas in which they provide 
                        instruction, according to the criteria 
                        described in this paragraph;
                            ``(ii) except as provided in subparagraph 
                        (F), funds under this part may not be used to 
                        support instructional staff who provide 
                        services to students under section 1114 or 1115 
                        for whom State qualification or licensing 
                        requirements have been waived or who are 
                        teaching under an `emergency' or other 
                        provisional credential.
                    ``(B) For purposes of subparagraph (A), 
                instructional staff who teach elementary school 
                students are required, at a minimum, to hold a 
                bachelors's degree and demonstrate general knowledge, 
                teaching skill, and subject matter knowledge required 
                to teach effectively in reading, writing, mathematics, 
                social studies, science, and other elements of a 
                liberal arts education.
                    ``(C) For purposes of subparagraph (A), 
                instructional staff who teach in middle schools and 
                secondary schools are required, at a minimum, to hold a 
                bachelor's degree or higher and demonstrate a high 
                level of competence in all subject areas in which they 
                teach through--
                            ``(i) a high level of performance on 
                        rigorous academic subject area tests; or
                            ``(ii) completion of an academic major in 
                        each of the subject areas in which they provide 
                        instruction and at least a B average.
                    ``(D) For purposes of subparagraph (A) funds under 
                this part may be used to employ teacher aides or other 
                paraprofessionals who do not meet the requirements 
                under subparagraphs (B) and (C) only if such aides or 
                paraprofessionals--
                            ``(i) provide instruction only when under 
                        the direct and immediate supervision, and in 
                        the immediate presence, of instructional staff 
                        who meet the criteria of this paragraph; and
                            ``(ii) possess particular skills necessary 
                        to assist instructional staff in providing 
                        services to students served under this Act.
                    ``(E) Each State plan shall contain assurances that 
                beginning on the date of the enactment of the School 
                Quality Counts Act, no school served under this part 
                may use funds received under this Act to hire 
                instructional staff who do not fully meet all the 
                criteria for instructional staff described in this 
                paragraph.
                    ``(F) Each State plan shall contain assurances that 
                not later than 6 months after the date of the enactment 
                of the School Quality Counts Act, and annually 
                thereafter, the principal of each school served under 
                this part shall, in writing, attest to the fact that 
                all members of their instructional staff meet the 
                requirements of this paragraph. In a case in which 
                there are instructional staff who have yet to meet all 
                requirements to provide instruction in each of the 
                subject areas and at each of the grade levels to which 
                they are assigned to teach, the principal shall submit, 
                in writing, a plan for ensuring that not later than 2 
                years after the date of the enactment of the School 
                Quality Counts Act all instructional staff will either 
                meet all requirements under this paragraph or will no 
                longer provide instruction to students served under 
                this part.
                    ``(G) For purposes of this paragraph, the term 
                `instructional staff' includes any individual who has 
                responsibility for providing any student or group of 
                students with instruction in any of the core academic 
                subject areas, including reading, writing, language 
                arts, mathematics, science, and social studies.
    ``(d) Each State plan shall describe how the State educational 
agency will help each local educational agency and school develop the 
capacity to comply with the requirements of this section.''.

SEC. 104. QUALIFIED TEACHER IN EVERY CLASSROOM.

    (a) In General.--Title I of the Elementary and Secondary Education 
Act of 1965 is amended by inserting after section 1119 the following 
new section:

``SEC. 1119A. A QUALIFIED TEACHER IN EVERY CLASSROOM.

    ``(a) Uses of Funds.--In order to meet the goal under section 
1111(c)(4) of ensuring that all instructional staff have the subject 
matter knowledge, teaching knowledge, and teaching skill necessary to 
teach effectively in the content area or areas in which they provide 
instruction, local educational agencies may, notwithstanding any other 
provision of law, use funds received under title II, title VI, and 
section 307 of the Department of Education Appropriations Act, 1999, 
the Higher Education Act of 1965, or the Goals 2000: Educate America 
Act--
            ``(1) to recruit fully qualified teachers, including 
        through the use of signing bonuses or other financial 
        incentives;
            ``(2) to collaborate with programs that recruit, place, and 
        train qualified teachers; or
            ``(3) to provide the necessary education and training, 
        including paying the costs of college tuition and other student 
        fees (for programs that meet the criteria under section 
        203(2)(A)(i) of the Higher Education Amendments of 1998), to 
        help current teachers or other school personnel who do not meet 
        these criteria attain the necessary qualifications and 
        licensing requirements, except that in order to qualify for 
        college tuition payments under this clause, an individual must 
        be within 2 years of completing an undergraduate degree and 
        must agree to teach for at least 2 subsequent years after 
        receiving such degree in a school that--
                    ``(A) is located in a local educational agency that 
                is eligible in that academic year for assistance under 
                this title; and
                    ``(B) 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) exceeds 50 
                percent of the total enrollment of that school.
    ``(b) Corrective Action.--The State educational agency shall take 
corrective action consistent with section 1116(c)(5)(B)(i), with the 
goal of meeting the requirements under this paragraph, against any 
local educational agency that does not make sufficient effort to comply 
with section 103 within the time specified. Such corrective action 
shall be taken regardless of the conditions set forth in section 
1116(c)(5)(B)(ii). In a case in which the State fails to take 
corrective action, the Secretary shall withhold funds from such State 
up to an amount equal to that reserved under sections 1003(a) and 
1603(c).''.
    (b) Instructional Aides.--Section 1119 of Elementary and Secondary 
Education Act of 1965 is amended by striking subsection (i).
    (c) Clerical Amendment.--The table of sections for the Elementary 
and Secondary Education Act of 1965 is amended by inserting after the 
item relating to section 1119 the following new item:

``Sec. 1119A. A qualified teacher in every classroom.''.

SEC. 105. LIMITATION.

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965 is amended by adding at the end the following:

``SEC. 14515. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT SERVICES.

    ``None of the funds provided under this Act may be used for any 
professional development services for a teacher that are not directly 
related to the curriculum and content areas in which the teacher 
provides instruction.''.

             TITLE II--ACADEMIC ACHIEVEMENT AWARDS PROGRAM

SEC. 201. ACADEMIC ACHIEVEMENT AWARDS.

    Subpart 1 of part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311-6323) is amended--
            (1) by redesignating sections 1120, 1120A, and 1120B as 
        sections 1120A, 1120B, and 1120C, respectively; and
            (2) by inserting after section 1119A, as added by section 
        104 of this Act, the following:

``SEC. 1120. ACADEMIC ACHIEVEMENT AWARDS.

    ``(a) Establishment of Programs.--Each State receiving a grant 
under this title shall establish an Academic Achievement Awards Program 
to recognize and reward--
            ``(1) local educational agencies and schools that operate 
        programs under section 1114 or 1115 and that demonstrate 
        outstanding yearly progress, consistent with section 
        1111(b)(2)(A), for 2 or more consecutive years; and
            ``(2) teachers who provide instruction in such programs.
    ``(b) Reservation.--Each State receiving a grant under this title 
shall reserve, from the amount (if any) by which the funds received by 
the State under this title for the fiscal year exceed the amount 
received by the State in the preceding fiscal year, 25 percent of such 
additional amount (plus any additional amount the State may find 
necessary to address a demonstrated need for an academic achievement 
award program), for awards to local educational agencies, schools, and 
teachers of classes that demonstrate outstanding yearly progress 
(consistent with section 1111(b)(2)(B)) for 2 or more consecutive 
years.
    ``(c) Types of Awards.--Each State shall use funds reserved under 
this section to present financial awards to--
            ``(1) the schools and local educational agencies that the 
        State determines have demonstrated the greatest progress in 
        improving student achievement (consistent with section 
        1111(b)(2)(B)); and
            ``(2) teachers who demonstrate the ability to consistently 
        help students make significant achievement gains, consistent 
        with section 1111(b)(2)(B), in the subject areas in which the 
        teacher provides instruction.
    ``(d) Calculation of Award Amounts.--Award amounts to local 
educational agencies and schools shall be proportionate to the amount 
of aid such local educational agency or school received under this part 
for the preceding fiscal year. The amount awarded to a teacher that 
qualifies for an award under this section shall be uniform throughout 
the State.
    ``(e) Special Rule.--Each State shall allocate not less than 85 
percent of funds reserved under subsection (b) to schools that--
            ``(1) reside in a local educational agency that is eligible 
        in that academic year for assistance under section 1124; and
            ``(2) for that academic year, have been determined by the 
        Secretary to be a school in which the enrollment of children 
        counted under section 1124(c) exceeds 50 percent of the total 
        enrollment of that school,
or to teachers providing instruction within such schools.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such additional sums as may be 
necessary to supplement the academic achievement awards program. Such 
funds shall be allocated to a State in an amount proportionate to the 
amount of aid such State received under this part for the preceding 
fiscal year.''.

            TITLE III--CONFORMING AMENDMENTS; EFFECTIVE DATE

SEC. 301. CONFORMING AMENDMENTS.

    (a) Section 102 Conforming Amendments.--
            (1) Standards and assessments.--Section 1111(b) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)) is amended--
                    (A) in paragraph (1)(C), by striking ``paragraph 
                (6)'' and inserting ``paragraph (8)''; and
                    (B) in paragraph (7)(A), by striking ``paragraph 
                (6)(B)'' and inserting ``paragraph (8)(B)''.
            (2) School improvement.--Section 1116(c)(1)(C) of such Act 
        (20 U.S.C. 6317(c)(1)(C)) is amended by striking ``section 
        1111(b)(7)(B)'' and inserting ``section 1111(b)(9)(B)''.
            (3) State review and local educational agency 
        improvement.--Section 1116(d)(3)(A)(ii) of such Act (20 U.S.C. 
        6317(d)(3)(A)) is amended by striking ``section 1111(b)(7)(B)'' 
        and inserting ``section 1111(b)(9)(B)''.
            (4) Building capacity for involvement.--Section 1118(e)(1) 
        of such Act (20 U.S.C. 6319(e)(1)) is amended by striking 
        ``section 1111(b)(8)'' and inserting ``section 1111(b)(10)''.
    (b) Section 103 Conforming Amendments.--Section 1111(d)(1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(1)) 
is amended--
            (1) in subparagraphs (C) and (E)(ii), by striking ``and 
        (c)'' and inserting ``and (e)''; and
            (2) in subparagraph (D), by striking ``or (c)'' and 
        inserting ``or (d)''.
    (c) Section 201 Conforming Amendments.--
            (1) Authorization of appropriations.--Section 1002 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) 
        is amended--
                    (A) in subsection (a), by striking ``section 
                1120(e)'' and inserting ``section 1120A(e)''; and
                    (B) in subsection (e), by striking ``section 
                1120(e)'' and inserting ``section 1120A(e)''.
            (2) Additional state allocations for school improvement.--
        Section 1003(b) of such Act (20 U.S.C. 6303(b)) is amended by 
        striking ``section 1120(e)'' both places it appears and 
        inserting ``section 1120A(e)''.
            (3) Assurances.--Section 1112(c)(1)(F) of such Act (20 
        U.S.C. 6312(c)(1)(F)) is amended by striking ``section 1120'' 
        and inserting ``section 1120A''.
            (4) Local educational agency discretion.--Section 
        1113(b)(1)(C)(i) of such Act (20 U.S.C. 6313(b)(1)(C)(i)) is 
        amended by striking ``section 1120A(c)'' and inserting 
        ``section 1120B(c)''.
            (5) Assurances.--Section 1304(c)(2) of such Act (20 U.S.C. 
        6394(c)(2)) is amended--
                    (A) by striking ``section 1120'' and inserting 
                ``section 1120A''; and
                    (B) by striking ``section 1120A'' and inserting 
                ``section 1120B''.
            (6) Programs and projects.--Section 1415(a)(2)(C) of such 
        Act (20 U.S.C. 6435(a)(2)(C)) is amended by striking ``section 
        1120A'' and inserting ``section 1120B''.
            (7) Supplement, not supplant.--Section 1415(b) of such Act 
        (20 U.S.C. 6435(b)) is amended by striking ``section 1120A'' 
        and inserting ``section 1120B''.

SEC. 302. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall 
take effect on the date of the enactment of this Act.
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