[Congressional Record Volume 145, Number 36 (Monday, March 8, 1999)]
[Senate]
[Pages S2421-S2424]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

             EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

                                 ______
                                 

                       FEINSTEIN AMENDMENT NO. 52

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
to the bill (S. 280) to provide for education flexibility partnerships; 
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 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 and other indicators, such as grades and 
     teacher evaluations, to assess student performance in meeting 
     the State achievement standards, which tests shall be valid 
     for the purpose of such assessment; 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, unless the practice is consistent with 
     the student's individualized education program under section 
     614(d) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1414(d).
       (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.
                                 ______
                                 

                        BAUCUS AMENDMENT NO. 53

  (Ordered to lie on the table.)
  Mr. BAUCUS submitted an amendment intended to be proposed by him to 
the bill, S. 280, supra; as follows:

       At the end, add the following:

     SEC. __. SENSE OF SENATE.

       (a) Findings.--Congress makes the following findings:
       (1) Research shows that the lack of consistent access to 
     highly competent teachers adversely impacts student 
     achievement.
       (2) Teachers are the most basic educational resource that 
     communities provide their students. All students deserve 
     access to well prepared, high quality teachers.
       (3) The Nation's schools will need to hire 2,200,000 
     teachers during the 10-year period following 1999. One-half 
     to two-thirds of the teachers will be first-time teachers.
       (4) High poverty urban and rural school districts face the 
     greatest challenges in recruiting, supporting, and retraining 
     teachers. The school districts will need over 700,000 
     teachers during the 10-year period following 1999.
       (5) Thirty percent of newly hired teachers enter the 
     teaching profession without having fully met State licensing 
     standards.
       (6) There are nationwide shortages of qualified 
     mathematics, science, special education, foreign language, 
     and bilingual teachers.
       (7) While minority students make up more than 30 percent of 
     our Nation's student population, only 13 percent of our 
     Nation's teachers are minorities.
       (8) Up to 40 percent of our Nation's students come from 
     rural schools. But less than 22 percent of Federal funding 
     goes to rural schools.
       (b) Sense of Senate.--It is the sense of the Senate that 
     significant additional resources should be provided to 
     increase the recruitment of high quality teachers in rural 
     areas as well as high poverty urban areas.
                                 ______
                                 

                 DORGAN (AND BINGAMAN) AMENDMENT NO. 54

  (Ordered to lie on the table.)
  Mr. DORGAN (for himself and Mr. Bingaman) submitted an amendment 
intended to be proposed by him to the bill, S. 280, supra; as follows:

       At the end, add the following:

               TITLE __--STANDARDIZED SCHOOL REPORT CARDS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Standardized School Report 
     Card Act''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) According to the report ``Quality Counts 99'', by 
     Education Week, 36 States require the publishing of annual 
     report cards on individual schools, but the content of the 
     report cards varies widely.
       (2) The content of most of the report cards described in 
     paragraph (1) does not provide parents with the information 
     the parents need to measure how their school or State is 
     doing compared with other schools and States.
       (3) Ninety percent of taxpayers believe that published 
     information about individual schools would motivate educators 
     to work harder to improve the schools' performance.
       (4) More than 60 percent of parents and 70 percent of 
     taxpayers have not seen an individual report card for their 
     area school.
       (5) Dissemination of understandable information about 
     schools can be an important tool for parents and taxpayers to 
     measure

[[Page S2422]]

     the quality of the schools and to hold the schools 
     accountable for improving performance.

     SEC. __03. PURPOSE.

       The purpose of this title is to provide parents, taxpayers, 
     and educators with useful, understandable school report 
     cards.

     SEC. __04. REPORT CARDS.

       (a) State Report Cards.--Each State educational agency 
     receiving assistance under the Elementary and Secondary 
     Education Act of 1965 shall produce and widely disseminate an 
     annual report card for parents, the general public, teachers 
     and the Secretary of Education, in easily understandable 
     language, regarding--
       (1) student performance in language arts and mathematics, 
     plus any other subject areas in which the State requires 
     assessments, including comparisons with students from 
     different school districts within the State, and, to the 
     extent possible, comparisons with students throughout the 
     Nation;
       (2) professional qualifications of teachers in the State, 
     the number of teachers teaching out of field, and the number 
     of teachers with emergency certification;
       (3) average class size in the State;
       (4) school safety, including the safety of school 
     facilities and incidents of school violence;
       (5) to the extent practicable, parental involvement, as 
     measured by the extent of parental participation in school 
     parental involvement policies described in section 1118(b) of 
     the Elementary and Secondary Education Act of 1965;
       (6) the annual school dropout rate, as calculated by 
     procedures conforming with the National Center for Education 
     Statistics Common Core of Data; and
       (7) other indicators of school performance and quality.
       (b) School Report Cards.--Each school receiving assistance 
     under the Elementary and Secondary Education Act of 1965, or 
     the local educational agency serving that school, shall 
     produce and widely disseminate an annual report card for 
     parents, the general public, teachers and the State 
     educational agency, in easily understandable language, 
     regarding--
       (1) student performance in the school in reading and 
     mathematics, plus any other subject areas in which the State 
     requires assessments, including comparisons with other 
     students within the school district, in the State, and, to 
     the extent possible, in the Nation;
       (2) professional qualifications of the school's teachers, 
     the number of teachers teaching out of field, and the number 
     of teachers with emergency certification;
       (3) average class size in the school;
       (4) school safety, including the safety of the school 
     facility and incidents of school violence;
       (5) parental involvement, as measured by the extent of 
     parental participation in school parental involvement 
     policies described in section 1118(b) of the Elementary and 
     Secondary Education Act of 1965;
       (6) the annual school dropout rate, as calculated by 
     procedures conforming with the National Center for Education 
     Statistics Common Core of Data; and
       (7) other indicators of school performance and quality.
       (c) Model School Report Cards.--The Secretary of Education 
     shall use funds made available to the Office of Educational 
     Research and Improvement to develop a model school report 
     card for dissemination, upon request, to a school, local 
     educational agency, or State educational agency.
       (d) Disaggregation of Data.--Each State educational agency 
     or school producing an annual report card under this section 
     shall disaggregate the student performance data reported 
     under subsection (a)(1) or (b)(1), as appropriate, in the 
     same manner as results are disaggregated under section 
     1111(b)(3)(I) of the Elementary and Secondary Education Act 
     of 1965.
                                 ______
                                 

                       JEFFORDS AMENDMENT NO. 55

  Mr. JEFFORDS proposed an amendment to amendment No. 40 proposed by 
Mr. Jeffords to the bill, S. 280, supra; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. IDEA.

       Section 307 of the Department of Education Appropriations 
     Act, 1999, is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (2);
       (B) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as paragraphs (1) and (2), respectively; and
       (C) by striking ``(b)(1)'' and inserting ``(b)''; and
       (2) by striking subsections (c) through (g) and inserting 
     the following:
       ``(c) Each local educational agency that receives funds 
     under this section shall use such funds to carry out 
     activities under part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.) in accordance with the 
     requirements of such part.''.
                                 ______
                                 

                 MURRAY (AND KENNEDY) AMENDMENT NO. 56

  Mr. KENNEDY (for Mrs. Murray for herself and Mr. Kennedy) proposed an 
amendment to the motion to recommit proposed by Mr. Kennedy to the 
bill, S. 280, supra; as follows:

       At the end of the bill, 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

[[Page S2423]]

     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--
       ``(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.''.
                                 ______
                                 

                       FEINSTEIN AMENDMENT NO. 57

  (Ordered to lie on the table.)
  Mrs. FEINSTEIN submitted an amendment intended to be proposed by her 
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 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 and other indicators, such as grades and 
     teacher evaluations, to assess student performance in meeting 
     the State achievement standards, which tests shall be valid 
     for the purpose of such assessment; 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, unless the practice is consistent with 
     the student's individualized education program under section 
     614(d) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1414(d).
       (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.

[[Page S2424]]

                                 ______
                                 

                JEFFORDS (AND BINGAMAN) AMENDMENT NO. 58

  Mr. LOTT (for Mr. Jeffords for himself and Mr. Bingaman) proposed an 
amendment to amendment No. 56 proposed by Mrs. Murray to the bill, S. 
280, supra; as follows:

       In lieu of the instructions, insert the following:
       Report back forthwith with the following amendment:
       At the end of the bill, add the following:

     SEC. __. IDEA.

       Section 307 of the Department of Education Appropriations 
     Act, 1999, is amended by adding after subsection (g) the 
     following:
       ``(h) Notwithstanding subsections (b)(2), and (c) through 
     (g), a local educational agency may use funds received under 
     this section to carry out activities under part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) in accordance with the requirements of such part.''.
                                 ______
                                 

                       JEFFORDS AMENDMENT NO. 59

  Mr. LOTT (for Mr. Jeffords) proposed an amendment to amendment No. 58 
proposed by Mr. Jeffords to the bill, S. 280, supra; as follows:

       In the pending amendment, strike all after the word 
     ``IDEA'' and insert the following:
       Section 307 of the Department of Education Appropriations 
     Act, 1999, is amended by adding after subsection (g) the 
     following:
       ``(h) Notwithstanding subsections (b)(2), and (c) through 
     (g), a local educational agency may use funds received under 
     this section to carry out activities under part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) in accordance with the requirements of such part.''.
       (i) This section shall become effective 1 day after 
     enactment of this Act.

                          ____________________