[Congressional Record Volume 145, Number 35 (Friday, March 5, 1999)]
[Senate]
[Pages S2371-S2377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

             EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

                                 ______
                                 

                    WELLSTONE AMENDMENTS NOS. 41-42

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted two amendments intended to be proposed by him 
to amendment No. 31 proposed by Mr. Jeffords to the bill (S. 280) to 
provide for education flexibility partnerships; as follows:

                            Amendment No. 41

       On page 3, between lines 15 and 16, insert the following:
       (8)(A) Part A of title I of the Elementary and Secondary 
     Education Act of 1965 is intended to provide supplementary 
     educational services to low achieving children attending 
     schools with relatively high concentrations of students from 
     low income families.
       (B) Other than fiscal year 1966, Congress has never passed 
     legislation that provided the maximum funding authorized to 
     carry out such part.
       (C) The fiscal year 1999 appropriation for such part is 
     less than half of the level required to fund such part of the 
     maximum authorized level.
       (D) By funding such part at the maximum authorized level, 
     the Federal Government will provide more assistance for 
     disadvantaged children than the Federal Government did for 
     fiscal year 1999.
       (E) The Senate is committed to funding such part at the 
     maximum authorized level.
                                  ____


                            Amendment No. 42

       On page 15, between lines 2 and 3, insert the following:
       (F) local and state plans, use of funds, and 
     accountability, under the Carl D. Perkins Vocational and 
     Technical Education Act of 1998, except to permit the 
     formation of secondary and post-secondary consortia.
                                 ______
                                 

                WELLSTONE (AND OTHERS) AMENDMENT NO. 43

  (Ordered to lie on the table.)
  Mr. WELLSTONE (for himself, Mr. Reed, and Mr. Kennedy) submitted an 
amendment intended to be proposed by them to amendment No. 31 proposed 
by Mr. Jeffords to the bill, S. 280, supra; as follows:

       On page 15, between lines 2 and 3, insert the following:
       ``(F) Sections 1114b and 1115c of Title I of the Elementary 
     and Secondary Education Act of 1965;''.
                                 ______
                                 

                    TORRICELLI AMENDMENTS NOS. 44-45

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, 
supra; as follows:

                            Amendment No. 44

       At the end, add the following:

     SEC. ____01. DEMONSTRATION GRANTS.

       (a) Findings.--Congress finds that--
       (1) the length of the academic year at most elementary and 
     secondary schools in the United States consists of 
     approximately 175 to 180 academic days, while the length of 
     the academic years at elementary and secondary schools in a 
     majority of the other industrialized countries consists of 
     approximately 190 to 240 academic days;
       (2) eighth-grade students from the United States have 
     scored lower, on average, in mathematics than students in 
     Japan, France, and Canada;
       (3) various studies indicate that extending the length of 
     the academic year at elementary and secondary schools results 
     in a significant increase in actual student learning time, 
     even when much of the time in the extended portion of the 
     academic year is used for increased teacher training and 
     increased parent-teacher interaction;
       (4) in the final 4 years of schooling, students in schools 
     in the United States are required to spend a total of 1,460 
     hours on core academic subjects, which is less than half of 
     the 3,528 hours so required in Germany, the 3,280 hours so 
     required in France, and the 3,170 hours so required in Japan;
       (5) American students' lack of formal schooling is not 
     counterbalanced with more homework as only 29 percent of 
     American students report spending at least 2 hours on 
     homework per day compared to half of all European students;
       (6) extending the length of the academic year at elementary 
     and secondary schools will lessen the need for review, at the 
     beginning of an academic year, of course material covered in 
     the previous academic year; and
       (7) in 1994, the Commission on Time and Learning 
     recommended that school districts keep schools open longer to 
     meet the needs of children and communities.
       (b) Demonstration Grants Authorized.--
       (1) In general.--The Secretary of Education, from amounts 
     appropriated under subsection (d) for a fiscal year, shall 
     award demonstration grants to local educational agencies to--
       (A) enable the local educational agencies to extend the 
     length of the school year to 210 days;
       (B) study the feasibility of an effective methods for 
     extending learning time within or beyond the school day or 
     year, including consultation with other schools or local 
     educational agencies that have designed or implemented 
     extended learning time programs;
       (C) conduct outreach to and consult with community members, 
     including parents, students, and other stakeholders, such as 
     tribal leaders, to develop a plan to extend learning time 
     within or beyond the school day or year; and
       (D) research, develop, and implement strategies, including 
     changes in curriculum and instruction, for maximizing the 
     quality and percentage of common core learning time in the 
     school day and extending learning time during or beyond the 
     school day or year.
       (2) Definition.--In this section, the term ``common core 
     learning time'' means high-quality, engaging instruction in 
     challenging content in the core academic subjects of English, 
     mathematics, science, foreign languages, civics and 
     government, economics, arts, history, and geography.
       (c) Application.--A local educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary of Education at such time, in such manner, and 
     accompanied by such information as the Secretary may require. 
     Each application shall describe--
       (1) the activities for which assistance is sought;
       (2) any study or other information-gathering project for 
     which funds will be used;
       (3) the strategies and methods the applicant will use to 
     enrich and extend learning time for all students and to 
     maximize the percentage of common core learning time in the 
     school day, such as block scheduling, team teaching, longer 
     school days or years, and extending learning time through new 
     distance-learning technologies.
       (4) the strategies and methods the applicant will use, 
     including changes in curriculum and instruction, to challenge 
     and engage students and to maximize the productiveness of 
     common core learning time, as well as the total time students 
     spend in school and in school-related enrichment activities;
       (5) the strategies and methods the applicant intends to 
     employ to provide continuing financial support for the 
     implementation of any extended school day or school year;
       (6) with respect to any application seeking assistance for 
     activities described in subsection (b)(1)(A), a description 
     of any feasibility or other studies demonstrating the 
     sustainability of a longer school year;
       (7) the extent of involvement of teachers and other school 
     personnel in investigating, designing, implementing and 
     sustaining the activities assisted under this part;
       (8) the process to be used for involving parents and other 
     stakeholders in the development and implementation of the 
     activities assistance under this section;
       (9) any cooperation or collaboration among public housing 
     authorities, libraries, businesses, museums, community-based 
     organizations, and other community groups and organizations 
     to extend engaging, high-quality, standards-based learning 
     time outside of the school day or year, at the school or at 
     some other site;
       (10) the training and professional development activities 
     that will be offered to teachers and others involved in the 
     activities assisted under this section;
       (11) the goals and objectives of the activities assisted 
     under this section, including a description of how such 
     activities will assist all students to reach State standards;
       (12) the methods by which the applicant will assess 
     progress in meeting such goals and objectives; and
       (13) how the applicant will use funds provided under this 
     section in coordination with funds provided under other 
     Federal laws.
       (d) Duration.--A grant under this section shall be awarded 
     for a period of 3 years.
       (e) Authorization of Appropriations.--

[[Page S2372]]

       (1) In general.--There are authorized to be appropriated to 
     carry out this section $50,000,000 for each of the fiscal 
     years 2000 through 2004.
       (2) Use of funds.--The Secretary of Education shall use not 
     less than 70 percent of the amount appropriated for each 
     fiscal year under paragraph (1) to award grants to applicants 
     that want to extend the school year to at least 210 days.
                                  ____


                            Amendment No. 45

       At the end, add the following:

      TITLE____--TEACHER QUALITY ENHANCEMENT AND INCENTIVE PROGRAM

     SEC. ____01. PURPOSE.

       The purpose of this title is--
       (1) to encourage the best and brightest candidates to teach 
     in public elementary and secondary schools serving 
     disadvantaged populations; and
       (2) to encourage high achieving candidates to enter the 
     teaching profession who would otherwise not consider a career 
     in teaching.

     SEC. ____02. GRANTS AUTHORIZED.

       (a) In General.--The Secretary is authorized to award 
     grants to 50 local educational agencies for a fiscal year to 
     enable the local educational agencies to award bonuses to 
     highly qualified individuals who agree to teach in elementary 
     schools or secondary schools that are served by the local 
     educational agency and located in high poverty areas, for a 
     period of not less than 4 years.
       (b) Local Educational Agency Eligibility.--A local 
     educational agency shall be eligible for a grant under this 
     title if not less than 40 percent of children in the schools 
     served by the local educational agency are eligible to be 
     counted under section 1124(c) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333(c)).
       (c) Amount.--Grants under this section shall be awarded in 
     the amount of $300,000.
       (d) Bonuses Not Taxed.--For purposes of the Internal 
     Revenue Code of 1986, a bonus awarded under this title shall 
     not be includable in the gross income of the individual 
     awarded the bonus.
       (e) Collaboration.--The Secretary shall collaborate with 
     local educational agencies, local boards of education, and 
     local offices of student financial assistance in carrying out 
     the program assisted under this section.
       (f) Definition.--The definitions in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801) shall apply to this title.

     SEC. ____03. LOCAL REQUIREMENTS.

       (a) Local Uses.--Each local educational agency receiving a 
     grant under this title shall use the funds made available 
     under this title to--
       (1) award bonuses to highly qualified individuals who agree 
     to teach in elementary schools or secondary schools in which 
     at least 40 percent of the children are eligible to be 
     counted under section 1124(c) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333(c));
       (2) award the bonuses to not more than 40 highly qualified 
     individuals for a fiscal year on a competitive basis taking 
     into consideration--
       (A) objective measures such as test scores, grade point 
     average or class rank, and such other criteria as the local 
     educational agency may determine appropriate; and
       (B) recommendations received under subsection (c); and
       (3) award the bonuses in the amount of $15,000 with $7,500 
     paid after the first year of such teaching and $7,500 paid 
     after the second year of such teaching.
       (b) Prohibition.--Each local educational agency receiving a 
     grant under this title shall not use the grant funds to 
     offset the salary of a teacher awarded a bonus under this 
     title.
       (c) Recommendations.--Each local educational agency 
     receiving a grant under this title shall establish a system 
     for receiving a limited number of recommendations from 
     institutions of higher education for individuals to receive 
     bonus awards under this title.

     SEC. ____04. ELIGIBILITY.

       To be eligible to receive a bonus award under this title an 
     individual--
       (1) shall enter into an agreement with the local 
     educational agency to work in a school described in section 
     ____03(1) for not less than 4 years or repay the bonus in 
     accordance with section __06;
       (2) shall pass all State certification examinations 
     required to teach in an elementary school or secondary school 
     in the State;
       (3) shall have graduated with a 3.5 grade point average 
     from an institution of higher education, or have graduated in 
     the top 15 percent of the individual's graduating class at an 
     institution of higher education, with a bachelor's degree;
       (4) shall submit an application to the local educational 
     agency in accordance with section __05(a).

     SEC. ____05. APPLICATIONS; NOTIFICATION.

       (a) Application.--Each individual desiring a bonus award 
     under this title shall submit an application to a local 
     educational agency not later than January 15 of each year 
     containing such information as the local educational agency 
     may require.
       (b) Notification.--A local educational agency shall notify 
     individuals of their bonus awards by May 1 of each year.

     SEC. ____06. REPAYMENT.

       Each individual who receives a bonus award under this title 
     and does not comply with the terms of the agreement described 
     in section __04(1) within 6 years of receiving the first 
     bonus award payment under this title, without an excuse that 
     is acceptable to the local educational agency, shall repay to 
     the local educational agency the amount of the bonus awards 
     received plus interest. Repayment shall begin not later than 
     2 years after the local educational agency determines the 
     individual is in noncompliance with the agreement.

     SEC. ____07. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     title $15,000,000 for each of the fiscal years 2000 and 2001.
                                 ______
                                 

                   REED (AND OTHERS) AMENDMENT NO. 46

  (Ordered to lie on the table.)
  Mr. REED (for himself, Mr. Kennedy, Mr. Dodd, and Mr. Wellstone) 
submitted an amendment intended to be proposed by them to amendment No. 
31 proposed by Mr. Jeffords to the bill, S. 280, supra; as follows:

       On page 13, line 14, strike ``and''.

       On page 13, line 15, strike ``all interested'' and insert 
     ``parents, educators, and all other interested''.

       On page 13, line 17, strike the period and insert ``, shall 
     provide that opportunity in accordance with any applicable 
     State law specifying how the comments may be received, shall 
     make the comments received available for public review, and 
     shall submit the comments with the agency's application to 
     the Secretary or the State educational agency, as 
     appropriate.''.
                                 ______
                                 

                         BOND AMENDMENT NO. 47

  (Ordered to lie on the table.)
  Mr. BOND submitted an amendment intended to be proposed by him to 
amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, supra; 
as follows:

       At the end, add the following new title:

               TITLE ____--DIRECT CHECK FOR EDUCATION ACT

     SEC. ____1. SHORT TITLE.

       This title may be cited as the ``Direct Check for Education 
     Act''.

     SEC. ____2. FINDINGS.

       Congress finds that--
       (1) education should be a national priority but must remain 
     a local responsibility;
       (2) the Federal Government's regulations and involvement 
     often create barriers and obstacles to local creativity and 
     reform;
       (3) parents, teachers, and local school districts must be 
     allowed and empowered to set local education priorities; and
       (4) schools and education professionals must be accountable 
     to the people and children served.

     SEC. ____3. DEFINITIONS.

       In this title:
       (1) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (3) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the United 
     States Virgin Islands, the Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of 
     Palau.

     SEC. ____4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

       (a) Direct Awards.--From amounts appropriated under 
     subsection (b) and not used to carry out subsection (c), the 
     Secretary shall make direct awards to local educational 
     agencies in amounts determined under subsection (e) to enable 
     the local educational agencies to support programs or 
     activities, for kindergarten through grade 12 students, that 
     the local educational agencies determine to be appropriate.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this title $3,500,000,000 for 
     each of the fiscal years 2000 and 2001, $4,000,000,000 for 
     each of the fiscal years 2002 and 2003, and $5,000,000,000 
     for fiscal year 2004.
       (c) Multiyear Awards.--The Secretary shall use funds 
     appropriated under subsection (b) for each fiscal year to 
     continue to make payments to eligible recipients pursuant to 
     any multiyear award made prior to the date of enactment of 
     this Act under the provisions of law repealed under 
     subsection (d). The payments shall be made for the duration 
     of the multiyear award.
       (d) Repeals.--The following provisions of law are repealed:
       (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et 
     seq.).
       (2) Section 307 of the Department of Education 
     Appropriations Act, 1999.
       (3) Title III of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6801 et seq.).

[[Page S2373]]

       (4) Part B of title VI of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7331 et seq.).
       (5) Part A of title X of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8001 et seq.).
       (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 
     6101 et seq.).
       (e) Determination of Amount.--
       (1) Per child amount.--The Secretary, using the information 
     provided under subsection (f), shall determine a per child 
     amount for a year by dividing the total amount appropriated 
     under subsection (b) for the year, by the average daily 
     attendance of kindergarten through grade 12 students in all 
     States for the preceding year.
       (2) Local educational agency award.--The Secretary, using 
     the information provided under subsection (f), shall 
     determine the amount provided to each local educational 
     agency under this section for a year by multiplying--
       (A) the per child amount determined under paragraph (1) for 
     the year; by
       (B) the average daily attendance of kindergarten through 
     grade 12 students that are served by the local educational 
     agency for the preceding year.
       (f) Census Determination.--
       (1) In general.--Not later than December 1 of each year, 
     each local educational agency shall conduct a census to 
     determine the average daily attendance of kindergarten 
     through grade 12 students served by the local educational 
     agency.
       (2) Submission.--Not later than March 1 of each year, each 
     local educational agency shall submit the number described in 
     paragraph (1) to the Secretary.
       (g) Penalty.--If the Secretary determines that a local 
     educational agency has knowingly submitted false information 
     under subsection (f) for the purpose of gaining additional 
     funds under this section, then the local educational agency 
     shall be fined an amount equal to twice the difference 
     between the amount the local educational agency received 
     under this section, and the correct amount the local 
     educational agency would have received under this section if 
     the agency had submitted accurate information under 
     subsection (f).
       (h) Disbursal.--The Secretary shall disburse the amount 
     awarded to a local educational agency under this title for a 
     fiscal year not later than July 1 of that year.

     SEC. ____5. AUDIT.

       (a) In General.--The Secretary may conduct audits of the 
     expenditures of local educational agencies under this title 
     to ensure that the funds made available under this title are 
     used in accordance with this title.
       (b) Sanctions and Penalties.--If the Secretary determines 
     that the funds made available under section ____4 were not 
     used in accordance with section ____4(a), the Secretary may 
     use the enforcement provisions available to the Secretary 
     under part D of the General Education Provisions Act (20 
     U.S.C. 1234 et seq.).
                                 ______
                                 

                       MURKOWSKI AMENDMENT NO. 48

  (Ordered to lie on the table.)
  Mr. MURKOWSKI submitted an amendment intended to be proposed by him 
to amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, 
supra; as follows:

       At the end, add the following:

         TITLE ____--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

     SEC. ____1. DEFINITIONS.

       Section 4131 of the Safe and Drug-Free Schools and 
     Communities Act of 1994 (20 U.S.C. 7141) is amended by adding 
     at the end the following:
       ``(7) Abuse.--The term `abuse', used with respect to an 
     inhalant, means the intentional breathing of gas or vapors 
     from the inhalant with the purpose of achieving an altered 
     state of consciousness.
       ``(8) Drug.--The term `drug' includes a substance that is 
     an inhalant, whether or not possession or use of the 
     substance is legal.
       ``(9) Inhalant.--The term `inhalant' means a product that--
       ``(A) may be a legal, commonly available product; and
       ``(B) has a useful purpose but can be abused, such as spray 
     paint, glue, gasoline, correction fluid, furniture polish, a 
     felt tip marker, pressurized whipped cream, an air freshener, 
     butane, or cooking spray.
       ``(10) Use.--The term `use', used with respect to an 
     inhalant, means abuse of the inhalant.''.

     SEC. ____2. FINDINGS.

       Section 4002 of such Act (20 U.S.C. 7102) is amended--
       (1) in paragraph (2), by inserting ``, and the abuse of 
     inhalants,'' after ``other drugs'';
       (2) in paragraph (5), by striking ``and the illegal use of 
     alcohol and drugs'' and inserting ``, the illegal use of 
     alcohol and drugs, and the abuse of inhalants'';
       (3) in paragraph (7), by striking ``and tobacco'' each 
     place it appears and inserting ``, tobacco, and inhalants'';
       (4) in paragraph (9), by striking ``and illegal drug use'' 
     and inserting ``, illegal drug use, and inhalant abuse''; and
       (5) by adding at the end the following:
       ``(11)(A) The number of children using inhalants has 
     doubled in the last 10 years. Inhalants are the third most 
     abused class of substances by children age 12 through 14 in 
     the United States, behind alcohol and tobacco. One of 5 
     students in the United States has tried inhalants by the time 
     the student has reached the 8th grade.
       ``(B) Inhalant vapors react with fatty tissues in the 
     brain, literally dissolving the tissues. A single use of 
     inhalants can cause instant and permanent brain, heart, 
     kidney, liver, and other organ damage. The user of an 
     inhalant can suffer from Sudden Sniffing Death Syndrome, 
     which can cause a user to die the first, tenth, or hundredth 
     time the user uses an inhalant.
       ``(C) Because inhalants are legal, education on the dangers 
     of inhalant abuse is the most effective method of preventing 
     the abuse.''.

     SEC. ____3. PURPOSE.

       Section 4003 of such Act (20 U.S.C. 7103) is amended, in 
     the matter preceding paragraph (1), by inserting ``and abuse 
     of inhalants'' after ``and drugs''.

     SEC. ____4. GOVERNOR'S PROGRAMS.

       Section 4114(c)(2) of such Act (20 U.S.C. 7114(c)(2)) is 
     amended by inserting ``(including inhalant abuse education)'' 
     after ``drug and violence prevention''.

     SEC. ____5. DRUG AND VIOLENCE PREVENTION PROGRAMS.

       Section 4116 of such Act (20 U.S.C. 7116) is amended--
       (1) in subsection (a)(1)(A), by inserting ``, and the abuse 
     of inhalants,'' after ``illegal drugs''; and
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``and the abuse of inhalants'' after ``use 
     of illegal drugs''; and
       (ii) by inserting ``and abuse inhalants'' after ``use 
     illegal drugs''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``(including age appropriate inhalant prevention programs for 
     all students, from the preschool level through grade 12)'' 
     after ``drug prevention''; and
       (ii) in subparagraph (C), by inserting ``and inhalant 
     abuse'' after ``drug use''.

     SEC. ____6. FEDERAL ACTIVITIES.

       Section 4121(a) of such Act (20 U.S.C. 7131(a)) is amended, 
     in the first sentence, by striking ``illegal use of drugs'' 
     and inserting ``illegal use of drugs, the abuse of 
     inhalants,''.

     SEC. ____7. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

       Section 4122(a)(1) of such Act (20 U.S.C. 7132(a)(1)) is 
     amended by striking ``the illegal use of alcohol and other 
     drugs'' and inserting ``the illegal use of alcohol and other 
     drugs, and the abuse of inhalants,''.

     SEC. ____8. MATERIALS.

       Section 4132(a) of such Act (20 U.S.C. 7142(a)) is amended 
     by striking ``illegal use of alcohol and other drugs'' and 
     inserting ``illegal use of alcohol and other drugs and the 
     abuse of inhalants''.
                                 ______
                                 

                       FEINSTEIN AMENDMENT NO. 49

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, 
supra; as follows:

       At the end, add the following:

                    TITLE ____--STUDENT ACHIEVEMENT

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Student Achievement Act of 
     1999''.

     SEC. ____02. REMEDIAL EDUCATION.

       (a) Grants Authorized.--The Secretary is authorized to 
     award grants to high need, low-performing local educational 
     agencies to enable the local educational agencies to carry 
     out remedial education programs that enable kindergarten 
     through grade 12 students who are failing or are at risk of 
     failing to meet State achievement standards in the core 
     academic curriculum.
       (b) Use of Funds.--Grant funds awarded under this section 
     may be used to provide prevention and intervention services 
     and academic instruction, that enable the students described 
     in subsection (a) to meet challenging State achievement 
     standards in the core academic curriculum, such as--
       (1) implementing early intervention strategies that 
     identify and support those students who need additional help 
     or alternative instructional strategies;
       (2) strengthening learning opportunities in classrooms by 
     hiring certified teachers to reduce class sizes, providing 
     high quality professional development, and using proven 
     instructional practices and curriculum aligned to State 
     achievement standards;
       (3) providing extended learning time, such as after-school 
     and summer school; and
       (4) developing intensive instructional intervention 
     strategies for students who fail to meet the State 
     achievement standards.
       (c) Applications.--Each local educational agency desiring 
     to receive a grant under this section shall submit an 
     application to the Secretary. Each application shall 
     contain--
       (1) an assurance that the grant funds will be used in 
     accordance with subsection (b); and
       (2) a detailed description of how the local educational 
     agency will use the grant funds to help students meet State 
     achievement standards in the core academic curriculum by 
     providing prevention and intervention services and academic 
     instruction to students who are most at risk of failing to 
     meet the State achievement standards.
       (d) Conditions for Receiving Funds.--A local educational 
     agency shall be eligible to receive a grant under this 
     section if the local

[[Page S2374]]

     educational agency or the State educational agency--
       (1) adopts a policy prohibiting the practice of social 
     promotion;
       (2) requires that all kindergarten through grade 12 
     students meet State achievement standards in the core 
     academic curriculum at key transition points (to be 
     determined by the State), such as 4th, 8th, 12th grades, 
     before promotion to the next grade level;
       (3) uses tests validated for these purposes and other 
     indicators to assess student performance in meeting the State 
     achievement standards, such as tests, grades and teacher 
     evaluations; and
       (4) has substantial numbers of students who are low-
     performing students.
       (e) Definitions.--In this section:
       (1) Core academic curriculum.--The term ``core academic 
     curriculum'' means curriculum in subjects such as reading and 
     writing, language arts, mathematics, social sciences 
     (including history), and science.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given the term in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       (3) Practice of social promotion.--The term `practice of 
     social promotion' means a formal or informal practice of 
     promoting a student from the grade for which the 
     determination is made to the next grade when the student 
     fails to meet the State achievement standards in the core 
     academic curriculum. The term does not include decisions made 
     for children with disabilities consistent with the 
     requirements of section 601 et seq. of the Individuals with 
     Disabilities Education Act (20 USC 1401 et seq.).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $500,000,000 for 
     each of the fiscal years 2000 through 2004.
                                 ______
                                 

                 MURRAY (AND KENNEDY) AMENDMENT NO. 50

  (Ordered to lie on the table.)
  Mrs. MURRAY (for herself and Mr. Kennedy) submitted an amendment 
intended to be proposed by them to amendment No. 31 proposed by Mr. 
Jeffords to the bill, S. 280, supra; as follows:

       At the end of the amendment, add the following:

     SEC. ____. CLASS SIZE REDUCTION.

       Title VI of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7301 et seq.) is amended by adding at the end 
     the following:

                     ``PART E--CLASS SIZE REDUCTION

     ``SEC. 6601. SHORT TITLE.

       ``This part may be cited as the `Class Size Reduction and 
     Teacher Quality Act of 1999'.

     ``SEC. 6602. FINDINGS.

       ``Congress finds as follows:
       ``(1) Rigorous research has shown that students attending 
     small classes in the early grades make more rapid educational 
     progress than students in larger classes, and that these 
     achievement gains persist through at least the elementary 
     grades.
       ``(2) The benefits of smaller classes are greatest for 
     lower achieving, minority, poor, and inner-city children. One 
     study found that urban fourth-graders in smaller-than-average 
     classes were \3/4\ of a school year ahead of their 
     counterparts in larger-than-average classes.
       ``(3) Teachers in small classes can provide students with 
     more individualized attention, spend more time on instruction 
     and less on other tasks, cover more material effectively, and 
     are better able to work with parents to further their 
     children's education.
       ``(4) Smaller classes allow teachers to identify and work 
     more effectively with students who have learning disabilities 
     and, potentially, can reduce those students' need for special 
     education services in the later grades.
       ``(5) Students in smaller classes are able to become more 
     actively engaged in learning than their peers in large 
     classes.
       ``(6) Efforts to improve educational achievement by 
     reducing class sizes in the early grades are likely to be 
     more successful if--
       ``(A) well-prepared teachers are hired and appropriately 
     assigned to fill additional classroom positions; and
       ``(B) teachers receive intensive, continuing training in 
     working effectively in smaller classroom settings.
       ``(7) Several States have begun a serious effort to reduce 
     class sizes in the early elementary grades, but these actions 
     may be impeded by financial limitations or difficulties in 
     hiring well-prepared teachers.
       ``(8) The Federal Government can assist in this effort by 
     providing funding for class-size reductions in grades 1 
     through 3, and by helping to ensure that the new teachers 
     brought into the classroom are well prepared.

     ``SEC. 6603. PURPOSE.

       ``The purpose of this part is to help States and local 
     educational agencies recruit, train, and hire 100,000 
     additional teachers over a 7-year period in order to--
       ``(1) reduce class sizes nationally, in grades 1 through 3, 
     to an average of 18 students per classroom; and
       ``(2) improve teaching in the early grades so that all 
     students can learn to read independently and well by the end 
     of the third grade.

     ``SEC. 6604. PROGRAM AUTHORIZED.

       ``(a) Authorization of Appropriations.--For the purpose of 
     carrying out this part, there are authorized to be 
     appropriated, $1,400,000,000 for fiscal year 2000, 
     $1,500,000,000 for fiscal year 2001, $1,700,000,000 for 
     fiscal year 2002, $1,735,000,000 for fiscal year 2003, 
     $2,300,000,000 for fiscal year 2004, and $2,800,000,000 for 
     fiscal year 2005.
       ``(b) Allotments.--
       ``(1) In general.--From the amount appropriated under 
     subsection (a) for a fiscal year the Secretary--
       ``(A) shall make a total of 1 percent available to the 
     Secretary of the Interior (on behalf of the Bureau of Indian 
     Affairs) and the outlying areas for activities that meet the 
     purpose of this part; and
       ``(B) shall allot to each State the same percentage of the 
     remaining funds as the percentage it received of funds 
     allocated to States for the previous fiscal year under 
     section 1122 or section 2202(b), whichever percentage is 
     greater, except that such allotments shall be ratably 
     decreased as necessary.
       ``(2) Definition of state.--In this part the term ``State'' 
     means each of the several States of the United States, the 
     District of Columbia and the Commonwealth of Puerto Rico.
       ``(3) State-level expenses.--Each State may use not more 
     than a total of \1/2\ of 1 percent of the amount the State 
     receives under this part, or $50,000, whichever is greater, 
     for a fiscal year, for the administrative costs of the State 
     educational agency.
       ``(c) Within State Distribution.--
       ``(1) In general.--Each State that receives an allotment 
     under this section shall distribute the amount of the 
     allotted funds that remain after using funds in accordance 
     with subsection (b)(3) to local educational agencies in the 
     State, of which--
       ``(A) 80 percent of such remainder shall be allocated to 
     such local educational agencies in proportion to the number 
     of children, aged 5 to 17, who reside in the school district 
     served by such local educational agency and are from families 
     with incomes below the poverty line (as defined by the Office 
     of Management and Budget and revised annually in accordance 
     with section 673(2) of the Community Services Block Grant Act 
     (42 U.S.C. 9902(2)) applicable to a family of the size 
     involved) for the most recent fiscal year for which 
     satisfactory data is available compared to the number of such 
     individuals who reside in the school districts served by all 
     the local educational agencies in the State for that fiscal 
     year, except that a State may adjust such data, or use 
     alternative child-poverty data, to carry out this 
     subparagraph if the State demonstrates to the Secretary's 
     satisfaction that such adjusted or alternative data more 
     accurately reflects the relative incidence of children living 
     in poverty within local educational agencies in the State; 
     and
       ``(B) 20 percent of such remainder shall be allocated to 
     such local educational agencies in accordance with the 
     relative enrollments of children, aged 5 to 17, in public and 
     private nonprofit elementary schools and secondary schools in 
     the school districts within the boundaries of such agencies.
       ``(2) Award rule.--Notwithstanding paragraph (1), if the 
     award to a local educational agency under this section is 
     less than the starting salary for a new teacher in that 
     agency, the State shall not make the award unless the local 
     educational agency agrees to form a consortium with not less 
     than 1 other local educational agency for the purpose of 
     reducing class size.

     ``SEC. 6605. USE OF FUNDS.

       ``(a) In General.--Each local educational agency that 
     receives funds under this part shall use such funds to carry 
     out effective approaches to reducing class size with highly 
     qualified teachers to improve educational achievement for 
     both regular and special-needs children, with particular 
     consideration given to reducing class size in the early 
     elementary grades for which some research has shown class 
     size reduction is most effective.
       ``(b) Class Reduction.--
       ``(1) In general.--Each such local educational agency may 
     pursue the goal of reducing class size through--
       ``(A) recruiting, hiring, and training certified regular 
     and special education teachers and teachers of special-needs 
     children, including teachers certified through State and 
     local alternative routes;
       ``(B) testing new teachers for academic content knowledge, 
     and to meet State certification requirements that are 
     consistent with title II of the Higher Education Act of 1965; 
     and
       ``(C) providing professional development to teachers, 
     including special education teachers and teachers of special-
     needs children, consistent with title II of the Higher 
     Education Act of 1965.
       ``(2) Restriction.--A local educational agency may use not 
     more than a total of 15 percent of the funds received under 
     this part for each of the fiscal years 2000 through 2003 to 
     carry out activities described in subparagraphs (B) and (C) 
     of paragraph (1), and may not use any funds received under 
     this part for fiscal year 2004 or 2005 for those activities.
       ``(3) Special rule.--A local educational agency that has 
     already reduced class size in the early grades to 18 or fewer 
     children may use funds received under this part--

[[Page S2375]]

       ``(A) to make further class-size reductions in grades 1 
     through 3;
       ``(B) to reduce class size in kindergarten or other grades; 
     or
       ``(C) to carry out activities to improve teacher quality, 
     including professional development activities.
       ``(c) Supplement Not Supplant.--A local educational agency 
     shall use funds under this part only to supplement, and not 
     to supplant, State and local funds that, in the absence of 
     such funds, would otherwise be spent for activities under 
     this part.
       ``(d) Prohibition.--No funds made available under this part 
     may be used to increase the salaries of or provide benefits 
     to (other than participation in professional development and 
     enrichment programs) teachers who are, or have been, employed 
     by the local educational agency.
       ``(e) Professional Development.--If a local educational 
     agency uses funds made available under this part for 
     professional development activities, the agency shall ensure 
     the equitable participation of private nonprofit elementary 
     and secondary schools in such activities. Section 6402 shall 
     not apply to other activities under this section.
       ``(f) Administrative Expenses.--A local educational agency 
     that receives funds under this part may use not more than 3 
     percent of such funds for local administrative expenses.

     ``SEC. 6606. COST-SHARING REQUIREMENT.

       (a) Federal Share.--The Federal share of the cost of 
     activities carried out under this part--
       ``(1) may be up to 100 percent in local educational 
     agencies with child-poverty levels of 50 percent or greater; 
     and
       ``(2) shall be no more than 65 percent for local 
     educational agencies with child-poverty rates of less than 50 
     percent.
       ``(b) Local Share.--A local educational agency shall 
     provide the non-Federal share of a project under this part 
     through cash expenditures from non-Federal sources, except 
     that if an agency has allocated funds under section 1113(c) 
     to one or more schoolwide programs under section 1114, it may 
     use those funds for the non-Federal share of activities under 
     this program that benefit those schoolwide programs, to the 
     extent consistent with section 1120A(c) and notwithstanding 
     section 1114(a)(3)(B).

     ``SEC. 6607. REQUEST FOR FUNDS.

       ``Each local educational agency that desires to receive 
     funds under this part shall include in the application 
     submitted under section 6303 a description of the agency's 
     program under this part to reduce class size by hiring 
     additional highly qualified teachers.

     ``SEC. 6608. REPORTS.

       ``(a) State.--Each State receiving funds under this part 
     shall report on activities in the State under this section, 
     consistent with section 6202(a)(2).
       ``(b) School.--Each school receiving assistance under this 
     part, or the local educational agency serving that school, 
     shall produce an annual report to parents, the general 
     public, and the State educational agency, in easily 
     understandable language, regarding student achievement that 
     is a result of hiring additional highly qualified teachers 
     and reducing class size.''.
                                 ______
                                 

                       BINGAMAN AMENDMENT NO. 51

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
amendment No. 31 proposed by Mr. Jeffords to the bill, S. 280, supra; 
as follows:

       At the end, add the following:

       TITLE ____--DROPOUT PREVENTION AND STATE RESPONSIBILITIES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``National Dropout 
     Prevention Act of 1999''.

                     Subtitle A--Dropout Prevention

     SEC. ____11. DROPOUT PREVENTION.

       Part C of title V of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as 
     follows:

        ``PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

               ``Subpart 1--Coordinated National Strategy

     ``SEC. 5311. NATIONAL ACTIVITIES.

       ``(a) National Priority.--It shall be a national priority, 
     for the 5-year period beginning on the date of enactment of 
     the National Dropout Prevention Act of 1999, to lower the 
     school dropout rate, and increase school completion, for 
     middle school and secondary school students in accordance 
     with Federal law. As part of this priority, all Federal 
     agencies that carry out activities that serve students at 
     risk of dropping out of school or that are intended to help 
     address the school dropout problem shall make school dropout 
     prevention a top priority in the agencies' funding priorities 
     during the 5-year period.
       ``(b) Enhanced Data Collection.--The Secretary shall 
     collect systematic data on the participation of different 
     racial and ethnic groups (including migrant and limited 
     English proficient students) in all Federal programs.

     ``SEC. 5312. NATIONAL SCHOOL DROPOUT PREVENTION STRATEGY.

       ``(a) Plan.--The Director shall develop, implement, and 
     monitor an interagency plan (in this section referred to as 
     the ``plan'') to assess the coordination, use of resources, 
     and availability of funding under Federal law that can be 
     used to address school dropout prevention, or middle school 
     or secondary school reentry. The plan shall be completed and 
     transmitted to the Secretary and Congress not later than 180 
     days after the first Director is appointed.
       ``(b) Coordination.--The plan shall address inter- and 
     intra-agency program coordination issues at the Federal level 
     with respect to school dropout prevention and middle school 
     and secondary school reentry, assess the targeting of 
     existing Federal services to students who are most at risk of 
     dropping out of school, and the cost-effectiveness of various 
     programs and approaches used to address school dropout 
     prevention.
       ``(c) Available Resources.--The plan shall also describe 
     the ways in which State and local agencies can implement 
     effective school dropout prevention programs using funds from 
     a variety of Federal programs, including the programs under 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.) and the School-to-Work Opportunities 
     Act of 1994 (20 U.S.C. 6101 et seq.).
       ``(d) Scope.--The plan will address all Federal programs 
     with school dropout prevention or school reentry elements or 
     objectives, programs under chapter 1 of subpart 2 of part A 
     of title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-11 et seq.), title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.), the School-
     to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.), 
     part B of title IV of the Job Training Partnership Act (29 
     U.S.C. 1691 et seq.), subtitle C of title I of the Workforce 
     Investment Act of 1998 (29 U.S.C 2881 et seq.), and other 
     programs.

     ``SEC. 5313. NATIONAL CLEARINGHOUSE.

       ``Not later than 6 months after the date of enactment of 
     the National Dropout Prevention Act of 1999, the Director 
     shall establish a national clearinghouse on effective school 
     dropout prevention, intervention and reentry programs. The 
     clearinghouse shall be established through a competitive 
     grant or contract awarded to an organization with a 
     demonstrated capacity to provide technical assistance and 
     disseminate information in the area of school dropout 
     prevention, intervention, and reentry programs. The 
     clearinghouse shall--
       ``(1) collect and disseminate to educators, parents, and 
     policymakers information on research, effective programs, 
     best practices, and available Federal resources with respect 
     to school dropout prevention, intervention, and reentry 
     programs, including dissemination by an electronically 
     accessible database, a worldwide Web site, and a national 
     journal; and
       ``(2) provide technical assistance regarding securing 
     resources with respect to, and designing and implementing, 
     effective and comprehensive school dropout prevention, 
     intervention, and reentry programs.

     ``SEC. 5314. NATIONAL RECOGNITION PROGRAM.

       ``(a) In General.--The Director shall carry out a national 
     recognition program that recognizes schools that have made 
     extraordinary progress in lowering school dropout rates under 
     which a public middle school or secondary school from each 
     State will be recognized. The Director shall use uniform 
     national guidelines that are developed by the Director for 
     the recognition program and shall recognize schools from 
     nominations submitted by State educational agencies.
       ``(b) Eligible Schools.--The Director may recognize any 
     public middle school or secondary school (including a charter 
     school) that has implemented comprehensive reforms regarding 
     the lowering of school dropout rates for all students at that 
     school.
       ``(c) Support.--The Director may make monetary awards to 
     schools recognized under this section, in amounts determined 
     by the Director. Amounts received under this section shall be 
     used for dissemination activities within the school district 
     or nationally.

       ``Subpart 2--National School Dropout Prevention Initiative

     ``SEC. 5321. FINDINGS.

       ``Congress finds that, in order to lower dropout rates and 
     raise academic achievement levels, improved and redesigned 
     schools must--
       ``(1) challenge all children to attain their highest 
     academic potential; and
       ``(2) ensure that all students have substantial and ongoing 
     opportunities to--
       ``(A) achieve high levels of academic and technical skills;
       ``(B) prepare for college and careers;
       ``(C) learn by doing;
       ``(D) work with teachers in small schools within schools;
       ``(E) receive ongoing support from adult mentors;
       ``(F) access a wide variety of information about careers 
     and postsecondary education and training;
       ``(G) use technology to enhance and motivate learning; and
       ``(H) benefit from strong links among middle schools, 
     secondary schools, and postsecondary institutions.

     ``SEC. 5322. PROGRAM AUTHORIZED.

       ``(a) Allotments to States.--
       ``(1) In general.--From the sum made available under 
     section 5332(b) for a fiscal year the Secretary shall make an 
     allotment to each State in an amount that bears the same 
     relation to the sum as the amount the State received under 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.) for the preceding fiscal

[[Page S2376]]

     year bears to the amount received by all States under such 
     title for the preceding fiscal year.
       ``(2) Definition of state.--In this subpart, the term 
     ``State'' means each of the several States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, the 
     Republic of the Marshall Islands, the Federated States of 
     Micronesia, and the Republic of Palau.
       ``(b) Grants.--From amounts made available to a State under 
     subsection (a), the State educational agency may award grants 
     to public middle schools or secondary schools, that have 
     school dropout rates which are in the highest \1/3\ of all 
     school dropout rates in the State, to enable the schools to 
     pay only the startup and implementation costs of effective, 
     sustainable, coordinated, and whole school dropout prevention 
     programs that involve activities such as--
       ``(1) professional development;
       ``(2) obtaining curricular materials;
       ``(3) release time for professional staff;
       ``(4) planning and research;
       ``(5) remedial education;
       ``(6) reduction in pupil-to-teacher ratios;
       ``(7) efforts to meet State student achievement standards; 
     and
       ``(8) counseling for at-risk students.
       ``(b) Intent of Congress.--It is the intent of Congress 
     that the activities started or implemented under subsection 
     (a) shall be continued with funding provided under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.).
       ``(c) Amount.--
       ``(1) In general.--Subject to subsection (d) and except as 
     provided in paragraph (2), a grant under this subpart shall 
     be awarded--
       ``(A) in the first year that a school receives a grant 
     payment under this subpart, in an amount that is not less 
     than $50,000 and not more than $100,000, based on factors 
     such as--
       ``(i) school size;
       ``(ii) costs of the model being implemented; and
       ``(iii) local cost factors such as poverty rates;
       ``(B) in the second such year, in an amount that is not 
     less than 75 percent of the amount the school received under 
     this subpart in the first such year;
       ``(C) in the third year, in an amount that is not less than 
     50 percent of the amount the school received under this 
     subpart in the first such year; and
       ``(D) in each succeeding year in an amount that is not less 
     than 30 percent of the amount the school received under this 
     subpart in the first such year.
       ``(2) Increases.--The Director shall increase the amount 
     awarded to a school under this subpart by 10 percent if the 
     school creates smaller learning communities within the school 
     and the creation is certified by the State educational 
     agency.
       ``(d) Duration.--A grant under this subpart shall be 
     awarded for a period of 3 years, and may be continued for a 
     period of 2 additional years if the State educational agency 
     determines, based on the annual reports described in section 
     5328(a), that significant progress has been made in lowering 
     the school dropout rate for students participating in the 
     program assisted under this subpart compared to students at 
     similar schools who are not participating in the program.

     ``SEC. 5323. STRATEGIES AND ALLOWABLE MODELS.

       ``(a) Strategies.--Each school receiving a grant under this 
     subpart shall implement research-based, sustainable, and 
     widely replicated, strategies for school dropout prevention 
     and reentry that address the needs of an entire school 
     population rather than a subset of students. The strategies 
     may include--
       ``(1) specific strategies for targeted purposes; and
       ``(2) approaches such as breaking larger schools down into 
     smaller learning communities and other comprehensive reform 
     approaches, developing clear linkages to career skills and 
     employment, and addressing specific gatekeeper hurdles that 
     often limit student retention and academic success.
       ``(b) Allowable Models.--The Director shall annually 
     establish and publish in the Federal Register the principles, 
     criteria, models, and other parameters regarding the types of 
     effective, proven program models that are allowed to be used 
     under this subpart, based on existing research.
       ``(c) Capacity Building.--
       ``(1) In general.--The Director, through a contract with a 
     non-Federal entity, shall conduct a capacity building and 
     design initiative in order to increase the types of proven 
     strategies for dropout prevention on a schoolwide level.
       ``(2) Number and duration.--
       ``(A) Number.--The Director shall award not more than 5 
     contracts under this subsection.
       ``(B) Duration.--The Director shall award a contract under 
     this section for a period of not more than 5 years.
       ``(d) Support for Existing Reform Networks.--
       ``(1) In general.--The Director shall provide appropriate 
     support to eligible entities to enable the eligible entities 
     to provide training, materials, development, and staff 
     assistance to schools assisted under this subpart.
       ``(2) Definition of eligible entity.--The term `eligible 
     entity' means an entity that, prior to the date of enactment 
     of the National Dropout Prevention Act of 1999--
       ``(A) provided training, technical assistance, and 
     materials to 100 or more elementary schools or secondary 
     schools; and
       ``(B) developed and published a specific educational 
     program or design for use by the schools.

     ``SEC. 5324. SELECTION OF SCHOOLS.

       ``(a) School Application.--
       ``(1) In general.--Each school desiring a grant under this 
     subpart shall submit an application to the State educational 
     agency at such time, in such manner, and accompanied by such 
     information as the State educational agency may require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall--
       ``(A) contain a certification from the local educational 
     agency serving the school that--
       ``(i) the school has the highest number or rates of school 
     dropouts in the age group served by the local educational 
     agency;
       ``(ii) the local educational agency is committed to 
     providing ongoing operational support, for the school's 
     comprehensive reform plan to address the problem of school 
     dropouts, for a period of 5 years; and
       ``(iii) the local educational agency will support the plan, 
     including--

       ``(I) release time for teacher training;
       ``(II) efforts to coordinate activities for feeder schools; 
     and
       ``(III) encouraging other schools served by the local 
     educational agency to participate in the plan;

       ``(B) demonstrate that the faculty and administration of 
     the school have agreed to apply for assistance under this 
     subpart, and provide evidence of the school's willingness and 
     ability to use the funds under this subpart, including 
     providing an assurance of the support of 80 percent or more 
     of the professional staff at the school;
       ``(C) describe the instructional strategies to be 
     implemented, how the strategies will serve all students, and 
     the effectiveness of the strategies;
       ``(D) describe a budget and timeline for implementing the 
     strategies;
       ``(E) contain evidence of interaction with an eligible 
     entity described in section 5323(d)(2);
       ``(F) contain evidence of coordination with existing 
     resources;
       ``(G) provide an assurance that funds provided under this 
     subpart will supplement and not supplant other Federal, 
     State, and local funds;
       ``(H) describe how the activities to be assisted conform 
     with an allowable model described in section 5323(b); and
       ``(I) demonstrate that the school and local educational 
     agency have agreed to conduct a schoolwide program under 
     1114.
       ``(b) State Agency Review and Award.--The State educational 
     agency shall review applications and award grants to schools 
     under subsection (a) according to a review by a panel of 
     experts on school dropout prevention.
       ``(c) Criteria.--The Director shall establish clear and 
     specific selection criteria for awarding grants to schools 
     under this subpart. Such criteria shall be based on school 
     dropout rates and other relevant factors for State 
     educational agencies to use in determining the number of 
     grants to award and the type of schools to be awarded grants.
       ``(d) Eligibility.--
       ``(1) In general.--A school is eligible to receive a grant 
     under this subpart if the school is--
       ``(A) a public school--
       ``(i) that is eligible to receive assistance under part A 
     of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.), including a comprehensive 
     secondary school, a vocational or technical secondary school, 
     and a charter school; and
       ``(ii)(I) that serves students 50 percent or more of whom 
     are low-income individuals; or
       ``(II) with respect to which the feeder schools that 
     provide the majority of the incoming students to the school 
     serve students 50 percent or more of whom are low-income 
     individuals; or
       ``(B) is participating in a schoolwide program under 
     section 1114 during the grant period.
       ``(2) Other schools.--A private or parochial school, an 
     alternative school, or a school within a school, is not 
     eligible to receive a grant under this subpart, but an 
     alternative school or school within a school may be served 
     under this subpart as part of a whole school reform effort 
     within an entire school building.
       ``(e) Community-Based Organizations.--A school that 
     receives a grant under this subpart may use the grant funds 
     to secure necessary services from a community-based 
     organization, including private sector entities, if--
       ``(1) the school approves the use;
       ``(2) the funds are used to provide school dropout 
     prevention and reentry activities related to schoolwide 
     efforts; and
       ``(3) the community-based organization has demonstrated the 
     organization's ability to provide effective services as 
     described in section 107(a) of the Job Training Partnership 
     Act (29 U.S.C. 1517(a)), or section 122 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2842).
       ``(f) Coordination.--Each school that receives a grant 
     under this subpart shall coordinate the activities assisted 
     under this subpart with other Federal programs, such as 
     programs assisted under chapter 1 of subpart 2 of part A of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070a-11 et seq.) and the School-to-Work Opportunities Act of 
     1994 (20 U.S.C. 6101 et seq.).

[[Page S2377]]

     ``SEC. 5325. DISSEMINATION ACTIVITIES.

       ``Each school that receives a grant under this subpart 
     shall provide information and technical assistance to other 
     schools within the school district, including presentations, 
     document-sharing, and joint staff development.

     ``SEC. 5326. PROGRESS INCENTIVES.

       ``Notwithstanding any other provision of law, each local 
     educational agency that receives funds under title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) shall use such funding to provide assistance to 
     schools served by the agency that have not made progress 
     toward lowering school dropout rates after receiving 
     assistance under this subpart for 2 fiscal years.

     ``SEC. 5327. SCHOOL DROPOUT RATE CALCULATION.

       ``For purposes of calculating a school dropout rate under 
     this subpart, a school shall use--
       ``(1) the annual event school dropout rate for students 
     leaving a school in a single year determined in accordance 
     with the National Center for Education Statistics' Common 
     Core of Data, if available; or
       ``(2) in other cases, a standard method for calculating the 
     school dropout rate as determined by the State educational 
     agency.

     ``SEC. 5328. REPORTING AND ACCOUNTABILITY.

       ``(a) Reporting.--In order to receive funding under this 
     subpart for a fiscal year after the first fiscal year a 
     school receives funding under this subpart, the school shall 
     provide, on an annual basis, to the Director a report 
     regarding the status of the implementation of activities 
     funded under this subpart, the disaggregated outcome data for 
     students at schools assisted under this subpart such as 
     dropout rates, and certification of progress from the 
     eligible entity whose strategies the school is implementing.
       ``(b) Accountability.--On the basis of the reports 
     submitted under subsection (a), the Director shall evaluate 
     the effect of the activities assisted under this subpart on 
     school dropout prevention compared to a control group.

     ``SEC. 5329. PROHIBITION ON TRACKING.

       ``(a) In General.--A school shall be ineligible to receive 
     funding under this subpart for a fiscal year, if the school--
       ``(1) has in place a general education track;
       ``(2) provides courses with significantly different 
     material and requirements to students at the same grade 
     level; or
       ``(3) fails to encourage all students to take a core 
     curriculum of courses.
       ``(b) Regulations.--The Secretary shall promulgate 
     regulations implementing subsection (a).

       ``Subpart 3--Definitions; Authorization of Appropriations

     ``SEC. 5331. DEFINITIONS.

       ``In this Act:
       ``(1) Director.--The term ``Director'' means the Director 
     of the Office of Dropout Prevention and Program Completion 
     established under section 220 of the General Education 
     Provisions Act.
       ``(2) Low-income.--The term ``low-income'', used with 
     respect to an individual, means an individual determined to 
     be low-income in accordance with measures described in 
     section 1113(a)(5) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6313(a)(5)).
       ``(3) School dropout.--The term ``school dropout'' has the 
     meaning given the term in section 4(17) of the School-to-Work 
     Opportunities Act of 1994 (20 U.S.C. 6103(17)).

     ``SEC. 5332. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Subpart 1.--There are authorized to be appropriated 
     to carry out subpart 1, $5,000,000 for fiscal year 2000 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years.
       ``(b) Subpart 2.--There are authorized to be appropriated 
     to carry out subpart 2, $145,000,000 for fiscal year 2000 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years, of which--
       ``(1) $125,000,000 shall be available to carry out section 
     5322; and
       ``(2) $20,000,000 shall be available to carry out section 
     5323.''.

     SEC. ____12. OFFICE OF DROPOUT PREVENTION AND PROGRAM 
                   COMPLETION.

       Title II of the Department of Education Organization Act 
     (20 U.S.C. 3411) is amended--
       (1) by redesignating section 216 (as added by Public Law 
     103-227) as section 218; and
       (2) by adding at the end the following:


         ``office of dropout prevention and program completion

       ``Sec. 220. (a) Establishment.--There shall be in the 
     Department of Education an Office of Dropout Prevention and 
     Program Completion (hereafter in this section referred to as 
     the `Office'), to be administered by the Director of the 
     Office of Dropout Prevention and Program Completion. The 
     Director of the Office shall report directly to the Secretary 
     and shall perform such additional functions as the Secretary 
     may prescribe.
       ``(b) Duties.--The Director of the Office of Dropout 
     Prevention and Program Completion (hereafter in this section 
     referred to as the `Director'), through the Office, shall--
       ``(1) help coordinate Federal, State, and local efforts to 
     lower school dropout rates and increase program completion by 
     middle school, secondary school, and college students;
       ``(2) recommend Federal policies, objectives, and 
     priorities to lower school dropout rates and increase program 
     completion;
       ``(3) oversee the implementation of subpart 2 of part C of 
     title V of the Elementary and Secondary Education Act of 
     1965;
       ``(4) develop and implement the National School Dropout 
     Prevention Strategy under section 5312 of the Elementary and 
     Secondary Education Act of 1965;
       ``(5) annually prepare and submit to Congress and the 
     Secretary a national report describing efforts and 
     recommended actions regarding school dropout prevention and 
     program completion;
       ``(6) recommend action to the Secretary and the President, 
     as appropriate, regarding school dropout prevention and 
     program completion; and
       ``(7) consult with and assist State and local governments 
     regarding school dropout prevention and program completion.
       ``(c) Scope of Duties.--The scope of the Director's duties 
     under subsection (b) shall include examination of all Federal 
     and non-Federal efforts related to--
       ``(1) promoting program completion for children attending 
     middle school or secondary school;
       ``(2) programs to obtain a secondary school diploma or its 
     recognized equivalent (including general equivalency diploma 
     (GED) programs), or college degree programs; and
       ``(3) reentry programs for individuals aged 12 to 24 who 
     are out of school.
       ``(d) Detailing.--In carrying out the Director's duties 
     under this section, the Director may request the head of any 
     Federal department or agency to detail personnel who are 
     engaged in school dropout prevention activities to another 
     Federal department or agency in order to implement the 
     National School Dropout Prevention Strategy.''.

                   Subtitle B--State Responsibilities

     SEC. ____21. STATE RESPONSIBILITIES.

       Title XIV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end 
     the following:

                      ``PART I--DROPOUT PREVENTION

     ``SEC. 14851. DROPOUT PREVENTION.

       ``In order to receive any assistance under this Act, a 
     State educational agency shall comply with the following 
     provisions regarding school dropouts:
       ``(1) Uniform data collection.--Within 1 year after the 
     date of enactment of the National Dropout Prevention Act of 
     1999, a State educational agency shall report to the 
     Secretary and statewide, all school district and school data 
     regarding school dropout rates in the State, and demographic 
     breakdowns, according to procedures that conform with the 
     National Center for Education Statistics' Common Core of 
     Data.
       ``(2) Attendance-neutral funding policies.--Within 2 years 
     after the date of enactment of the National Dropout 
     Prevention Act of 1999, a State educational agency shall 
     develop and implement education funding formula policies for 
     public schools that provide appropriate incentives to retain 
     students in school throughout the school year, such as--
       ``(A) a student count methodology that does not determine 
     annual budgets based on attendance on a single day early in 
     the academic year; and
       ``(B) specific incentives for retaining enrolled students 
     throughout each year.
       ``(3) Suspension and expulsion policies.--Within 2 years 
     after the date of enactment of the National Dropout 
     Prevention Act of 1998, a State educational agency shall 
     develop uniform, long-term suspension and expulsion policies 
     for serious infractions resulting in more than 10 days of 
     exclusion from school per academic year so that similar 
     violations result in similar penalties.''.

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