[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1270 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1270

           To establish a partnership for education progress.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 1999

Mr. Frist (for himself and Mr. Domenici) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
           To establish a partnership for education progress.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Education Express 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
                         TITLE I--DIRECT CHECK

Sec. 101. State options.
Sec. 102. Direct check fund.
Sec. 103. Federal statute option.
                        TITLE II--CHALLENGE FUND

Sec. 201. Challenge fund.
                       TITLE III--TEACHER QUALITY

Sec. 301. Teacher quality.
                  TITLE IV--ACADEMIC OPPORTUNITY FUND

Sec. 401. Academic opportunity fund.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Plan and report.
Sec. 502. Authorized activities.
Sec. 503. Federal role.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The benefits of a quality education are clear. The 
        benefits are economic independence and prosperity, preservation 
        of our Nation's democratic society, and endless opportunity for 
        personal growth and enrichment. An emphasis should be placed on 
        student achievement in education and new funding should be 
        provided to focus on improving student learning and 
        achievement. Innovative reforms taking place in our Nation's 
        States and local communities must not be stifled.
            (2) Every child must have the opportunity to attend school 
        in an environment where teachers and administrators expect 
        achievement, where every child is respected and nurtured, and 
        where parents are an integral part of the education process. 
        All of our Nation's students deserve a quality education 
        whether the students are poor, academically struggling, gifted 
        and talented, or living in our Nation's cities, suburbs or 
        rural communities.
            (3) Schools must be places where most of the school day is 
        reserved for learning instead of discipline, paperwork, or 
        dealing with the limiting constraints of categorical funding.
            (4) Parents, community leaders, and local and State 
        governments, not the Federal Government, know best the 
        education needs of their children. All across the United 
        States, States and local communities are implementing 
        innovative solutions to our Nation's education challenges.
            (5) With increased funding and flexibility, more will be 
        expected from States and local communities, and the States and 
        local communities will be increasingly accountable to parents, 
        students, and taxpayers. Federal education policy has focused a 
        great deal of attention on educational inputs. Instead, our 
        Federal dollars should provide incentives to States and local 
        communities to place a much greater emphasis on educational 
        achievement, with a minimum amount of interference from the 
        Federal Government.
            (6) Where the Federal Government can help is in 
        facilitating the education reform efforts of States by 
        enhancing their efforts through unbiased research and 
        statistics gathering, by facilitating the exchange of ideas and 
        strategies through dissemination of best practices, and by 
        encouraging collaboration among education leaders from across 
        our Nation.

SEC. 3. PURPOSE.

    The purpose of this Act is--
            (1) to infuse significant new dollars into the hands of 
        parents, communities, and State and local governments to 
        improve the educational achievement of students; and
            (2) to provide an additional $36,500,000,000 during the 
        period 2000 through 2004 from the Federal Government as part of 
        a larger consolidation of duplicative and limiting categorical 
        programs into a much more streamlined and direct funding stream 
        to States and localities to use for a variety of educational 
        purposes.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) the terms ``elementary school'', ``local educational 
        agency'', ``secondary school'', ``Secretary'', and ``State 
        educational agency'' have the meanings given the terms in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 8801);
            (2) the term ``Governor'' means--
                    ``(A) the chief executive of a State; or
                    ``(B) in the case of a State for which the 
                constitution of the State or a State statute designates 
                an individual, entity or agency in the State to be 
                responsible exclusively for public elementary or 
                secondary education, the individual, entity or agency;
            (3) the term ``outlying area'' means the United States 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau; 
        and
            (4) the term ``State'' means each of the several States of 
        the United States, the District of Columbia and the 
        Commonwealth of Puerto Rico.

                         TITLE I--DIRECT CHECK

SEC. 101. STATE OPTIONS.

    (a) State Options.--Notwithstanding any other provision of law, the 
Governor of each State shall notify the Secretary regarding the State's 
election to receive the State's portion of the applicable funding 
described in subsection (b) according to one of the following options:
            (1) Direct check option.--The State may receive the funding 
        pursuant to a State allotment described in section 102(a).
            (2) Federal statute option.--The State may receive the 
        funding according to the provisions of law described in 
        subsection (b).
    (b) Definition of Applicable Funding.--In this title, the term 
``applicable funding'' means all funds that are appropriated for the 
Department of Education for each of the fiscal years 2000 through 2004 
to carry out programs or activities under the following provisions of 
law:
            (1) Part A of title II of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6621 et seq.).
            (2) Part B of title II of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6641 et seq.).
            (3) Part C of title II of the Elementary and Secondary 
        Education Act of 1965.
            (4) Title III of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6801 et seq.).
            (5) Title IV of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7101 et seq.).
            (6) Part A of title V of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7201 et seq.).
            (7) Part B of title V of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7231 et seq.).
            (8) Title VI of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7301 et seq.).
            (9) Title VII of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7401 et seq.).
            (10) Part A of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (11) Part B of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8031 et seq.).
            (12) Part C of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8061 et seq.).
            (13) Subpart 1 of part D of title X of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8091).
            (14) Part F of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8141 et seq.).
            (15) Part G of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8161 et seq.).
            (16) Part I of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8241 et seq.).
            (17) Part K of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8331 et seq.).
            (18) Part A of title XIII of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8621 et seq.).
            (19) Part C of title XIII of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8671 et seq.).
    (c) References.--References to funds for the provisions of law 
described in subsection (b) shall be considered to be references to 
funds for this title.

SEC. 102. DIRECT CHECK FUND.

    (a) Allotments.--
            (1) In general.--Subject to paragraph (2), from the total 
        applicable funding available for a fiscal year, the Secretary 
        shall make allotments under this section to each Governor 
        selecting the direct check option described in section 
        101(a)(1) in an amount that bears the same relation to such 
        total applicable funding as the amount the State received under 
        part B of title II of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6641 et seq.) for fiscal year 1998 bears 
        to the total amount received under such part by all States for 
        fiscal year 1998.
            (2) Hold harmless.--A State shall not receive an allotment 
        under this section for a fiscal year in an amount that is less 
        than the total amount the State received for the preceding 
        fiscal year under those provisions of law described in section 
        101(b) that distribute funds according to a formula.
    (b) State Uses.--Each Governor receiving an allotment under this 
section shall use--
            (1) not less than 98 percent of the allotted funds to award 
        assistance to local educational agencies in the State--
                    (A) according to a formula developed by the 
                Governor that targets the funds to the lowest achieving 
                school districts according to most recent State 
                assessments; and
                    (B) to enable the local educational agencies to 
                carry out the authorized activities described in 
                section 502; and
            (2) not more than 2 percent of the allotted funds for 
        administrative expenses.

SEC. 103. FEDERAL STATUTE OPTION.

    (a) In General.--From the applicable funding that remains after 
making the allotments under section 102(a) for a fiscal year, the 
Secretary may make awards according to the provisions of law described 
in section 101(b), to State and local recipients, in States selecting 
the Federal statute option described in section 101(a)(2).
    (b) Percentage Reductions.--The Secretary, after making the 
allotments under section 102(a) for a fiscal year, shall reduce the 
total amount of applicable funding available to carry out the 
provisions of law described in section 101(b) for the fiscal year, for 
any State selecting the Federal statute option described in section 
101(a)(2), by an equal percentage for each such provision.

                        TITLE II--CHALLENGE FUND

SEC. 201. CHALLENGE FUND.

    (a) Program Authorized.--
            (1) In general.--The Secretary is authorized to award 
        funds, from allotments under subsection (b), to Governors to 
        enable local educational agencies to carry out the authorized 
        activities described in section 502.
            (2) Reservation.--The Secretary shall reserve \1/2\ of 1 
        percent of the funds appropriated under subsection (d) for a 
        fiscal year to provide assistance to the outlying areas and the 
        Bureau of Indian Affairs according to their respective need for 
        assistance under this title as determined by the Secretary in 
        accordance with the purpose of this Act.
    (b) Allotment.--
            (1) In general.--Subject to paragraph (2), from funds 
        appropriated under subsection (d) and not reserved under 
        subsection (a)(2) for a fiscal year, the Secretary shall make 
        allotments under this section to the Governor of each State in 
        an amount that bears the same relation to such funds as the 
        amount the State received under part B of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 
        et seq.) for fiscal year 1998 bears to the total amount 
        received under such part by all States for fiscal year 1998.
            (2) Increased allotment.--Each State selecting the direct 
        check option described in section 101(a)(1) for a fiscal year 
        shall receive a 10 percent increase in the amount of the 
        State's allotment under paragraph (1) for the fiscal year. The 
        Secretary shall proportionately reduce the amount of the 
        allotment for States not making such selection in order to 
        carry out the preceding sentence.
    (c) State Uses.--Each Governor receiving an allotment under this 
section shall use--
            (1) not less than 98 percent of the allotted funds to award 
        assistance to local educational agencies to enable the local 
        educational agencies to carry out the authorized activities 
        described in section 502; and
            (2) not less than 2 percent of the allotted funds for 
        administrative expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,750,000,000 for fiscal year 
2000, $2,000,000,000 for fiscal year 2001, $2,500,000,000 for fiscal 
year 2002, $5,000,000,000 for fiscal year 2003, and $5,500,000,000 for 
fiscal year 2004.

                       TITLE III--TEACHER QUALITY

SEC. 301. TEACHER QUALITY.

    (a) Program Authorized.--
            (1) In general.--The Secretary is authorized to award funds 
        to Governors, from allotments under subsection (b), to enable 
        the Governors to supplement State efforts to improve the 
        quality of elementary school and secondary school teachers in 
        the State.
            (2) Reservation.--The Secretary shall reserve \1/2\ of 1 
        percent of the funds appropriated under subsection (e) for a 
        fiscal year to provide assistance to the outlying areas and the 
        Bureau of Indian Affairs according to their respective need for 
        assistance under this title as determined by the Secretary in 
        accordance with the purpose of this Act.
    (b) Allotment.--
            (1) In general.--Subject to paragraph (2), from funds 
        appropriated under subsection (e) and not reserved under 
        subsection (a)(2) for a fiscal year, the Secretary shall make 
        allotments under this section to the Governor of each State in 
        an amount that bears the same relation to such funds as the 
        amount the State received under part B of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 
        et seq.) for fiscal year 1998 bears to the total amount 
        received under such part by all States for fiscal year 1998.
            (2) Increased allotment.--Each State selecting the direct 
        check option described in section 101(a)(1) for a fiscal year 
        shall receive a 10 percent increase in the amount of the 
        State's allotment under paragraph (1) for the fiscal year. The 
        Secretary shall proportionately reduce the amount of the 
        allotment for States not making such selection in order to 
        carry out the preceding sentence.
    (c) State Uses.--Each Governor receiving an allotment under this 
section shall use--
            (1) not less than 85 percent of the allotted funds to award 
        assistance to local educational agencies in the State to enable 
        the local educational agencies to carry out the authorized 
        activities described in subsection (d);
            (2) not more than 13 percent of the allotted funds for 
        statewide efforts to improve elementary school and secondary 
        school teacher quality; and
            (3) not more than 2 percent of the allotted funds for 
        administrative expenses.
    (d) Local Authorized Activities.--A local educational agency may 
use funds received under this section for--
            (1) hiring highly qualified teachers for every classroom;
            (2) professional development for educators;
            (3) rewarding successful teaching through initiatives such 
        as merit pay;
            (4) higher teacher salaries;
            (5) improving the quality of teacher training at the 
        postsecondary level;
            (6) alternative certification of teachers;
            (7) continuing teach education (CTE) credits;
            (8) State teacher examinations;
            (9) scholarships or teacher internship programs; or
            (10) any other activities the Governor or local educational 
        agency determine will improve the recruitment and retention of 
        highly qualified teachers.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $1,750,000,000 for fiscal year 
2000, $26,400,000,000 for fiscal year 2001, $2,400,000,000 for fiscal 
year 2002, $3,400,000,000 for fiscal year 2003, and $4,400,000,000 for 
fiscal year 2004.

                  TITLE IV--ACADEMIC OPPORTUNITY FUND

SEC. 401. ACADEMIC OPPORTUNITY FUND.

    (a) Program Authorized.--
            (1) In general.--The Secretary is authorized to award 
        funds, from allotments under subsection (b), to Governors who 
        select the direct check option described in section 101(a)(1) 
        to enable the Governors to reward elementary schools, secondary 
        schools, or local educational agencies that meet or exceed 
        State-determined goals and performance objectives for student 
        achievement and teacher quality.
            (2) Reservation.--The Secretary shall reserve \1/2\ of 1 
        percent of the funds appropriated under subsection (d) for a 
        fiscal year to provide assistance to the outlying areas and the 
        Bureau of Indian Affairs according to their respective need for 
        assistance under this title as determined by the Secretary in 
        accordance with the purpose of this Act.
    (b) Allotments.--
            (1) In general.--Subject to paragraphs (2) and (3), from 
        funds appropriated under subsection (d) and not reserved under 
        subsection (a)(2) for a fiscal year the Secretary shall make 
        allotments under this section to the Governor of a State who 
        selects the direct check option described in section 101(a)(1) 
        in an amount that bears the same relation to such funds as the 
        amount the State received under part B of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641 
        et seq.) for fiscal year 1998 bears to the total amount 
        received under such part by all States for fiscal year 1998.
            (2) Increased allotment.--The Secretary shall increase the 
        total amount of a State's allotment under paragraph (1) by 10 
        percent if the State--
                    (A) agrees to devote 25 percent or more of the 
                allotted funds under this section to meet the 
                educational needs of children with disabilities in a 
                manner that supplements and does not supplant existing 
                Federal, State, and local funding for such children;
                    (B) demonstrates that the State has improved the 
                educational performance of--
                            (i) limited English proficient students;
                            (ii) students who, at one time or another, 
                        have dropped out of school; and
                            (iii) students who are eligible for a free 
                        school lunch; or
                    (C) adopts or shows improved performance on the 
                State-level National Assessment of Educational 
                Progress.
            (3) Ratable reduction.--The Secretary shall ratably reduce 
        the amount of the allotment under this section for each State 
        that does not receive an increase under paragraph (2) in order 
        to carry out paragraph (2).
    (c) State Uses.--Each Governor receiving an allotment under this 
section shall use--
            (1) not less than 98 percent of the allotted funds--
                    (A) to implement statewide education reforms such 
                as implementing standards and assessments; or
                    (B) to provide bonus payments to elementary 
                schools, secondary schools, or local educational 
                agencies that adopt reforms or achieve goals determined 
                important by the Governor, including rewarding schools 
                that encourage more students to take honors courses or 
                the Scholastic Aptitude Test (SAT), or rewarding local 
                educational agencies that improve discipline policies 
                or teacher training; and
            (2) not more than 2 percent of the allotted funds for 
        administrative expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000,000 for fiscal year 
2001, $600,000,000 for fiscal year 2002, $1,600,000,000 for fiscal year 
2003, and $3,100,000,000 for fiscal year 2004.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. PLAN AND REPORT.

    (a) Plan.--
            (1) In general.--In order to receive funds under this Act a 
        Governor or a designee of the Governor shall develop a 5-year 
        educational reform plan for improving the academic achievement 
        of all elementary school and secondary school students in the 
        State. Any State-level comprehensive education reform plan 
        developed prior to the date of enactment of this Act that meets 
        the requirements of this section shall satisfy the requirements 
        of the preceding sentence.
            (2) Plan development.--In developing the plan the Governor 
        or the designee shall hold regional hearings in the State so 
        that State and local legislative officials, parents, teachers, 
        and other educational leaders are given ample opportunity to 
        provide input into the State's educational reform plan.
            (3) Contents.--The plan shall--
                    (A) demonstrate how the State will use the funds 
                under this Act to supplement and not supplant existing 
                State education funding;
                    (B) outline the objective criteria by which the 
                Governor will determine student achievement, and the 
                testing and other measures the Governor will utilize to 
                measure student achievement based on such objective 
                criteria, which testing and other measures shall be 
                used throughout the 5-year period of the plan;
                    (C) describe how decisionmaking will be devolved to 
                the local, school, community, and parental levels;
                    (D) describe how the funds will be used and how 
                schools will meet the State's reform goals; and
                    (E) describe how the Governor will provide for the 
                equitable participation of nonpublic school students in 
                the activities assisted under this Act.
    (b) Report.--Each Governor shall report on a yearly basis to the 
public regarding the progress of the State in meeting the education 
goals of the State. Such report shall include student achievement data 
as measured by any State-level or other assessments utilized at the 
State or local level, including the National Assessment of Educational 
Progress if applicable.

SEC. 502. AUTHORIZED ACTIVITIES.

    (a) Activities.--Each local educational agency receiving assistance 
under title I or II--
            (1) shall use the assistance to design and implement 
        programs to improve student learning, such as--
                    (A) any activity focused on improved student 
                learning;
                    (B) new books;
                    (C) additional technology;
                    (D) high standards and assessments;
                    (E) teacher hiring and quality improvements;
                    (F) class size reduction;
                    (G) alternative schools;
                    (H) school-to-work programs or partnerships with 
                institutions of higher education;
                    (I) school construction;
                    (J) special education;
                    (K) vouchers;
                    (L) charter schools or other school choice 
                initiatives;
                    (M) character education;
                    (N) dropout prevention;
                    (O) tutoring and remedial help for struggling 
                students; or
                    (P) any activity determined by the Governor or 
                local educational agency to improve the educational 
                achievement of all children; and
            (2) shall set yearly targets for how to achieve the goals 
        in the State plan described in section 501(a)(3)(D) and 
        describe plans for corrective action if the targets are not 
        met.
    (b) Limitation.--A local educational agency may not use more than 
25 percent of the total amount of funds the agency receives under 
titles I and II for a fiscal year to carry out any 1 activity described 
in subsection (a).

SEC. 503. FEDERAL ROLE.

    (a) Supplement Not Supplant.--Funds made available under this Act 
shall be used to supplement and not supplant other Federal, State and 
local expenditures for education.
    (b) Civil Rights.--Nothing in this Act shall be construed to modify 
any Federal law governing discrimination in the provision of Federal 
benefits on the basis of race, color, religion, sex, national origin, 
age or disability.
    (c) Key Definitions.--Not later than 12 months after the date of 
enactment of this Act the Commissioner of Education Statistics, in 
consultation with leading State and local educators, policymakers, and 
representatives of the general public, shall develop key definitions 
for terms and uniform and comparable reporting methods related to core 
indicators of State education performance. Such indicators shall focus 
on a limited set of critical student-level educational results and 
related measures that are closely associated with such results, 
including indicators of student achievement, graduation or dropout 
rates, measures of teacher qualifications and preparation, and student 
course-taking patterns. Data may come from State administrative record 
systems or from State representative surveys administered by the 
National Center for Education Statistics, such as the National 
Assessment of Educational Progress.
    (d) Awards.--The Commissioner of Education Statistics is authorized 
to make awards through the National Cooperative Educational Statistics 
System to assist States in developing uniform and comparable measures 
for identified core indicators of State education performance.
    (e) Report.--Not later than 24 months after the date of enactment 
of this Act and every 2 years thereafter, the Commissioner of Education 
Statistics shall produce a report for Congress and the American people 
regarding the core indicators of State education performance. The 
report shall include data from each State providing uniform and 
comparable data to the National Center for Education Statistics on the 
identified measures and results.
    (f) Technical Assistance.--The Commissioner of Education Statistics 
shall provide technical assistance to States in developing 
accountability systems relating to the academic performance goals that 
States establish under this Act. The technical assistance shall include 
electronic information dissemination through the World Wide Web, 
publications, and consultations with State and local education 
officials who are charged with designing and maintaining such systems. 
The technical assistance shall be provided in such areas as the 
selection of appropriate testing and other measures consistent with 
specified State goals, the development of data collection instruments, 
ensuring the validity, reliability, and comparability of data, and 
assisting States in ensuring that their system for making bonus 
payments under title IV is technically sound.
    (g) Personnel Support.--The Secretary shall work with the 
Commissioner of Education Statistics to provide any necessary personnel 
support to the National Center for Education Statistics for the purpose 
of carrying out this section.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Center for Education Statistics 
$18,000,000 for fiscal year 2000, and such sums as may be necessary for 
each succeeding fiscal year, to carry out this section.
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