[Congressional Record Volume 140, Number 100 (Wednesday, July 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


                IMPROVING AMERICA'S SCHOOLS ACT OF 1993

                                 ______


                DOMENICI (AND OTHERS) AMENDMENT NO. 2414

  Mr. Domenici (for himself, Mr. Dodd, Ms. Mikulski, Mr. Dorgan, and 
Mr. Pell) proposed an amendment to the bill (S. 1513) entitled 
``Improving America's Schools Act of 1993''; as follows:

       On page 1035, between lines 11 and 12, insert the 
     following:

      ``PART P--PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT

     ``SEC. 8901. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to make up 
     to a total of 10 grants annually to partnerships of State 
     educational agencies and local educational agencies for the 
     design and implementation of character education programs 
     that incorporate the elements of character listed in section 
     8904, as well as other character elements identified by 
     applicants.
       ``(b) Maximum Amount of Grant.--No State educational agency 
     shall receive more than a total of $1,000,000 in grants under 
     this part.
       ``(c) Duration.--Each grant under this part shall be 
     awarded for a period not to exceed 5 years, of which the 
     State educational agency shall not use more than 1 year for 
     planning and program design.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 1995 $6,000,000, and such 
     sums as may be necessary for each fiscal year thereafter to 
     carry out this part.

     ``SEC. 8902. STATE EDUCATIONAL AGENCY APPLICATIONS.

       ``(a) Requirement.--Each State educational agency desiring 
     a grant under this part shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       ``(b) Partnerships.--Each State educational agency desiring 
     a grant under this part shall form a partnership with at 
     least one local educational agency to be eligible for 
     funding. The partnership shall--
       ``(1) pursue State and local initiatives to meet the 
     objectives of this part; and
       ``(2) establish a character education clearinghouse at the 
     State level to make information and materials available to 
     local educational agencies.
       ``(c) Application.--Each application under this part shall 
     include--
       ``(1) a list of the local educational agencies entering 
     into the partnership with the State educational agency;
       ``(2) a description of the goals of the partnership;
       ``(3) a description of activities that will be pursued by 
     the participating local educational agencies, including--
       ``(A) how parents, students, and other members of the 
     community, including members of private and nonprofit 
     organizations, will be involved in the design and 
     implementation of the program;
       ``(B) curriculum and instructional practices;
       ``(C) methods of teacher training and parent education that 
     will be used or developed; and
       ``(D) examples of activities that will be carried out under 
     this part;
       ``(4) a description of how the State educational agency 
     will provide technical and professional assistance to its 
     local educational agency partners in the development and 
     implementation of character education programs;
       ``(5) a description of how the State educational agency 
     will evaluate the success of local programs and how local 
     educational agencies will evaluate the progress of their own 
     programs;
       ``(6) a description of how the State educational agency 
     will assist other interested local educational agencies that 
     are not members of the original partnership in designing and 
     establishing programs;
       ``(7) a description of how the State educational agency 
     will establish a clearinghouse for information on model 
     programs, materials, and other information the State and 
     local educational agencies determine to be appropriate;
       ``(8) an assurance that the State educational agency will 
     annually provide to the Secretary such information as may be 
     required to determine the effectiveness of the program; and
       ``(9) any other information that the Secretary may require.
       ``(d) Non-Partner Local Educational Agencies.--Any local 
     educational agency that was not a partner with the State when 
     the application was submitted may become a partner by 
     submitting an application for partnership to the State 
     educational agency, containing such information that the 
     State educational agency may require.

     ``SEC. 8903. EVALUATION AND PROGRAM DEVELOPMENT.

       ``(a) Requirement.--Each State educational agency receiving 
     a grant under this part shall submit to the Secretary a 
     comprehensive evaluation of the program assisted under this 
     part, including the impact on students, teachers, 
     administrators, parents, and others--
       ``(1) by the mid-term of the program; and
       ``(2) not later than 1 year after completion of such 
     program.
       ``(b) Contracts for Evaluation.--Each State educational 
     agency receiving a grant under this part may contract with 
     outside sources, including institutions of higher education, 
     and private and nonprofit organizations, for purposes of 
     evaluating their program and measuring the success of the 
     program toward fostering in students the elements of 
     character listed in section 8904.
       ``(c) Factors.--Factors which may be considered in 
     evaluating the success of the program may include--
       ``(1) discipline problems;
       ``(2) students' grades;
       ``(3) participation in extracurricular activities;
       ``(4) parental and community involvement;
       ``(5) faculty and administration involvement; and
       ``(6) student and staff morale.
       ``(d) Materials and Program Development.--Local educational 
     agencies, after consulting with the State educational agency, 
     may contract with outside sources, including institutions of 
     higher education, and private and nonprofit organizations, 
     for assistance in developing curriculum, materials, teacher 
     training, and other activities related to character 
     education.

     ``SEC. 8904. ELEMENTS OF CHARACTER.

       ``(a) In General.--Applicants desiring funding under this 
     part shall develop character education programs that 
     incorporate the following elements of character:
       ``(1) Caring.
       ``(2) Civic virtue and citizenship.
       ``(3) Justice and fairness.
       ``(4) Respect.
       ``(5) Responsibility.
       ``(6) Trustworthiness.
       ``(7) Any other elements deemed appropriate by the members 
     of the partnership.
       ``(b) Additional Elements of Character.--A local 
     educational agency participating under this part may, after 
     consultation with schools and communities of such agency, 
     define additional elements of character that the agency 
     determines to be important to the schools and communities of 
     such agency.

     ``SEC. 8905. USE OF FUNDS.

       ``Of the total funds received by a State educational agency 
     in any fiscal year under this part--
       ``(1) not more than 30 percent of such funds may be 
     retained by the State educational agency, of which--
       ``(A) not more than 10 percent of such funds may be used 
     for administrative purposes; and
       ``(B) the remainder of such funds may be used for--
       ``(i) collaborative initiatives with local educational 
     agencies;
       ``(ii) the establishment of the clearinghouse, preparation 
     of materials, teacher training; and
       ``(iii) other appropriate activities; and
       ``(2) the remaining of such funds shall be used to award 
     subgrants to local educational agencies, of which--
       ``(A) not more than 10 percent of such funds may be 
     retained for administrative purposes; and
       ``(B) the remainder of such funds may be used to--
       ``(i) award subgrants to schools within the local 
     educational agency; and
       ``(ii) pursue collaborative efforts with the State 
     educational agency.

     ``SEC. 8906. SELECTION OF GRANTEES.

       ``(a) Criteria.--The Secretary shall select, through peer 
     review, partnerships to receive grants under this part on the 
     basis of the quality of the applications submitted under 
     section 8902, taking into consideration such factors as--
       ``(1) the quality of the activities proposed by local 
     educational agencies;
       ``(2) the extent to which the program fosters in students 
     the elements of character;
       ``(3) the extent of parental, student, and community 
     involvement;
       ``(4) the number of local educational agencies involved in 
     the effort;
       ``(5) the quality of the plan for measuring and assessing 
     success; and
       ``(6) the likelihood that the goals of the program will be 
     realistically achieved.
       ``(b) Diversity of Projects.--The Secretary shall approve 
     applications under this part in a manner that ensures, to the 
     extent practicable, that programs assisted under this part--
       ``(1) serve different areas of the Nation, including urban, 
     suburban, and rural areas; and
       ``(2) serve schools that serve minorities, Native 
     Americans, students of limited-English proficiency, and 
     disadvantaged students.

                                 ______


                      KASSEBAUM AMENDMENT NO. 2415

  Mrs. KASSEBAUM proposed an amendment to the bill S. 1513, supra; as 
follows:

       On page 1165, between lines 21 and 22, insert the 
     following:

     SEC. 10607. SCHOOL PRAYER.

       Any State or local education agency that is adjudged by a 
     Federal court of competent jurisdiction to have willfully 
     violated a Federal court order mandating that such local 
     educational agency remedy a violation of the constitutional 
     right of any student with respect to prayer in public 
     schools, in addition to any other judicial remedies, shall be 
     ineligible to receive Federal funds until such time as the 
     local educational agency complies with such order. Funds that 
     are withheld under this section shall not be reimbursed for 
     the period during which the local educational agency was in 
     willful noncompliance.
                                 ______


                 HELMS (AND OTHERS) AMENDMENT NO. 2416

  Mr. HELMS (for himself, Mr. Lott, Mr. Thurmond, and Mr. Nickles) 
proposed an amendment to the bill S. 1513, supra; as follows:

       At the appropriate place, add the following:

     SEC.   . PROHIBITION AGAINST FUNDS FOR PROTECTED PRAYER.

       Notwithstanding any provision of law, no funds made 
     available through the Department of Education under this Act, 
     or any other Act, shall be available to any State or local 
     educational agency which has a policy of denying or which 
     effectively prevents participation in, constitutionally 
     protected prayer in public schools by individuals on a 
     voluntary basis. Neither the United States nor any state nor 
     any local educational agency shall require any person to 
     participate in prayer or influence the form or content of any 
     constitutionally protected prayer in such public schools.
                                 ______


                  DOLE (AND OTHERS) AMENDMENT NO. 2417

  Mr. DOLE (for himself, Mr. Coats, Mr. Lieberman, Mr. Danforth, Mr. 
Simpson, and Mr. Thurmond) proposed an amendment to the bill S. 1513, 
supra; as follows:

       On page 1296, after line 25, insert the following:
      ``TITLE XVII--FIGHT OR FLIGHT: PROTECTING AMERICAN STUDENTS

     ``SEC. 1701. SHORT TITLE.

       ``This title may be cited as the `Fight or Flight: 
     Protecting American Students Act of 1994'.

     ``SEC. 1702. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) violence and crime have increased significantly in 
     our Nation's schools;
       ``(2) it is estimated that 3,000,000 violent acts or thefts 
     occur in or near schools, and that one in five high school 
     students carries a weapon;
       ``(3) the incidence of violence and criminal activity 
     within elementary and secondary schools threatens the school 
     environment and interferes with the learning process; and
       ``(4) students have a right to be safe and secure in their 
     persons while attending school.
       ``(b) Purpose.--It is the purpose of this title--
       ``(1) to provide children from low-income families who 
     attend violence-prone schools with the option of attending 
     safer elementary and secondary schools;
       ``(2) to improve schools and academic programs by providing 
     certain low-income parents with increased consumer power and 
     dollars to choose safer schools and programs that such 
     parents determine best fit the needs of their children;
       ``(3) to engage more fully certain low-income parents in 
     their children's schooling;
       ``(4) through families, to provide at the school site new 
     dollars that teachers and principals may use to help certain 
     children achieve the high educational standards called for by 
     the National Education Goals; and
       ``(5) to demonstrate, through a competitive discretionary 
     demonstration grant program, the effects of programs that 
     provide certain low-income families with more of the same 
     choices regarding all schools, including public, private, or 
     religious schools, that wealthier families have.

     ``SEC. 1703. DEFINITIONS.

       ``As used in this title--
       ``(1) the term `choice school' means any public or private 
     elementary or secondary school, including a private sectarian 
     school, that is not a violence-prone school;
       ``(2) the term `eligible child' means a child in grades 1 
     through 12 who--
       ``(A) is eligible for free or reduced price meals under the 
     National School Lunch Act; and
       ``(B) attended a violence-prone school prior to receiving 
     assistance under this title;
       ``(3) the term `State' means each of the 50 States, the 
     District of Columbia and the Commonwealth of Puerto Rico; and
       ``(4) the term `violence-prone school' means a school 
     that--
       ``(A) serves an area in which there is a high rate of--
       ``(i) homicides committed by persons between the ages 5 to 
     18, inclusive;
       ``(ii) referrals of youth to juvenile court;
       ``(iii) youth under the supervision of the courts;
       ``(iv) expulsions and suspensions of students from school;
       ``(v) referrals of youth, for disciplinary reasons, to 
     alternative schools; or
       ``(vi) victimization of youth by violence, crime, or other 
     forms of abuse; and
       ``(B) has serious school crime, violence, and discipline 
     problems, as indicated by other appropriate data.

     ``SEC. 1704. FUNDING AND RESERVATION.

       ``(a) Funding.--From amounts appropriated to carry out the 
     Goals 2000: Educate America Act, the Secretary shall make 
     available $30,000,000 for each of the fiscal years 1995 
     through 1997.
       ``(b) Reservation.--Of the sums made available pursuant to 
     subsection (a) for any fiscal year, the Secretary may reserve 
     not more than $1,500,000 over three years to carry out the 
     national evaluation described in section 1711.

     ``SEC. 1705. PROGRAM AUTHORIZED.

       ``(a) Authority.--The Secretary is authorized to make not 
     more than 20 grants nationally, on a competitive basis, to 
     States to enable such States to carry out educational choice 
     demonstration projects in accordance with this title.
       ``(b) Amount.--The Secretary shall award grants under this 
     title annually, and shall determine the amount of such grants 
     by taking into account the availability of appropriations, 
     the number and quality of applications, and other factors 
     related to the purposes of this title that the Secretary 
     determines are appropriate.
       ``(c) Supplement Not Supplant.--Grant funds awarded under 
     this title shall be used to supplement and not to supplant 
     State and local funds that would, in the absence of funds 
     under this title, be made available to public elementary and 
     secondary schools for the activities assisted under this 
     title.

     ``SEC. 1706. SCHOLARSHIPS.

       ``(a) In General.--
       ``(1) Use of funds for scholarships.--Each State receiving 
     funds under this title shall use such funds to provide 
     scholarships to the parents of eligible children.
       ``(2) Number.--Each State shall determine the number of 
     scholarships to be awarded in such State.
       ``(3) Amount.--(A) Subject to subparagraph (B), each State 
     shall determine the amount of each scholarship in such State.
       ``(B) The amount of a scholarship under this title in a 
     State shall be the same for every site in such State.
       ``(b) Special Rule.--Notwithstanding any other provision of 
     law, the amount of scholarship assistance received under this 
     title shall not be deemed to be income of the parents or 
     child for Federal income tax purposes or for purposes of 
     determining eligibility for any other Federal assistance.
       ``(c) Continuation.--Subject to the limitation paragraph 
     ``d'' each State receiving funds under this title may provide 
     a scholarship in each year of the State's program to the 
     parents of each eligible child to whom the State provided a 
     scholarship in the previous year of the program, unless--
       ``(1) the eligible child no longer resides within the area 
     served by a violence-prone school; or
       ``(2) the eligible child no longer attends an elementary or 
     secondary school.
       ``(d) Special Rule.--If the amount of the grant made to a 
     State under this title is not sufficient to provide all of 
     the scholarships to the parents of each eligible child who is 
     served by the State, then the State shall only be required to 
     provide scholarships to parents of the eligible children who 
     are from the lowest income families to the extent that they 
     are funded.

     ``SEC. 1707. APPLICATIONS.

       ``(a) In General.--Each State that desires a grant under 
     this title shall submit an application to the Secretary at 
     such time and in such manner as the Secretary may prescribe.
       ``(b) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(1) information demonstrating that the State will comply 
     with the other requirements of this title;
       ``(1)(a) a definition of violence prone school using the 
     parameters set forth in section 1703.
       ``(2) a description of the procedures to be used to provide 
     scholarships to parents and to enable parents to redeem those 
     scholarships, such as the issuance of checks payable both to 
     parents and to schools; and
       ``(3) a description of--
       ``(A) the procedures by which a choice school will make a 
     pro rata refund to the State for any participating eligible 
     child who, before completing 50 percent of the choice school 
     attendance period for which the scholarship was issued--
       ``(i) is released or expelled from the choice school; or
       ``(ii) withdraws from the choice school for any reason; or
       ``(B) another refund policy that addresses special 
     circumstances the State can reasonably anticipate and that 
     the State demonstrates, to the Secretary's satisfaction, 
     adequately protects participating eligible children, in 
     accordance with the purposes of this title,
     except that no such refund procedure or policy shall require 
     a choice school to refund any portion of funds received under 
     this title due to a permanent change of residence of a parent 
     of an eligible child for whom scholarship assistance under 
     this title was awarded.
       ``(c) Updating.--Each such application shall be updated 
     annually in such manner as the Secretary may determine 
     necessary to reflect revised conditions.

     ``SEC. 1708. USE OF SCHOLARSHIP FUNDS.

       ``The Federal portion of any scholarship awarded to the 
     parents of an eligible child under this title shall be used 
     in the following sequence:
       ``(1) First.--First, for--
       ``(A) the payment of tuition and fees at a choice school 
     that is selected by the parents of the child for whom the 
     scholarship was provided; and
       ``(B) the reasonable costs of the eligible child's 
     transportation to the choice school, if--
       ``(i) the choice school is not the school to which the 
     eligible child would be assigned in the absence of a program 
     assisted under this title; and
       ``(ii) the parents of an eligible child choose to use the 
     scholarship funds for such transportation.
       ``(2) Second.--Second, if the parents so choose, to obtain 
     supplementary academic services for the eligible child, at a 
     cost of not more than $500, from any provider chosen by the 
     parents that the State, in accordance with regulations 
     prescribed by the Secretary, determines is capable of 
     providing such services and has an appropriate refund policy.
       ``(3) Third.--Third--
       ``(A) if the child attends a public choice school, any 
     remaining funds shall be made available to such school to 
     enable such school to conduct educational programs that help 
     students at such school achieve high levels of academic 
     excellence; or
       ``(B) if the child attends a private choice school, any 
     remaining funds shall be made available to the State to 
     enable the State to award additional scholarships under this 
     title in that year or the succeeding year of the State's 
     program.

     ``SEC. 1709. REQUIREMENTS.

       ``(a) Effect on Other Programs.--
       ``(1) In general.--Eligible children participating in a 
     demonstration project under this title, who, in the absence 
     of such project, would have received services under part A of 
     title I of this Act shall be provided such services.
       ``(2) Part b of the individuals with disabilities education 
     act.--Nothing in this title shall be construed to affect the 
     applicability or requirements of part B of the Individuals 
     with Disabilities Education Act.
       ``(b) Counting of Children.--Notwithstanding any other 
     provision of law, for purposes of receiving funds under any 
     program administered by the Secretary, any school 
     participating in a demonstration project under this title may 
     count eligible children who, in the absence of such project, 
     would attend such school.
       ``(c) Information.--Notwithstanding section 9 of the 
     National School Lunch Act, a State receiving a grant under 
     this title may use information collected for the purpose of 
     determining eligibility for free or reduced price meals to 
     determine a child's eligibility to participate in a 
     demonstration project under this title. All such information 
     shall otherwise remain confidential, and information 
     pertaining to income may be disclosed only to persons who 
     need that information for the purposes of a demonstration 
     project under this title.
       ``(d) Special Rules.--
       ``(1) Assistance to families not institutions.--
     Scholarships under this title shall be considered to be aid 
     to families, not institutions. A parent's expenditure of 
     scholarship funds at a choice school or for supplementary 
     academic services under this title shall not be construed to 
     be Federal financial aid or assistance to that school or to 
     the provider of those supplementary academic services.
       ``(2) Antidiscrimination provisions.--
       ``(A) In general.--Notwithstanding the provisions of 
     paragraph (1), in order to receive scholarship funds under 
     this title a choice school or provider of academic services 
     under this title shall comply with the antidiscrimination 
     provisions of section 601 of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d), section 901 of the Education Amendments of 
     1972 (20 U.S.C. 1681), and section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794).
       ``(B) Implementing regulations required.--The Secretary 
     shall promulgate regulations to implement the provisions of 
     this paragraph, taking into account the purposes of this 
     title and the nature, variety, and missions of choice schools 
     and providers that may participate in providing services to 
     children under this title.
       ``(e) Consideration of Federal Funds Prohibited.--No 
     Federal, State, or local agency may, in any fiscal year, take 
     into account Federal funds provided to a State or to the 
     parents of any child under this title in determining whether 
     to provide any other funds from Federal, State, or local 
     resources, or in determining the amount of such assistance, 
     to such State or to the choice school attended by such child.
       ``(f) State Law.--Nothing in this title shall be construed 
     to supersede or modify any provision of a State constitution 
     or State law that prohibits the expenditure of public funds 
     in or by religious or other private institutions, except that 
     no provision of a State constitution or State law shall be 
     construed or applied to prohibit any State from paying the 
     administrative costs of a program under this title or 
     providing any Federal funds received under this title to 
     parents for use at a religious or other private institution.
       ``(g) Secretary.--Nothing in this title shall be construed 
     to authorize the Secretary to exercise any direction, 
     supervision, or control over the curriculum, program of 
     instruction, administration, or personnel of any educational 
     institution or school participating in a program assisted 
     under this title.
       ``(h) Construction.--Nothing in this title shall be 
     construed to interfere with any desegregation plans that 
     involve school attendance areas affected by this title.

     ``SEC. 1710. PARENTAL NOTIFICATION.

       ``Each State receiving a grant under this title shall 
     provide timely notice of the demonstration project to parents 
     of eligible children residing in the area to be served. At a 
     minimum, such notice shall--
       ``(1) describe the demonstration project;
       ``(2) describe the eligibility requirements for 
     participation;
       ``(3) describe the information needed to establish a 
     child's eligibility for participation in the demonstration 
     project;
       ``(4) describe the selection procedures to be used if the 
     number of eligible children seeking to participate exceeds 
     the number that can be accommodated;
       ``(5) provide a list of violence-prone schools located in 
     the State; and
       ``(6) include the schedule for parents to apply for their 
     children to participate.

     ``SEC. 1711. EVALUATION.

       ``From funds reserved under section ____02(b), the 
     Secretary shall conduct a national evaluation of the 
     activities assisted under this title. Such evaluation shall, 
     at a minimum--
       ``(1) assess the implementation of projects assisted under 
     this title and such projects' effect on the participants, 
     schools, and communities served under this title, including 
     the degree of parental involvement in, and satisfaction with, 
     the project and their children's education; and
       ``(2)(A) evaluate the educational achievement of eligible 
     children who participate in the projects assisted under this 
     title, during the periods--
       ``(i) before the provision of scholarship assistance under 
     this title;
       ``(ii) during such provision; and
       ``(iii) after such provision; and
       ``(B) compare such achievement with such achievement, 
     during comparable periods, of similar children who do not so 
     participate.

     ``SEC. 1712. REPORTS.

       ``(a) Report by Grant Recipient.--Each State receiving a 
     grant under this title shall submit an annual report to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(b) Report by Secretary.--
       ``(1) In general.--The Secretary shall report annually to 
     the President and the President shall report annually to the 
     Congress on the progress of the demonstration projects 
     assisted under this title, including information submitted by 
     each State receiving a grant under this title and from other 
     sources.
       ``(2) Submission.--The Secretary shall submit a report to 
     the President and the President shall submit a report to the 
     Congress on the national evaluation described in section 1711 
     within 9 months after the conclusion of the demonstration 
     projects assisted under this title.

     ``SEC. 1713. ENFORCEMENT.

       ``(a) Regulations.--The Secretary shall promulgate 
     regulations to enforce the provisions of this title.
       ``(b) Private Cause of Action Prohibited.--No provision or 
     requirement of this title shall be enforced through a private 
     cause of action.''.

     

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