[Congressional Record Volume 140, Number 8 (Thursday, February 3, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: February 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 REAFFIRMATION OF THE ROLE OF STATE AND LOCAL GOVERNMENTS IN EDUCATION

  Mr. ROTH. Madam President, I am offering this amendment to the 
committee substitute to S. 1150 to reaffirm the role of State and local 
governments in education. During our debate on this bill the 
distinguished chairman of the Senate Labor and Human Resources 
Committee, Senator Kennedy, and the ranking minority member, Senator 
Kassebaum, have outlined in their statements with respect to the 
committee substitute that we in no way intend to preempt State and 
local government responsibility for education through enactment of this 
legislation. Language has been added to the bill by Senator Gregg which 
stipulates certain activities such as per pupil spending, school 
building standards, curriculum content, class size, teacher 
certification, or instructional practices may not be mandated. However, 
because the issue of State and local control of education is so 
critically important I feel it is imperative that we underscore this 
principle. That is the purpose of my amendment.
  The legislative process involved in the creation of the Department of 
Education was lengthy and deliberative. The Government Affairs 
Committee held over a dozen hearings, taking testimony from 125 
witnesses over a 2-year period. In elevating education to department 
status the Congress hoped to achieve two primary benefits. The first 
benefit was to enhance the stature of education and emphasize the 
importance we attach to education in this country. The second benefit 
was to bring a focus to our educational effort at the Federal level. As 
a component of the Department of Health, Education, and Welfare 
educational leadership was fragmented under three different officials 
with over 40 statutorily created bureaus and offices; the ``E'' in HEW 
was thought to be overwhelmed by the demands of Health and Welfare 
which constituted 95 percent of the budget of HEW at that time.
  A principle concern in the creation of the Department was the careful 
construction of the perceived Federal role in education in our country 
which is supplementary and complimentary to the efforts of State and 
local governments. Educational governance at the State and local level 
has a long and solid history in our country and the legislation 
creating the Department clearly sets out this principle in the statute 
itself. I worked in the Government Affairs Committee with Senator 
Danforth and my colleagues at that time to clearly establish 
congressional intent with respect to the conduct and operation of our 
educational programs to ensure that the rights of State and local 
governments were protected in this regard. Senator Ribicoff, our able 
chairman of the committee at the time was fully supportive of our 
effort and intent. The amendment I am proposing today is a 
reaffirmation of this declaration.
  Mr. President, the publication of the landmark report ``A Nation At 
Risk'' in 1983 dramatically highlighted our disappointing, some might 
say dismal, educational performance and brought into sharp focus the 
need to attend to improvement in our educational system. Scores of 
other reports followed and the educational reform movement began.
  I have a very serious concern that the quest for improvement in 
educational achievement and performance may lead some to assert Federal 
pre-eminence in education. Our educational system is enormous and 
diverse. Over 60 million people--almost one out of every four 
Americans--is enrolled in school at the elementary, secondary, or 
postsecondary level. Another 3.7 million people are employed as 
elementary and secondary teachers and faculty of colleges and 
universities, and 4 million more work in the administrative, 
professional, and support staff functions. In addition thousands of 
everyday citizens participate in State and local school boards 
governing over 15,000 school districts and 110,000 schools. I think the 
plurality in our educational system is one of our great strengths as is 
the notion of equality and access to educational opportunities. I 
strongly believe that results in achieving the educational goals 
enunciated by our Governors and codified in the committee substitute to 
S. 1150 can only be realized through State and local control. 
Educational improvement is dependent upon the input of parents, 
teachers, principals, school administrators, and the students 
themselves and this can only be fostered at the State and local level 
where responsiveness and innovation can occur. I think it is critically 
important to recognize this principal and to reaffirm the rights and 
responsibilities of our State and local governments in education.
  It is my understanding that the committee substitute for S. 1150 has 
been designed with the principle of State and local control in mind. 
Section 402 of the committee substitute to S. 1150 specifically 
stipulates that nothing in the bill be construed to supersede the 
provisions of section 103 of the Department of Education Organization 
Act. As the author of the section 103 language I think we must 
underscore this point with even greater clarity. The language of my 
amendment is taken directly from Public Law 96-88, the Department of 
Education Organization Act. It includes the language from the findings 
under the act that in our Federal system the responsibility for 
education is reserved respectively to the State and the local school 
systems and other instrumentalities of the States. My amendment 
includes the language from the Act which stipulates that the purpose of 
the Department of Education was to supplement and complement the 
efforts of States, the local school systems, and other 
instrumentalities of the States, the private sector, public and private 
educational institutions, public and private nonprofit educational 
research institutions, community based organizations, parents and 
schools to improve the quality of education and it includes the 
language from the Department of Education Organization Act which states 
that Congress intended to protect the rights of State and local 
governments and public and private educational institutions in the 
areas of educational policies and administration of programs and to 
strengthen and improve the control of such governments and institutions 
over their own educational programs and policies. My amendment 
reaffirms that we agree with these principles and that no action shall 
be taken under the provisions of the Educate America Goals 2000 Act by 
the Federal Government which would, directly or indirectly, impose 
standards or requirements of any kind through the promulgation of 
rules, regulations, or otherwise, which would reduce, modify, or 
undercut State and local responsibility for control of education.
  Madam President, it is my understanding this amendment is 
satisfactory to the managers of the bill.
  I look forward to it being adopted.
  The PRESIDING OFFICER (Ms. Moseley-Braun). The Senator from Vermont.
  Mr. JEFFORDS. Madam President, first I commend the Senator for his 
amendment. It is very articulately stated and very clear, as to what 
the intent is. It will be very helpful as we proceed into conference.
  I also know the bill is no longer pending. I would let the Senator 
from Delaware know that I know of no objection to this on this side of 
the aisle and Senator Kennedy is authorized to say there is no 
objection on the other side of the aisle. I will make sure it is 
contained in the management package which will be put before this body.
  The PRESIDING OFFICER (Ms. Moseley-Braun). Who seeks recognition? The 
Senator from Arkansas.
  Mr. BUMPERS. I thank the Chair.
  (The remarks of Mr. Bumpers pertaining to the introduction of S. 1825 
are located in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. RIEGLE addressed the Chair.
  The PRESIDING OFFICER. The Senator from Michigan.

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