[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1465 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1465

          To provide for safe schools, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 1999

 Mrs. Lincoln introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
          To provide for safe schools, 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 ``Safe Schools Act of 1999''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Elementary and secondary school children are being 
        subjected to unprecedented social stresses, including 
        fragmentation of the family, drug and alcohol abuse, child 
        abuse, poverty, and violence. An increasing number of 
        elementary school children are exhibiting symptoms of distress, 
        such as substance abuse, emotional disorders, academic 
        underachievement, disruptive behavior, juvenile delinquency, 
        and suicide. Experts agree that intervention at an early age is 
        the most beneficial.
            (2) The national average student-to-counselor ratio in 
        secondary schools is 513 to 1, which is more than double the 
        250 to 1 student-to-counselor ratio recommended by the American 
        School Health Association. The situation is even more acute in 
        elementary schools where the ratio of students-to-counselor 
        exceeds 1,000 to 1.
            (3) Youth violence is a serious problem in our Nation's 
        communities.
            (4) Youth crime peaks between 3 p.m. and 7 p.m., however, 
        millions of children and youth are home alone after school 
        every day. Many communities lack adequate after-school 
        activities.
            (5) After-school and summer school programs have proven 
        effective in addressing academic and social problems among 
        youth.
            (6) Community organizations have been successful in 
        providing one-on-one academic and mentoring programs for 
        children, indicating that it is beneficial for schools to 
        partner with existing organizations and programs, such as 
        Parents as Teachers, RSVP, Foster Grandparents, 4-H Clubs, Save 
        the Children, and AmeriCorps.
            (7) Fear of school-related violence keeps at least 5 
        percent of secondary school students home at least once a 
        month.
            (8) Although incidents of gun violence are few, children 
        too often bring guns to school.
            (9) The National School Boards Association estimates that 
        more than 135,000 guns are brought into United States schools 
        each day.
            (10) Some 6,093 students were expelled during the 1996-1997 
        academic school year for bringing firearms or explosives to 
        school.
            (11) If all students are to live healthy lives and achieve 
        high academic success, every school should be free of 
        unauthorized weapons and firearms.
            (12) Reports on school safety, including the safety of 
        school facilities, incidents of school violence, policies for 
        students who bring weapons to school, mental health services 
        available to students, and the number of instances in which a 
        student was determined to have brought a firearm to school 
        under the State law described in the Gun-Free Schools Act of 
        1994 (20 U.S.C. 8921 et seq.), would be helpful to parents and 
        the community.
            (13) According to the report ``Quality Counts 99'', by 
        Education Week, 36 States require the publishing of annual 
        report cards regarding individual schools, but the contents of 
        the report cards vary widely.
            (14) Very few parents have actually seen a report card 
        regarding their neighborhood school.

SEC. 3. PURPOSE.

    The purpose of this Act is--
            (1) to reduce violent acts committed at school by students 
        by offering additional mental health resources to students and 
        teachers;
            (2) to improve the academic and social outcomes for 
        students through after-school and summer mentoring programs; 
        and
            (3) to provide parents and communities with a better 
        understanding of the quality of schools by providing them with 
        access to school report cards issued by the State for each 
        elementary school and secondary school in the State.

SEC. 4. GOALS.

    The goals of this Act are as follows:
            (1) To help reduce the risk of academic, social, and 
        emotional problems among elementary school and secondary school 
        children by stimulating the development of elementary school 
        and secondary school counseling programs.
            (2) To enhance the availability and quality of counseling 
        services for elementary school and secondary school children by 
        providing grants to local educational agencies to enable such 
        agencies to establish effective and innovative elementary 
        school and secondary school counseling programs.
            (3) To encourage a team approach of counselors working with 
        students and their parents.

SEC. 5. DEFINITIONS.

    (a) In General.--The terms used in this Act have the meanings given 
the terms in section 14101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 8801).
    (b) Mental Health Professional.--In this Act the term ``mental 
health professional'' includes a school counselor, school social 
worker, and a school psychologist.

SEC. 6. MENTAL HEALTH PROGRAMS.

    (a) Grants Authorized.--
            (1) In general.--The Secretary may award grants to States 
        from allotments under paragraph (3) to enable the States to 
        award grants, on a competitive basis, to local educational 
        agencies to enable the local educational agencies to carry out 
        the authorized activities described in subsection (b).
            (2) Reservations.--From the amount made available under 
        subsection (d) to carry out this section for each fiscal year, 
        the Secretary--
                    (A) shall reserve 1 percent of such amount for 
                grants under this section to Guam, American Samoa, the 
                United States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination of their 
                respective needs; and
                    (B) shall reserve 1 percent of such amount for the 
                Secretary of the Interior to carry out the program 
                under this section for Indian youth.
            (3) State allotments.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary, for each fiscal year, shall 
                allocate among the States--
                            (i) one-half of the remainder not reserved 
                        under paragraph (2) according to the ratio 
                        between the school-aged population of each 
                        State and the school-aged population of all the 
                        States; and
                            (ii) one-half of such remainder according 
                        to the ratio between the amount each State 
received under part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding year 
and the sum of such amounts received by all the States.
                    (B) Minimum.--For any fiscal year, no State shall 
                be allotted under this paragraph an amount that is less 
                than one-half of 1 percent of the total amount allotted 
                to all the States under this paragraph.
                    (C) Definitions.--For the purpose of this 
                paragraph--
                            (i) the term ``State'' means each of the 50 
                        States, the District of Columbia, and the 
                        Commonwealth of Puerto Rico; and
                            (ii) the term ``local educational agency'' 
                        includes educational service agencies and 
                        consortia of such agencies.
    (b) Authorized Activities.--Grants under subsection (a) may be 
used--
            (1) to hire mental health professionals to reduce the 
        student-to-counselor ratio at the elementary schools and 
        secondary schools served by the local educational agency; and
            (2) to purchase the counseling services of mental health 
        professionals in the community on a consultant basis.
    (c) Applications.--Each local educational agency desiring a grant 
under this section shall submit an application to the State at such 
time, in such manner, and accompanied by such information as the State 
may require.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for each of the 
fiscal years 2000 through 2004, of which $60,000,000 shall be available 
for elementary school mental health programs and $40,000,000 shall be 
available for secondary school mental health programs.

SEC. 7. MENTORING PROGRAMS.

    (a) Grants to States.--
            (1) In general.--The Secretary may award grants to States 
        from allotments under paragraph (3) to enable the States to 
        award grants, on a competitive basis, to local educational 
        agencies to enable the local educational agencies to carry out 
        the authorized activities described in subsection (b).
            (2) Reservations.--From the amount made available under 
        subsection (d) to carry out this section for each fiscal year, 
        the Secretary--
                    (A) shall reserve 1 percent of such amount for 
                grants under this section to Guam, American Samoa, the 
                United States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination of their 
                respective needs; and
                    (B) shall reserve 1 percent of such amount for the 
                Secretary of the Interior to carry out the program 
                under this section for Indian youth.
            (3) State allotments.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary, for each fiscal year, shall 
                allocate among the States--
                            (i) one-half of the remainder not reserved 
                        under paragraph (2) according to the ratio 
                        between the school-aged population of each 
                        State and the school-aged population of all the 
                        States; and
                            (ii) one-half of such remainder according 
                        to the ratio between the amount each State 
                        received under part A of title I of the 
                        Elementary and Secondary Education Act of 1965 
                        for the preceding year and the sum of such 
                        amounts received by all the States.
                    (B) Minimum.--For any fiscal year, no State shall 
                be allotted under this paragraph an amount that is less 
                than one-half of 1 percent of the total amount allotted 
                to all the States under this paragraph.
                    (C) Definitions.--For the purpose of this 
                paragraph--
                            (i) the term ``State'' means each of the 50 
                        States, the District of Columbia, and the 
                        Commonwealth of Puerto Rico; and
                            (ii) the term ``local educational agency'' 
                        includes educational service agencies and 
                        consortia of such agencies.
    (b) Authorized Activities.--Each local educational agency receiving 
a grant under subsection (a)--
            (1) shall use the grant funds to carry out after-school and 
        summer mentoring programs, for elementary school students in 
        public elementary school or secondary school buildings, that--
                    (A) shall provide continued academic learning 
                opportunities; and
                    (B) may provide services that address the health, 
                social service, cultural and recreational needs of the 
                students;
            (2) may use the grant funds to utilize secondary school 
        students to work with elementary school students, parents, or 
        older volunteers; and
            (3) shall coordinate activities assisted under this section 
        with activities--
                    (A) assisted under a national or community service 
                program under subtitle C of title I of the National and 
                Community Service Act of 1990 (42 U.S.C. 12571 et 
                seq.), the Foster Grandparent Program carried out under 
                part B of title II of the Domestic Volunteer Service 
                Act of 1973 (42 U.S.C. 5011), and the Retired and 
                Senior Volunteer Program carried out under part A of 
                title II of the Domestic Volunteer Service Act of 1973 
                (42 U.S.C. 5001); and
                    (B) carried out by organizations and programs such 
                as Parents as Teachers, 4-H Clubs, and Save the 
                Children.
    (c) Application.--Each local educational agency desiring a grant 
under this section shall submit an application to the State at such 
time, in such manner, and accompanied by such information as the State 
may require.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for each of the 
fiscal years 2000 through 2004.

SEC. 8. REPORT CARDS.

    (a) State Report Cards.--Each State educational agency receiving 
assistance under the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) shall produce and widely disseminate an annual 
report card for parents, the general public, teachers and the 
Secretary, in easily understandable language, with respect to 
elementary and secondary education in the State. The report card shall 
contain information regarding--
            (1) student performance in any subject areas in which the 
        State requires assessments, including comparisons with students 
        from different school districts within the State, and, to the 
        extent possible, comparisons with students throughout the 
        Nation;
            (2) attendance and graduation rates;
            (3) professional qualifications of teachers in the State, 
        the number of teachers teaching out of field, and the number of 
        teachers with emergency certification;
            (4) average class size in the State;
            (5) school safety, including the safety of school 
        facilities, incidents of school violence, the number of 
        instances in which a student was determined to have brought a 
        weapon to school under the State law described in the Gun-Free 
        Schools Act of 1994, and school policies for students who 
        violate school safety requirements;
            (6) to the extent practicable, parental involvement, as 
        measured by the extent of parental participation in school 
        parental involvement policies described in section 1118(b) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6319(b));
            (7) the annual school dropout rate, as calculated by 
        procedures conforming with the National Center for Education 
        Statistics Common Core of Data;
            (8) student access to technology, including the number of 
        computers for educational purposes, the number of computers per 
        classroom, and the number of computers connected to the 
        Internet;
            (9) the quality of school buildings in the State, 
        renovations needed at the school buildings, and the quality of 
        heating and cooling systems at the schools;
            (10) mental health services available to students in need 
        of service;
            (11) extracurricular activities available to students, 
        including after-school and summer programs;
            (12) community support, such as scholarships, sponsorship 
        of school events, and publicity of and involvement in 
        extracurricular activities; and
            (13) other indicators of school performance and quality.
    (b) School Report Cards.--Each school receiving assistance under 
the Elementary and Secondary Education Act of 1965, or the local 
educational agency serving that school, shall produce and widely 
disseminate an annual report card for parents, the general public, 
teachers and the State educational agency, in easily understandable 
language, with respect to elementary or secondary education, as 
appropriate, in the school. The report card shall contain information 
regarding--
            (1) student performance in the school in any subject areas 
        in which the State requires assessments, including comparisons 
        with other students within the school district, in the State, 
        and, to the extent possible, in the Nation;
            (2) attendance and graduation rates;
            (3) professional qualifications of the school's teachers, 
        the number of teachers teaching out of field, and the number of 
        teachers with emergency certification;
            (4) average class size in the school;
            (5) school safety, including the safety of the school 
        facility, incidents of school violence, the number of instances 
        in which a student was determined to have brought a weapon to 
        school under the State law described in the Gun-Free Schools 
        Act of 1994, and school policies for students who violate 
        school safety requirements;
            (6) parental involvement, as measured by the extent of 
        parental participation in school parental involvement policies 
        described in section 1118(b) of the Elementary and Secondary 
        Education Act of 1965;
            (7) the annual school dropout rate, as calculated by 
        procedures conforming with the National Center for Education 
        Statistics Common Core of Data;
            (8) student access to technology, including the number of 
        computers for educational purposes, the number of computers per 
        classroom, and the number of computers connected to the 
        Internet;
            (9) the quality of the school buildings, renovations needed 
        at the school buildings, and the quality of heating and cooling 
        systems at the school;
            (10) mental health services available to students in need 
        of service;
            (11) extracurricular activities available to students, 
        including after-school and summer programs;
            (12) community support, such as scholarships, sponsorship 
        of school events, and publicity of and involvement in 
        extracurricular activities; and
            (13) other indicators of school performance and quality.
    (c) Disaggregation of Data.--Each State educational agency or 
school producing an annual report card under this section shall 
disaggregate the student performance data reported under subsection 
(a)(1) or (b)(1), as appropriate, in the same manner as results are 
disaggregated under section 1111(b)(3)(I) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(I)).

SEC. 9. REPORT ON ALTERNATIVE EDUCATION SETTINGS.

    The Secretary of Education shall prepare and submit to Congress a 
report regarding successful alternative education settings used for 
disruptive or violent students in elementary schools and secondary 
schools. The report shall include information related to the training 
of school personnel in the education of violent or disruptive students.

SEC. 10. LOAN FORGIVENESS FOR MENTAL HEALTH PROFESSIONALS.

    (a) Stafford and Direct Loans.--Part B of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting 
after section 428K of such Act (20 U.S.C. 1078-11) the following:

``SEC. 428L. LOAN FORGIVENESS FOR MENTAL HEALTH PROFESSIONALS.

    ``(a) Statement of Purpose.--It is the purpose of this section to 
encourage individuals to enter and continue in the mental health 
professions.
    ``(b) Program Authorized.--
            ``(1) In general.--The Secretary is authorized to carry out 
        a program, through the holder of the loan, of assuming the 
        obligation to repay a qualified loan amount for a loan made, 
        insured or guaranteed under section 428 or 428H, or a 
        comparable loan under part D, in accordance with subsection 
        (c), for any new borrower on or after October 1, 1999, who--
                    ``(A) has been employed as a full-time mental 
                health professional in a school that qualifies under 
                section 465(a)(2)(A) for loan cancellation for Perkins 
                loan recipients who teach in such schools; and
                    ``(B) is not in default on a loan for which the 
                borrower seeks forgiveness.
            ``(2) Treatment of consolidation loans.--A loan amount for 
        a loan made under section 428C may be a qualified loan amount 
        for the purposes of this subsection only to the extent that 
        such loan amount was used to repay a loan made under section 
        428 or 428H, or a comparable loan under part D, for a borrower 
        who meets the requirements of subsection (b), as determined in 
        accordance with regulations prescribed by the Secretary.
    ``(c) Qualified Loans Amount.--
            ``(1) In general.--The Secretary shall repay not more than 
        $4,000 in the aggregate of the loan obligation on a loan made, 
        insured, or guaranteed under section 428 or 428H, or a 
        comparable loan under part D, that is outstanding for each of 
        not more than 5 years of service described in subsection 
        (b)(1)(A).
    ``(d) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out this section.
    ``(e) Construction.--Nothing in this section shall be construed to 
authorize any refunding of any repayment of a loan.
    ``(f) List.--If the list of schools in which a mental health 
professional may perform service pursuant to subsection (b)(1)(A) is 
not available before May 1 of any year, the Secretary may use the list 
for the year preceding the year for which the determination is made to 
make such service determination.
    ``(g) Additional Eligibility Provisions.--
            ``(1) Continued eligibility.--Any mental health 
        professional who performs service in a school that--
                    ``(A) meets the requirements of subsection 
                (b)(1)(A) in any year during such service; and
                    ``(B) in a subsequent year fails to meet the 
                requirements of such subsection,
        may continue to work in such school and shall be eligible for 
        loan forgiveness pursuant to subsection (b).
            ``(2) Prevention of double benefits.--No borrower may, for 
        the same service, receive a benefit under both this subsection 
        and subtitle D of title I of the National and Community Service 
        Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive 
        a reduction of loan obligations under both this section and 
        section 465.
    ``(h) Publication.--The Secretary shall publicize widely the 
availability of loan forgiveness under this section.
    ``(i) Definition.--In this section--
            ``(1) the term `mental health professional' has the meaning 
        given the term in section 5(b) of the Safe Schools Act of 1999; 
        and
            ``(2) the term `year', where applied to service as a mental 
        health professional, means an academic year as defined by the 
        Secretary.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2000 through 2004.''.
    (b) Perkins Loans.--Section 465(a)(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1087ee(a)(2)) is amended--
            (1) in subparagraph (H), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (I), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(J) as a full-time mental health professional as 
                defined in section 5(b) of the Safe Schools Act of 
                1999.''.
                                 <all>