[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1995 Reported in House (RH)]





                                                 Union Calendar No. 133

106th CONGRESS

  1st Session

                               H. R. 1995

                      [Report No. 106-232, Part I]

_______________________________________________________________________

                                 A BILL

To amend the Elementary and Secondary Education Act of 1965 to empower 
teachers, improve student achievement through high-quality professional 
 development for teachers, reauthorize the Reading Excellence Act, and 
                          for other purposes.

_______________________________________________________________________

                             July 14, 1999

  Reported from the Committee on Education and the Workforce with an 
                               amendment

                             July 14, 1999

   Referral to the Committee on Armed Services extended for a period 
                  ending not later than July 14, 1999

                             July 14, 1999

 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 133
106th CONGRESS
  1st Session
                                H. R. 1995

                      [Report No. 106-232, Part I]

To amend the Elementary and Secondary Education Act of 1965 to empower 
teachers, improve student achievement through high-quality professional 
 development for teachers, reauthorize the Reading Excellence Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 27, 1999

Mr. McKeon (for himself, Mr. Hastert, Mr. Armey, Mr. Watts of Oklahoma, 
 Mr. Blunt, Ms. Pryce of Ohio, Mr. Goodling, Mr. Castle, Mr. Hoekstra, 
  Mr. Barrett of Nebraska, Mr. Sam Johnson of Texas, Mr. Graham, Mr. 
 McIntosh, Mr. Norwood, Mr. Hilleary, Mr. Fletcher, Mr. Isakson, Mrs. 
   Northup, Mr. Cunningham, and Mr. Hill of Montana) introduced the 
 following bill; which was referred to the Committee on Education and 
the Workforce, and in addition to the Committee on Armed Services, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             July 14, 1999

  Reported from the Committee on Education and the Workforce with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 14, 1999

   Referral to the Committee on Armed Services extended for a period 
                  ending not later than July 14, 1999

                             July 14, 1999

  Additional sponsors: Mr. Dreier, Mr. Gary Miller of California, Mr. 
   Talent, Mr. Deal of Georgia, Mr. DeMint, Mr. Baker, Mr. Horn, Mr. 
Dickey, Mr. Green of Wisconsin, Mr. Fossella, Mr. Boehner, Mr. Calvert, 
    Mr. Hostettler, Mr. Shimkus, Mr. Peterson of Pennsylvania, Mr. 
 Ballenger, Mr. Royce, Mrs. Myrick, Mr. Souder, Mr. Petri, Mr. Upton, 
    Mr. Ehlers, Mr. Hall of Texas, Mr. Greenwood, Mrs. Roukema, Mr. 
                  Radanovich, Mr. Herger, and Mr. Cox

                             July 14, 1999

 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 27, 
                                 1999]

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to empower 
teachers, improve student achievement through high-quality professional 
 development for teachers, reauthorize the Reading Excellence Act, and 
                          for other purposes.

    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 ``Teacher Empowerment Act''.

SEC. 2. TEACHER EMPOWERMENT.

    (a) In General.--Title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
            (1) by striking the heading for title II and inserting the 
        following:

                     ``TITLE II--TEACHER QUALITY'';

            (2) by repealing sections 2001 through 2003; and
            (3) by amending part A to read as follows:

                     ``PART A--TEACHER EMPOWERMENT

``SEC. 2001. PURPOSE.

    ``The purpose of this part is to provide grants to States and local 
educational agencies in order to assist their efforts to increase 
student academic achievement through such strategies as improving 
teacher quality.

                     ``Subpart 1--Grants to States

``SEC. 2011. FORMULA GRANTS TO STATES.

    ``(a) In General.--In the case of each State that in accordance 
with section 2013 submits to the Secretary an application for a fiscal 
year, the Secretary shall make a grant for the year to the State for 
the uses specified in section 2012. The grant shall consist of the 
allotment determined for the State under subsection (b).
    ``(b) Determination of Amount of Allotment.--
            ``(1) Reservation of funds.--From the amount made available 
        to carry out this subpart for any fiscal year, the Secretary 
        shall reserve--
                    ``(A) \1/2\ of 1 percent for allotments for the 
                Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands, to be 
                distributed among these outlying areas on the basis of 
                their relative need, as determined by the Secretary in 
                accordance with the purpose of this part; and
                    ``(B) \1/2\ of 1 percent for the Secretary of the 
                Interior for programs under this part for professional 
                development activities for teachers, other staff, and 
                administrators in schools operated or funded by the 
                Bureau of Indian Affairs.
            ``(2) State allotments.--
                    ``(A) Hold harmless.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), from the total amount made available to 
                        carry out this subpart for any fiscal year and 
                        not reserved under paragraph (1), the Secretary 
                        shall allot to each of the 50 States, the 
                        District of Columbia, and the Commonwealth of 
                        Puerto Rico an amount equal to the total amount 
                        that such State received for fiscal year 1999 
                        under--
                                    ``(I) section 2202(b) of this Act 
                                (as in effect on the day before the 
                                date of the enactment of the Teacher 
                                Empowerment Act);
                                    ``(II) section 307 of the 
                                Department of Education Appropriations 
                                Act, 1999; and
                                    ``(III) section 304(b) of the Goals 
                                2000: Educate America Act.
                            ``(ii) Ratable reduction.--If the total 
                        amount made available to carry out this subpart 
                        for any fiscal year and not reserved under 
                        paragraph (1) is insufficient to pay the full 
                        amounts that all States are eligible to receive 
                        under clause (i) for any fiscal year, the 
                        Secretary shall ratably reduce such amounts for 
                        such fiscal year.
                    ``(B) Allotment of additional funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        for any fiscal year for which the total amount 
                        made available to carry out this subpart and 
                        not reserved under paragraph (1) exceeds the 
                        total amount made available to the 50 States, 
                        the District of Columbia, and the Commonwealth 
                        of Puerto Rico for fiscal year 1999 under the 
                        authorities described in subparagraph (A)(i), 
                        the Secretary shall allot such excess amount as 
                        follows:
                                    ``(I) 50 percent of such excess 
                                amount shall be allotted among such 
                                States on the basis of their relative 
                                populations of individuals aged 5 
                                through 17, as determined by the 
                                Secretary on the basis of the most 
                                recent satisfactory data.
                                    ``(II) 50 percent of such excess 
                                amount shall be allotted among such 
                                States in proportion to the number of 
                                children, aged 5 to 17, who reside 
                                within the State from families with 
                                incomes below the poverty line (as 
                                defined by the Office of Management and 
                                Budget and revised annually in 
                                accordance with section 673(2) of the 
                                Community Services Block Grant Act (42 
                                U.S.C. 9902(2)) applicable to a family 
                                of the size involved for the most 
                                recent fiscal year for which 
                                satisfactory data are available, 
                                compared to the number of such 
                                individuals who reside in all such 
                                States for that fiscal year.
                            ``(ii) Exception.--No State receiving an 
                        allotment under clause (i) may receive less 
                        than \1/2\ of 1 percent of the total excess 
                        amount allotted under clause (i).
            ``(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot such amount to the remaining States in 
        accordance with this subsection.

``SEC. 2012. WITHIN-STATE ALLOCATIONS.

    ``(a) Use of Funds.--Each State receiving a grant under this 
subpart shall use the funds provided under the grant in accordance with 
this section to carry out activities for the improvement of teaching 
and learning.
    ``(b) Required and Authorized Expenditures.--
            ``(1) Required expenditures.--The Secretary may make a 
        grant to a State under this subpart only if the State agrees to 
        expend at least--
                    ``(A) 95 percent of the amount of the funds 
                provided under the grant for the purpose of making 
                subgrants to local educational agencies under subpart 
                3; and
                    ``(B) 2 percent of the amount of the funds provided 
                under the grant for the purpose of making subgrants to 
                eligible partnerships under subpart 2 (of which 
                percent, up to 5 percent may be used for planning and 
                administration related to carrying out such purpose).
            ``(2) Authorized expenditures.--A State that receives a 
        grant under this subpart may expend not more than 3 percent of 
        the amount of the funds provided under the grant for one or 
        more of the authorized State activities described in subsection 
        (d) (of which percent, the State may use up to 5 percent for 
        planning and administration related to carrying out such 
        activities and making subgrants to local educational agencies 
        under subpart 3).
    ``(c) Distribution of Subgrants to Local Educational Agencies.--
            ``(1) Formula for 80 percent of funds.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State receiving a grant under this 
                subpart shall distribute 80 percent of the amount 
                described in subsection (b)(1)(A) through a formula 
                under which--
                            ``(i) 50 percent is allocated to local 
                        educational agencies in accordance with the 
                        relative enrollment in public and private 
                        nonprofit elementary and secondary schools 
                        within the boundaries of such agencies; and
                            ``(ii) 50 percent is allocated to local 
                        educational agencies in proportion to the 
                        number of children, aged 5 to 17, who reside 
                        within the geographic area served by such 
                        agency from families with incomes below the 
                        poverty line (as defined by the Office of 
                        Management and Budget and revised annually in 
                        accordance with section 673(2) of the Community 
                        Services Block Grant Act (42 U.S.C. 9902(2))) 
                        applicable to a family of the size involved for 
                        the most recent fiscal year for which 
                        satisfactory data are available, compared to 
                        the number of such individuals who reside in 
                        the geographic areas served by all the local 
                        educational agencies in the State for that 
                        fiscal year.
                    ``(B) Alternative formula.--A State may increase 
                the percentage described in subparagraph (A)(ii) (and 
                commensurately decrease the percentage described in 
                subparagraph (A)(i)).
            ``(2) Distribution of 20 percent of funds.--
                    ``(A) Competitive process.--A State receiving a 
                grant under this subpart shall distribute 20 percent of 
                the amount described in subsection (b)(1)(A) through a 
                competitive process that results in an equitable 
                distribution by geographic area within the State.
                    ``(B) Participants.--The competitive process under 
                subparagraph (A) shall be open to local educational 
                agencies and eligible partnerships (as defined in 
                section 2021(d)), except that a State shall give 
                priority to high-need local educational agencies that 
                focus on math, science, or reading professional 
                development programs.
    ``(d) Authorized State Activities.--The authorized State activities 
referred to in subsection (b)(2) are the following:
            ``(1) Reforming teacher certification, recertification, or 
        licensure requirements to ensure that--
                    ``(A) teachers have the necessary teaching skills 
                and academic content knowledge in the subject areas in 
                which they are assigned to teach;
                    ``(B) they are aligned with the State's challenging 
                State content standards; and
                    ``(C) teachers have the knowledge and skills 
                necessary to help students meet challenging State 
                student performance standards.
            ``(2) Carrying out programs that--
                    ``(A) include support during the initial teaching 
                experience; and
                    ``(B) establish, expand, or improve alternative 
                routes to State certification of teachers for highly 
                qualified individuals with a baccalaureate degree, 
                including mid-career professionals from other 
                occupations, paraprofessionals, former military 
                personnel, and recent college or university graduates 
                with records of academic distinction who demonstrate 
                the potential to become highly effective teachers.
            ``(3) Developing and implementing effective mechanisms to 
        assist local educational agencies and schools in effectively 
        recruiting and retaining highly qualified and effective 
        teachers and principals.
            ``(4) Reforming tenure systems and implementing teacher 
        testing and other procedures to expeditiously remove 
        incompetent and ineffective teachers from the classroom.
            ``(5) Developing enhanced performance systems to measure 
        the effectiveness of specific professional development programs 
        and strategies.
            ``(6) Providing technical assistance to local educational 
        agencies consistent with this part.
            ``(7) Funding projects to promote reciprocity of teacher 
        certification or licensure between or among States, except that 
        no reciprocity agreement developed under this paragraph or 
        developed using funds provided under this part may lead to the 
        weakening of any State teaching certification or licensing 
        requirement.
            ``(8) Developing or assisting local educational agencies or 
        eligible partnerships (as defined in section 2021(d)) in the 
        development and utilization of proven, innovative strategies 
to deliver intensive professional development programs that are both 
cost-effective and easily accessible, such as through the use of 
technology and distance learning.
    ``(e) Coordination.--States receiving grants under section 202 of 
the Higher Education Act of 1965 shall coordinate the use of such funds 
with activities carried out under this section.
    ``(f) Public Accountability.--
            ``(1) In general.--A State that receives a grant under this 
        subpart--
                    ``(A) in the event the State provides public State 
                report cards on education, shall include in such report 
                cards--
                            ``(i) the percentage of classes in core 
                        academic subject areas that are taught by out-
                        of-field teachers;
                            ``(ii) the percentage of classes in core 
                        academic subject areas that are taught by 
                        teachers teaching under emergency or other 
                        provisional status through which State 
                        qualifications or licensing criteria have been 
                        waived; and
                            ``(iii) the average statewide class size; 
                        or
                    ``(B) in the event the State provides no such 
                report card, shall disseminate to the public the 
                information described in clauses (i) and (ii) of 
                subparagraph (A) through other means.
            ``(2) Public availability.--Such information shall be made 
        widely available to the public, including parents and students, 
        through major print and broadcast media outlets throughout the 
        State.

``SEC. 2013. APPLICATIONS BY STATES.

    ``(a) In General.--To be eligible to receive a grant under this 
subpart, a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require.
    ``(b) Contents.--Each application under this section shall include 
the following:
            ``(1) A description of how the State will ensure that a 
        local educational agency receiving a subgrant under subpart 3 
        will comply with the requirements of such subpart, including 
        the required use of funds for mathematics and science programs, 
        professional development, and hiring teachers to reduce class 
        size.
            ``(2) A description of the specific performance indicators 
        the State will use (including an identification of how such 
        performance indicators will be measured and reported) for each 
        local educational agency to measure the annual progress of 
        activities funded under subpart 3 in increasing--
                    ``(A) student academic achievement; and
                    ``(B) teacher quality, as demonstrated through a 
                reduction in the number of out-of-field teachers in the 
                classroom.
            ``(3) A description of the bonus incentives, if any, that 
        will be provided to local educational agencies that exceed a 
        level of improvement established by the State based on such 
        performance indicators, and actions the State will take in the 
        event a local educational agency fails to meet or make progress 
        toward such level of improvement.
            ``(4) A description of how the State will coordinate 
        professional development activities authorized under this part 
        with professional development activities provided under other 
        Federal, State, and local programs, including those authorized 
        under title I, title III, title IV, part A of title VII, and 
        (where applicable) the Individuals with Disabilities Education 
        Act and the Carl D. Perkins Vocational and Technical Education 
        Act. The application shall also describe the comprehensive 
        strategy that the State will take as part of such coordination 
        effort, to ensure that teachers are trained in the utilization 
        of technology so that technology and its applications are 
        effectively used in the classroom to improve teaching and 
        learning in all curriculum and content areas, as appropriate.
            ``(5) A description of how the State will encourage the 
        development of proven, innovative strategies to deliver 
        intensive professional development programs that are both cost-
        effective and easily accessible, such as through the use of 
        technology and distance learning.
    ``(c) Application Submission.--A State application submitted to the 
Secretary under this section shall be approved by the Secretary unless 
the Secretary makes a written determination, within 90 days after 
receiving the application, that the application is in violation of the 
provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

``SEC. 2021. PARTNERSHIP GRANTS.

    ``(a) In General.--From the amount described in section 
2012(b)(1)(B), the State agency for higher education, working in 
conjunction with the State educational agency (if such agencies are 
separate), shall award grants on a competitive basis to eligible 
partnerships to enable such partnerships to carry out activities 
described in subsection (b). Such grants shall be equitably distributed 
by geographic area within the State.
    ``(b) Use of Funds.--A recipient of funds under this section shall 
use the funds for--
            ``(1) professional development activities in core academic 
        subjects to ensure that teachers have content knowledge in the 
        subjects they teach; and
            ``(2) developing and providing assistance to local 
        educational agencies and the teachers, principals, and 
        administrators, of public and private schools in each such 
        agency, for sustained, high-quality professional development 
        activities which--
                    ``(A) ensure they are able to use State content 
                standards, performance standards, and assessments to 
                improve instructional practices and improve student 
                achievement; and
                    ``(B) may include intensive programs designed to 
                prepare teachers who will return to their school to 
                provide such instruction to other teachers within such 
                school.
    ``(c) Special Rule.--No single participant in an eligible 
partnership may retain more than 50 percent of the funds made available 
to the partnership under this section.
    ``(d) Eligible Partnerships.--As used in this section, the term 
`eligible partnerships' means an entity that--
            ``(1) shall include--
                    ``(A) a high-need local educational agency;
                    ``(B) a school of arts and sciences; and
                    ``(C) an institution that prepares teachers; and
            ``(2) may include other local educational agencies, a 
        public charter school, a public or private elementary or 
        secondary school, an educational service agency, a public or 
        private nonprofit educational organization, or a business.
    ``(e) Coordination.--Partnerships receiving grants under section 
203 of the Higher Education Act of 1965 shall coordinate the use of 
such funds with any related activities carried out by such partnership 
with funds made available under this section.

          ``Subpart 3--Subgrants to Local Educational Agencies

``SEC. 2031. LOCAL USE OF FUNDS.

    ``(a) Required Activities.--
            ``(1) In general.--Each local educational agency that 
        receives a subgrant under this subpart shall use the subgrant 
        to carry out the activities described in this subsection.
            ``(2) Mathematics and science.--
                    ``(A) In general.--Of the amount made available to 
                each local educational agency under this subpart for a 
                fiscal year, the agency shall use not less than the 
                amount provided to the agency under section 2206(b) of 
                this Act (as in effect on the day before the date of 
                the enactment of the Teacher Empowerment Act) for the 
                fiscal year preceding such enactment for professional 
                development activities in mathematics and science in 
                accordance with section 2033.
                    ``(B) Waiver.--
                            ``(i) Application.--A local educational 
                        agency, in consultation with teachers and 
                        principals, may seek a waiver of the 
                        requirement in subparagraph (A) from a State in 
                        order to allow the local educational agency to 
                        use such funds for professional development in 
                        academic subjects other than mathematics and 
                        science.
                            ``(ii) Standard for granting.--A State may 
                        not approve such a waiver unless the local 
                        educational agency is able to demonstrate 
                        that--
                                    ``(I) the professional development 
                                needs of mathematics and science 
                                teachers, including elementary teachers 
                                responsible for teaching mathematics 
                                and science, have been adequately 
                                served and will continue to be 
                                adequately served if the waiver is 
                                approved;
                                    ``(II) State assessments in 
                                mathematics and science demonstrate 
                                that each school within the local 
                                educational agency has made and will 
                                continue to make progress toward 
                                meeting the challenging State or local 
                                content standards and student 
                                performance standards in these areas; 
                                and
                                    ``(III) State assessments in other 
                                academic subjects demonstrate a need to 
                                focus on subjects other than 
                                mathematics and science.
                            ``(iii) Grandfather of old waivers.--A 
                        waiver provided to a local educational agency 
                        under part D of title XIV prior to the date of 
                        the enactment of the Teacher Empowerment Act 
                        shall be deemed effective until such time as it 
                        otherwise would have ceased to be effective.
            ``(3) Professional development activities.--Each local 
        educational agency that receives a subgrant under this subpart 
        shall use a portion of such funds for professional development 
        activities that give teachers, principals, and administrators 
        the knowledge and skills to provide students with the 
        opportunity to meet challenging State or local content 
        standards and student performance standards. Such activities 
shall be consistent with sections 2033 and 2034.
            ``(4) Hiring and retaining well-qualified and effective 
        teachers.--
                    ``(A) In general.--Each local educational agency 
                that receives a subgrant under this subpart shall use a 
                portion of such funds for recruiting, hiring, and 
                training certified teachers, including teachers 
                certified through State and local alternative routes, 
                in order to reduce class size.
                    ``(B) Special rule for special education 
                teachers.--Notwithstanding subparagraph (A), a local 
                educational agency may use some or all of the funds 
                described in such subparagraph to hire special 
                education teachers regardless of whether such action 
                reduces class size.
                    ``(C) Waiver.--
                            ``(i) Application.--A local educational 
                        agency may seek a waiver of the requirement in 
                        subparagraph (A) from a State in order to allow 
                        the local educational agency to use such funds 
                        for purposes other than hiring teachers in 
                        order to reduce class size.
                            ``(ii) Standard for granting.--A State may 
                        not approve such a waiver unless the local 
                        educational agency is able to demonstrate 
                        that--
                                    ``(I) such funds will be used to 
                                ensure that all instructional staff 
                                have the subject matter knowledge, 
                                teaching knowledge, and teaching skills 
                                necessary to teach effectively in the 
                                content area or areas in which they 
                                provide instruction; or
                                    ``(II) an initiative to reduce 
                                class size would result in having to 
                                rely on underqualified teachers, 
                                inadequate classroom space, or would 
                                have any other negative consequence 
                                affecting the efforts of the local 
                                educational agency to improve student 
                                academic achievement.
    ``(b) Allowable Activities.--Each local educational agency that 
receives a subgrant under this subpart may use the subgrant to carry 
out the following activities:
            ``(1) Initiatives to assist recruitment of highly qualified 
        teachers who will be assigned teaching positions within their 
        field, including--
                    ``(A) providing signing bonuses or other financial 
                incentives, such as differential pay, for teachers to 
                teach in academic subject areas in which there exists a 
                shortage of such teachers within a school or the local 
                educational agency;
                    ``(B) establishing programs that--
                            ``(i) recruit professionals from other 
                        fields and provide such professionals with 
                        alternative routes to teacher certification; 
                        and
                            ``(ii) provide increased opportunities for 
                        minorities, individuals with disabilities, and 
                        other individuals underrepresented in the 
                        teaching profession; and
                    ``(C) implementing hiring policies that ensure 
                comprehensive recruitment efforts as a way to expand 
                the applicant pool, such as through identifying 
                teachers certified through alternative routes, coupled 
                with a system of intensive screening designed to hire 
                the most qualified applicant.
            ``(2) Initiatives to promote retention of highly qualified 
        teachers and principals including--
                    ``(A) programs that provide mentoring to newly 
                hired teachers, such as from master teachers, and to 
                newly hired principals; or
                    ``(B) programs that provide other incentives, 
                including financial incentives, to retain teachers who 
                have a record of success in helping low-achieving 
                students improve their academic success.
            ``(3) Programs and activities that are designed to improve 
        the quality of the teacher force, such as--
                    ``(A) innovative professional development programs 
                (which may be through partnerships including 
                institutions of higher education), including programs 
                that train teachers to utilize technology to improve 
                teaching and learning, that are consistent with the 
                requirements of section 2033;
                    ``(B) development and utilization of proven, cost-
                effective strategies for the implementation of 
                professional development activities, such as through 
                the utilization of technology and distance learning;
                    ``(C) tenure reform;
                    ``(D) merit pay;
                    ``(E) testing of elementary and secondary school 
                teachers in the subject areas taught by such teachers;
                    ``(F) professional development programs that 
                provide instruction in how to teach children with 
                different learning styles, particularly children with 
                disabilities and children with special learning needs 
                (including those who are gifted and talented); and
                    ``(G) professional development programs that 
                provide instruction in how best to discipline children 
                in the classroom and identify early and appropriate 
                interventions to help children described in 
                subparagraph (F) learn.
            ``(4) Teacher opportunity payments, consistent with section 
        2034.

``SEC. 2032. LOCAL APPLICATIONS.

    ``(a) In General.--A local educational agency seeking to receive a 
subgrant from a State under this subpart shall submit an application to 
the State--
            ``(1) at such time as the State shall require; and
            ``(2) which is coordinated with other programs under this 
        Act, or other Acts, as appropriate.
    ``(b) Local Application Contents.--The local application described 
in subsection (a), shall include, at a minimum, the following:
            ``(1) A description of how the local educational agency 
        intends to use funds provided under this subpart, including an 
        assurance that the local educational agency will meet the 
        requirements for the use of funds for mathematics and science 
        programs, professional development, and hiring teachers to 
        reduce class size, under section 2031.
            ``(2) An assurance that the local educational agency will 
        target funds to schools within the jurisdiction of the local 
        educational agency that--
                    ``(A) have the highest proportion of out-of-field 
                teachers;
                    ``(B) have the largest average class size; or
                    ``(C) are identified for school improvement under 
                section 1116(c).
            ``(3) A description of how the local educational agency 
        will coordinate professional development activities authorized 
        under this subpart with professional development activities 
        provided through other Federal, State, and local programs, 
        including those authorized under title I, title III, title IV, 
        part A of title VII, and (where applicable) the Individuals 
        with Disabilities Education Act and the Carl D. Perkins 
        Vocational and Technical Education Act.
            ``(4) A description of how the local educational agency 
        will integrate funds under this subpart with funds received 
        under title III that are used for professional development to 
        train teachers in how to use technology to improve learning and 
        teaching.
    ``(c) Parents' Right-To-Know.--A local educational agency that 
receives funds under this subpart shall provide, upon request and in an 
understandable and uniform format, to any parent of a student attending 
any school receiving funds under this subpart, information regarding 
the professional qualifications of the student's classroom teachers, 
including, at a minimum, the following:
            ``(1) Whether the teacher has met State qualification and 
        licensing criteria for the grade levels and subject areas in 
        which the teacher provides instruction.
            ``(2) Whether the teacher is teaching under emergency or 
        other provisional status through which State qualification or 
        licensing criteria have been waived.
            ``(3) The baccalaureate degree major of the teacher and any 
        other graduate certification or degree held by the teacher, and 
        the field or discipline of the certification or degree.

``SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

    ``(a) Limitation Relating to Curriculum and Content Areas.--
            ``(1) In general.--Except as provided in paragraph (2), 
        professional development funds under this subpart may not be 
        provided for a teacher and an activity if the activity is not--
                    ``(A) directly related to the curriculum and 
                content areas in which the teacher provides 
                instruction; or
                    ``(B) designed to enhance the ability of the 
                teacher to understand and use the State's standards for 
                the subject area in which the teacher provides 
                instruction.
            ``(2) Exception.--Paragraph (1) does not apply to funds for 
        professional development activities that instruct in methods of 
        disciplining children.
    ``(b) Other Requirements.--Professional development activities 
funded under this subpart--
            ``(1) shall be measured, in terms of progress, using the 
        specific performance indicators established by the State in 
        accordance with section 2013(b)(2);
            ``(2) shall be tied to challenging State or local content 
        standards and student performance standards;
            ``(3) shall be tied to scientifically based research 
        demonstrating the effectiveness of such program in increasing 
        student achievement or substantially increasing the knowledge 
        and teaching skills of such teachers;
            ``(4) shall be of sufficient intensity and duration (such 
        as not to include 1-day or short-term workshops and 
        conferences) to have a positive and lasting impact on the 
        teacher's performance in the classroom, except that this 
        paragraph shall not apply to an activity if such activity is 
        one component of a long-term comprehensive professional 
        development plan established by the teacher and the teacher's 
        supervisor based upon an assessment of their needs, their 
        students' needs, and the needs of the local educational agency; 
        and
            ``(5) shall be developed with extensive participation of 
        teachers, principals, and administrators of schools to be 
        served under this part.
    ``(c) Accountability.--
            ``(1) In general.--A State shall notify a local educational 
        agency that the agency is on notice of the possibility that the 
        agency may be subject to the requirement in paragraph (3) if, 
        after any fiscal year, the State determines that the programs 
        or activities funded by the agency fail to meet the 
        requirements of subsections (a) and (b).
            ``(2) Technical assistance.--A local educational agency 
        that has been put on notice pursuant to paragraph (1) may 
        request technical assistance from the State in order to provide 
the opportunity for such local educational agency to comply with the 
requirements of subsections (a) and (b).
            ``(3) Requirement to provide teacher opportunity 
        payments.--A local educational agency that has been put on 
        notice by the State pursuant to paragraph (1) during any 2 
        consecutive fiscal years shall expend under section 2034 for 
        the succeeding fiscal year a proportion of the amount made 
        available to the agency under this subpart equal to the 
        proportion of such amount expended by the agency on 
        professional development for the second fiscal year in which it 
        was put on notice.

``SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.

    ``(a) In General.--A local educational agency receiving funds under 
this subpart may (or, in the case of a local educational agency 
described in section 2033(c)(3), shall) provide funds directly to a 
teacher or a group of teachers seeking opportunities to participate in 
a professional development activity of their choice.
    ``(b) Notice to Teachers.--Local educational agencies distributing 
funds under this section shall establish and implement a timely process 
through which proper notice of availability of funds will be given to 
all teachers within schools identified by the agency and shall develop 
a process whereby teachers will be specifically recommended by 
principals to participate in such program by virtue of--
            ``(1) their lack of full certification to teach in the 
        subject or subjects in which they teach; or
            ``(2) their need for additional assistance to ensure that 
        their students make progress toward meeting challenging State 
        content standards and student performance standards.
    ``(c) Selection of Teachers.--In the event adequate funding is not 
available to provide payments under this section to all teachers 
seeking such assistance, or identified as needing such assistance 
pursuant to subsection (b), a local educational agency shall establish 
procedures for selecting teachers which provide a priority for those 
teachers described in paragraph (1) or (2) of subsection (b).
    ``(d) Eligible Program.--Teachers receiving a payment under this 
section shall have the choice of attending any professional development 
program that meets the criteria set forth in subsection (a) or (b) of 
section 2033.

                    ``Subpart 4--National Activities

``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING.

    ``(a) Teacher Excellence Academies.--
            ``(1) In general.--The Secretary may award grants on a 
        competitive basis to eligible consortia to carry out activities 
        described in this subsection.
            ``(2) Use of funds.--
                    ``(A) In general.--An eligible consortium receiving 
                funds under this subsection shall use the funds to pay 
                the costs associated with the establishment or 
                expansion of a teacher academy in an elementary or 
                secondary school facility that carries out the 
                activities promoting alternative routes to State 
                teacher certification specified in subparagraph (B), 
                the model professional development activities specified 
                in subparagraph (C), or all such activities.
                    ``(B) Promoting alternative routes to teacher 
                certification.--The activities promoting alternative 
                routes to State teacher certification specified in this 
                subparagraph are the design and implementation of a 
                course of study and activities providing an alternative 
                route to State teacher certification that--
                            ``(i) provide opportunities to highly 
                        qualified individuals with a baccalaureate 
                        degree, including mid-career professionals from 
                        other occupations, paraprofessionals, former 
                        military personnel, and recent college or 
                        university graduates with records of academic 
                        distinction;
                            ``(ii) provide stipends, for not more than 
                        2 years, to permit individuals described in 
                        clause (i) to participate as student teachers 
                        able to fill teaching needs in academic 
                        subjects in which there is a demonstrated 
                        shortage of teachers;
                            ``(iii) provide for the recruitment and 
                        hiring of master teachers to mentor and train 
                        student teachers within such academies; and
                            ``(iv) include a reasonable service 
                        requirement for individuals completing the 
                        alternative certification program established 
                        by the consortium.
                    ``(C) Model professional development.--The model 
                professional development activities specified in this 
                subparagraph are activities providing ongoing 
                professional development opportunities for teachers, 
                such as--
                            ``(i) innovative programs and model 
                        curricula in the area of professional 
                        development which may serve as models to be 
                        disseminated to other schools and local 
                        educational agencies; and
                            ``(ii) developing innovative techniques for 
                        evaluating the effectiveness of professional 
                        development programs.
            ``(3) Priority.--The Secretary shall award not less than 1 
        grant to a consortium that--
                    ``(A) includes a high-need local educational agency 
                located in a rural area; and
                    ``(B) proposes the extensive use of distance 
                learning in order to provide the applicable course work 
                to student teachers.
            ``(4) Special rule.--No single participant in an eligible 
        consortium may retain more than 50 percent of the funds made 
        available to the consortium under this subsection.
            ``(5) Application.--To be eligible to receive a grant under 
        this subsection, an eligible consortium shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(6) Eligible consortium.--In this subsection, the term 
        `eligible consortium' means a consortium for a State that--
                    ``(A) shall include--
                            ``(i) the State agency responsible for 
                        certifying teachers;
                            ``(ii) not less than 1 high-need local 
                        educational agency;
                            ``(iii) a school of arts and sciences; and
                            ``(iv) an institution that prepares 
                        teachers; and
                    ``(B) may include local educational agencies, 
                public charter schools, public or private elementary or 
                secondary schools, educational service agencies, public 
                or private nonprofit educational organizations, 
                museums, or businesses.
    ``(b) Continuation of Troops-to-Teachers Program.--
            ``(1) Purpose.--It is the purpose of this subsection to 
        authorize the continuation after September 30, 1999, of the 
        teachers and teachers' aide placement program known as the 
        `troops-to-teachers program', which was established by the 
        Secretary of Defense, and the Secretary of Transportation with 
        respect to the Coast Guard, under section 1151 of title 10, 
        United States Code.
            ``(2) Transfer of funds to continue program.--Subject to 
        the requirements of this subsection, the Secretary of Education 
        may provide a transfer of funds to the Defense Activity for 
        Non-Traditional Education Support of the Department of Defense 
        to permit the Defense Activity to carry out the troops-to-
        teachers program under section 1151 of title 10, United States 
        Code, notwithstanding the termination date specified in 
        subsection (c)(1)(A) of such section.
            ``(3) Defense and coast guard contribution.--The Secretary 
        of Education may not make a transfer of funds under paragraph 
        (2) unless the Secretary of Defense, and the Secretary of 
        Transportation with respect to the Coast Guard, agree to cover 
        not less than 25 percent of the costs associated with the 
        activities conducted under the troops-to-teachers program. The 
        contributions may be in the form of in-kind contributions or 
        cash expenditures, which may include the use of private 
        contributions made for purposes of the program.
            ``(4) Eligible members.--After September 30, 1999, the 
        troops-to-teachers program shall have a primary focus of 
        recruiting members of the Armed Forces who are retiring after 
        not less than 20 years of active duty.
            ``(5) Placement priority.--The Defense Activity for Non-
        Traditional Education Support shall cooperate with the 
        Department of Education in efforts to notify high-need local 
        educational agencies of the services available to them under 
        the troops-to-teachers program.

``SEC. 2042. EISENHOWER NATIONAL CLEARINGHOUSE FOR MATHEMATICS AND 
              SCIENCE EDUCATION.

    ``The Secretary may award a grant or contract, in consultation with 
the Director of the National Science Foundation, to continue the 
Eisenhower National Clearinghouse for Mathematics and Science 
Education.

                          ``Subpart 5--Funding

``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Fiscal Year 2000.--For the purpose of carrying out this part, 
there are authorized to be appropriated $2,019,000,000 for fiscal year 
2000, of which $15,000,000 are authorized to be appropriated to carry 
out subpart 4.
    ``(b) Other Fiscal Years.--For the purpose of carrying out this 
part, there are authorized to be appropriated such sums as may be 
necessary for fiscal years 2001 through 2004.

                    ``Subpart 6--General Provisions

``SEC. 2061. DEFINITIONS.

    ``For purposes of this part--
            ``(1) Arts and sciences.--The term `arts and sciences' 
        means--
                    ``(A) when referring to an organizational unit of 
                an institution of higher education, any academic unit 
                that offers 1 or more academic majors in disciplines or 
                content areas corresponding to the academic subject 
                matter areas in which teachers provide instruction; and
                    ``(B) when referring to a specific academic subject 
                matter area, the disciplines or content areas in which 
                academic majors are offered by the arts and sciences 
                organizational unit.
            ``(2) High-need local educational agency.--The term `high-
        need local educational agency' means a local educational agency 
        that serves an elementary school or secondary school located in 
        an area in which there is--
                    ``(A) a high percentage of individuals from 
                families with incomes below the poverty line (as 
                defined by the Office of Management and Budget and 
                revised annually in accordance with section 673(2) of 
                the Community Services Block Grant Act (42 U.S.C. 
                9902(2)));
                    ``(B) a high percentage of secondary school 
                teachers not teaching in the content area in which the 
                teachers were trained to teach; or
                    ``(C) a high teacher turnover rate.
            ``(3) Out-of-field teacher.--The term `out-of-field 
        teacher' means a teacher--
                    ``(A) teaching a subject for which he or she is not 
                fully qualified, as determined by the State; or
                    ``(B) who did not receive a degree from an 
                institution of higher education with a major or minor 
                in the field in which he or she teaches.
            ``(4) Scientifically based research.--The term 
        `scientifically based research'--
                    ``(A) means the application of rigorous, 
                systematic, and objective procedures to obtain valid 
                knowledge relevant to professional development of 
                teachers; and
                    ``(B) shall include research that--
                            ``(i) employs systematic, empirical methods 
                        that draw on observation or experiment;
                            ``(ii) involves rigorous data analyses that 
                        are adequate to test the stated hypotheses and 
                        justify the general conclusions drawn;
                            ``(iii) relies on measurements or 
                        observational methods that provide valid data 
                        across evaluators and observers and across 
                        multiple measurements and observations; and
                            ``(iv) has been accepted by a peer-reviewed 
                        journal or approved by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review.''.
    (b) Conforming Amendments.--
            (1) National writing project.--Section 10992(i) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8332(i)) is amended by striking ``$4,000,000'' and inserting 
        ``such sums as may be necessary''.
            (2) Reference to national clearinghouse for mathematics and 
        science education.--Section 13302(1) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8672(1)) is amended 
        by striking ``2102(b)'' and inserting ``2042''.

SEC. 3. AMENDMENTS RELATING TO READING EXCELLENCE ACT.

    (a) Repeal of Part B.--Part B of title II of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6641-6651) is repealed.
    (b) Reading Excellence Act.--
            (1) Part heading.--Part C of title II of such Act is 
        redesignated as part B and the heading for such part B is 
        amended to read as follows:

                  ``PART B--READING EXCELLENCE ACT''.

            (2) Authorization of appropriations.--Section 2260(a) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6661i) is amended by adding at the end the following:
            ``(3) Fiscal years 2001 to 2004.--There are authorized to 
        be appropriated to carry out this part $260,000,000 for fiscal 
        year 2001 and such sums as may be necessary for fiscal years 
        2002 through 2004.''.

SEC. 4. GENERAL PROVISIONS.

    (a) In General.--Title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
            (1) by repealing part D;
            (2) by redesignating part E as part C; and
            (3) by striking sections 2401 and 2402 and inserting the 
        following:

``SEC. 2401. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OF 
              TEACHERS.

    ``(a) Prohibition on Mandatory Testing or Certification.--
Notwithstanding any other provision of law, the Secretary is prohibited 
from using Federal funds to plan, develop, implement, or administer any 
mandatory national teacher test or certification.
    ``(b) Prohibition on Withholding Funds.--The Secretary is 
prohibited from withholding funds from any State or local educational 
agency if such State or local educational agency fails to adopt a 
specific method of teacher certification.

``SEC. 2402. PROVISIONS RELATED TO PRIVATE SCHOOLS.

    ``The provisions of sections 14503 through 14506 apply to programs 
under this title.

``SEC. 2403. HOME SCHOOLS.

    ``Nothing in this title shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of any 
private, religious, or home school, whether or not a home school is 
treated as a private school or home school under State law. This 
section shall not be construed to bar private, religious, or home 
schools from participation in programs or services under this title.''.
    (b) Conforming Amendments.--
            (1) Definition of covered program.--Section 14101(10)(C) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801(10)(C)) is amended by striking ``(other than section 2103 
        and part D)''.
            (2) Private school participation.--Section 14503(b)(1)(B) 
        (20 U.S.C. 8893(b)(1)(B)) of such Act is amended by striking 
        ``(other than section 2103 and part D of such title)''.