[Congressional Record Volume 140, Number 103 (Monday, August 1, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 1, 1994]


 
                          AMENDMENTS SUBMITTED

                                 ______


                    IMPROVING AMERICA'S SCHOOLS ACT

                                 ______


                      DANFORTH AMENDMENT NO. 2430

  Mr. DANFORTH proposed an amendment to the bill (S. 1513) a bill 
entitled ``Improving America's Schools Act of 1993''; as follows:

       On page 650, between lines 3 and 4, insert the following:

        ``PART H--EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM

     ``SEC. 1801. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) while low-income students have made significant gains 
     with respect to educational achievement and attainment, 
     considerable gaps still persist for these students in 
     comparison to those from more affluent socio-economic 
     backgrounds;
       ``(2) our Nation has a compelling interest in assuring that 
     all children receive a high quality education;
       ``(3) new methods and experiments to revitalize educational 
     achievement and opportunities of low-income individuals must 
     be a part of any comprehensive solution to the problems in 
     our Nation's educational system;
       ``(4) preliminary research shows that same gender classes 
     and schools may produce promising academic and behavioral 
     improvements in both sexes for low-income, educationally 
     disadvantaged students;
       ``(5) extensive data on same gender classes and schools are 
     needed to determine whether same gender classes and schools 
     are closely tailored to achieving the compelling government 
     interest in assuring that all children are educated to the 
     best of their ability;
       ``(6) in recent years efforts to experiment with same 
     gender classes and schools have been inhibited by lawsuits 
     and threats of lawsuits by private groups as well as 
     governmental entities; and
       ``(7) there is a compelling government interest in granting 
     the Secretary authority to insulate a limited number of local 
     educational agencies and schools which are experimenting with 
     same gender classes for a limited period of time from certain 
     law suits under title IX of the Education Amendments of 1972, 
     section 204 of the Education Amendments of 1974, section 1979 
     of the Revised Statutes (42 U.S.C. 1983), or any other law 
     prohibiting discrimination on the basis of sex, in order to 
     collect data on the effectiveness of such classes in 
     educating children from low-income, educationally 
     disadvantaged backgrounds.
       ``(b) Purposes.--It is the purpose of this part--
       ``(1) to give the Secretary discretion to allow 
     experimentation with same gender classes for low-income, 
     educationally disadvantaged students;
       ``(2) to determine whether same gender classes make a 
     difference in the educational achievement and opportunities 
     of low-income, educationally disadvantaged individuals; and
       ``(3) to involve parents in the educational options and 
     choices of their children.

     ``SEC. 1802. DEFINITIONS.

       ``As used in this part--
       ``(1) the term `educational opportunity school' means a 
     public elementary, middle, or secondary school receiving 
     funds under this title, or a consortium of such schools all 
     of which receive funds under this title, that--
       ``(A) establishes a plan for voluntary, same gender classes 
     at one or more than one school in the community;
       ``(B) provides same gender classes for both boys and girls, 
     as well as a co-educational option for any parent that 
     chooses that option;
       ``(C) gives parents the option of choosing to send their 
     child to a same gender class or to a co-educational class;
       ``(D) admits students on the basis of a lottery, if more 
     students apply for admission to the same gender classes than 
     can be accommodated;
       ``(E) has a program in which a member of the community is 
     asked to volunteer such member's time in classes of children 
     of the same gender as the member; and
       ``(F) operates in pursuit of improving achievement among 
     all children based on a specific set of educational 
     objectives determined by the local educational agency 
     applying for a grant under this part, in conjunction with the 
     educational opportunity advisory board established under 
     section 1803(e) and agreed to by the Secretary; and
       ``(2) the term `educational opportunity advisory board' 
     means an advisory board established in accordance with 
     section 1803(e).

     ``SEC. 1803. PROGRAM AUTHORIZED.

       ``(a) In General.--From amounts made available under 
     section 1002(f)(3), the Secretary may award grants to ten 
     local educational agencies for the design and operation of 
     one or more educational opportunity schools.
       ``(b) Inapplicability.--Title IX of the Education 
     Amendments of 1972, section 204 of the Education Amendments 
     of 1974, section 1979 of the Revised Statutes (42 U.S.C. 
     1983), and any other law prohibiting discrimination on the 
     basis of sex, shall not apply to a local educational agency 
     or an educational opportunity school during the period such 
     agency or school receives assistance under this part only to 
     the extent the Secretary determines necessary to ensure the 
     development and operation of same gender classes in 
     accordance with this part.
       ``(c) Grant Periods.--Each grant under subsection (a) may 
     be awarded for a period of not more than 5 years, of which a 
     local educational agency may use not more than 1 year for 
     planning and program development.
       ``(d) Limitation.--The Secretary shall not award more than 
     one grant under this part to support a particular educational 
     opportunity school or consortium of such schools.
       ``(e) Educational Opportunity Advisory Board.--Each local 
     educational agency receiving a grant under this part shall 
     establish an educational opportunity advisory board. Such 
     advisory board shall be composed of school administrators, 
     parents, teachers, local government officials and volunteers 
     involved with an educational opportunity school. Such 
     advisory board shall assist the local educational agency in 
     developing the application for assistance under section 1804 
     and serve as an advisory board in the functioning of the 
     educational opportunity school.

     ``SEC. 1804. APPLICATIONS.

       ``(a) Applications Required.--Each local educational agency 
     desiring a grant under this part shall submit, within 180 
     days of the date of enactment of the Improving America's 
     Schools Act of 1994, an application to the Secretary at such 
     time, in such manner and accompanied by such information as 
     the Secretary may reasonably require.
       ``(b) Scope of Application.--Each application described in 
     subsection (a) may request assistance for a single 
     educational opportunity school or for a consortium of such 
     schools.
       ``(c) Application Contents.--Each application described in 
     subsection (a) shall include--
       ``(1) a description of the educational program to be 
     implemented by the proposed educational opportunity school, 
     including--
       ``(A) the grade levels or ages of children to be served; 
     and
       ``(B) the curriculum and instructional practices to be 
     used;
       ``(2) a description of the objectives of the local 
     educational agency and a description of how such agency 
     intends to monitor and study the progress of children 
     participating in the educational opportunity school;
       ``(3) a description of how the local educational agency 
     intends to include in the educational opportunity school 
     administrators, teaching personnel, and role models from the 
     private sector;
       ``(4) a description of how school administrators, parents, 
     teachers, local government and volunteers will be involved in 
     the design and implementation of the educational opportunity 
     school;
       ``(5) a description of how the local educational agency or 
     the State, as appropriate, will provide for continued 
     operation of the educational opportunity school once the 
     Federal grant has expired, if such agency determines that 
     such school is successful;
       ``(6) a description of how the grant funds will be used;
       ``(7) a justification for the waiver or inapplicability of 
     any Federal statutory or regulatory requirements that the 
     local educational agency believes are necessary for the 
     successful operation of the educational opportunity school 
     and a description of any State or local statutory or 
     regulatory requirements, that will be waived for, or will not 
     apply to, the educational opportunity school, if necessary;
       ``(8) a description of how students in attendance at the 
     educational opportunity school, or in the community, will 
     be--
       ``(A) informed about such school; and
       ``(B) informed about the fact that admission to same gender 
     classes is completely voluntary;
       ``(9) a description of how grant funds will be used in 
     conjunction with funds provided under this title, and any 
     other Federal programs, administered by the Secretary;
       ``(10) an assurance that the local educational agency will 
     annually provide the Secretary such information as the 
     Secretary may require to determine if the educational 
     opportunity school is making satisfactory progress toward 
     achieving the objectives described in paragraph (2);
       ``(11) an assurance that the local educational agency will 
     cooperate with the Secretary in evaluating the program 
     authorized by this part;
       ``(12) assurances that resources shall be used equally for 
     same gender classes for boys and for girls;
       ``(13) assurances that the activities assisted under this 
     part will not have an adverse affect, on either sex, that is 
     caused by--
       ``(A) the distribution of teachers between same gender 
     classes for boys and for girls;
       ``(B) the quality of facilities for boys and for girls;
       ``(C) the nature of the curriculum for boys and for girls;
       ``(D) program activities for boys and for girls; and
       ``(E) instruction for boys and for girls; and
       ``(14) such other information and assurances that the 
     Secretary may require.

     ``SEC. 1805. SELECTION OF GRANTEES.

       ``The Secretary shall award grants under this part on the 
     basis of the quality of the applications submitted under 
     section 1804, taking into consideration such factors as--
       ``(1) the quality of the proposed curriculum and 
     instructional practices;
       ``(2) organizational structure and management of the 
     school;
       ``(3) the quality of the plan for assessing the progress 
     made by children in same gender classes over the period of 
     the grant;
       ``(4) the extent of community support for the application; 
     and
       ``(5) the likelihood that the educational opportunity 
     school will meet the objectives of such school and improve 
     educational results for students; and
       ``(6) the assurances submitted pursuant to section 
     1804(c)(13).
       On page 474, line 16, strike ``$20,000,000'' and insert 
     ``$19,000,000''.
       On page 474, between lines 18 and 19, insert the following:
       ``(3) Part h.--(A) For the purpose of carrying out part H, 
     there are authorized to be appropriated $1,000,000 for fiscal 
     year 1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.
       ``(B) Funds appropriated under subparagraph (A) shall 
     remain available until expended.

                                 ______


                  GREGG AND (DOLE) AMENDMENT NO. 2431

  Mr. GREGG (for himself and Mr. Dole) proposed an amendment to the 
bill, S. 1513, supra; as follows:

       At the appropriate place, add the following:
       It is the sense of the Senate that United Nations Security 
     Council Resolution 940 of July 31, 1994 does not constitute 
     authorization for the deployment of U.S. Armed Forces under 
     Article I of the Constitution of the United States or 
     pursuant to Public Law 93-148 (the War Powers Act of 1973).
                                 ______


                 GREGG AND (OTHERS) AMENDMENT NO. 2432

  Mr. GREGG (for himself, Mrs. Kassebaum, Mr. Simpson, and Mr. Wallop) 
proposed an amendment to the bill, S. 1513, supra; as follows:

       On page 474, strike lines 8 and 9, and insert the 
     following:
       ``(f) Federal Evaluations.--For the purpose of carrying
       On page 474, strike lines 14 through 18.
       On page 574, beginning with line 15, strike all through 
     page 588, line 14.
       On page 635, lines 14 and 15, strike ``AND 
     DEMONSTRATIONS''.
       On page 641, beginning with line 11, strike all through 
     page 643, line 12.
       On page 655, lines 20 and 21, strike ``, of which 10 
     percent of such 5 percent shall be available to carry out 
     section 2114''.
       On page 663, beginning with line 23, strike all through 
     page 672, line 17.
       On page 698, beginning with line 19, strike all through 
     page 704, line 15.
       On page 704, line 16, strike ``4'' and insert ``3''.
       On page 736, beginning with line 13, strike all through 
     page 738, line 10.
       On page 738, beginning with line 16, strike all through 
     page 788, line 6.
       On page 788, line 7, strike ``B'' and insert ``A''.
       On page 807, line 15, strike ``C'' and insert ``B''.
       On page 815, beginning with line 1, strike all through page 
     832, line 9.
       On page 843, lines 20 and 21, strike ``From amounts 
     reserved under section 4112(d) for each fiscal year, the'' 
     and insert ``The''.
       On page 846, strike lines 1 through 4.
       On page 936, strike lines 1 through 21.
       On page 937, strike lines 1 and 2, and insert ``part.''.
       On page 946, beginning with line 21, strike all through 
     page 961, line 12.
       On page 1004, beginning with line 1, strike all through 
     page 1005, line 9.
       On page 1005, beginning with line 11, strike all through 
     page 1035, line 11.
       On page 1128, lines 12 and 13, strike ``sections 2114 and'' 
     and insert ``section''.
       On page 1172, beginning with line 17, strike all through 
     page 1185, line 24.
       On page 1234, line 13, insert end quotation marks and a 
     period after the period.
       On page 1234, beginning with line 14, strike all through 
     page 1296, line 25.
       On page 1358, beginning with line 10, strike all through 
     1368, line 24.
                                 ______


                        SMITH AMENDMENT NO. 2433

  Mr. SMITH proposed an amendment to the bill, S. 1513, supra; as 
follows:

       At the appropriate place, add the following:

      SEC.  . PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL SUPPORT.

       (a) Prohibition.--No local educational agency that receives 
     funds under this Act shall implement or carry out a program 
     or activity that has either the purpose or effect of 
     encouraging or supporting homosexuality as a positive 
     lifestyle alternative.
       (b) Definition.--A program or activity, for purpose of this 
     section, includes the distribution of instructional 
     materials, instruction, counseling, or other services on 
     school grounds or referral of a pupil to an organization that 
     affirms a homosexual lifestyle.
                                 ______


                        HELMS AMENDMENT NO. 2434

       Mr. HELMS proposed an amendment to amendment No. 2433 
     proposed by Mr. Smith to the bill, S. 1513, supra; as 
     follows:

       Strike all after ``Sec.'', and insert the following:

     PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL SUPPORT.

       (a) Prohibition.--No local educational agency that receives 
     funds under this Act shall implement or carry out a program 
     or activity that has either the purpose or effect of 
     encouraging or supporting homosexuality as a positive 
     lifestyle alternative.
       (b) Definition.--A program or activity, for purposes of 
     this section, includes the distribution of instructional 
     materials, instruction, counseling, or other services on 
     school grounds, or referral of a pupil to an organization 
     that affirms a homosexual lifestyle.
       (c) Effective Date.--The provisions of this section shall 
     take effect one day following the enactment of this Act.
                                 ______


               KENNEDY (AND JEFFORDS) AMENDMENT NO. 2435

       Mr. KENNEDY (for himself and Mr. Jeffords) proposed an 
     amendment to amendment No. 2433 proposed by Mr. Smith to the 
     bill S. 1513, supra; as follows:

       At the end of the pending amendments, insert the following:

     SEC.  . LIMITATION.

       (a) In General.--None of the funds authorize under this Act 
     shall be used to develop materials or programs directed at 
     youth that are designed to directly promote or encourage, 
     sexual activity, whether homosexual or heterosexual.
                                 ______


                       KENNEDY AMENDMENT NO. 2436

  Mr. KENNEDY proposed an amendment to amendment No. 2433 proposed by 
Mr. Smith to the bill S. 1513, supra; as follows:

       At the end of the pending amendment, insert the following:

     SEC.  . LIMITATION.

       None of the funds authorized to be appropriated under this 
     Act may be used to coordinate the delivery of health services 
     including making condoms available in a public school unless 
     the program under which such condoms are made available--
       (1) has been determined by the local school board to be 
     appropriate and in furtherance of the National Education 
     Goals; and
       (2) has been developed in consultation with parents; and
       (s) provides information through the school concerning the 
     health benefits of abstinence.

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