[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3867 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3867

        To give control of education back to local communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2000

   Mr. Smith of Washington introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
        To give control of education back to local communities.

    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 ``Local Education Empowerment Act''.

SEC. 2. PURPOSE.

    The purposes of this Act are the following:
            (1) To give local communities control over how education 
        funds are spent.
            (2) To maintain the primary Federal role in education as 
        helping to provide high-quality education for disadvantaged 
        students.
            (3) To support the secondary Federal role in education as 
        supporting innovative practices in our schools.

      TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 1002(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301) is amended by striking ``$7,400,000,000 for 
1995'' and inserting ``$12,000,000,000 for fiscal year 2001''.

SEC. 102. SCHOOLWIDE PROGRAMS.

    Section 1114(a)(1)(B) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6314(a)(1)(B)) is amended by striking ``50 percent'' 
each place it appears and inserting ``35 percent''.

                   TITLE II--PROFESSIONAL DEVELOPMENT

SEC. 201. PROFESSIONAL DEVELOPMENT.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended to read as follows:

``SEC. 2101. PURPOSE.

    ``The purpose of this title is to increase student academic 
achievement by implementing such strategies as hiring new teachers, 
improving teacher quality, providing professional development, 
increasing teacher compensation, and lowering class size.

``SEC. 2102. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to provide grants to 
eligible local educational agencies to provide services described in 
section 2104.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
title, a local educational agency shall submit an application to the 
Secretary at such time and in such manner as the Secretary may 
reasonably require. Each such application shall include a 5-year plan 
to improve student achievement by providing high-quality professional 
development for teachers, hiring new teachers, and reducing class size.

``SEC. 2103. DISTRIBUTION OF FUNDS.

    ``From the amount made available to carry out this title--
            ``(1) 50 percent shall be allocated among such States on 
        the basis of their relative populations of students in 
        kindergarten through 12th grade, as determined by the Secretary 
        on the basis of the most recent satisfactory data; and
            ``(2) 50 percent shall be distributed according to each 
        local educational agency's share of allocations under part A of 
        title I.

``SEC. 2104. USES OF FUNDS.

    ``A local educational agency that receives funds under this title 
may use such funds for the following:
            ``(1) To provide professional development activities in 
        core academic subjects to ensure that teachers have content 
        knowledge in subjects they teach.
            ``(2) To provide professional development to ensure 
        teachers are able to use State content and performance 
        standards and assessments to improve student achievement.
            ``(3) To provide intensive programs designed to prepare 
        teachers to return to their schools to provide such instruction 
        to other teachers within such schools.
            ``(4) To support initial teaching experiences by providing 
        programs such as mentoring programs.
            ``(5) To establish or improve routes to alternative 
        certification for highly qualified individuals with 
        baccalaureate degrees, including mid-career professionals from 
        other occupations, paraprofessionals, former military 
        personnel, recent college graduates with records of academic 
        distinction.
            ``(6) To provide initiatives to assist in the recruitment 
        of fully qualified teachers, including signing bonuses and 
        differential pay.
            ``(7) To develop initiatives that promote the retention of 
        highly qualified teachers and principals, including programs 
        that provide mentoring to newly hired teachers, such as from 
        master teachers, and programs providing incentives, including 
        financial incentives, to retain teachers who have a record of 
        success in helping low-achieving students improve their 
        academic success.
            ``(8) To provide incentives to improve the quality of the 
        teaching force such as innovative professional development 
        programs, which may be established through partnerships with 
        institutions of higher education, including programs to train 
        teachers to use technology to improve teaching and learning.
            ``(9) To improve the quality of the teaching force through 
        tenure reform, merit pay, or testing teachers in the subject 
        areas taught by such teachers.
            ``(10) To provide professional development regarding how to 
        teach children with different learning styles, how best to 
        discipline children, and how to teach character education.

``SEC. 2105. REPORTING AND ACCOUNTABILITY.

    ``Each local educational agency that receives a grant under this 
title shall report annually to the State educational agency and to the 
public.

``SEC. 2106. AUTHORIZATION.

    ``There are authorized to be appropriated to carry out this title 
$1,600,000,000 for fiscal year 2001 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.''.

                      TITLE III--EDUCATION REFORMS

SEC. 301. EDUCATION REFORMS.

    Title III of the Elementary and Secondary Education Act of 1965 is 
amended to read as follows:

``SEC. 3101. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary may provide grants to local 
educational agencies to provide services described in section 3103.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
title, a local educational agency shall submit an application to the 
Secretary at such time and in such manner as the Secretary may 
reasonably require. Each such application shall include a 5-year plan 
to improve student achievement through the use of education reforms.

``SEC. 3102. DISTRIBUTION OF FUNDS.

    ``From the amount made available to carry out this title--
            ``(1) 25 percent shall be allocated among such States on 
        the basis of their relative populations of students in 
        kindergarten through 12th grade, as determined by the Secretary 
        on the basis of the most recent satisfactory data; and
            ``(2) 75 percent shall be distributed according to each 
        local educational agency's share of allocations under part A of 
        title I.

``SEC. 3103. USES OF FUNDS.

    ``A local educational agency that receives funds under this title 
may use such funds for the following:
            ``(1) To implement State standards and assessments.
            ``(2) To establish efforts to increase student progress 
        toward meeting State standards and assessments.
            ``(3) To develop programs to reduce drugs and violence in 
        schools.
            ``(4) To provide after school programs.
            ``(5) To increase access to and understanding of technology 
        in the classroom for learning.
            ``(6) To support gifted and talented education.
            ``(7) To provide arts education.
            ``(8) To establish efforts to reduce dropout rates.
            ``(9) To provide school-to-work activities and 
        opportunities.
            ``(10) To provide education to homeless students.
            ``(11) To promote greater gender and racial equity in 
        education.
            ``(12) To support class size reduction.
            ``(13) To support school construction and facility 
        improvement.
            ``(14) To provide programs and assistance for neglected and 
        delinquent students.
            ``(15) To support Even Start and preschool programs.
            ``(16) To support reading and literacy programs.
            ``(17) To provide civic education programs.
            ``(18) To support math and science education.

``SEC. 3104. REPORTING AND ACCOUNTABILITY.

    ``Each local educational agency that receives a grant under this 
title shall report annually to the State educational agency and to the 
public regarding the expenditure and use of funds provided under this 
title for education reforms.

``SEC. 3105. AUTHORIZATION.

    ``There are authorized to be appropriated to carry out this title 
$2,700,000,000 for fiscal year 2001 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.''.

                   TITLE IV--ADMINISTRATIVE EXPENSES

SEC. 401. STATE ADMINISTRATIVE EXPENSES.

    Title IV of the Elementary and Secondary Education Act of 1965 is 
amended to read as follows:

``SEC. 4001. PROGRAM AUTHORIZED.

    ``The Secretary is authorized to provide grants to State 
educational agencies to maintain State standards and assessments and to 
monitor the progress of local education agencies toward meeting State 
goals.

``SEC. 4002. DISTRIBUTION OF FUNDS.

    ``The Secretary shall determine the amount each State is eligible 
to receive based on the number of students ages 5 to 17, in the State.

``SEC. 4003. USE OF FUNDS.

    ``(a) In General.--A State educational agency shall use funds 
received under this title--
            ``(1) to assist local educational agencies to design a 5-
        year plan for titles II, III, and VII to monitor local 
        educational agencies use of Federal funds and to determine 
        adequate student achievement levels;
            ``(2) to maintain State standards and assessments and 
        monitor the progress of local educational agencies toward 
        meeting State goals and meeting the local education agency's 
        objectives set out in the 5-year plans submitted for a grant 
        under titles II, III, and VII;
            ``(3) for administration, evaluations, research, 
        professional development; and
            ``(4) to provide technical assistance to local educational 
        agencies and schools, continue development of State curriculum 
        content and student performance standards, and develop and 
        align State assessment systems with these standards.
    ``(b) Corrective Action.--If a State determines that a local 
educational agency is not meeting the goals established by the State, 
the State, in consultation with the Secretary shall work with the 
agency to take correction actions to assure that such goals are met. If 
after 3 years the State determines, after consultation with the 
Secretary, that the local educational agency is not taking proper 
corrective actions, the State may take over (or `reconstitute') 
administration of the local educational agency, or certain schools, as 
the State considers appropriate.

``SEC. 4004. REPORTING AND ACCOUNTABILITY.

    ``(a) Plan.--Each State shall submit a 5-year plan to the Secretary 
regarding how the State educational agency plans to use the Federal 
funds to help local educational agencies formulate plans for the use of 
Federal grants, monitor State progress toward reaching goals, assure 
Federal funds are being used to help students reach high levels of 
achievement. The plan shall also indicate statewide student achievement 
goals.
    ``(b) Annual Report.--The State educational agency shall report 
yearly to the Secretary regarding the use of funds and progress toward 
reaching student achievement goals.

``SEC. 4005. AUTHORIZATION.

    ``There are authorized to be appropriated to carry out this title, 
$260,000,000 for fiscal year 2000 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.

                TITLE V--INCREASED AUTHORIZATION LEVELS

SEC. 501. INCREASED AUTHORIZATION LEVELS.

    (a) Magnet Schools.--Section 5113 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7213) is amended by striking 
``$120,000,000 for fiscal year 1995'' and inserting ``$130,000,000 for 
fiscal year 2001''.
    (b) Charter Schools.--Section 10311 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 8067) is amended by striking 
``$100,000,000 for fiscal year 1999 and such sums as may be necessary 
for each of the four succeeding fiscal years'' and inserting ``such 
sums as may be necessary for fiscal year 2000, $200,000,000 for fiscal 
year 2001, and such sums as may be necessary for each of the four 
succeeding fiscal years''.

             TITLE VI--LIMITED ENGLISH PROFICIENT STUDENTS

SEC. 601. LIMITED ENGLISH PROFICIENT STUDENTS.

    Title VII of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7401 et seq.) is amended to read as following:

``SEC. 7101. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to provide grants to 
eligible local educational agencies to provide services described in 
section 7103 to limited English proficient students to enable such 
students to meet the same rigorous standards for academic performance 
as other students in the State.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
title, a local educational agency shall submit an application to the 
Secretary at such time and in such manner as the Secretary may 
reasonably require. Each such application shall include a 5-year plan 
to improve limited English proficiency education and address the needs 
of immigrant students. The plan shall also establish numerical 
performance objectives to determine student progress in learning 
English.

``SEC. 7102. DISTRIBUTION OF FUNDS.

    ``(a) Determination of Amounts.--To determine the amount each local 
educational agency may be eligible to receive, the Secretary shall use 
data published by the Bureau of the Census in compiling the most recent 
decennial census to identify the number of limited English proficient 
students served by the local educational agency.
    ``(b) Allocation.--From the amount made available to carry out this 
title--
            ``(1) 50 percent shall be allocated among such States on 
        the basis of their relative populations of students in 
        kindergarten through 12th grade, as determined by the Secretary 
        on the basis of the most recent satisfactory data; and
            ``(B) 50 percent shall be distributed according to each 
        local educational agency's share of allocations under part A of 
        title I.
    ``(c) Hold Harmless.--Notwithstanding the provisions of subsection 
(b), a local educational agency shall not receive less than the total 
amount of funds that it received in fiscal year 2000 under title VII of 
this Act as such title was in effect on the day preceding the date of 
the enactment of the Local Education Empowerment Act.

``SEC. 7103. USES OF FUNDS.

    ``A local educational agency that receives funds under this title 
may use such funds for the following:
            ``(1) To increase the proficiency of students learning 
        English.
            ``(2) To assist students with limited English proficiency 
        to meet the same challenging State content and student 
        performance standards expected of other students in the State.
            ``(3) To develop and implement new English language and 
        academic content instructional programs for children who are 
        limited English proficient, including programs of early 
        childhood education and kindergarten through 12th grade 
        education.
            ``(4) To carry out highly focused, innovative, locally 
        designed projects to expand or enhance existing English 
        language and academic content instruction programs for limited 
        English proficient students.
            ``(5) To implement schoolwide programs for restructuring, 
        reforming, and upgrading all relevant programs and operations 
        relating to English language and academic content standards.
            ``(6) To upgrade program objectives and effective 
        instructional strategies.
            ``(7) To improve instructional programs by identifying, 
        acquiring, and upgrading curricula, instructional materials, 
        educational software, and assessment procedures.
            ``(8) To provide intensified instruction to limited English 
        proficient students.
            ``(9) To implement comprehensive preschool, elementary, or 
        secondary school English programs that are coordinated with 
        other relevant programs and services.
            ``(10) To provide professional development to classroom 
        teachers, administrators, and other school and community-based 
        organizational personnel to improve instruction and assessment.
            ``(11) To improve instruction by providing for the 
        acquisition or development of education technology or 
        instructional materials, access to and participation in 
        electronic networks for materials, training and communications, 
        and incorporation of such resources in curricula and programs.
            ``(12) To develop tutoring programs.
            ``(13) To support the identified needs of migratory 
        children that result from their migratory lifestyle.
            ``(14) To provide family literacy services and parent 
        outreach and training activities to limited English proficient 
        children.

``SEC. 7104. REPORTING AND ACCOUNTABILITY.

    ``Each local educational agency that receives a grant under this 
title shall report annually the results of the numerical performance 
objectives included in the 5-year plan described in section 7101(b) to 
the State educational agency and to the public.

``SEC. 7105. DEFINITIONS.

    ``For purposes of this title, the term `limited English proficient 
student' means a child age 5 through 17 who--
            ``(1) is enrolled in a public elementary or secondary 
        school;
            ``(2)(A) was not born in the United States;
            ``(B) has a native language other than English; or
            ``(C) is a Native American or Alaska Native and comes from 
        an home in which a language other than English has a 
        significant impact on such individual's level of English 
        language proficiency;
            ``(3) comes from an home in which a language other than 
        English is used for most communication; and
            ``(4) has sufficient difficulty speaking, reading, writing, 
        and understanding the English language and such difficulty may 
        deny such individual an opportunity to learn successfully in 
        classrooms in which the language of instruction is English or 
        to participate fully in our society.

``SEC. 7106. AUTHORIZATION.

    ``There are authorized to be appropriated to carry out this title 
$1,000,000,000 for fiscal year 2001 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.''.
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