[Congressional Record Volume 141, Number 152 (Wednesday, September 27, 1995)]
[Senate]
[Pages S14424-S14427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1996

                                 ______


                        CRAIG AMENDMENT NO. 2809

  (Ordered to lie on table.)
  Mr. CRAIG submitted an amendment intended to be proposed by him to 
the bill (H.R. 2127) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies, 
for the fiscal year ending September 30, 1996, and for other purposes; 
as follows:

       At the appropriate place in title I, insert the following 
     new section:
       Sec.    . None of the funds appropriated in this Act may be 
     obligated or expended by the Department of Labor for the 
     purposes of enforcement and the issuance of fines under 
     Hazardous Occupation Order Number 12 (HO 12) with respect to 
     the placement or loading of materials by a person under 18 
     years of age into a cardboard baler that is in compliance 
     with the American National Standards Institute safety 
     standard ANSI Z245.5 1990, and a compactor that is in 
     compliance with the American National Standards Institute 
     safety standard ANSI Z245.2 1992.
                                 ______


                       ABRAHAM AMENDMENT NO. 2810

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill H.R. 2127, supra; as follows:

       On page 48, lines 15 and 16, strike ``titles III and IV of 
     the Goals 2000: Educate America Act'' and insert ``the 
     Educational Choice and Equity Act of 1995''.
       On page 48, strike lines 18 through 20, and insert the 
     following:

     $432,500,000, of which $280,000,000 shall be available to 
     carry out the Educational Choice and Equity Act of 1995, 
     $30,000,000 shall be available to the Secretary of Education 
     for grants to States to enable such States to support charter 
     school programs, and $122,500,000 shall be available to carry 
     out the School-to-Work Opportunities Act of 1994, shall 
     become available on July 1,
       On page 48, line 21, strike the colon and insert a period.
       On page 48, beginning with line 22, strike all through page 
     49, line 2.
       On page 58, line 4, insert ``and'' after ``of title X,''.
       On page 58, lines 6 and 7, strike ``and title VI of the 
     Goals 2000: Educate America Act,''.
       On page 68, strike lines 19 through 22.
       On page 108, between lines 15 and 16, insert the following:
               TITLE ____--EDUCATIONAL CHOICE AND EQUITY

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Educational Choice and 
     Equity Act of 1995''.

     SEC. ____02. PURPOSE.

       The purpose of this title is to determine the effects on 
     students and schools of providing financial assistance to 
     low-income parents to enable such parents to select the 
     public or private schools their children will attend.
     
[[Page S 14425]]


     SEC. ____03. DEFINITIONS.

       As used in this title--
       (1) the term ``choice school'' means any public or private 
     school, including a private sectarian school or a public 
     charter school, that is involved in a demonstration project 
     assisted under this title;
       (2) the term ``eligible child'' means a child in grades 1 
     through 12 who is eligible for free or reduced price lunches 
     under the National School Lunch Act (42 U.S.C. 1751 et seq.);
       (3) the term ``eligible entity'' means a public agency, 
     institution, or organization, such as a State, a State or 
     local educational agency, a consortium of public agencies, or 
     a consortium of public and private nonprofit organizations, 
     that can demonstrate, to the satisfaction of the Secretary, 
     its ability to--
       (A) receive, disburse, and account for Federal funds; and
       (B) carry out the activities described in its application 
     under this title;
       (4) the term ``evaluating agency'' means any academic 
     institution, consortium of professionals, or private or 
     nonprofit organization, with demonstrated experience in 
     conducting evaluations, that is not an agency or 
     instrumentality of the Federal Government;
       (5) the term ``local educational agency'' has the meaning 
     given that term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801);
       (6) the term ``parent'' includes a legal guardian or other 
     individual acting in loco parentis;
       (7) the term ``school'' means a school that provides 
     elementary education or secondary education (through grade 
     12), as determined under State law; and
       (8) the term ``Secretary'' means the Secretary of 
     Education.

     SEC. ____04. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $600,000,000 for 
     fiscal year 1996 and such sums as may be necessary for each 
     of the fiscal years 1997, 1998, 1999, and 2000 to carry out 
     this title.

     SEC. ____05. PROGRAM AUTHORIZED.

       (a) Reservation.--From the amount appropriated pursuant to 
     the authority of section ____04 in any fiscal year, the 
     Secretary shall reserve and make available to the Comptroller 
     General of the United States 2 percent for evaluation of the 
     demonstration projects assisted under this title in 
     accordance with section ____11.
       (b) Grants.--
       (1) In general.--From the amount appropriated pursuant to 
     the authority of section ____04 and not reserved under 
     subsection (a) for any fiscal year, the Secretary shall award 
     grants to eligible entities to enable such entities to carry 
     out at least 100 demonstration projects under which low-
     income parents receive education certificates for the costs 
     of enrolling their eligible children in a choice school.
       (2) Amount.--The Secretary shall award grants under 
     paragraph (1) for fiscal year 1996 in amounts of $5,000,000 
     or less.
       (3) Continuing eligibility.--The Secretary shall continue a 
     demonstration project under this title by awarding a grant 
     under paragraph (1) to an eligible entity that received such 
     a grant for a fiscal year preceding the fiscal year for which 
     the determination is made, if the Secretary determines that 
     such eligible entity was in compliance with this title for 
     such preceding fiscal year.
       (c) Use of Grants.--Grants awarded under subsection (b) 
     shall be used to pay the costs of--
       (1) providing education certificates to low-income parents 
     to enable such parents to pay the tuition, the fees, the 
     allowable costs of transportation, if any, and the costs of 
     complying with section ____09(a)(1), if any, for their 
     eligible children to attend a choice school; and
       (2) administration of the demonstration project, which 
     shall not exceed 15 percent of the amount received under the 
     grant for the first fiscal year for which the eligible entity 
     provides education certificates under this title or 10 
     percent of such amount for any subsequent year, including--
       (A) seeking the involvement of choice schools in the 
     demonstration project;
       (B) providing information about the demonstration project, 
     and the schools involved in the demonstration project, to 
     parents of eligible children;
       (C) making determinations of eligibility for participation 
     in the demonstration project for eligible children;
       (D) selecting students to participate in the demonstration 
     project;
       (E) determining the amount of, and issuing, education 
     certificates;
       (F) compiling and maintaining such financial and 
     programmatic records as the Secretary may prescribe; and
       (G) collecting such information about the effects of the 
     demonstration project as the evaluating agency may need to 
     conduct the evaluation described in section ____11.
       (d) Special Rule.--Each school participating in a 
     demonstration project under this title shall comply with 
     title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
     seq.) which prohibits discrimination on the basis of race, 
     color, or national origin.

     SEC. ____06. AUTHORIZED PROJECTS; PRIORITY.

       (a) Authorized Projects.--The Secretary may award a grant 
     under this title only for a demonstration project that--
       (1) involves at least one local educational agency that--
       (A) receives funds under section 1124A of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6334); and
       (B) is among the 20 percent of local educational agencies 
     receiving funds under section 1124A of such Act (20 U.S.C. 
     6334) in the State that have the highest number of children 
     described in section 1124(c) of such Act (20 U.S.C. 6333(c)); 
     and
       (2) includes the involvement of a sufficient number of 
     public and private choice schools, in the judgment of the 
     Secretary, to allow for a valid demonstration project.
       (b) Priority.--In awarding grants under this title, the 
     Secretary shall give priority to demonstration projects--
       (1) in which choice schools offer an enrollment opportunity 
     to the broadest range of eligible children;
       (2) that involve diverse types of choice schools; and
       (3) that will contribute to the geographic diversity of 
     demonstration projects assisted under this title, including 
     awarding grants for demonstration projects in States that are 
     primarily rural and awarding grants for demonstration 
     projects in States that are primarily urban.

     SEC. ____07. APPLICATIONS.

       (a) In General.--Any eligible entity that wishes to receive 
     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 subsection (a) 
     shall contain--
       (1) information demonstrating the eligibility of the 
     eligible entity for participation in the demonstration 
     project;
       (2) with respect to choice schools--
       (A) a description of the standards used by the eligible 
     entity to determine which public and private schools are 
     within a reasonable commuting distance of eligible children 
     and present a reasonable commuting cost for such eligible 
     children;
       (B) a description of the types of potential choice schools 
     that will be involved in the demonstration project;
       (C)(i) a description of the procedures used to encourage 
     public and private schools to be involved in the 
     demonstration project; and
       (ii) a description of how the eligible entity will annually 
     determine the number of spaces available for eligible 
     children in each choice school;
       (D) an assurance that each choice school will not impose 
     higher standards for admission or participation in its 
     programs and activities for eligible children provided 
     education certificates under this title than the choice 
     school does for other children;
       (E) an assurance that each choice school operated, for at 
     least 1 year prior to accepting education certificates under 
     this title, an educational program similar to the educational 
     program for which such choice school will accept such 
     education certificates;
       (F) an assurance that the eligible entity will terminate 
     the involvement of any choice school that fails to comply 
     with the conditions of its involvement in the demonstration 
     project; and
       (G) a description of the extent to which choice schools 
     will accept education certificates under this title as full 
     or partial payment for tuition and fees;
       (3) with respect to the participation in the demonstration 
     project of eligible children--
       (A) a description of the procedures to be used to make a 
     determination of the eligibility of an eligible child for 
     participation in the demonstration project, which shall 
     include--
       (i) the procedures used to determine eligibility for free 
     or reduced price lunches under the National School Lunch Act 
     (42 U.S.C. 1751 et seq.); or
       (ii) any other procedure, subject to the Secretary's 
     approval, that accurately establishes the eligibility of an 
     eligible child for such participation;
       (B) a description of the procedures to be used to ensure 
     that, in selecting eligible children to participate in the 
     demonstration project, the eligible entity will--
       (i) apply the same criteria to both public and private 
     school eligible children; and
       (ii) give priority to eligible children from the lowest 
     income families;
       (C) a description of the procedures to be used to ensure 
     maximum choice of schools for participating eligible 
     children, including procedures to be used when--
       (i) the number of parents provided education certificates 
     under this title who desire to enroll their eligible children 
     in a particular choice school exceeds the number of eligible 
     children that the choice school will accept; and
       (ii) grant funds and funds from local sources are 
     insufficient to support the total cost of choices made by 
     parents with education certificates under this title; and
       (D) a description of the procedures to be used to ensure 
     compliance with section ____09(a)(1), which may include--
       (i) the direct provision of services by a local educational 
     agency; and
       (ii) arrangements made by a local educational agency with 
     other service providers;
       (4) with respect to the operation of the demonstration 
     project--
       (A) a description of the geographic area to be served;
       (B) a timetable for carrying out the demonstration project;
       (C) a description of the procedures to be used for the 
     issuance and redemption of education certificates under this 
     title;
       (D) a description of the procedures by which a choice 
     school will make a pro rata refund of the education 
     certificate under this 

[[Page S 14426]]
     title for any participating eligible child who withdraws from the 
     school for any reason, before completing 75 percent of the 
     school attendance period for which the education certificate 
     was issued;
       (E) a description of the procedures to be used to provide 
     the parental notification described in section ____10;
       (F) an assurance that the eligible entity will place all 
     funds received under this title into a separate account, and 
     that no other funds will be placed in such account;
       (G) an assurance that the eligible entity will provide the 
     Secretary periodic reports on the status of such funds;
       (H) an assurance that the eligible entity will cooperate 
     with the Comptroller General of the United States and the 
     evaluating agency in carrying out the evaluations described 
     in section ____11; and
       (I) an assurance that the eligible entity will--
       (i) maintain such records as the Secretary may require; and
       (ii) comply with reasonable requests from the Secretary for 
     information; and
       (5) such other assurances and information as the Secretary 
     may require.

     SEC. ____08. EDUCATION CERTIFICATES.

       (a) Education Certificates.--
       (1) Amount.--The amount of an eligible child's education 
     certificate under this title shall be determined by the 
     eligible entity, but shall be an amount that provides to the 
     recipient of the education certificate the maximum degree of 
     choice in selecting the choice school the eligible child will 
     attend.
       (2) Considerations.--
       (A) In general.--Subject to such regulations as the 
     Secretary shall prescribe, in determining the amount of an 
     education certificate under this title an eligible entity 
     shall consider--
       (i) the additional reasonable costs of transportation 
     directly attributable to the eligible child's participation 
     in the demonstration project; and
       (ii) the cost of complying with section ____09(a)(1).
       (B) Schools charging tuition.--If an eligible child 
     participating in a demonstration project under this title was 
     attending a public or private school that charged tuition for 
     the year preceding the first year of such participation, then 
     in determining the amount of an education certificate for 
     such eligible child under this title the eligible entity 
     shall consider--
       (i) the tuition charged by such school for such eligible 
     child in such preceding year; and
       (ii) the amount of the education certificates under this 
     title that are provided to other eligible children.
       (3) Special rule.--An eligible entity may provide an 
     education certificate under this title to the parent of an 
     eligible child who chooses to attend a school that does not 
     charge tuition or fees, to pay the additional reasonable 
     costs of transportation directly attributable to the eligible 
     child's participation in the demonstration project or the 
     cost of complying with section ____09(a)(1).
       (b) Adjustment.--The amount of the education certificate 
     for a fiscal year may be adjusted in the second and third 
     years of an eligible child's participation in a demonstration 
     project under this title to reflect any increase or decrease 
     in the tuition, fees, or transportation costs directly 
     attributable to that eligible child's continued attendance at 
     a choice school, but shall not be increased for this purpose 
     by more than 10 percent of the amount of the education 
     certificate for the fiscal year preceding the fiscal year for 
     which the determination is made. The amount of the education 
     certificate may also be adjusted in any fiscal year to comply 
     with section ____09(a)(1).
       (c) Maximum Amount.--Notwithstanding any other provision of 
     this section, the amount of an eligible child's education 
     certificate shall not exceed the per pupil expenditure for 
     elementary or secondary education, as appropriate, by the 
     local educational agency in which the public school to which 
     the eligible child would normally be assigned is located for 
     the fiscal year preceding the fiscal year for which the 
     determination is made.
       (d) Income.--An education certificate under this title, and 
     funds provided under the education certificate, shall not be 
     treated as income of the parents for purposes of Federal tax 
     laws or for determining eligibility for any other Federal 
     program.

     SEC. ____09. EFFECT ON OTHER PROGRAMS; USE OF SCHOOL LUNCH 
                   DATA; CONSTRUCTION PROVISIONS.

       (a) Effect on Other Programs.--
       (1) In general.--An eligible child participating in a 
     demonstration project under this title, who, in the absence 
     of such a demonstration project, would have received services 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) 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 
     requirements of part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.).
       (3) Counting of eligible children.--Notwithstanding any 
     other provision of law, any local educational agency 
     participating in a demonstration project under this title may 
     count eligible children who, in the absence of such a 
     demonstration project, would attend the schools of such 
     agency, for purposes of receiving funds under any program 
     administered by the Secretary.
       (b) Use of School Lunch Data.--Notwithstanding section 9 of 
     the National School Lunch Act (42 U.S.C. 1751 et seq.), an 
     eligible entity receiving a grant under this title may use 
     information collected for the purpose of determining 
     eligibility for free or reduced price lunches to determine an 
     eligible child's eligibility to participate in a 
     demonstration project under this title and, if needed, to 
     rank families by income, in accordance with section 
     ____07(b)(3)(B)(ii). 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.
       (c) Construction Provisions.--
       (1) Other institutions.--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--
       (A) any eligible entity receiving funds under this title 
     from using such funds to pay the administrative costs of a 
     demonstration project under this title; or
       (B) the expenditure in or by religious or other private 
     institutions of any Federal funds provided under this title.
       (2) Desegregation plans.--Nothing in this title shall be 
     construed to interfere with any desegregation plans that 
     involve school attendance areas affected by this title.
       (3) Prohibition of federal director, supervision or 
     control.--Nothing in this title shall be construed to 
     authorize the Secretary or any employee, officer, or agency 
     of the Department of Education to exercise any direction, 
     supervision, or control over the curriculum, program of 
     instruction, or personnel decisions of any educational 
     institution or school participating in a demonstration 
     project assisted under this title.

     SEC. ____10. PARENTAL NOTIFICATION.

       Each eligible entity 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 by the demonstration project. At a minimum, such 
     notice shall--
       (1) describe the demonstration project;
       (2) describe the eligibility requirements for participation 
     in the demonstration project;
       (3) describe the information needed to make a determination 
     of eligibility for participation in the demonstration project 
     for an eligible child;
       (4) describe the selection procedures to be used if the 
     number of eligible children seeking to participate in the 
     demonstration project exceeds the number that can be 
     accommodated in the demonstration project;
       (5) provide information about each choice school 
     participating in the demonstration project, including 
     information about any admission requirements or criteria for 
     each choice school participating in the demonstration 
     project; and
       (6) include the schedule for parents to apply for their 
     eligible children to participate in the demonstration 
     project.

     SEC. ____11. EVALUATION.

       (a) Annual Evaluation.--
       (1) Contract.--The Comptroller General of the United States 
     shall enter into a contract, with an evaluating agency that 
     has demonstrated experience in conducting evaluations, for 
     the conduct of an ongoing rigorous evaluation of the 
     demonstration projects under this title.
       (2) Annual evaluation requirement.--The contract described 
     in paragraph (1) shall require the evaluating agency entering 
     into such contract to annually evaluate each demonstration 
     project under this title in accordance with the evaluation 
     criteria described in subsection (b).
       (3) Transmission.--The contract described in paragraph (1) 
     shall require the evaluating agency entering into such 
     contract to transmit to the Comptroller General of the United 
     States--
       (A) the findings of each annual evaluation under paragraph 
     (1); and
       (B) a copy of each report received pursuant to section 
     ____12(a) for the applicable year.
       (b) Evaluation Criteria.--The Comptroller General of the 
     United States, in consultation with the Secretary, shall 
     establish minimum criteria for evaluating the demonstration 
     projects under this title. Such criteria shall provide for--
       (1) a description of the implementation of each 
     demonstration project under this title and the demonstration 
     project's effects on all participants, schools, and 
     communities in the demonstration project area, with 
     particular attention given to the effect of parent 
     participation in the life of the school and the level of 
     parental satisfaction with the demonstration project; and
       (2) a comparison of the educational achievement of all 
     students in the demonstration project area, including a 
     comparison of--
       (A) students receiving education certificates under this 
     title; and
       (B) students not receiving education certificates under 
     this title.

     SEC. ____12. REPORTS.

       (a) Report by Grant Recipient.--Each eligible entity 
     receiving a grant under this title shall submit to the 
     evaluating agency entering into the contract under section 
     ____11(a)(1) an annual report regarding the demonstration 
     project under this title. Each 

[[Page S 14427]]
     such report shall be submitted at such time, in such manner, and 
     accompanied by such information, as such evaluating agency 
     may require.
       (b) Reports by Comptroller General.--
       (1) Annual reports.--The Comptroller General of the United 
     States shall report annually to the Congress on the findings 
     of the annual evaluation under section ____11(a)(2) of each 
     demonstration project under this title. Each such report 
     shall contain a copy of--
       (A) the annual evaluation under section ____11(a)(2) of 
     each demonstration project under this title; and
       (B) each report received under subsection (a) for the 
     applicable year.
       (2) Final report.--The Comptroller General shall submit a 
     final report to the Congress within 9 months after the 
     conclusion of the demonstration projects under this title 
     that summarizes the findings of the annual evaluations 
     conducted pursuant to section ____11(a)(2).

     SEC. ____13. REPEAL.

       (a) Amendment.--The Goals 2000: Educate America Act (20 
     U.S.C. 5801 et seq.) is repealed.
       (b) Recommended Legislation.--
       (1) In general.--The Secretary of Education, in 
     consultation with the appropriate committees of the Congress, 
     shall prepare and submit to the Congress recommended 
     legislation containing technical and conforming amendments to 
     reflect the amendment made by subsection (a).
       (2) Submission date.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of Education 
     shall submit the recommended legislation referred to under 
     paragraph (1).

                          ____________________