[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1677 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1677

     To establish a child centered program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1999

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

_______________________________________________________________________

                                 A BILL


 
     To establish a child centered program, 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. ESTABLISHMENT OF THE CHILD CENTERED PROGRAM.

    Part A of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.) is amended by adding at the end the 
following:

                  ``Subpart 3--Child Centered Program

``SEC. 1131. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible child.--The term `eligible child' means a 
        child who--
                    ``(A) is eligible to be counted under section 
                1124(c); or
                    ``(B)(i) the State or participating local 
                educational agency elects to serve under this subpart; 
                and
                    ``(ii) is a child eligible to be served under this 
                part pursuant to section 1115(b).
            ``(2) Participating local educational agency.--The term 
        `participating local educational agency' means a local 
        educational agency that elects under section 1133(b) to carry 
        out a child centered program under this subpart.
            ``(3) School.--The term `school' means an institutional day 
        or residential school that provides elementary or secondary 
        education, as determined under State law, except that such term 
        does not include any school that provides education beyond 
        grade 12.
            ``(4) Supplemental education services.--The term 
        `supplemental education services' means educational services 
        intended--
                    ``(A) to meet the individual educational needs of 
                eligible children; and
                    ``(B) to enable eligible children to meet 
                challenging State curriculum, content, and student 
                performance standards.
            ``(5) Tutorial assistance providers.--The term `tutorial 
        assistance provider' means a public or private entity that--
                    ``(A) has a record of effectiveness in providing 
                tutorial assistance to school children; or
                    ``(B) uses instructional practices based on 
                scientific research.

``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

    ``(a) Funding.--Notwithstanding any other provision of law, each 
State or participating local educational agency may use the funds made 
available under subparts 1 and 2, and shall use the funds made 
available under subsection (c), to carry out a child centered program 
under this subpart.
    ``(b) Participating Local Educational Agency Election.--
            ``(1) In general.--If a State does not carry out a child 
        centered program under this subpart or does not have an 
        application approved under section 1134 for a fiscal year, a 
        local educational agency in the State may elect to carry out a 
        child centered program under this subpart, and the Secretary 
        shall provide the funds that the local educational agency (with 
        an application approved under section 1134) is eligible to 
        receive under subparts 1 and 2, and subsection (c), directly to 
        the local educational agency to enable the local educational 
        agency to carry out the child centered program.
            ``(2) Submission approval.--In order to be eligible to 
        carry out a child centered program under this subpart a 
        participating local educational agency shall obtain from the 
        State approval of the submission, but not the contents, of the 
        application submitted under section 1134.
    ``(c) Incentive Grants.--
            ``(1) In general.--From amounts appropriated under 
        paragraph (3) for a fiscal year the Secretary shall award 
        grants to each State, or participating local educational agency 
        described in subsection (b), that elects to carry out a child 
        centered program under this subpart and has an application 
        approved under section 1134, to enable the State or 
        participating local educational agency to carry out the child 
        centered program.
            ``(2) Amount.--Each State or participating local 
        educational agency that elects to carry out a child centered 
        program under this subpart and has an application approved 
        under section 1134 for a fiscal year shall receive a grant in 
        an amount that bears the same relation to the amount 
        appropriated under paragraph (3) for the fiscal year as the 
        amount the State or participating local educational agency 
        received under subparts 1 and 2 for the fiscal year bears to 
        the amount all States and participating local educational 
        agencies carrying out a child centered program under this 
        subpart received under subparts 1 and 2 for the fiscal year.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection for fiscal year 2000 and each of the 
        4 succeeding fiscal years.

``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

    ``(a) Uses.--Each State or participating local educational agency 
with an application approved under section 1134 shall use funds made 
available under subparts 1 and 2, and subsection (c), to carry out a 
child centered program under which--
            ``(1) the State or participating local educational agency 
        establishes a per pupil amount based on the number of eligible 
        children in the State or the school district served by the 
participating local educational agency; and
            ``(2) the State or participating local educational agency 
        may vary the per pupil amount to take into account factors that 
        may include--
                    ``(A) variations in the cost of providing 
                supplemental education services in different parts of 
                the State or the school district served by the 
                participating local educational agency;
                    ``(B) the cost of providing services to pupils with 
                different educational needs; or
                    ``(C) the desirability of placing priority on 
                selected grades; and
            ``(3) in the case of a child centered program for eligible 
        children at a public school, the State or the participating 
        local educational agency makes available, not later than 3 
        months after the beginning of the school year, the per pupil 
        amount determined under paragraphs (1) and (2) to the school in 
        which an eligible child is enrolled, which per pupil amount 
        shall be used for supplemental education services for the 
        eligible child that are--
                    ``(A) subject to subparagraph (B), provided by the 
                school directly or through a contract for the provision 
                of supplemental education services with any 
                governmental or nongovernmental agency, school, 
                postsecondary educational institution, or other entity, 
                including a private organization or business; or
                    ``(B) if requested by the parent or legal guardian 
                of an eligible child, purchased from a tutorial 
                assistance provider, another public school, or a 
                private school, selected by the parent or guardian.
    ``(b) Schoolwide Programs.--
            ``(1) In general.--In the case of a public school in which 
        50 percent of the students enrolled in the school are eligible 
        children, the public school may use funds provided under this 
        subpart, in combination with other Federal, State, and local 
        funds, to carry out a schoolwide program to upgrade the entire 
        educational program in the school.
            ``(2) Plan.--If the public school elects to use funds 
        provided under this part in accordance with paragraph (1), and 
        does not have a plan approved by the Secretary under section 
        1114(b)(2), the public school shall develop and adopt a 
        comprehensive plan for reforming the entire educational program 
        of the public school that--
                    ``(A) incorporates--
                            ``(i) strategies for improving achievement 
                        for all children to meet the State's proficient 
                        and advanced levels of performance described in 
                        section 1111(b);
                            ``(ii) instruction by highly qualified 
                        staff;
                            ``(iii) professional development for 
                        teachers and aides in content areas in which 
                        the teachers or aides provide instruction and, 
                        where appropriate, professional development for 
                        pupil services personnel, parents, and 
                        principals, and other staff to enable all 
                        children in the school to meet the State's 
                        student performance standards; and
                            ``(iv) activities to ensure that eligible 
                        children who experience difficulty mastering 
                        any of the standards described in section 
                        1111(b) during the course of the school year 
                        shall be provided with effective, timely 
                        additional assistance;
                    ``(B) describes the school's use of funds provided 
                under this subpart and from other sources to implement 
                the activities described in subparagraph (A);
                    ``(C) includes a list of State and local 
                educational agency programs and other Federal programs 
                that will be included in the schoolwide program;
                    ``(D) describes how the school will provide 
                individual student assessment results, including an 
                interpretation of those results, to the parents of an 
                eligible child who participates in the assessment; and
                    ``(E) describes how and where the school will 
                obtain technical assistance services and a description 
                of such services.
            ``(3) Special rule.--In the case of a public school 
        operating a schoolwide program under this subsection, the 
        Secretary may, through publication of a notice in the Federal 
        Register, exempt child centered programs under this section 
        from statutory or regulatory requirements of any other 
        noncompetitive formula grant program administered by the 
        Secretary, or any discretionary grant program administered by 
        the Secretary (other than formula or discretionary grant 
        programs under the Individuals with Disabilities Education 
        Act), to support the schoolwide program, if the intent and 
        purposes of such other noncompetitive or discretionary programs 
        are met.
    ``(c) Private School Children.--A State or participating local 
educational agency carrying out a child centered program under this 
subpart for eligible children at a private school shall ensure that 
eligible children who are enrolled in the private school receive 
supplemental education services that are comparable to services for 
eligible children enrolled in public schools provided under this 
subpart. The supplemental education services, including materials and 
equipment, shall be secular, neutral, and nonideological.
    ``(d) Open Enrollment.--
            ``(1) In general.--In order to be eligible to carry out a 
        child centered program under this subpart a State or 
        participating local educational agency shall operate a 
        statewide or school district wide, respectively, open 
        enrollment program that permits parents to enroll their child 
        in any public school in the State or school district, 
        respectively, if space is available in the public school and 
        the child meets the qualifications for attendance at the public 
        school.
            ``(2) Waiver.--The Secretary may waive paragraph (1) for a 
        State or participating local educational agency if the State or 
        agency, respectively, demonstrates that parents served by the 
State or agency, respectively--
                    ``(A) have sufficient options to enroll their child 
                in multiple public schools; or
                    ``(B) will have sufficient options to use the per 
                pupil amount made available under this subpart to 
                purchase supplemental education services from multiple 
                tutorial assistance providers or schools.
    ``(e) Parent Involvement.--
            ``(1) In general.--Any public school receiving funds under 
        this subpart shall convene an annual meeting at a convenient 
        time. All parents of eligible children shall be invited and 
        encouraged to attend the meeting, in order to explain to the 
        parents the activities assisted under this subpart and the 
        requirements of this subpart. At the meeting, the public school 
        shall explain to parents how the school will use funds provided 
        under this subpart to enable eligible children enrolled at the 
        school to meet challenging State curriculum, content, and 
        student performance standards. In addition, the public school 
        shall inform parents of their right to choose to use the per 
        pupil amount described in subsection (a) to purchase 
        supplemental education services from a tutorial assistance 
        provider, another public school or a private school.
            ``(2) Information.--Any public school receiving funds under 
        this subpart shall provide to parents a description and 
        explanation of the curriculum in use at the school, the forms 
        of assessment used to measure student progress, and the 
        proficiency levels students are expected to meet.

``SEC. 1134. APPLICATION.

    ``(a) In General.--Each State or participating local educational 
agency desiring to carry out a child centered program under this 
subpart shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require. Each such application shall contain--
            ``(1) a detailed description of the program to be assisted, 
        including an assurance that--
                    ``(A) the per pupil amount established under 
                section 1133(a) will follow each eligible child 
                described in that section to the school or tutorial 
                assistance provider of the parent or guardian's choice;
                    ``(B) funds made available under this subpart will 
                be spent in accordance with the requirements of this 
                subpart; and
                    ``(C) parents have the option to use the per pupil 
                amount to purchase supplemental education services for 
                their children from a wide variety of tutorial 
                assistance providers and schools;
            ``(2) an assurance that the State or participating local 
        educational agency will publish in a widely read or distributed 
        medium an annual report card that contains--
                    ``(A) information regarding the academic progress 
                of all students served by the State or participating 
                local educational agency in meeting State standards, 
                including students assisted under this subpart, with 
                results disaggregated by race, family income, limited 
                English proficiency, and gender, if such disaggregation 
                can be performed in a statistically sound manner; and
                    ``(B) such other information as the State or 
                participating local educational agency may require;
            ``(3) a description of how the State or participating local 
        educational agency will make available, to parents of children 
        participating in the child centered program, annual school 
        report cards, with results disaggregated by race, family 
        income, limited English proficiency, and gender, for schools in 
        the State or in the school district of the participating local 
        educational agency;
            ``(4) in the case of an application from a participating 
        local educational agency, an assurance that the participating 
        local educational agency has notified the State regarding the 
        submission of the application;
            ``(5) a description of specific measurable objectives for 
        improving the student performance of students served under this 
        subpart;
            ``(6) a description of the process by which the State or 
        participating local educational agency will measure progress in 
        meeting the objectives;
            ``(7)(A) in the case of an application from a State, an 
        assurance that the State meets the requirements of subsections 
        (a), (b) and (e) of section 1111 as applied to activities 
        assisted under this subpart; and
            ``(B) in the case of an application from a participating 
        local educational agency, an assurance that the State's 
        application under section 1111 met the requirements of 
        subsections (a), (b) and (e) of such section; and
            ``(8) an assurance that each local educational agency 
        serving a school that receives funds under this subpart will 
        meet the requirements of subsections (a) and (c) of section 
        1116 as applied to activities assisted under this subpart.

``SEC. 1135. ADMINISTRATIVE PROVISIONS.

    ``(a) Program Duration.--A State or participating local educational 
agency shall carry out a child centered program under this subpart for 
a period of 5 years.
    ``(b) Administrative Costs.--A State may reserve 2 percent of the 
funds made available to the State under this subpart, and a 
participating local educational agency may reserve 5 percent of the 
funds made available to the participating local educational agency 
under this subpart, to pay the costs of administrative expenses of the 
child centered program. The costs may include costs of providing 
technical assistance to schools receiving funds under this subpart, in 
order to increase the opportunity for all students in the schools to 
meet the State's content standards and student performance standards. 
The technical assistance may be provided directly by the State 
educational agency, local educational agency, or, with a local 
educational agency's approval, by an institution of higher education, 
by a private nonprofit organization, by an educational service agency, 
by a comprehensive regional assistance center under part A of title 
XIII, or by another entity with experience in helping schools improve 
student achievement.
    ``(c) Reports.--
            ``(1) Annual reports.--
                    ``(A) In general.--The State educational agency 
                serving each State, and each participating local 
                educational agency, carrying out a child centered 
                program under this subpart shall submit to the 
                Secretary an annual report, that is consistent with 
                data provided under section 1134(a)(2)(A), regarding 
                the performance of eligible children receiving 
                supplemental education services under this subpart.
                    ``(B) Data.--Not later than 2 years after 
                establishing a child centered program under this 
                subpart and each year thereafter, each State or 
                participating local educational agency shall include in 
                the annual report data on student achievement for 
                eligible children served under this subpart with 
                results disaggregated by race, family income, limited 
                English proficiency, and gender, demonstrating the 
                degree to which measurable progress has been made 
                toward meeting the objectives described in section 
                1134(a)(5).
                    ``(C) Data assurances.--Each annual report shall 
                include--
                            ``(i) an assurance from the managers of the 
                        child centered program that data used to 
                        measure student achievement under subparagraph 
                        (B) is reliable, complete, and accurate, as 
                        determined by the State or participating local 
                        educational agency; or
                            ``(ii) a description of a plan for 
                        improving the reliability, completeness, and 
                        accuracy of such data as determined by the 
                        State or participating local educational 
                        agency.
            ``(2) Secretary's report.--The Secretary shall make each 
        annual report available to Congress, the public, and the 
        Comptroller General of the United States (for purposes of the 
        evaluation described in section 1136).
    ``(d) Termination.--Three years after the date a State or 
participating local educational agency establishes a child centered 
program under this subpart the Secretary shall review the performance 
of the State or participating local educational agency in meeting the 
objectives described in section 1134(a)(5). The Secretary, after 
providing notice and an opportunity for a hearing, may terminate the 
authority of the State or participating local educational agency to 
operate a child centered program under this subpart if the State or 
participating local educational agency submitted data that indicated 
the State or participating local educational agency has not made any 
progress in meeting the objectives.
    ``(e) Treatment of Amounts Received.--The per pupil amount provided 
under this subpart for an eligible child shall not be treated as income 
of the eligible child or the parent of the eligible child for purposes 
of Federal tax laws, or for determining the eligibility for or amount 
of any other Federal assistance.

``SEC. 1136. EVALUATION.

    ``(a) Annual Evaluation.--
            ``(1) Contract.--The Comptroller General of the United 
        States shall enter into a contract, with an evaluating entity 
        that has demonstrated experience in conducting evaluations, for 
        the conduct of an ongoing rigorous evaluation of child centered 
        programs under this subpart.
            ``(2) Annual evaluation requirement.--The contract 
        described in paragraph (1) shall require the evaluating entity 
        entering into such contract to annually evaluate each child 
        centered program under this subpart in accordance with the 
        evaluation criteria described in subsection (b).
            ``(3) Transmission.--The contract described in paragraph 
        (1) shall require the evaluating entity entering into such 
        contract to transmit to the Comptroller General of the United 
        States the findings of each annual evaluation under paragraph 
        (2).
    ``(b) Evaluation Criteria.--The Comptroller General of the United 
States, in consultation with the Secretary, shall establish minimum 
criteria for evaluating the child centered programs under this subpart. 
Such criteria shall provide for a description of--
            ``(1) the implementation of each child centered program 
        under this subpart;
            ``(2) the effects of the programs on the level of parental 
        participation and satisfaction with the programs; and
            ``(3) the effects of the programs on the educational 
        achievement of eligible children participating in the programs.

``SEC. 1137. REPORTS.

    ``(a) Reports by Comptroller General.--
            ``(1) Interim reports.--Three years after the date of 
        enactment of this subpart the Comptroller General of the United 
        States shall submit an interim report to Congress on the 
        findings of the annual evaluations under section 1136(a)(2) for 
        each child centered program assisted under this subpart. The 
        report shall contain a copy of the annual evaluation under 
        section 1136(a)(2) of each child centered program under this 
        subpart.
            ``(2) Final report.--The Comptroller General shall submit a 
        final report to Congress, not later than March 1, 2006, that 
        summarizes the findings of the annual evaluations under section 
        1136(a)(2).''.

``SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.

    Nothing in this subpart shall be construed--
            ``(1) to authorize or permit an officer or employee of the 
        Federal Government to mandate, direct, or control a State, 
        local educational agency, or school's specific instructional 
        content or student performance standards and assessments, 
        curriculum, or program of instruction, as a condition of 
        eligibility to receive funds under this subpart; and
            ``(2) to preempt any provision of a State constitution or 
        State statute that pertains to the expenditure of State funds 
        in or by religious institutions.''.
                                 <all>