[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1479 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1479

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 SENATE OF THE UNITED STATES

                             August 3, 1999

   Mr. Gregg (for himself, Mr. Lott, Ms. Collins, Mr. Brownback, Mr. 
  Hagel, Mr. Coverdell, Mr. Gorton, Mr. Voinovich, Mr. Mack, and Mr. 
   Sessions) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 2014, submits to the Secretary and obtains approval of 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.--
                    ``(A) In general.--From the total amount made 
                available to carry out this subpart for any fiscal 
                year, the Secretary shall reserve--
                            ``(i) \1/2\ of 1 percent for allotments for 
                        the United States Virgin Islands, Guam, 
                        American Samoa, and the Commonwealth of the 
                        Northern Mariana Islands, to be distributed 
                        among those outlying areas on the basis of 
                        their relative need, as determined by the 
                        Secretary in accordance with the purpose of 
                        this part; and
                            ``(ii) \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.
                    ``(B) Limitation.--In reserving an amount for the 
                purposes described in clauses (i) and (ii) of 
                subparagraph (A) for a fiscal year, the Secretary shall 
                not reserve more than the total amount the outlying 
                areas and the schools operated or funded by the Bureau 
                of Indian Affairs received under the authorities 
                described in paragraph (2)(A)(i) for fiscal year 1999.
            ``(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 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 (20 U.S.C. 
                                5884(b)).
                            ``(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 to each of those 
                        States the sum of--
                                    ``(I) an amount that bears the same 
                                relationship to 50 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 in the 
                                State, as determined by the Secretary 
                                on the basis of the most recent 
                                satisfactory data, bears to the number 
                                of those individuals in all such 
                                States, as so determined; and
                                    ``(II) an amount that bears the 
                                same relationship to 50 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 from 
                                families with incomes below the poverty 
                                line in the State, as determined by the 
                                Secretary on the basis of the most 
                                recent satisfactory data, bears to the 
                                number of those individuals in all such 
                                States, as so determined.
                            ``(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) for a fiscal 
                        year.
            ``(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. ALLOCATIONS WITHIN STATES.

    ``(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 not less than 90 percent of the amount of the funds 
        provided under the grant for the purpose of making subgrants to 
        local educational agencies and eligible partnerships (as 
        defined in section 2021(d)), in accordance with subsection (c).
            ``(2) Authorized expenditures.--A State that receives a 
        grant under this subpart may expend a portion equal to not more 
        than 10 percent of the amount of the funds provided under the 
        grant for 1 or more of the authorized State activities 
        described in section 2013 or to make grants to eligible 
        partnerships to enable the partnerships to carry out subpart 2 
        (but not more than 5 percent of such portion may be used for 
        planning and administration related to carrying out such 
        purpose).
    ``(c) Distribution of Subgrants to Local Educational Agencies and 
Eligible Partnerships.--
            ``(1) Allocations to local educational agencies.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                State receiving a grant under this subpart shall 
                distribute a portion equal to 80 percent of the amount 
                described in subsection (b)(1) by allocating to each 
                eligible local educational agency the sum of--
                            ``(i) an amount that bears the same 
                        relationship to 50 percent of the portion as 
                        the number of individuals enrolled in public 
                        and private nonprofit elementary schools and 
                        secondary schools in the geographic area served 
                        by the agency bears to the number of those 
                        individuals in the geographic areas served by 
                        all the local educational agencies in the 
                        State; and
                            ``(ii) an amount that bears the same 
                        relationship to 50 percent of the portion as 
                        the number of individuals age 5 through 17 from 
                        families with incomes below the poverty line, 
                        in the geographic area served by the agency, as 
                        determined by the Secretary on the basis of the 
                        most recent satisfactory data, bears to the 
                        number of those individuals in the geographic 
                        areas served by all the local educational 
                        agencies in the State, as so determined.
                    ``(B) Alternative formula.--A State may increase 
                the percentage described in subparagraph (A)(ii) (and 
                commensurately decrease the percentage described in 
                subparagraph (A)(i)).
                    ``(C) Use of funds.--The State shall make subgrants 
                to local educational agencies from allocations made 
                under this paragraph to enable the agencies to carry 
                out subpart 3.
            ``(2) Competitive subgrants to local educational agencies 
        and eligible partnerships.--
                    ``(A) Competitive process.--A State receiving a 
                grant under this subpart shall distribute a portion 
                equal to 20 percent of the amount described in 
                subsection (b)(1) through a competitive process.
                    ``(B) Participants.--The competitive process 
                carried out under subparagraph (A) shall be open to 
                local educational agencies and eligible partnerships 
                (as defined in section 2021(d)). In carrying out the 
                process, the State shall give priority to high-need 
                local educational agencies that focus on math, science, 
                or reading professional development programs.
                    ``(C) Subgrants to eligible partnerships.--A State 
                receiving a grant under this subpart shall distribute 
                at least 3 percent of the portion described in 
                subparagraph (A) to the eligible partnerships through 
                the competitive process.
                    ``(D) Use of funds.--In distributing funds under 
                this paragraph, the State shall make subgrants--
                            ``(i) to local educational agencies to 
                        enable the agencies to carry out subpart 3; and
                            ``(ii) to the eligible partnerships to 
                        enable the partnerships to carry out subpart 2 
(but not more than 5 percent of the funds made available to the 
eligible partnerships through the subgrants may be used for planning 
and administration related to carrying out such purpose).

``SEC. 2013. STATE USE OF FUNDS.

    ``(a) Authorized State Activities.--The authorized State activities 
referred to in section 2012(b)(2) are the following:
            ``(1) Reforming teacher certification (including 
        recertification) or licensure requirements to ensure that--
                    ``(A) teachers have the necessary teaching skills 
                and academic content knowledge in the academic subjects 
                in which the teachers are assigned to teach;
                    ``(B) the requirements 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, such as mentoring programs; 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 remove expeditiously 
        incompetent and ineffective teachers from the classroom.
            ``(5) Developing or improving systems of performance 
        measures to evaluate the effectiveness of professional 
        development programs and activities in improving teacher 
        quality, skills, and content knowledge, and increasing student 
        achievement.
            ``(6) Developing or improving systems to evaluate the 
        impact of teachers on student achievement.
            ``(7) Providing technical assistance to local educational 
        agencies consistent with this part.
            ``(8) 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.
            ``(9) 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 and activities 
that are both cost-effective and easily accessible, such as through the 
use of technology and distance learning.
    ``(b) Coordination.--A State that receives a grant to carry out 
this subpart and a grant under section 202 of the Higher Education Act 
of 1965 (20 U.S.C. 1022) shall coordinate the activities carried out 
under this section and the activities carried out under that section 
202.
    ``(c) 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 information on the State's progress with respect 
                to--
                            ``(i) subject to paragraph (2), improving 
                        student academic achievement, as defined by the 
                        State;
                            ``(ii) closing academic achievement gaps, 
                        as defined by the State, between groups 
                        described in paragraph (2)(A)(i); and
                            ``(iii) increasing the percentage of 
                        classes in core academic subjects that are 
                        taught by highly qualified teachers; or
                    ``(B) in the event the State provides no such 
                report card, shall publicly report the information 
                described in subparagraph (A) through other means.
            ``(2) Disaggregated data.--The information described in 
        clauses (i) and (ii) of paragraph (1)(A) and clauses (i) and 
        (ii) of section 2014(b)(2)(A) shall be--
                    ``(A) disaggregated--
                            ``(i) by minority and non-minority group 
                        and by low-income and non-low-income group; and
                            ``(ii) using assessments under section 
                        1111(b)(3); and
                    ``(B) publicly reported in the form of 
                disaggregated data only when such data are 
                statistically sound.
            ``(3) 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. 2014. 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 submitted under this section 
shall include the following:
            ``(1) A description of how the State will ensure that a 
        local educational agency receiving a subgrant to carry out 
        subpart 3 will comply with the requirements of such subpart.
            ``(2)(A) A description of the performance indicators that 
        the State will use to measure the annual progress of the local 
        educational agencies and schools in the State with respect to--
                    ``(i) subject to section 2013(c)(2), improving 
                student academic achievement, as defined by the State;
                    ``(ii) closing academic achievement gaps, as 
                defined by the State, between groups described in 
                section 2013(c)(2)(A)(i); and
                    ``(iii) increasing the percentage of classes in 
                core academic subjects that are taught by highly 
                qualified teachers.
            ``(B) An assurance that the State will require each local 
        educational agency and school in the State receiving funds 
        under this part to publicly report information on the agency's 
        or school's annual progress, as measured by the performance 
        indicators.
            ``(3) A description of how the State will hold the local 
        educational agencies and schools accountable for making annual 
        gains toward meeting the performance indicators described in 
        paragraph (2).
            ``(4)(A) 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 (20 U.S.C. 1400 et seq.) and the Carl D. Perkins Vocational 
        and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
            ``(B) A description of the comprehensive strategy that the 
        State will use as part of the effort to carry out the 
        coordination, to ensure that teachers are trained in the 
        utilization of technology so that technology and technology 
        applications are effectively used in the classroom to improve 
        teaching and learning in all curriculum areas and academic 
        subjects, 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(c)(2)(C), the State agency for higher education, working in 
conjunction with the State educational agency (if such agencies are 
separate), shall award subgrants on a competitive basis under section 
2012(c) to eligible partnerships to enable such partnerships to carry 
out activities described in subsection (b). Such subgrants shall be 
equitably distributed by geographic area within the State.
    ``(b) Use of Funds.--An eligible partnership that receives funds 
under section 2012 shall use the funds for--
            ``(1) professional development activities in core academic 
        subjects to ensure that teachers have content knowledge in the 
        academic subjects that the teachers teach; and
            ``(2) developing and providing assistance to local 
        educational agencies and the teachers, principals, and 
        administrators of public and private schools served by each 
        such agency, for sustained, high-quality professional 
        development activities that--
                    ``(A) ensure the agencies and individuals 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 a school to provide 
                such instruction to other teachers within such school.
    ``(c) Special Rule.--No single participant in an eligible 
partnership may use more than 50 percent of the funds made available to 
the partnership under section 2012.
    ``(d) Coordination.--An eligible partnership that receives a grant 
to carry out this subpart and a grant under section 203 of the Higher 
Education Act of 1965 (20 U.S.C. 1023) shall coordinate the activities 
carried out under this section and the activities carried out under 
that section 203.
    ``(e) Eligible Partnership.--In this section, the term `eligible 
partnership' 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 school or 
        secondary school, an educational service agency, a public or 
        private nonprofit educational organization, or a business.

          ``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 to carry out this subpart shall use the 
        subgrant to carry out the activities described in this 
        subsection.
            ``(2) Required professional development activities.--
                    ``(A) Mathematics and science.--
                            ``(i) In general.--Each local educational 
                        agency that receives a subgrant to carry out 
                        this subpart shall use a portion of the funds 
                        made available through the subgrant for 
                        professional development activities in 
                        mathematics and science in accordance with 
                        section 2032.
                            ``(ii) Grandfather of old waivers.--A 
                        waiver provided to a local educational agency 
                        under part D of title XIV prior to the date of 
                        enactment of the Teacher Empowerment Act shall 
                        be deemed to be in effect until such time as 
                        the waiver otherwise would have ceased to be 
                        effective.
                    ``(B) Professional development activities.--Each 
                local educational agency that receives a subgrant to 
                carry out this subpart shall use a portion of the funds 
                made available through the subgrant 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 
                section 2032.
    ``(b) Allowable Activities.--Each local educational agency that 
receives a subgrant to carry out this subpart may use the funds made 
available through the subgrant to carry out the following activities:
            ``(1) Recruiting and hiring certified or licensed teachers, 
        including teachers certified through State and local 
        alternative routes, in order to reduce class size, or hiring 
        special education teachers.
            ``(2) Initiatives to assist in recruitment of highly 
        qualified teachers who will be assigned teaching positions 
        within their fields, including--
                    ``(A) providing signing bonuses or other financial 
                incentives, such as differential pay, for teachers to 
                teach in academic subjects in which there exists a 
                shortage of such teachers within a school or the area 
                served by 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 of teachers, such as identifying 
                teachers certified through alternative routes, and by 
                implementing a system of intensive screening designed 
                to hire the most qualified applicants.
            ``(3) Initiatives to promote retention of highly qualified 
        teachers and principals, including--
                    ``(A) programs that provide mentoring to newly 
                hired teachers, such as mentoring from master teachers, 
                and to newly hired principals; and
                    ``(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.
            ``(4) 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 2032;
                    ``(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) 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 children who are gifted and talented); and
                    ``(D) 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 (C) to learn.
            ``(5) Programs and activities related to--
                    ``(A) tenure reform;
                    ``(B) provision of merit pay; and
                    ``(C) testing of elementary school and secondary 
                school teachers in the academic subjects taught by such 
                teachers.
            ``(6) Activities that provide teacher opportunity payments, 
        consistent with section 2033.

``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

    ``(a) Limitation Relating to Curriculum and Academic Subjects.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds made available to carry out this subpart may not be 
        provided for a teacher and a professional development activity 
        if the activity is not--
                    ``(A) directly related to the curriculum and 
                academic subjects in which the teacher provides 
                instruction; or
                    ``(B) designed to enhance the ability of the 
                teacher to understand and use State standards for the 
                academic subjects in which the teacher provides 
                instruction.
            ``(2) Exception.--Paragraph (1) shall not be construed to 
        prohibit the use of the funds for professional development 
        activities that provide instruction described in subparagraphs 
        (C) and (D) of section 2031(b)(4).
    ``(b) Other Requirements.--Professional development activities 
provided under this subpart--
            ``(1) shall be measured, in terms of progress, using the 
        specific performance indicators established by the State 
        involved in accordance with section 2014(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 the activities in increasing 
        student achievement or substantially increasing the knowledge 
        and teaching skills of the teachers participating in the 
        activities;
            ``(4) shall be of sufficient intensity and duration to have 
        a positive and lasting impact on the performance of a teacher 
        in the classroom (which shall not include 1-day or short-term 
        workshops and conferences), except that this paragraph shall 
        not apply to an activity if such activity is 1 component 
        described in a long-term comprehensive professional development 
        plan established by the teacher and the teacher's supervisor 
        based upon an assessment of the needs of the teacher, the 
        students of the teacher, and the local educational agency 
        involved; and
            ``(5) shall be developed with extensive participation of 
        teachers, principals, and administrators of schools to be 
        served under this part.
    ``(c) Accountability and Required Payments.--
            ``(1) In general.--A State shall notify a local educational 
        agency that the agency may be subject to the requirement of 
        paragraph (3) if, after any fiscal year, the State determines 
        that the professional development activities funded by the 
        agency under this subpart fail to meet the requirements of 
        subsections (a) and (b).
            ``(2) Technical assistance.--A local educational agency 
        that has received notification 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) In general.--A local educational agency that 
                has received notification from the State pursuant to 
                paragraph (1) during any 2 consecutive fiscal years 
                shall expend under section 2033 for the succeeding 
                fiscal year a proportion of the funds made available to 
                the agency to carry out this subpart equal to the 
                proportion of such funds expended by the agency for 
                professional development activities for the second 
                fiscal year in which the agency received the 
                notification.
                    ``(B) Requests.--On request by a group of teachers 
                in schools served by the local educational agency, the 
                agency shall use a portion of the funds provided to the 
                agency to carry out this subpart, to provide payments 
                in accordance with section 2033.
    ``(d) Definition.--In this section, the term `professional 
development activity' means an activity described in subsection (a)(2) 
or (b)(4) of section 2031.

``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

    ``(a) In General.--A local educational agency receiving funds to 
carry out this subpart may (or in the case of section 2032(c)(3), 
shall) provide payments 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.--Each local educational agency 
distributing payments under this section--
            ``(1) shall establish and implement a timely process 
        through which proper notice of availability of the payments 
        will be given to all teachers in schools served by the agency; 
        and
            ``(2) shall develop a process through which teachers will 
        be specifically recommended by principals to participate in 
        such opportunities by virtue of--
                    ``(A) the teachers' lack of full certification or 
                licensing to teach the academic subjects in which the 
                teachers teach; or
                    ``(B) the teachers' 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 payments, or recommended under subsection (b)(2), a local 
educational agency shall establish procedures for selecting teachers 
for the payments, which shall provide priority for those teachers 
recommended under subsection (b)(2).
    ``(d) Eligible Activity.--A teacher receiving a payment under this 
section shall have the choice of attending any professional development 
activity that meets the criteria set forth in subsections (a) and (b) 
of section 2032.

``SEC. 2034. LOCAL APPLICATIONS.

    ``(a) In General.--A local educational agency seeking to receive a 
subgrant from a State to carry out this subpart shall submit an 
application to the State--
            ``(1) at such time as the State shall require; and
            ``(2) that is coordinated with other programs carried out 
        under this Act (other than programs carried out under this 
        subpart).
    ``(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 to carry out this subpart.
            ``(2) An assurance that the local educational agency will 
        target funds to schools served by the local educational agency 
        that--
                    ``(A) have the lowest proportions of highly 
                qualified teachers; or
                    ``(B) 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 (20 U.S.C. 1400 et seq.) and 
        the Carl D. Perkins Vocational and Technical Education Act of 
        1998 (20 U.S.C. 2301 et seq.).
            ``(4) A description of how the local educational agency 
        will integrate funds received to carry out 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.
            ``(5) A description of how the local educational agency has 
        collaborated with teachers, principals, parents, and 
        administrators in the preparation of the application.
    ``(c) Parents' Right-To-Know.--A local educational agency that 
receives funds to carry out 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 from the 
agency, information regarding the professional qualifications of the 
student's classroom teachers, including, at a minimum, whether the 
teachers are highly qualified.

                    ``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 school 
                or secondary school facility, that carries out--
                            ``(i) the activities promoting alternative 
                        routes to State teacher certification specified 
                        in subparagraph (B); or
                            ``(ii) the model professional development 
                        activities specified in subparagraph (C).
                    ``(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 
                        course of study and alternative certification 
                        activities established by the eligible 
                        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) the development of innovative 
                        techniques for evaluating the effectiveness of 
                        professional development programs.
            ``(3) Grant for special consortium.--In making grants under 
        this subsection, the Secretary shall award not less than 1 
        grant to an eligible consortium that--
                    ``(A) includes a high-need local educational agency 
                located in a rural area; and
                    ``(B) proposes activities that involve 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 use 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 or licensing 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 
                schools or secondary schools, educational service 
                agencies, public or private nonprofit educational 
                organizations, museums, or businesses.
    ``(b) Troops-to-Teachers Program.--
            ``(1) Purpose.--The purpose of this subsection is to 
        authorize a mechanism for the funding and administration after 
        September 30, 2000, of the Troops-to-Teachers Program 
        established by the Troops-to-Teachers Program Act of 1999 
        (subtitle I of title V of the National Defense Authorization 
        Act for Fiscal Year 2000).
            ``(2) Transfer of funds for administration of program.--
        Subject to paragraph (3), to the extent that funds are made 
        available under this Act for the Troops-to-Teachers Program, 
        the Secretary of Education shall transfer the funds to the 
        Defense Activity for Non-Traditional Education Support of the 
        Department of Defense. The Defense Activity shall use the funds 
        to perform the actual administration of the Troops-to-Teachers 
        Program, including the selection of participants in the Program 
        under section 594 of the Troops-to-Teachers Program Act of 
        1999. The Secretary of Education may retain a portion of the 
        funds to identify local educational agencies with teacher 
        shortages and States with alternative certification 
        requirements, as required by section 592 of such Act.
            ``(3) Defense and coast guard contribution.--The Secretary 
        of Education may not transfer funds under paragraph (2) unless 
        the Secretary of Defense, and the Secretary of Transportation 
        with respect to the Coast Guard, agree to pay for not less than 
        25 percent of the costs associated with the activities 
        conducted under the Troops-to-Teachers Program. The 
        contributions may be in cash or in kind, fairly evaluated, 
        including plant, equipment, and services, and may be from 
        private contributions made for purposes of the 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 an entity to 
continue the Eisenhower National Clearinghouse for Mathematics and 
Science Education.

                          ``Subpart 5--Funding

``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Fiscal Year 2000.--There are authorized to be appropriated to 
carry out this part $2,060,000,000 for fiscal year 2000, of which 
$15,000,000 shall be available to carry out subpart 4.
    ``(b) Other Fiscal Years.--There are authorized to be appropriated 
to carry out this part such sums as may be necessary for fiscal years 
2001 through 2004.

                    ``Subpart 6--General Provisions

``SEC. 2061. DEFINITIONS.

    ``In this part:
            ``(1) Arts and sciences.--The term `arts and sciences' has 
        the meaning given the term in section 201(b) of the Higher 
        Education Act of 1965 (20 U.S.C. 1021(b)).
            ``(2) Highly qualified.--The term `highly qualified' 
        means--
                    ``(A) with respect to an elementary school teacher, 
                a teacher--
                            ``(i) with an academic major in the arts 
                        and sciences; or
                            ``(ii) who can demonstrate competence 
                        through a high level of performance in core 
                        academic subjects; and
                    ``(B) with respect to a secondary school teacher, a 
                teacher--
                            ``(i) with an academic major in the 
                        academic subject in which the teacher teaches 
                        or in a related field;
                            ``(ii) who can demonstrate a high level of 
                        competence through rigorous academic subject 
                        tests; or
                            ``(iii) who can demonstrate competence 
                        through a high level of performance in relevant 
                        content areas.
            ``(3) 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;
                    ``(B) a high percentage of secondary school 
                teachers not teaching in the academic subject in which 
                the teachers were trained to teach; or
                    ``(C) a high teacher turnover rate.
            ``(4) Out-of-field teacher.--The term `out-of-field 
        teacher' means a teacher--
                    ``(A) teaching an academic subject for which the 
                teacher is not highly qualified, as determined by the 
                State involved; or
                    ``(B) who did not receive a degree from an 
                institution of higher education with a major or minor 
                in the field in which the teacher teaches.
            ``(5) Poverty line.--The term `poverty line' means 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.
            ``(6) 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) includes 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 Amendment.--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 et seq.) 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(a)) is amended by adding at the end the following:
            ``(3) Fiscal years 2001 through 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.''.
            (3) Short title.--Part B of title II of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6661) is amended by 
        adding at the end the following:

``SEC. 2261. SHORT TITLE.

    ``This part may be cited as the `Reading Excellence Act'.''.

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 repealing sections 2401 and 2402 and inserting the 
        following:

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

    ``(a) Prohibition on Mandatory Testing, Certification, or 
Licensing.--Notwithstanding any other provision of law, the Secretary 
may not use Federal funds to plan, develop, implement, or administer 
any mandatory national teacher test or method of certification or 
licensing.
    ``(b) Prohibition on Withholding Funds.--The Secretary may not 
withhold funds from any State or local educational agency if such State 
or local educational agency fails to adopt a specific method of teacher 
certification or licensing.

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

    ``The provisions of sections 14503 through 14506 apply to programs 
carried out 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 a home school is treated as 
a private school or home school under the law of the State involved, 
except that the Secretary may require that funds provided to a school 
under this title be used for the purposes described in this title. This 
section shall not be construed to bar private, religious, or home 
schools from participating in or receiving programs or services under 
this title.''.
    (b) Conforming Amendments.--
            (1) Coordination.--Section 1202(c)(2)(C) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6362(c)(2)(C)) 
        is amended, in the subparagraph heading, by striking ``part c'' 
        and inserting ``part b''.
            (2) 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)''.
            (3) 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)''.
                                 <all>