[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2159 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2159

 To provide flexibility when merited and accountability when warranted 
in the Nation's elementary schools and secondary schools, to amend the 
   Higher Education Act of 1965 to provide achievement-based college 
     scholarships to students in failing schools or failing school 
                   districts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2000

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

_______________________________________________________________________

                                 A BILL


 
 To provide flexibility when merited and accountability when warranted 
in the Nation's elementary schools and secondary schools, to amend the 
   Higher Education Act of 1965 to provide achievement-based college 
     scholarships to students in failing schools or failing school 
                   districts, 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; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
        TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION

Sec. 101. Findings; purposes.
Sec. 102. Definitions.
Sec. 103. Direct awards to local educational agencies.
Sec. 104. Requirements for failing local educational agencies.
Sec. 105. Audit.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.
                  TITLE II--GOOD STUDENT SCHOLARSHIPS

Sec. 201. Good student scholarships.

        TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION

SEC. 101. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds that--
            (1) education should be a national priority, but must 
        remain a local responsibility;
            (2) elementary schools and secondary schools perform best 
        when controlled by parents, teachers, local school boards, and 
        communities;
            (3) only through initiatives led by parents, teachers, and 
        local communities with the power to act can the United States 
        elevate the educational performance of its students toward 
        excellence;
            (4) parental involvement, high-quality teacher performance, 
        and teaching basic skills are fundamental to improving student 
        achievement;
            (5) educational resources are most effective when deployed 
        in the classroom and unencumbered by burdensome regulations;
            (6) schools and education professionals must be accountable 
        to the people and children they serve;
            (7) flexibility when merited and accountability when 
        warranted should be the Federal Government's approach to the 
        use of Federal education resources; and
            (8) the Federal Government should encourage better, smarter 
        uses of Federal funds where the need is greatest, specifically, 
        in failing school districts, so that children in those 
        districts will have a real opportunity to achieve academic 
        excellence and create a brighter future for themselves.
    (b) Purposes.--The purposes of this title are--
            (1) to promote excellence in elementary and secondary 
        education programs in the Nation;
            (2) to increase parental involvement in the education of 
        their children;
            (3) to boost student achievement in academic subjects to 
        high levels;
            (4) to improve basic skills instruction, and to increase 
        teacher performance and accountability;
            (5) to return the responsibility and control for education 
        to parents, teachers, schools, and local communities;
            (6) to improve the academic achievement of all students, 
        and to focus the resources of the Federal Government upon such 
        achievement, especially in failing school districts; and
            (7) to give States and communities maximum freedom in 
        determining how to boost academic achievement and implement 
        education reforms.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Failing Local Educational Agency.--The term ``failing 
        local educational agency'' means a local educational agency 
        that has been classified as unaccredited or failing (or would 
        be so classified if not for a court order or pending court 
        settlement agreement involving the local educational agency) 
        under its State's performance-based accreditation or 
        categorization standards.
            (2) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (4) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the United States 
        Virgin Islands, the Republic of the Marshall Islands, the 
        Federated States of Micronesia, and the Republic of Palau.

SEC. 103. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Direct Awards.--Except as provided in section 104, from amounts 
appropriated under section 106(a) and not used to carry out section 
106(b), the Secretary shall make direct awards to local educational 
agencies in amounts determined under subsection (b) to enable the local 
educational agencies to support programs or activities, for 
kindergarten through grade 12 students, that the local educational 
agencies deem appropriate.
    (b) Determination of Award Amount.--
            (1) Per child amount.--The Secretary, using the information 
        provided under subsection (c), shall determine a per child 
        amount for a year by dividing the total amount appropriated 
        under section 106(a) for the year, by the average daily 
attendance of kindergarten through grade 12 students in all States for 
the preceding year.
            (2) Local educational agency award.--The Secretary, using 
        the information provided under subsection (c), shall determine 
        the amount to be provided to each local educational agency 
        under this section for a year by multiplying--
                    (A) the per child amount determined under paragraph 
                (1) for the year; by
                    (B) the average daily attendance of kindergarten 
                through grade 12 students that are served by the local 
                educational agency for the preceding year.
    (c) Census Determination.--
            (1) In general.--Not later than December 1 of each year, 
        each local educational agency shall conduct a census to 
        determine the average daily attendance of kindergarten through 
        grade 12 students served by the local educational agency.
            (2) Submission.--Not later than March 1 of each year, each 
        local educational agency shall submit the number described in 
        paragraph (1) to the Secretary.
            (3) Penalty.--If the Secretary determines that a local 
        educational agency has knowingly submitted false information 
        under paragraph (1) for the purpose of gaining additional funds 
        under this section, then the local educational agency shall be 
        fined an amount equal to twice the difference between the 
        amount the local educational agency received under this 
        section, and the correct amount the local educational agency 
        would have received under this section if the agency had 
        submitted accurate information under paragraph (1).

SEC. 104. REQUIREMENTS FOR FAILING LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--In the case of a failing local educational agency 
receiving an award under section 103(a) for a fiscal year, such failing 
local educational agency shall use such award only for purposes 
directly related to improving elementary school and secondary school 
students' academic performance consistent with subsection (d).
    (b) Title I Funding.--
            (1) In general.--Notwithstanding any other provision of 
        law, funds provided to a failing local educational agency under 
        title I of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6301 et seq.) shall be spent in accordance with this 
        section.
            (2) Applicability provision.--The provisions of parts A, B, 
        C, and D of title I of the Elementary and Secondary Education 
        Act of 1965 shall not apply to a failing local educational 
        agency other than the allocation and allotment provisions under 
        part A of such title.
    (c) Failing Local Agency Plan.--
            (1) Plan required.--Each failing local educational agency 
        shall submit a plan to the Secretary at such time and in such 
        manner as the Secretary may require. A plan submitted under 
        this subsection--
                    (A) shall describe the activities to be funded by 
                the failing local educational agency under subsections 
                (a) and (b) consistent with subsection (d); and
                    (B) may request an exemption from the uses of funds 
                restrictions under subsection (d) for elementary 
                schools and secondary schools served by the failing 
                local educational agency that met the State's 
                performance-based accreditation or categorization 
                standards for the previous fiscal year.
            (2) Plan approval.--The Secretary shall approve a plan 
        submitted under paragraph (1) if the plan meets the 
        requirements described in paragraph (1).
            (3) Plan dissemination.--Each failing local educational 
        agency having a plan approved under paragraph (2) shall widely 
        disseminate such plan, throughout the area served by such 
        agency, and post the plan on the Internet.
    (d) Uses of Funds.--Each failing local educational agency having a 
plan approved under subsection (c)(2) for a fiscal year may use the 
award provided under section 103(a) and funds provided under title I of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) for such fiscal year only for the following activities:
            (1) To recruit, retain, and reward high-quality teachers.
            (2) To focus on teaching basic educational skills.
            (3) To provide remedial instruction in core academic 
        subjects that are assessed by standards set by the State 
        educational agency or local educational agency.
            (4) To fund mentoring programs for elementary school and 
        secondary school students who need assistance in reading, 
        writing, or arithmetic.
            (5) To use proven methods of instruction, such as phonics, 
        that are based upon reliable research.
            (6) To provide for extended day learning.
            (7) To ensure that parents of elementary school and 
        secondary school students realize that parents play a 
        significant role in their child's educational success, and to 
        encourage parents to become active in their child's education.
            (8) To provide any other activity that a local educational 
        agency proposes, and the Secretary approves, as an activity 
        that relates directly to improving students' academic 
        performance.
    (e) Annual Report.--
            (1) Report.--A failing local educational agency shall 
        annually submit a report to the Secretary describing--
                    (A) the use of funds under this section; and
                    (B) the annual performance of all children served 
                by the failing local educational agency as measured by 
                its State's performance-based accreditation or 
                categorization standards.
            (2) Privacy.--The report required under this section shall 
        not contain any information, such as names, addresses, or 
        grades, that might be used to identify the children whose 
        performance is described in the report.
            (3) Dissemination.--A failing local educational agency 
        shall widely disseminate the report submitted under paragraph 
        (1) throughout the area served by such agency, and post the 
        report on the Internet, so that parents and others in the 
        community can account for Federal education funding under this 
        title.
    (f) Meeting Standards.--
            (1) In general.--If, for 2 consecutive fiscal years after a 
        failing local educational agency is required to use funds in 
        accordance with subsection (d), such local educational agency 
        succeeds in meeting its State's performance-based accreditation 
        or categorization standards, then the provisions of this 
        section shall cease to apply to such local educational agency.
            (2) Bonus awards.--
                    (A) In general.--A local educational agency 
                described in paragraph (1) may receive a bonus award 
                from amounts appropriated under subparagraph (C), to 
                use for purposes such as rewarding elementary school 
                and secondary school teachers and principals who 
                improved student performance, and for professional 
                development opportunities for such teachers and 
                principals.
                    (B) Distribution.--A local educational agency 
                receiving a bonus award under this paragraph shall 
                determine how to distribute the award to individual 
                elementary schools and secondary schools. An elementary 
                school or a secondary school receiving such an award 
                shall determine how such award shall be spent.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $10,000,000 for each of fiscal years 2003 
                through 2007.
    (g) Penalty.--If a failing local educational agency spends funds 
subject to the use of funds restrictions described in subsection (d) in 
a manner inconsistent with subsection (d) for a fiscal year, then the 
Secretary shall reduce the funds such agency receives under section 
103(a) for the succeeding fiscal year by an amount equal to the amount 
spent improperly by such agency.

SEC. 105. AUDIT.

    (a) In General.--The Secretary may conduct audits of the 
expenditures of local educational agencies to ensure that the funds 
made available under this title are used in accordance with this title.
    (b) Sanctions and Penalties.--If the Secretary determines that the 
funds made available under this title were not used in accordance with 
the title, the Secretary may use the enforcement provisions available 
to the Secretary under part D of the General Education Provisions Act 
(20 U.S.C. 1234 et seq.).

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $3,100,000,000 for fiscal year 
2001 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.
    (b) Multiyear Awards.--The Secretary shall use funds appropriated 
under subsection (a) for each fiscal year to continue to make payments 
to eligible recipients pursuant to any multiyear award made prior to 
the date of enactment of this Act under the provisions of law repealed 
under section 103(b). The payments shall be made for the duration of 
the multiyear award.
    (c) Disbursal.--The Secretary shall disburse the amount awarded to 
a local educational agency under this title for a fiscal year not later 
than July 1 of each year.

SEC. 107. REPEALS.

    The following provisions of law are repealed:
            (1) Section 1502 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6492).
            (2) Section 3132 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. et seq.).
            (3) Title VI of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 7301).
            (4) Part C of title VII of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7541).
            (5) Part A of title X of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (6) Title III of The Goals 2000: Educate America Act (20 
        U.S.C. 5881 et seq.).
            (7) Title IV of The Goals 2000: Educate America Act (20 
        U.S.C. 5911 et seq.).
            (8) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 
        6101 et seq.).
            (9) Subtitle B of title VII of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11431 et seq.).
            (10) Section 307 of the Department of Education 
        Appropriations Act of 1999.

                  TITLE II--GOOD STUDENT SCHOLARSHIPS

SEC. 201. GOOD STUDENT SCHOLARSHIPS.

    Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) is amended by adding at the end the following:

                 ``Subpart 9--Good Student Scholarships

``SEC. 420N. GOOD STUDENT SCHOLARSHIPS.

    ``(a) Purpose.--The purpose of this section is to provide 
achievement-based scholarships for undergraduate education to eligible 
students graduating from schools or school districts that are failing 
or unaccredited.
    ``(b) Definition of Eligible Student.--In this section, the term 
`eligible student' means a secondary school student--
            ``(1) who graduates from a public secondary school or a 
        public or private secondary school in a school district that is 
        failing or unaccredited, as determined by the State educational 
        agency serving the State in which the secondary school or 
        school district is located;
            ``(2) who has been in attendance at the school referred to 
        in paragraph (1) for not less than 2 years;
            ``(3) who ranks in the top 10 percent academically in such 
        student's class;
            ``(4) who has an average ACT or SAT score that is equal to 
        or greater than the national average such score; and
            ``(5) whose family income is not more than $100,000.
    ``(c) Designation.--Scholarships made under this section shall be 
referred to as `Good Student Scholarships'.
    ``(d) Scholarships Authorized.--
            ``(1) In general.--From amounts appropriated under 
        subsection (f) for a fiscal year, the Secretary shall award 
        scholarships to each eligible student submitting an application 
        consistent with paragraph (2) to enable the eligible student to 
        pay the cost of attendance at an institution of higher 
        education during the eligible student's first 4 academic years 
        of undergraduate education.
            ``(2) Application required.--Each eligible student desiring 
        a scholarship under this section for year shall submit for each 
        such year an application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require.
            ``(3) Amount of award.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of a scholarship awarded 
                under this section for an academic year shall be equal 
                to the maximum appropriated Federal Pell Grant for such 
                year.
                    ``(B) Adjustment for insufficient appropriations.--
                If, after the Secretary determines the total number of 
                eligible applicants for an academic year, funds 
                available to carry out this section are insufficient to 
                fully fund all scholarship awards under subparagraph 
                (A) for such academic year, the amount of the 
                scholarship paid to each eligible student shall be 
                reduced proportionately.
                    ``(C) Assistance not to exceed cost of 
                attendance.--The amount of a scholarship awarded under 
                this paragraph to an eligible student, in combination 
                with Federal Pell Grant assistance and any other 
                student financial assistance the eligible student 
                receives, may not exceed the eligible student's cost of 
                attendance.
    ``(e) Lists From State Educational Agencies.--Each State 
educational agency shall annually provide a list to the Secretary 
identifying each public secondary school and each public school 
district within the State that the State educational agency determines 
is failing or unaccredited.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $75,000,000 for fiscal year 2001;
            ``(2) $150,000,000 for fiscal year 2002;
            ``(3) $225,000,000 for fiscal year 2003; and
            ``(4) $300,000,000 for fiscal year 2004.''.
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