[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 866

 To amend the Elementary and Secondary Education Act of 1965 regarding 
            environmental education, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2009

  Mr. Reed (for himself, Ms. Collins, Mr. Dodd, Mrs. Gillibrand, Mr. 
  Kerry, Mr. Lautenberg, Mrs. Lincoln, Mrs. Murray, Mr. Menendez, Mr. 
  Sanders, Mr. Whitehouse, Mr. Cardin, and 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 regarding 
            environmental education, 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 ``No Child Left 
Inside Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authorization of appropriations.
                 TITLE I--ENVIRONMENTAL LITERACY PLANS

Sec. 101. Development, approval, and implementation of State 
                            environmental literacy plans.
    TITLE II--ESTABLISHMENT OF ENVIRONMENTAL EDUCATION PROFESSIONAL 
                       DEVELOPMENT GRANT PROGRAMS

Sec. 201. Environmental education professional development grant 
                            programs.
TITLE III--ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD NATIONAL 
                                CAPACITY

Sec. 301. Environmental education grant program to help build national 
                            capacity.

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. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There is authorized to be appropriated to carry 
out section 5622(g) and part E of title II of the Elementary and 
Secondary Education Act of 1965, $100,000,000 for fiscal year 2010 and 
each of the 4 succeeding fiscal years.
    (b) Distribution.--With respect to any amount appropriated under 
subsection (a) for a fiscal year--
            (1) not more than 70 percent of such amount shall be used 
        to carry out section 5622(g) of the Elementary and Secondary 
        Education Act of 1965 for such fiscal year; and
            (2) not less than 30 percent of such amount shall be used 
        to carry out part E of title II of such Act for such fiscal 
        year.

                 TITLE I--ENVIRONMENTAL LITERACY PLANS

SEC. 101. DEVELOPMENT, APPROVAL, AND IMPLEMENTATION OF STATE 
              ENVIRONMENTAL LITERACY PLANS.

    Part D of title V (20 U.S.C. 7201 et seq.) is amended by adding at 
the end the following:

               ``Subpart 22--Environmental Literacy Plans

``SEC. 5621. ENVIRONMENTAL LITERACY PLAN REQUIREMENTS.

    ``In order for any State educational agency, or a local educational 
agency served by a State educational agency, to receive grant funds, 
either directly or through participation in a partnership with a 
recipient of grant funds, under this subpart or part E of title II, the 
State educational agency shall meet the requirements regarding an 
environmental literacy plan under section 5622.

``SEC. 5622. STATE ENVIRONMENTAL LITERACY PLANS.

    ``(a) Submission of Plan.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the No Child Left Inside Act of 2009, a State 
        educational agency subject to the requirements of section 5621 
        shall, in consultation with State environmental agencies and 
        State natural resource agencies, and with input from the 
        public--
                    ``(A) submit an environmental literacy plan for 
                prekindergarten through grade 12 to the Secretary for 
                peer review and approval that will ensure that 
                elementary and secondary school students in the State 
                are environmentally literate; and
                    ``(B) begin the implementation of such plan in the 
                State.
            ``(2) Existing plans.--A State may satisfy the requirement 
        of paragraph (1)(A) by submitting to the Secretary for peer 
        review an existing State plan that has been developed in 
        cooperation with a State environmental or natural resource 
        management agency, if such plan complies with this section.
    ``(b) Plan Objectives.--A State environmental literacy plan shall 
meet the following objectives:
            ``(1) Prepare students to understand, analyze, and address 
        the major environmental challenges facing the students' State 
        and the United States.
            ``(2) Provide field experiences as part of the regular 
        school curriculum and create programs that contribute to 
        healthy lifestyles through outdoor recreation and sound 
        nutrition.
            ``(3) Create opportunities for enhanced and on-going 
        professional development for teachers that improves the 
        teachers'--
                    ``(A) environmental subject matter knowledge; and
                    ``(B) pedagogical skills in teaching about 
                environmental issues, including the use of--
                            ``(i) interdisciplinary, field-based, and 
                        research-based learning; and
                            ``(ii) innovative technology in the 
                        classroom.
    ``(c) Contents of Plan.--A State environmental literacy plan shall 
include each of the following:
            ``(1) A description of how the State educational agency 
        will measure the environmental literacy of students, 
        including--
                    ``(A) relevant State academic content standards and 
                content areas regarding environmental education, and 
                courses or subjects where environmental education 
                instruction will be integrated throughout the 
                prekindergarten to grade 12 curriculum; and
                    ``(B) a description of the relationship of the plan 
                to the secondary school graduation requirements of the 
                State.
            ``(2) A description of programs for professional 
        development for teachers to improve the teachers'--
                    ``(A) environmental subject matter knowledge; and
                    ``(B) pedagogical skills in teaching about 
                environmental issues, including the use of--
                            ``(i) interdisciplinary, field-based, and 
                        research-based learning; and
                            ``(ii) innovative technology in the 
                        classroom.
            ``(3) A description of how the State educational agency 
        will implement the plan, including securing funding and other 
        necessary support.
    ``(d) Plan Update.--The State environmental literacy plan shall be 
revised or updated by the State educational agency and submitted to the 
Secretary not less often than every 5 years or as appropriate to 
reflect plan modifications.
    ``(e) Peer Review and Secretarial Approval.--The Secretary shall--
            ``(1) establish a peer review process to assist in the 
        review of State environmental literacy plans;
            ``(2) appoint individuals to the peer review process who--
                    ``(A) are representative of parents, teachers, 
                State educational agencies, State environmental 
                agencies, State natural resource agencies, local 
                educational agencies, and nongovernmental 
                organizations; and
                    ``(B) are familiar with national environmental 
                issues and the health and educational needs of 
                students;
            ``(3) include, in the peer review process, appropriate 
        representatives from the Department of Commerce, Department of 
        Interior, Department of Energy, the Environmental Protection 
        Agency, and other appropriate Federal agencies, to provide 
        environmental expertise and background for evaluation of the 
        State environmental literacy plan;
            ``(4) approve a State environmental literacy plan not later 
        than 120 days after the plan's submission unless the Secretary 
        determines that the State environmental literacy plan does not 
        meet the requirements of this section;
            ``(5) immediately notify the State if the Secretary 
        determines that the State environmental literacy plan does not 
        meet the requirements of this section, and state the reasons 
        for such determination;
            ``(6) not decline to approve a State environmental literacy 
        plan before--
                    ``(A) offering the State an opportunity to revise 
                the State environmental literacy plan;
                    ``(B) providing technical assistance in order to 
                assist the State to meet the requirements of this 
                section; and
                    ``(C) providing notice and an opportunity for a 
                hearing; and
            ``(7) have the authority to decline to approve a State 
        environmental literacy plan for not meeting the requirements of 
        this part, but shall not have the authority to require a State, 
        as a condition of approval of the State environmental literacy 
        plan, to--
                    ``(A) include in, or delete from, such State 
                environmental literacy plan 1 or more specific elements 
                of the State academic content standards under section 
                1111(b)(1); or
                    ``(B) use specific academic assessment instruments 
                or items.
    ``(f) State Revisions.--The State educational agency shall have the 
opportunity to revise a State environmental literacy plan if such 
revision is necessary to satisfy the requirements of this section.
    ``(g) Grants for Implementation.--
            ``(1) Program authorized.--From amounts appropriated for 
        this subsection, the Secretary shall award grants, through 
        allotments in accordance with the regulations described in 
        paragraph (2), to States to enable the States to award 
        subgrants, on a competitive basis, to local educational 
        agencies and eligible partnerships (as such term is defined in 
        section 2502) to support the implementation of the State 
        environmental literacy plan.
            ``(2) Regulations.--The Secretary shall promulgate 
        regulations implementing the grant program under paragraph (1), 
        which regulations shall include the development of an allotment 
        formula that best achieves the purposes of this subpart.
            ``(3) Administrative expenses.--A State receiving a grant 
        under this subsection may use not more than 2.5 percent of the 
        grant funds for administrative expenses.
    ``(h) Reporting.--
            ``(1) In general.--Not later than 2 years after approval of 
        a State environmental literacy plan, and every 2 years 
        thereafter, the State educational agency shall submit to the 
        Secretary a report on the implementation of the State plan.
            ``(2) Report requirements.--The report required by this 
        subsection shall be--
                    ``(A) in the form specified by the Secretary;
                    ``(B) based on the State's ongoing evaluation 
                activities; and
                    ``(C) made readily available to the public.''.

    TITLE II--ESTABLISHMENT OF ENVIRONMENTAL EDUCATION PROFESSIONAL 
                       DEVELOPMENT GRANT PROGRAMS

SEC. 201. ENVIRONMENTAL EDUCATION PROFESSIONAL DEVELOPMENT GRANT 
              PROGRAMS.

    Title II (20 U.S.C. 6601 et seq.) is amended by adding at the end 
the following:

   ``PART E--ENVIRONMENTAL EDUCATION PROFESSIONAL DEVELOPMENT GRANT 
                                PROGRAMS

``SEC. 2501. PURPOSE.

    ``The purpose of this part is to ensure the academic achievement of 
students in environmental literacy through the professional development 
of teachers and educators.

``SEC. 2502. GRANTS FOR ENHANCING EDUCATION THROUGH ENVIRONMENTAL 
              EDUCATION.

    ``(a) Definition of Eligible Partnership.--In this section, the 
term `eligible partnership' means a partnership that--
            ``(1) shall include a local educational agency; and
            ``(2) may include--
                    ``(A) the teacher training department of an 
                institution of higher education;
                    ``(B) the environmental department of an 
                institution of higher education;
                    ``(C) another local educational agency, a public 
                charter school, a public elementary school or secondary 
                school, or a consortium of such schools;
                    ``(D) a Federal, State, regional, or local 
                environmental or natural resource management agency 
                that has demonstrated effectiveness in improving the 
                quality of environmental education teachers; or
                    ``(E) a nonprofit organization that has 
                demonstrated effectiveness in improving the quality of 
                environmental education teachers.
    ``(b) Grants Authorized.--
            ``(1) Program authorized.--From amounts appropriated for 
        this subsection, the Secretary shall award grants, through 
        allotments in accordance with the regulations described in 
        paragraph (2), to States whose State environmental literacy 
        plan has been approved under section 5622, to enable the States 
        to award subgrants under subsection (c).
            ``(2) Regulations.--The Secretary shall promulgate 
        regulations implementing the grant program under paragraph (1), 
        which regulations shall include the development of an allotment 
        formula that best achieves the purposes of this subpart.
            ``(3) Administrative expenses.--A State receiving a grant 
        under this subsection may use not more than 2.5 percent of the 
        grant funds for administrative expenses.
    ``(c) Subgrants Authorized.--
            ``(1) Subgrants to eligible partnerships.--From amounts 
        made available to a State educational agency under subsection 
        (b)(1), the State educational agency shall award subgrants, on 
        a competitive basis, to eligible partnerships serving the 
        State, to enable the eligible partnerships to carry out the 
        authorized activities described in subsection (e) consistent 
        with the approved State environmental literacy plan.
            ``(2) Duration.--The State educational agency shall award 
        each subgrant under this part for a period of not more than 3 
        years beginning on the date of approval of the State's 
        environmental literacy plan under section 5622.
            ``(3) Supplement, not supplant.--Funds provided to an 
        eligible partnership under this part shall be used to 
        supplement, and not supplant, funds that would otherwise be 
        used for activities authorized under this part.
    ``(d) Application Requirements.--
            ``(1) In general.--Each eligible partnership desiring a 
        subgrant under this part shall submit an application to the 
        State educational agency, at such time, in such manner, and 
        accompanied by such information as the State educational agency 
        may require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    ``(A) the results of a comprehensive assessment of 
                the teacher quality and professional development needs, 
                with respect to the teaching and learning of 
                environmental content;
                    ``(B) an explanation of how the activities to be 
                carried out by the eligible partnership are expected to 
                improve student academic achievement and strengthen the 
                quality of environmental instruction;
                    ``(C) a description of how the activities to be 
                carried out by the eligible partnership--
                            ``(i) will be aligned with challenging 
                        State academic content standards and student 
                        academic achievement standards in environmental 
                        education, to the extent such standards exist, 
                        and with the State's environmental literacy 
                        plan under section 5622; and
                            ``(ii) will advance the teaching of 
                        interdisciplinary courses that integrate the 
                        study of natural, social, and economic systems 
                        and that include strong field components in 
                        which students have the opportunity to directly 
                        experience nature;
                    ``(D) a description of how the activities to be 
                carried out by the eligible partnership will ensure 
                that teachers are trained in the use of field-based or 
                service learning to enable the teachers--
                            ``(i) to use the local environment and 
                        community as a resource; and
                            ``(ii) to enhance student understanding of 
                        the environment and academic achievement;
                    ``(E) a description of--
                            ``(i) how the eligible partnership will 
                        carry out the authorized activities described 
                        in subsection (e); and
                            ``(ii) the eligible partnership's 
                        evaluation and accountability plan described in 
                        subsection (f); and
                    ``(F) a description of how the eligible partnership 
                will continue the activities funded under this part 
                after the grant period has expired.
    ``(e) Authorized Activities.--An eligible partnership shall use the 
subgrant funds provided under this part for 1 or more of the following 
activities related to elementary schools or secondary schools:
            ``(1) Creating opportunities for enhanced and ongoing 
        professional development of teachers that improves the 
        environmental subject matter knowledge of such teachers.
            ``(2) Creating opportunities for enhanced and ongoing 
        professional development of teachers that improves teachers' 
        pedagogical skills in teaching about the environment and 
        environmental issues, including in the use of--
                    ``(A) interdisciplinary, research-based, and field-
                based learning; and
                    ``(B) innovative technology in the classroom.
            ``(3) Establishing and operating environmental education 
        summer workshops or institutes, including follow-up training, 
        for elementary and secondary school teachers to improve their 
        pedagogical skills and subject matter knowledge for the 
        teaching of environmental education.
            ``(4) Developing or redesigning more rigorous environmental 
        education curricula that--
                    ``(A) are aligned with challenging State academic 
                content standards in environmental education, to the 
                extent such standards exist, and with the State 
                environmental literacy plan under section 5622; and
                    ``(B) advance the teaching of interdisciplinary 
                courses that integrate the study of natural, social, 
                and economic systems and that include strong field 
                components.
            ``(5) Designing programs to prepare teachers at a school to 
        provide mentoring and professional development to other 
        teachers at such school to improve teacher environmental 
        education subject matter and pedagogical skills.
            ``(6) Establishing and operating programs to bring teachers 
        into contact with working professionals in environmental fields 
        to expand such teachers' subject matter knowledge of, and 
        research in, environmental issues.
            ``(7) Creating initiatives that seek to incorporate 
        environmental education within teacher training programs or 
        accreditation standards consistent with the State environmental 
        literacy plan under section 5622.
            ``(8) Promoting outdoor environmental education activities 
        as part of the regular school curriculum and schedule in order 
        to further the knowledge and professional development of 
        teachers and help students directly experience nature.
    ``(f) Evaluation and Accountability Plan.--
            ``(1) In general.--Each eligible partnership receiving a 
        subgrant under this part shall develop an evaluation and 
        accountability plan for activities assisted under this part 
        that includes rigorous objectives that measure the impact of 
        the activities.
            ``(2) Contents.--The plan developed under paragraph (1) 
        shall include measurable objectives to increase the number of 
        teachers who participate in environmental education content-
        based professional development activities.
    ``(g) Report.--Each eligible partnership receiving a subgrant under 
this part shall report annually, for each year of the subgrant, to the 
State educational agency regarding the eligible partnership's progress 
in meeting the objectives described in the accountability plan of the 
eligible partnership under subsection (f).''.

TITLE III--ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD NATIONAL 
                                CAPACITY

SEC. 301. ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD NATIONAL 
              CAPACITY.

    Part D of title V (20 U.S.C. 7201 et seq.) (as amended by section 
101) is further amended by adding at the end the following:

          ``Subpart 23--Environmental Education Grant Program

``SEC. 5631. PURPOSES.

    ``The purposes of this subpart are--
            ``(1) to prepare children to understand and address major 
        environmental challenges facing the United States; and
            ``(2) to strengthen environmental education as an integral 
        part of the elementary school and secondary school curriculum.

``SEC. 5632. GRANT PROGRAM AUTHORIZED.

    ``(a) Definition of Eligible Partnership.--In this section, the 
term `eligible partnership' means a partnership that--
            ``(1) shall include a local educational agency; and
            ``(2) may include--
                    ``(A) the teacher training department of an 
                institution of higher education;
                    ``(B) the environmental department of an 
                institution of higher education;
                    ``(C) another local educational agency, a public 
                charter school, a public elementary school or secondary 
                school, or a consortium of such schools;
                    ``(D) a Federal, State, regional, or local 
                environmental or natural resource management agency, or 
                park and recreation department, that has demonstrated 
                effectiveness, expertise, and experience in the 
                development of the institutional, financial, 
                intellectual, or policy resources needed to help the 
                field of environmental education become more effective 
                and widely practiced; and
                    ``(E) a nonprofit organization that has 
                demonstrated effectiveness, expertise, and experience 
                in the development of the institutional, financial, 
                intellectual, or policy resources needed to help the 
                field of environmental education become more effective 
                and widely practiced.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to eligible partnerships to 
        enable the eligible partnerships to pay the Federal share of 
        the costs of activities under this subpart.
            ``(2) Duration.--Each grant under this subpart shall be for 
        a period of not less than 1 year and not more than 3 years.

``SEC. 5633. APPLICATIONS.

    ``Each eligible partnership desiring a grant under this subpart 
shall submit to the Secretary an application that contains--
            ``(1) a plan to initiate, expand, or improve environmental 
        education programs in order to make progress toward meeting--
                    ``(A) challenging State academic content standards 
                and student academic achievement standards in 
                environmental education, to the extent such standards 
                exist; and
                    ``(B) academic standards that are aligned with the 
                State's environmental literacy plan under section 5622; 
                and
            ``(2) an evaluation and accountability plan for activities 
        assisted under this subpart that includes rigorous objectives 
        that measure the impact of activities funded under this 
        subpart.

``SEC. 5634. USE OF FUNDS.

    ``Grant funds made available under this subpart shall be used for 1 
or more of the following:
            ``(1) Developing and implementing State curriculum 
        frameworks for environmental education that meet--
                    ``(A) challenging State academic content standards 
                and student academic achievement standards for 
                environmental education, to the extent such standards 
                exist; and
                    ``(B) academic standards that are aligned with the 
                State's environmental literacy plan under section 5622.
            ``(2) Replicating or disseminating information about proven 
        and tested model environmental education programs that--
                    ``(A) use the environment as an integrating theme 
                or content throughout the curriculum; or
                    ``(B) provide integrated, interdisciplinary 
                instruction about natural, social, and economic systems 
                along with field experience that provides students with 
                opportunities to directly experience nature in ways 
                designed to improve students' overall academic 
                performance, personal health (including addressing 
                child obesity issues), and understanding of nature.
            ``(3) Developing and implementing new policy approaches to 
        advancing environmental education at the State and national 
        level.
            ``(4) Conducting studies of national significance that--
                    ``(A) provide a comprehensive, systematic, and 
                formal assessment of the state of environmental 
                education in the United States;
                    ``(B) evaluate the effectiveness of teaching 
                environmental education as a separate subject, and as 
                an integrating concept or theme; or
                    ``(C) evaluate the effectiveness of using 
                environmental education-based field-based learning, 
                service learning or outdoor experiential learning in 
                helping improve--
                            ``(i) student academic achievement in 
                        mathematics, reading or language arts, science, 
                        or other core academic subjects;
                            ``(ii) student behavior;
                            ``(iii) student attendance; and
                            ``(iv) secondary school graduation rates.
            ``(5) Executing projects that advance widespread State and 
        local educational agency adoption and use of environmental 
        education content standards.

``SEC. 5635. REPORTS.

    ``(a) Eligible Partnership Report.--In order to continue receiving 
grant funds under this subpart after the first year of a multiyear 
grant under this subpart, the eligible partnership shall submit to the 
Secretary an annual report that--
            ``(1) describes the activities assisted under this subpart 
        that were conducted during the preceding year;
            ``(2) demonstrates that progress has been made in helping 
        schools to meet the State academic standards for environmental 
        education described in section 5634(1); and
            ``(3) describes the results of the eligible partnership's 
        evaluation and accountability plan.
    ``(b) Report to Congress.--Not later than 2 years after the date of 
enactment of the No Child Left Inside Act of 2009 and annually 
thereafter, the Secretary shall submit a report to Congress that--
            ``(1) describes the programs assisted under this subpart;
            ``(2) documents the success of such programs in improving 
        national and State environmental education capacity; and
            ``(3) makes such recommendations as the Secretary 
        determines appropriate for the continuation and improvement of 
        the programs assisted under this subpart.

``SEC. 5636. ADMINISTRATIVE PROVISIONS.

    ``(a) Federal Share.--The Federal share of a grant under this 
subpart shall not exceed--
            ``(1) 90 percent of the total costs of the activities 
        assisted under the grant for the first year for which the 
        program receives assistance under this subpart; and
            ``(2) 75 percent of such costs for each of the second and 
        third years.
    ``(b) Administrative Expenses.--Not more than 7.5 percent of the 
grant funds made available to an eligible partnership under this 
subpart for any fiscal year may be used for administrative expenses.
    ``(c) Availability of Funds.--Amounts made available to the 
Secretary to carry out this subpart shall remain available until 
expended.

``SEC. 5637. SUPPLEMENT, NOT SUPPLANT.

    ``Funds made available under this subpart shall be used to 
supplement, and not supplant, any other Federal, State, or local funds 
available for environmental education activities.''.
                                 <all>