[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 622 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 622

  To establish the Commission on Effective Regulation and Assessment 
                      Systems for Public Schools.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

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

_______________________________________________________________________

                                 A BILL


 
  To establish the Commission on Effective Regulation and Assessment 
                      Systems for Public Schools.

    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 ``Commission on Effective Regulation 
and Assessment Systems for Public Schools Act''.

SEC. 2. COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS FOR 
              PUBLIC SCHOOLS.

    (a) In General.--The Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.) is amended by adding at the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS 
                           FOR PUBLIC SCHOOLS

``SEC. 10001. DEFINITIONS.

    ``In this title:
            ``(1) Chairperson.--The term `Chairperson' means the 
        Chairperson of the Commission.
            ``(2) Commission.--The term `Commission' means the 
        Commission on Effective Regulation and Assessment Systems for 
        Public Schools.
            ``(3) Relevant committees.--The term `relevant committees' 
        means the Committee on Health, Education, Labor, and Pensions 
        of the Senate and the Committee on Education and the Workforce 
        of the House of Representatives.

``SEC. 10002. ESTABLISHMENT OF COMMISSION ON EFFECTIVE REGULATION AND 
              ASSESSMENT SYSTEMS FOR PUBLIC SCHOOLS.

    ``(a) In General.--Not later than 30 days after the date of 
enactment of the Commission on Effective Regulation and Assessment 
Systems for Public Schools Act, the Secretary shall establish a 
commission to be known as the `Commission on Effective Regulation and 
Assessment Systems for Public Schools'.
    ``(b) Purpose.--The Commission shall--
            ``(1) examine Federal, State, and local regulatory 
        requirements on elementary and secondary education;
            ``(2) make recommendations on how to align and improve such 
        Federal, State, and local requirements to improve performance 
        and innovation;
            ``(3) examine the quality and purpose of current Federal, 
        State, and local assessment requirements; and
            ``(4) make recommendations to improve and align assessment 
        systems to provide quality and meaningful information for 
        parents, teachers, and students to improve student achievement, 
        teacher performance, and innovation.
    ``(c) Membership.--
            ``(1) Composition.--The Commission shall be composed of--
                    ``(A) 4 Governors;
                    ``(B) 6 State legislators;
                    ``(C) 2 Chief State school officers;
                    ``(D) 2 State officials responsible for 
                administering Federal education programs;
                    ``(E) 4 superintendents;
                    ``(F) 2 principals;
                    ``(G) 2 teachers;
                    ``(H) 2 assessment experts; and
                    ``(I) 2 teacher and principal effectiveness 
                experts.
            ``(2) Recommendations.--The Secretary shall solicit input 
        and nominations for appointing members of the Commission from--
                    ``(A) Governors;
                    ``(B) members of Congress;
                    ``(C) State legislators;
                    ``(D) superintendents, principals, teachers, and 
                other members of the education community; and
                    ``(E) parents, students, and other members of the 
                general public.
            ``(3) Determination.--The Secretary shall determine the 
        membership of the Commission after considering recommendations 
        submitted under paragraph (2).
    ``(d) Chairperson.--The Secretary shall designate a Governor as the 
Chairperson of the Commission.
    ``(e) Meetings.--The Commission shall hold, at the call of the 
Chairperson, at least 1 meeting every 6 months. All such meetings shall 
be open to the public. The Commission may hold, at the call of the 
Chairperson, such other meetings as the Chairperson sees fit to carry 
out this title.
    ``(f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    ``(g) Initial Meeting.--The Commission shall hold its first meeting 
not later than 60 days after the date of enactment of the Commission on 
Effective Regulation and Assessment Systems for Public Schools Act.

``SEC. 10003. POWERS OF THE COMMISSION.

    ``(a) Hearings.--
            ``(1) In general.--The Commission shall hold such hearings, 
        sit and act at such times and places, take such testimony, and 
        receive such evidence as the Commission determines appropriate 
        to carry out this title.
            ``(2) Participation.--In hearings held under this 
        subsection, the Commission shall consider inviting witnesses 
        from, among other groups--
                    ``(A) teachers;
                    ``(B) parents;
                    ``(C) principals;
                    ``(D) superintendents;
                    ``(E) Federal, State, and local educational agency 
                personnel;
                    ``(F) researchers and other experts; and
                    ``(G) any other individuals determined appropriate 
                by the Commission.
    ``(b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out this title. Upon request of 
the Chairperson, the head of such department or agency shall furnish 
such information to the Commission.

``SEC. 10004. DUTIES OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall take such actions 
        as it determines necessary to gain a full understanding of the 
        issues of effective regulation and assessment systems for 
        public schools.
            ``(2) Areas of emphasis.--The Commission shall focus--
                    ``(A) in examining the over-regulation of public 
                schools, on--
                            ``(i) examining Federal, State and local 
                        regulations governing public schools;
                            ``(ii) differentiating between financial, 
                        programmatic, general education, special 
                        education, and civil rights requirements;
                            ``(iii) identifying which government entity 
                        requires each regulation;
                            ``(iv) measuring the cost of compliance in 
                        terms of funds spent on compliance and time in 
                        hours and personnel;
                            ``(v) identifying duplicative, redundant, 
                        or unnecessary regulations at each governmental 
                        level; and
                            ``(vi) investigating how Federal, State, 
                        and local interpretations of laws and 
                        regulations create additional or unnecessary 
                        burden and are used as rationale for imposing 
                        requirements that are not actually mandated by 
                        law; and
                    ``(B) in examining the effective testing of public 
                schools, on--
                            ``(i) examining Federal, State, and local 
                        testing and standardized assessment 
                        requirements for public elementary schools, 
                        middle schools, and high schools;
                            ``(ii) determining the purpose and intent 
                        of each such test or assessment, including 
                        whether it is intended to measure student 
                        achievement and growth, teacher and principal 
                        effectiveness, or system accountability;
                            ``(iii) determining the frequency, length, 
                        and scheduling of such tests and assessments, 
                        and measuring, in hours and days, the student 
                        and teacher time spent on testing;
                            ``(iv) examining standardized assessments 
                        required by Federal, State, or local 
                        requirements, excluding teacher-created tests 
                        and quizzes and formative assessments;
                            ``(v) reporting on the quality of 
                        standardized assessments;
                            ``(vi) examining reporting practices of 
                        test results and the degree to which they are 
                        returned in a timely manner with sufficient 
                        quality to be useful to parents, teachers and 
                        principals, and students to inform and improve 
                        their work, including targeting instruction to 
                        student needs, grading student work, and 
                        evaluating teacher and principal effectiveness;
                            ``(vii) analyzing the ability of quality 
                        assessments to measure whether a student is 
                        prepared to graduate from high school and 
                        pursue college or a career without the need for 
                        academic remediation;
                            ``(viii) examining what factors most 
                        contribute to quality assessments and the 
                        extent to which high-quality assessments can 
                        advance student learning;
                            ``(ix) determining the technology 
                        infrastructure required for next generation 
                        assessments; and
                            ``(x) identifying opportunities to improve 
                        assessment practices to better promote parent, 
                        teacher and principal, and student 
                        understanding of progress toward college and 
                        career readiness and public understanding of 
                        school performance and educational 
                        productivity.
            ``(3) Samples.--In conducting its work under this title, 
        the Commission may rely on samples of States and local school 
        districts for examples of regulations and testing requirements.
    ``(b) Reports.--
            ``(1) In general.--Subject to paragraph (2), the Commission 
        shall provide regular reports in a manner and form of the 
        Commission's choosing to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(2) Annual report.--Not later than 1 year after the date 
        of the first meeting of the Commission, and annually 
        thereafter, the Commission shall issue a report to--
                    ``(A) the Secretary; and
                    ``(B) the members of the relevant committees.
            ``(3) Public report.--The Commission shall--
                    ``(A) prepare a report--
                            ``(i) analyzing findings of the Commission; 
                        and
                            ``(ii) making recommendations for Federal, 
                        State, and local policy makers; and
                    ``(B) broadly disseminate such report to the 
                general public.
    ``(c) Testimony.--The Chairperson shall annually provide testimony 
to the relevant committees.

``SEC. 10005. COMMISSION PERSONNEL MATTERS.

    ``(a) Compensation of Members.--Each member of the Commission shall 
serve without compensation in addition to any such compensation 
received for the member's service as an officer or employee of the 
United States, if applicable.
    ``(b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter 1 of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    ``(c) Assistance.--
            ``(1) In general.--The Assistant Secretary of Elementary 
        and Secondary Education shall provide assistance to the 
        Commission, upon request of the Commission, without 
        reimbursement.
            ``(2) Detail of government employees.--Any Federal 
        Government employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Elementary and Secondary Education Act of 1965 is amended by adding at 
the end the following:

 ``TITLE X--COMMISSION ON EFFECTIVE REGULATION AND ASSESSMENT SYSTEMS 
                           FOR PUBLIC SCHOOLS

``Sec. 10001. Definitions.
``Sec. 10002. Establishment of Commission on Effective Regulation and 
                            Assessment Systems for Public Schools.
``Sec. 10003. Powers of the Commission.
``Sec. 10004. Duties of the Commission.
``Sec. 10005. Commission personnel matters.''.
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