[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2219 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2219

To amend the Elementary and Secondary Education Act of 1965 to provide 
 for community learning and successful schools, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 8, 2000

  Mr. Durbin 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 provide 
 for community learning and successful schools, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Community Learning and 
Successful Schools Act of 1999''.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) A well-educated citizenry is essential for the Nation 
        to compete in the global economy and maintain the vitality of a 
        democratic system of government.
            (2) Too many children in the United States are not meeting 
        the high academic standards that the children will need to meet 
        to be successful in the 21st century.
            (3) To overcome the problem of children failing to meet 
        those standards, school systems, such as the Chicago public 
        school system, have adopted policies to end social promotion 
        and implemented special after-school and summer programs to 
        ensure that at-risk students have mastered the skills necessary 
        to be promoted to the next grade level.
            (4) It is estimated that 5,000,000 school-age children are 
        left unsupervised in the afternoon. Unsupervised children are 
        at greatest risk of being involved in crime, being involved in 
        drug and alcohol abuse, or being the victims of crime, between 
        the hours of 3 p.m. and 8 p.m.
            (5) Children involved in quality after-school programs are 
        less likely to engage in criminal behavior and more likely to 
        have good grades than children who are left unsupervised.
            (6) The Department of Education estimates that the United 
        States will need an additional 2,000,000 teachers over the 10 
        year period beginning with 1999.
            (7) The National Commission for Teaching and America's 
        Future has found that what teachers know and can do are the 
        most important influences on what students learn.
            (8) In their efforts to meet increasing enrollments, States 
        and local school districts are forced to hire teachers who are 
        not fully qualified for their classroom assignments.
            (9) Increased Federal support for education is essential to 
        help local school districts respond to the challenges described 
        in this section. That support is an investment in the future of 
        United States children and the Nation's economic 
        competitiveness.
            (10) To ensure that the children are prepared to compete in 
        the 21st century, increased investments in education must be 
        accompanied by strong accountability measures to ensure that 
        students, teachers, and elementary schools and secondary 
        schools are meeting high academic standards.

SEC. 4. PURPOSE.

    The purpose of this Act is to help States, local educational 
agencies, local park and recreation agencies, and community 
organizations--
            (1) improve the academic achievement of at-risk students;
            (2) provide safe, constructive after-school and summer 
        activities for school-age children; and
            (3) improve the quality and performance of elementary 
        school and secondary school teachers in our Nation's public 
        schools.

SEC. 5. FUND FOR THE IMPROVEMENT OF EDUCATION.

    Part A of title X (20 U.S.C. 8001 et seq.) is amended--
            (1) by amending section 10102 (20 U.S.C. 8002) to read as 
        follows:

``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING 
              DEMONSTRATION GRANTS.

    ``(a) School Counseling Demonstration Grants.--
            ``(1) In general.--The Secretary may award grants to local 
        educational agencies to establish or improve school counseling 
        programs in kindergarten through grade 8.
            ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give special consideration to applications 
        that--
                    ``(A) demonstrate the greatest need for new or 
                improved counseling services to meet the needs of 
                students who are at risk of being involved in 
                delinquent behavior, becoming victims of crime, failing 
                to meet the academic standards required to be promoted, 
                or dropping out of school before the students graduate;
                    ``(B) propose promising or innovative approaches to 
                improve school counseling services; and
                    ``(C) show the greatest potential for replication 
                and dissemination.
            ``(3) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may require.
            ``(2) Contents.--Each application shall include--
                    ``(A) information regarding the total number of 
                students enrolled in elementary schools and secondary 
                schools to be targeted by programs to be assisted under 
                this section;
                    ``(B) a description of the particular emotional, 
                social, and educational needs of the students described 
                in subparagraph (A) that will be addressed by such 
                programs;
                    ``(C) a detailed description of the activities to 
                be assisted under this section;
                    ``(D) a description of the methods to be used to 
                evaluate the outcomes and effectiveness of the program; 
                and
                    ``(E) such other information as the Secretary may 
                reasonably require.
    ``(c) Use of Funds.--
            ``(1) In general.--Each local educational agency receiving 
        a grant under this section shall use the grant funds to 
        establish or improve counseling services through qualified 
        school counselors, school psychologists, and school social 
        workers.
            ``(2) Administrative costs.--Not more than 5 percent of the 
        amounts made available under this section in any fiscal year 
        shall be used for the administrative costs of carrying out this 
        section.
            ``(3) Supplement not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other Federal, State, local, and private funds that would be 
        available for counseling services.
    ``(d) Definition of Qualified.--A school counselor, school 
psychologist, or school social worker is qualified for purposes of 
subsection (c)(1) if such counselor, psychologist, or social worker--
            ``(1) has documented competence in counseling children and 
        adolescents in a school setting and working with the childrens' 
        or adolescents' families; and
            ``(2) possesses a valid State license or certificate issued 
        by the State educational agency or an independent professional 
        regulatory body within the State; or
            ``(3) in the absence of State licensure or certification 
        under paragraph (2), possesses national certification in school 
        counseling, school psychology, or school social work issued by 
        an independent professional organization.
    ``(e) Report.--The Secretary shall issue a report evaluating the 
effectiveness of programs assisted under this section and shall provide 
for the dissemination of successful programs to other local educational 
agencies.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section the following amounts:
            ``(1) $20,000,000 for fiscal year 2001.
            ``(2) $60,000,000 for fiscal year 2002.
            ``(3) $120,000,000 for fiscal year 2003.
            ``(4) $200,000,000 for fiscal year 2004.
            ``(5) $300,000,000 for fiscal year 2005.''; and
            (2) by adding at the end the following:

``SEC. 10108. SUMMER SCHOOL.

    ``(a) Program Authorized.--The Secretary is authorized to make 
allotments to State educational agencies to enable the State 
educational agencies to award grants to local educational agencies to 
support summer school programs for students who have not met academic 
standards required for promotion to the next grade.
    ``(b) State Allotments; Local Grants and Allocations.--
            ``(1) State allotments.--From funds appropriated under 
        subsection (f) and not reserved under subsection (d) for a 
        fiscal year, the Secretary shall make an allotment to each 
        State educational agency in a State in an amount that bears the 
        same relation to the funds as the amount the State received 
        under part A of title I for the fiscal year bears to the amount 
        received by all States under such part for the fiscal year.
            ``(2) Local grants and allocations.--Each State educational 
        agency receiving an allotment under paragraph (1) for a fiscal 
        year shall use the allotted funds to award grants to each 
        eligible local educational agency in the State in an amount 
        that bears the same relation to the allotted funds as the 
        amount the eligible local educational agency received under 
        part A of title I for the fiscal year bears to the amount 
        received by all eligible local educational agencies under such 
        part for the fiscal year.
    ``(c) Eligibility.--To be eligible to receive a grant under this 
section a local educational agency shall meet the following conditions:
            ``(1) Adopt a plan for the use of the grant funds that 
        gives priority to early intervention and services for at-risk 
        students in kindergarten through grade 6.
            ``(2) Conduct an assessment of the local educational 
        agency's needs for teachers who have the knowledge and skills 
necessary to ensure that all students have the opportunity to meet 
challenging academic standards.
            ``(3) Adopt a plan that is approved by the State 
        educational agency, to ensure, to the maximum extent possible, 
        that all teachers employed by the local educational agency meet 
        the State's teacher certification or licensure requirements for 
        the subjects in which the teachers teach.
            ``(4) Adopt a plan, approved by the State educational 
        agency, to require that each student meets academic standards, 
        based on guidelines established by the State educational 
        agency, prior to promotion to the next grade level. The plan 
        shall include a description of--
                    ``(A) the procedures used to identify at-risk 
                students;
                    ``(B) the procedures used to demonstrate that 
                students have met the academic standards required for 
                promotion to the next grade level;
                    ``(C) the supplemental educational and related 
                services provided to at-risk students; and
                    ``(D) the alternative programs provided to students 
                who fail to meet the academic standards required for 
                promotion to the next grade level.
            ``(5) Provide an annual report card to parents that 
        summarizes student performance in major academic subjects at 
        each school.
            ``(6) Establish procedures to evaluate the results of the 
        summer school programs funded under this section.
    ``(d) Reservation for Innovative Programs.--The Secretary shall 
reserve 5 percent of the amount appropriated under subsection (f) for a 
fiscal year to award grants for innovative summer school programs and 
to evaluate existing summer school programs.
    ``(e) General Provisions.--
            ``(1) Supplement not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other Federal, State, local, and private funds available for 
        summer school programs.
            ``(2) Administrative expenses.--Each State educational 
        agency and local educational agency that receives grant funds 
        under this section may use not more than 3 percent of the grant 
        funds for a fiscal year for the administrative costs of 
        carrying out this section.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section the following amounts:
            ``(1) $200,000,000 for fiscal year 2001.
            ``(2) $400,000,000 for fiscal year 2002.
            ``(3) $600,000,000 for fiscal year 2003.
            ``(4) $800,000,000 for fiscal year 2004.
            ``(5) $1,000,000,000 for fiscal year 2005.

``SEC. 10109. ENRICHMENT PROGRAMS.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary is authorized to make 
        allotments to eligible State agencies to enable the eligible 
        State agencies to award grants to consortia consisting of 
        public elementary schools or secondary schools, institutions of 
        higher education, not-for-profit scientific and cultural 
        agencies, libraries, or community organizations, to enable the 
        consortia to provide after-school and summer enrichment 
        activities for youth.
            ``(2) Eligible state agency defined.--The term `eligible 
        State agency' means a State educational agency or an agency 
        designated by the Governor of a State.
            ``(3) Duration.--Grants to consortia under this section 
        shall be awarded for a period of not more than 3 years.
    ``(b) State Allotments; Local Grants and Allocations.--
            ``(1) State allotments.--From funds appropriated under 
        subsection (e), the Secretary shall make an allotment to each 
        eligible State agency in a State in an amount that bears the 
        same relation to the funds as the amount the State received 
        under part A of title I for the fiscal year bears to the amount 
        received by all States under such part for the fiscal year.
            ``(2) Local grants and allocations.--Each eligible State 
        agency receiving an allotment under paragraph (1) for a fiscal 
        year shall use the allotted funds to award grants to consortia 
        described in subsection (a)(1) to enable the consortia to 
        provide after-school and summer enrichment activities for 
        youth.
    ``(c) Priority.--In awarding grants under this section an eligible 
State agency shall give priority to consortia that--
            ``(1) provide enrichment activities to improve student 
        performance in reading, mathematics, science, English, foreign 
        languages, and the arts;
            ``(2) serve students from low-income families or 
        communities that lack enrichment programs for youth;
            ``(3) provide for the equitable participation of students 
        from nonpublic schools;
            ``(4) include outreach activities to identify talented 
        youth and serve underrepresented populations;
            ``(5) support innovative programs to improve student 
        academic performance;
            ``(6) increase coordination among elementary schools and 
        secondary schools, public agencies, and community organizations 
        serving youth; or
            ``(7) evaluate the results of the activities assisted under 
        this section, and disseminate the results of the evaluation.
    ``(d) Administrative Expenses.--Each eligible State agency 
receiving an allotment under this section may use not more than 5 
percent of the allotted funds for a fiscal year for administrative 
costs of carrying out this section, except that the funds provided 
under this section shall not be used to pay more than 50 percent of 
the total amount of administrative costs of carrying out activities 
assisted under this section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section the following amounts:
            ``(1) $50,000,000 for fiscal year 2001.
            ``(2) $100,000,000 for fiscal year 2002.
            ``(3) $200,000,000 for fiscal year 2003.
            ``(4) $300,000,000 for fiscal year 2004.
            ``(5) $500,000,000 for fiscal year 2005.

``SEC. 10110. YOUTH DEVELOPMENT.

    ``(a) Program Authorized.--
            ``(1) In general.--The Director of the National Park 
        Service is authorized to make allotments to eligible State 
        agencies to enable the eligible State agencies to award grants 
        to local public park or recreation agencies for the support of 
        after-school and summer youth development programs.
            ``(2) Eligible state agency defined.--In this section the 
        term `eligible State agency' means a State agency designated by 
        the Governor.
    ``(b) State Allotments; Local Grants and Allocations.--
            ``(1) State allotments.--From funds appropriated under 
        subsection (f) and not reserved under subsection (d) for a 
        fiscal year, the Director of the National Park Service shall 
        make an allotment to each eligible State agency in a State in 
        an amount that bears the same relation to the funds as the 
        number of youth in the State who are aged 5 through 18 bears to 
        the number of such youth in all States.
            ``(2) Local grants.--Each eligible State agency receiving 
        an allotment under paragraph (1) for a fiscal year shall use 
        the allotted funds to award grants to local public park or 
        recreation agencies in the State on a competitive basis.
    ``(c) Priority.--In awarding grants under this section an eligible 
State agency shall give priority to local public park or recreation 
agencies that--
            ``(1) provide tutoring in reading and mathematics for 
        students at risk of not meeting the academic standards required 
        by the student's school to be promoted to the next grade;
            ``(2) provide assistance with homework;
            ``(3) provide academic and cultural enrichment activities 
        to underserved youth;
            ``(4) provide mentoring and counseling activities to 
        prevent alcohol and drug abuse, teenage pregnancy, illegal gang 
        activity, and youth violence;
            ``(5) encourage the participation of parents and mentors in 
        activities; or
            ``(6) coordinate programs with public and nonpublic 
        schools, libraries, and not-for-profit youth development 
        agencies.
    ``(d) Reservation for Innovative Programs.--The Director of the 
National Park Service shall reserve 10 percent of the amount 
appropriated under subsection (f) for a fiscal year to award grants for 
innovative after-school and summer youth development programs and to 
evaluate such programs.
    ``(e) General Provision.--
            ``(1) Administrative costs.--Each local public park or 
        recreation agency receiving an allotment under this section may 
        use not more than 5 percent of the allotted funds for a fiscal 
        year for administrative costs of carrying out this section, 
        except that the funds provided under this section shall not be 
        used to pay more than 50 percent of the total amount of the 
        administrative costs of carrying out activities assisted under 
        this section.
            ``(2) Matching funds.--Each local public park or recreation 
        agency receiving an allotment under this section shall provide, 
        for the support of the activities assisted under this section, 
        matching funds in an amount equal to 50 percent of the amount 
        received under the allotment.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section the following amounts:
            ``(1) $200,000,000 for fiscal year 2001.
            ``(2) $300,000,000 for fiscal year 2002.
            ``(3) $400,000,000 for fiscal year 2003.
            ``(4) $500,000,000 for fiscal year 2004.
            ``(5) $600,000,000 for fiscal year 2005.''.

SEC. 6. TEACHER SCHOLARSHIPS AND PROFESSIONAL DEVELOPMENT.

    Title II (20 U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E (20 U.S.C. 6701 et seq.) as 
        part F;
            (2) by redesignating sections 2401 and 2402 (20 U.S.C. 
        6701, 6702) as sections 2501 and 2502, respectively; and
            (3) by inserting after part D the following:

                    ``PART E--TEACHER SCHOLARSHIPS;

``SEC. 2401. TEACHER SCHOLARSHIPS.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary is authorized to make 
        allotments to eligible State agencies to enable the eligible 
        State agencies to award scholarships to individuals who attend 
        approved teacher education programs and agree to become 
        teachers in public elementary schools and secondary schools.
            ``(2) Eligible state agency defined.--The term `eligible 
        State agency' means a State educational agency or an agency 
        designated by the Governor of a State.
    ``(b) State Allotments; Scholarship Awards.--
            ``(1) State allotments.--From funds appropriated under 
        subsection (g), the Secretary shall make an allotment to each 
        eligible State agency in a State in an amount that bears the 
        same relation to the funds as the amount the State received 
        under part B for the fiscal year bears to the amount received 
        by all States under part B for the fiscal year.
            ``(2) Scholarship awards.--Each eligible State agency 
        receiving an allotment under paragraph (1) for a fiscal year 
        shall use the allotted funds to award scholarships in 
        accordance with this section.
    ``(c) Plans.--Each eligible State agency that receives an allotment 
under this section shall develop a plan for awarding scholarships under 
this section that--
            ``(1) reduces teacher shortages in core academic subjects 
        identified in the State assessment of teacher needs; and
            ``(2) recruits, prepares, and retains teachers who--
                    ``(A) are highly competent in the academic subjects 
                in which the teachers plan to teach; and
                    ``(B) possess strong teaching skills.
    ``(d) Teaching Requirement.--In order to receive a scholarship 
under this section an individual shall agree to teach not less than 1 
year in an elementary school or a secondary school in an underserved 
school district for each year that the individual receives a 
scholarship.
    ``(e) Approved Program Requirements.--To be eligible for a 
scholarship under this section a student shall attend a teacher 
education program that is approved by the eligible State agency. An 
eligible State agency shall approve a teacher education program under 
this section if--
            ``(1) the teacher education program demonstrates that the 
        graduates of the program are highly competent in the academic 
        subjects in which the graduates plan to teach and possess 
        strong teaching skills;
            ``(2) 80 percent of the graduates of the teacher education 
        program who intend to teach pass all applicable State 
        assessments for new teachers;
            ``(3) the teacher education program implements partnerships 
        with local educational agencies to provide internships and 
        other clinical experiences for prospective teachers;
            ``(4) the teacher education program provides followup 
        services to graduates of the teacher education program; and
            ``(5) the teacher education program provides an 
        institutional report card on the quality of teacher preparation 
        in the same manner as report cards are issued under section 
        207(f) of the Higher Education Act of 1965.
    ``(f) General Provision.--
            ``(1) Administrative costs.--Each eligible State agency 
        receiving an allotment under this section may use not more than 
        5 percent of the allotted funds for administrative costs to 
        carry out this section.
            ``(2) Matching funds.--Each eligible State agency receiving 
        an allotment under this section shall provide, for the support 
        of the activities assisted under this section, matching funds 
        in an amount equal to 50 percent of the amount received under 
        the allotment.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section the following amounts:
            ``(1) $50,000,000 for fiscal year 2001.
            ``(2) $150,000,000 for fiscal year 2002.
            ``(3) $250,000,000 for fiscal year 2003.
            ``(4) $350,000,000 for fiscal year 2004.
            ``(5) $400,000,000 for fiscal year 2005.''.

SEC. 7. AMENDMENTS REGARDING TEACHER PROFESSIONAL DEVELOPMENT.

    (a) Authorization of Appropriations.--Section 2003(a) (20 U.S.C. 
6603(a)) is amended by striking ``$800,000,000 for fiscal'' and all 
that follows through the period and inserting ``$450,000,000 for fiscal 
year 2001, $550,000,000 for fiscal year 2002, $600,000,000 for fiscal 
year 2003, $650,000,000 for fiscal year 2004, and $750,000,000 for 
fiscal year 2005.''.
    (b) Innovative Programs.--Section 2202(a) is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) 5 percent to award grants for innovative teacher 
        preparation and certification or licensure programs and to 
        develop model teacher evaluation programs.''.
    (c) State Eligibility.--Section 2207 (20 U.S.C. 6647) is amended--
            (1) by inserting ``(a) State Level Activities.--'' before 
        ``Each State''; and
            (2) by adding at the end the following:
    ``(b) State Eligibility.--For a State educational agency to be 
eligible to receive funds under this part the State shall--
            ``(1) conduct an assessment of the professional development 
        needs for teachers and principals in the State;
            ``(2) adopt a plan to ensure, to the maximum extent 
        possible, that all teachers employed by local educational 
        agencies in the State meet the State's certification or 
        licensure requirements for the subjects in which the teachers 
        teach;
            ``(3) adopt a plan to improve teaching in reading, 
        mathematics, and science; and
            ``(4) establish guidelines, in cooperation with teacher 
        organizations, school administrators, parents, faculty from 
        teacher preparation programs, and other agencies or 
        organizations with demonstrated effectiveness in meeting the 
        education needs of youth, to evaluate the performance of 
        teachers and principals in the State.''.
    (d) Local Allocation of Funds.--Paragraph (1) of section 2210(a) 
(20 U.S.C. 6650(a)) is amended to read as follows:
            ``(1) shall use not less than 80 percent of such funds for 
        professional development activities for schools in which 
        student performance in core academic subjects is below the 
        average performance for all students in the elementary schools 
        and secondary schools served by the local educational agency; 
        and''.
    (e) Priority.--Section 2210(b) (20 U.S.C. 6650(b)) is amended by 
adding at the end the following:
            ``(4) Priority.--Each local educational agency receiving 
        grant funds under this part shall give priority to using the 
        grant funds for professional development activities that meet 
        the following objectives:
                    ``(A) Ensuring that all teachers are certified in 
                the subject areas in which the teachers teach.
                    ``(B) Improving teaching in reading, mathematics, 
                and science.
                    ``(C) Improving the education and support services 
                provided to students at risk of not meeting the 
                academic performance standards required to be promoted 
                to the next grade.''.
    (f) Local Eligibility.--Section 2210 (20 U.S.C. 6650) is amended by 
adding at the end the following:
    ``(c) Local Eligibility.--
            ``(1) In general.--To be eligible to receive grant funds 
        under this part a local educational agency shall establish a 
        comprehensive system to evaluate the performance of teachers 
        and principals in accordance with the guidelines established by 
        the State educational agency.
            ``(2) Evaluation system requirements.--The local 
        educational agency's teacher evaluation system shall be 
        developed in cooperation with parents, teachers, school 
        administrators, and other agencies or organizations with 
        demonstrated effectiveness in the education and the development 
        of youth. The system shall include--
                    ``(A) a clear description of the standards and 
                criteria to be used in the evaluation of teacher 
                performance;
                    ``(B) a description of the extent to which the 
                standards and criteria are aligned with the State's 
                standards and assessments for student performance in 
                core academic subjects;
                    ``(C) a description of other factors, including the 
                background and characteristics of the students, that 
                shall be considered in the evaluation of the teacher;
                    ``(D) the involvement of other teachers in the 
                evaluation;
                    ``(E) interim evaluations of teacher's performance; 
                and
                    ``(F) professional development and support services 
                to address any deficiencies identified in an interim 
                evaluation.''.
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