[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2887 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2887

To amend title V of the Elementary and Secondary Education Act of 1965 
to reduce class size through the use of highly qualified teachers, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2009

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

_______________________________________________________________________

                                 A BILL


 
To amend title V of the Elementary and Secondary Education Act of 1965 
to reduce class size through the use of highly qualified teachers, 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. CLASS SIZE REDUCTION.

    Title V of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7201 et seq.) is amended by adding at the end the following:

                     ``PART E--CLASS SIZE REDUCTION

``SEC. 5701. SHORT TITLE.

    ``This part may be cited as the `Facilitating Outstanding 
Classrooms Using Size Act' (FOCUS Act).

``SEC. 5702. GRANT PROGRAM.

    ``(a) Purpose.--The purposes of this section are--
            ``(1) to reduce class size through the use of highly 
        qualified teachers;
            ``(2) to assist States and local educational agencies in 
        recruiting, hiring, and training 100,000 teachers in order to 
        reduce class sizes nationally, in kindergarten through third 
        grade, to an average of 18 students per regular classroom; and
            ``(3) to improve teaching in those grades so that all 
        students can learn to read independently and well by the end of 
        the 3rd grade.
    ``(b) Allotment to States.--
            ``(1) Reservation.--From the amount made available to carry 
        out this part for a fiscal year, the Secretary shall reserve 
        not more than 1 percent for the Secretary of the Interior (on 
        behalf of the Bureau of Indian Affairs) and the outlying areas 
        for activities carried out in accordance with this section.
            ``(2) State allotments.--
                    ``(A) Formula.--Subject to subparagraphs (B) and 
                (C), from the funds made available to carry out this 
                part for a fiscal year and not reserved under paragraph 
                (1) or subsection (j), the Secretary shall allot to 
                each State an amount that bears the same relation to 
                such funds as the sum of the amounts the State received 
                under subparagraphs (A) and (B) of section 2111(b)(2) 
                for the preceding fiscal year bears to the sums all 
                States received under such subparagraphs for the 
                preceding fiscal year.
                    ``(B) Hold harmless.--
                            ``(i) In general.--Subject to subparagraph 
                        (C) and clause (ii), from the amount made 
                        available to carry out this part for a fiscal 
                        year and not reserved under paragraph (1) or 
                        subsection (j), the Secretary shall allot to 
                        each State an amount equal to the amount that 
                        such State received for the preceding fiscal 
                        year under this section.
                            ``(ii) Ratable reduction.--If the amount 
                        made available to carry out this part for a 
                        fiscal year and not reserved under paragraph 
                        (1) or subsection (j) is insufficient to pay 
                        the full amounts that all States are eligible 
                        to receive under clause (i) for such fiscal 
                        year, the Secretary shall ratably reduce such 
                        amounts for such fiscal year.
                    ``(C) Allotment of additional funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        for any fiscal year for which the amount made 
                        available to carry out this part and not 
                        reserved under paragraph (1) or subsection (j) 
                        exceeds the amount made available to the States 
                        for the preceding fiscal year under section 
                        2111(b), the Secretary shall allot to each 
                        State the percentage of the excess amount that 
                        is the greater of--
                                    ``(I) the percentage the State 
                                received for the preceding fiscal year 
                                of the total amount made available to 
                                the States under section 1122; or
                                    ``(II) the percentage so received 
                                of the total amount made available to 
                                the States under section 2111(b).
                            ``(ii) Ratable reductions.--If the excess 
                        amount for a fiscal year is insufficient to pay 
                        the full amounts that all States are eligible 
                        to receive under clause (i) for such fiscal 
                        year, the Secretary shall ratably reduce such 
                        amounts for such fiscal year.
                    ``(D) Reallotment.--If any State does not apply for 
                an allotment under this subsection or does not have an 
                application approved under this part for any fiscal 
                year, the Secretary shall reallot the amount of the 
                allotment to the remaining States in accordance with 
                this subsection.
    ``(c) Allocation to Local Educational Agencies.--
            ``(1) Allocation.--Each State that receives funds under 
        this section shall allocate 100 percent of those funds to local 
        educational agencies within the State, of which--
                    ``(A) 80 percent shall be allocated to those local 
                educational agencies in proportion to the number of 
                children, age 5 through 17, from families with incomes 
                below the poverty line, who reside in the school 
                district served by that local educational agency for 
                the most recent fiscal year for which satisfactory data 
                are available, compared to the number of those children 
                who reside in the school districts served by all the 
                local educational agencies in the State for that fiscal 
                year; and
                    ``(B) 20 percent shall be allocated to those local 
                educational agencies within the State in accordance 
                with the relative enrollments of children, age 5 
                through 17, in public and private nonprofit elementary 
                schools and secondary schools within the areas served 
                by those local educational agencies.
            ``(2) Exception.--Notwithstanding paragraph (1) and 
        subsection (d)(2)(B), if the award to a local educational 
        agency under this section is less than the starting salary for 
        a new highly qualified teacher for a school served by that 
        local educational agency, that local educational agency may use 
        funds made available under this section to--
                    ``(A) help pay the salary of a full- or part-time 
                highly qualified teacher hired to reduce class size, 
                which may be done in combination with the expenditure 
                of other Federal, State, or local funds; or
                    ``(B) pay for activities described in subsection 
                (d)(2)(A)(iii) that may be related to teaching in 
                smaller classes.
            ``(3) Reallocation.--If a local educational agency does not 
        apply for an allocation under this subsection or if the local 
        educational agency's application is not approved, the State 
        shall reallocate the local educational agency's allocation to 
        the remaining local educational agencies in the State in 
        accordance with paragraph (1).
    ``(d) Use of Funds.--
            ``(1) Mandatory uses.--Each local educational agency that 
        receives funds under this section shall use those funds--
                    ``(A) to carry out effective approaches to reducing 
                class size through use of highly qualified teachers to 
                improve educational achievement for both regular and 
                special needs children, with particular consideration 
                given to reducing class size in the early elementary 
                grades for which some research has shown class size 
                reduction is most effective; and
                    ``(B) to create a continuum of small classes at 
                each grade level for all students served by the local 
                educational agency as the students progress from 
                kindergarten through third grade.
            ``(2) Permissible uses.--
                    ``(A) In general.--Each local educational agency 
                that receives funds under this section may use those 
                funds for--
                            ``(i) recruiting (including through the use 
                        of signing bonuses, and other financial 
                        incentives), hiring, and training highly 
                        qualified regular and special education 
                        teachers (which may include hiring special 
                        education teachers to team-teach with regular 
                        teachers in classrooms that contain children 
                        with disabilities and non-disabled children) 
                        and teachers of special needs children;
                            ``(ii) testing new teachers for academic 
                        content knowledge, and to meet State 
                        certification or licensing requirements that 
                        are consistent with title II of the Higher 
                        Education Act of 1965; and
                            ``(iii) providing professional development 
                        (which may include such activities as promoting 
                        retention and mentoring) for teachers, 
                        including special education teachers and 
                        teachers of special needs children, in order to 
                        meet the goal of ensuring that all teachers 
                        have the general knowledge, teaching skills, 
                        and subject matter knowledge necessary to teach 
                        effectively in the content areas in which the 
                        teachers teach, consistent with title II of the 
                        Higher Education Act of 1965.
                    ``(B) Limitation on testing and professional 
                development.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a local educational agency may use 
                        not more than a total of 25 percent of the 
                        funds received by the local educational agency 
                        under this section for activities described in 
                        clauses (ii) and (iii) of subparagraph (A).
                            ``(ii) Special rule.--A local educational 
                        agency may use more than 25 percent of the 
                        funds the local educational agency receives 
                        under this section for activities described in 
                        subparagraph (A)(iii) for the purpose of 
                        helping teachers who are not yet highly 
                        qualified become highly qualified, if--
                                    ``(I) 10 percent or more of the 
                                elementary school classes in a school 
                                served by the local educational agency 
                                are taught by individuals who are not 
                                highly qualified teachers; or
                                    ``(II) the State educational agency 
                                has waived State certification or 
                                licensing requirements for 10 percent 
                                or more of such teachers.
                    ``(C) Use of funds by agencies that have reduced 
                class size.--Notwithstanding subparagraph (B), a local 
                educational agency that has already reduced class size 
                in the early elementary grades to 18 or fewer children 
                (or has already reduced class size to a State or local 
                class size reduction goal that was in effect on 
                November 28, 1999, if that goal is 20 or fewer 
                children) may use funds received under this section--
                            ``(i) to make further class size reductions 
                        in kindergarten through third grade;
                            ``(ii) to reduce class size in other 
                        grades; or
                            ``(iii) to carry out activities to improve 
                        teacher quality (particularly instructional 
                        practices in small classes), including 
                        professional development.
            ``(3) Supplement, not supplant.--Each local educational 
        agency that receives funds made available under this section 
        shall use those funds only to supplement, and not to supplant, 
        State and local funds that, in the absence of funds made 
        available under this section, would otherwise be expended for 
        activities described in this section.
            ``(4) Limitation on use for salaries and benefits.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no funds made available under this 
                section may be used to increase the salaries of, or 
                provide benefits (other than participation in 
                professional development and enrichment programs) to, 
                teachers who are not hired under this section.
                    ``(B) Exception.--Funds made available under this 
                section may be used to pay the salaries of teachers 
                hired under section 306 of the Department of Education 
                Appropriations Act, 2001.
    ``(e) Applications.--
            ``(1) States.--Each State desiring an allotment under this 
        section shall submit an application to the Secretary that 
        includes such information as the Secretary may require.
            ``(2) Local educational agencies.--Each local educational 
        agency desiring an allocation under this section shall submit 
        an application to the State that includes such information as 
        the State may require. Each such application shall include a 
        description of the local educational agency's program to reduce 
        class size by hiring additional highly qualified teachers.
    ``(f) Reports.--
            ``(1) State activities.--Each State receiving funds under 
        this section shall prepare and submit to the Secretary a 
        biennial report on activities carried out in the State under 
        this section that provides the information described in section 
        5122(a)(2) with respect to the activities.
            ``(2) Progress concerning class size and qualified 
        teachers.--Each State and local educational agency receiving 
        funds under this section shall annually report to parents and 
        the public, in numeric form as compared to the previous year, 
        on--
                    ``(A) the State's and local educational agency's 
                progress in reducing class size, and increasing the 
                percentage of classes in core academic subjects taught 
                by highly qualified teachers; and
                    ``(B) the impact that hiring additional highly 
                qualified teachers and reducing class size, has had, if 
                any, on increasing student academic achievement.
            ``(3) Notice.--Each local educational agency that receives 
        funds under this section shall provide to each individual 
        parent of a child who attends a school served by such local 
        educational agency timely, written notice if the child has been 
        assigned or has been taught for 2 or more consecutive weeks by 
        a substitute teacher, as defined by such local educational 
        agency, or a teacher who is not highly qualified.
    ``(g) Private Schools.--If a local educational agency uses funds 
made available under this section for professional development 
activities, the local educational agency shall ensure the equitable 
participation of private nonprofit elementary schools and secondary 
schools in such activities in accordance with section 5142. Section 
5142 shall not apply to other activities carried out under this 
section.
    ``(h) Administrative Expenses.--A local educational agency that 
receives funds under this section may use not more than 3 percent of 
such funds for local administrative costs.
    ``(i) Certification, Licensing, and Competency.--No funds made 
available under this section may be used to pay the salary of any 
teacher unless such teacher is highly qualified.
    ``(j) National Evaluation.--
            ``(1) In general.--From amounts appropriated to carry out 
        this part for each of the fiscal years 2010 through 2014, the 
        Secretary shall reserve not more than $5,000,000 to award a 
        grant or contract to an independent organization outside of the 
        Department for an independent evaluation of the impact of the 
        demonstration program under this section.
            ``(2) Competitive basis.--The grant or contract described 
        in paragraph (1) shall be awarded on a competitive basis.
            ``(3) Process.--The evaluation under this subsection shall 
        be conducted by an organization that is capable of designing 
        and carrying out an independent evaluation that identifies the 
        effects of specific activities carried out by State educational 
        agencies and local educational agencies under this part on 
        reducing class size and improving the pedagogy in small 
        classrooms. Such evaluation shall take into account factors 
        influencing student performance that are not controlled by 
        teachers or education administrators.
            ``(4) Matters evaluated.--The evaluation described in this 
        subsection shall--
                    ``(A) determine the number of students who 
                benefitted by reduced class size pursuant to this part, 
                including an analysis by student subgroup;
                    ``(B) identify barriers to the effectiveness of the 
                class size reduction program under this part;
                    ``(C) compare the impact of students benefitting 
                from class size reduction under this part to 
                participants in comparison groups (of similar 
                demographics) in schools that did not receive class 
                size reduction funds under this part;
                    ``(D) identify the impact of the program assisted 
                under this part on teachers;
                    ``(E) measure the extent to which professional 
                development programs implemented by State educational 
                agencies and local educational agencies using funds 
                received under this subpart improve instruction;
                    ``(F) an analysis of whether receipt of class size 
                reduction funds under this part results in an 
                improvement in student academic achievement; and
                    ``(G) include any other analysis or measurement 
                pertinent to this part that is determined to be 
                appropriate by the Secretary.
            ``(5) Dissemination.--The findings of the evaluation under 
        this subsection shall be widely disseminated to the public by--
                    ``(A) the organization conducting the evaluation; 
                and
                    ``(B) the Secretary.

``SEC. 5703. NATIONAL CLASS SIZE DATABASE.

    ``(a) In General.--Of the amounts appropriated to carry out this 
part, the Secretary shall reserve not more than $3,500,000 to develop 
and maintain, through the National Center for Education Statistics, a 
database that accurately calculates class size for every school, school 
district, and State in each of the 50 States, the District of Columbia, 
and the Commonwealth of Puerto Rico through the collection of student 
and teacher data.
    ``(b) Contract.--The Secretary, acting through the National Center 
for Education Statistics, may award a contract, on a competitive basis, 
for the development and maintenance of the database described in 
subsection (a), to an organization, institution, or entity with 
expertise in data collection and class size reduction.
    ``(c) Reporting.--Each State educational agency that receives funds 
under this Act shall report to the Secretary the following information:
            ``(1) Annual student enrollment data for each school and 
        school district in the State, disaggregated by grade level, 
        subgroup of student, core academic subject, and free or reduced 
        price lunch recipient status.
            ``(2) Classroom teacher data, including the number of 
        teachers at each grade level, at each subject, and by highly 
        qualified teacher status.
    ``(d) Digest of Education Statistics.--The National Center for 
Education Statistics shall report class size data in addition to pupil-
teacher ratios in the National Center's Digest of Education Statistics.

``SEC. 5704. DEFINITION OF CLASS SIZE.

    ``(a) In General.--In this part the term `class size' means the 
number of students, averaged over an academic year or the length of a 
course, who regularly appear in a teacher's classroom and for whom the 
teacher is primarily responsible and accountable, which averaged number 
shall reflect students who have joined a class or left a class 
throughout the duration of a course.
    ``(b) Calculations.--In calculating class size under subsection 
(a)--
            ``(1) multiple classes of the same subject shall be counted 
        individually, including classes of the same subject taught at 
        different times by the same teacher; and
            ``(2) paraprofessionals and teacher's aides shall not be 
        counted as teachers.

``SEC. 5705. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$2,000,000,000 for fiscal year 2010 and such sums as may be necessary 
for fiscal years 2011 through 2014.''.

SEC. 2. NATIONAL CLEARINGHOUSE ON CLASS SIZE.

    Section 133(a) of the Education Sciences Reform Act of 2002 (20 
U.S.C. 9533(a)) is amended--
            (1) in paragraph (10)(D), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (11), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(12) reserve not more than $500,000 from the amount made 
        available to carry out this part for each fiscal year in order 
        to develop and maintain, directly or through a contract awarded 
        on a competitive basis to an entity, institution, or 
        organization with expertise in class size reduction research 
        and resources, a web-based National Clearinghouse on Class Size 
        to make publicly available--
                    ``(A) research on class size;
                    ``(B) resources on school modernization planning;
                    ``(C) resources for maximizing existing classroom 
                space; and
                    ``(D) best practices in small classroom 
                instruction.''.
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