[Congressional Record Volume 145, Number 37 (Tuesday, March 9, 1999)]
[House]
[Pages H1070-H1074]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 800

                         Offered By: Mr. Castle

       Amendment No. 2: In section 4(a)(4)(A)(iii) (of H.R. 800, 
     as reported), strike ``or'' and insert ``and''.
       In section 4(a) (of H.R. 800, as reported), strike 
     paragraph (5) and insert the following:
       ``(5) Oversight and reporting.--
       ``(A) In general.--
       ``(i) Oversight.--Each State educational agency 
     participating in the education flexibility program under this 
     section shall annually monitor the activities of local 
     educational agencies and schools receiving waivers under this 
     section. Such monitoring shall include a review of relevant 
     audit, technical assistance, evaluation, and performance 
     reports.
       ``(ii) Reporting.--The State educational agency shall 
     submit to the Secretary an annual report on the results of 
     such oversight and its impact on the improvement of education 
     programs.
       ``(B) Performance data.--
       ``(i) State reporting.--Not later than 2 years after a 
     State is designated as an Ed-Flex Partnership State, each 
     such State shall include, as part of their report to the 
     Secretary under clause (ii) of subparagraph (A), performance 
     data demonstrating the degree to which progress has been made 
     toward meeting the objectives outlined in section 3(A)(iii). 
     The report to the Secretary shall, when applicable, include--

       ``(I) information on the total number of waivers granted, 
     including the number of waivers granted for each type of 
     waiver;
       ``(II) information describing the types and characteristics 
     of waivers granted and their relationship to the progress of 
     local educational agencies and schools toward meeting their 
     performance objectives; and
       ``(III) an assurance from State program managers that the 
     data used to measure performance of the education flexibility 
     program under this section are reliable, complete, and 
     accurate, as defined by the State, or a description of a plan 
     for improving the reliability, completeness, and accuracy of 
     such data.''.

       ``(ii) Secretary report.--The Secretary shall--

       ``(I) make each State report available to Congress and the 
     general public;
       ``(II) submit to Congress a report, on a timely basis, that 
     addresses the impact that

[[Page H1071]]

     the education flexibility program under this section has had 
     with regard to performance objectives described in paragraph 
     (3)(A)(iii).

     The Secretary shall include in the report to Congress an 
     assurance that the data used to measure performance of the 
     education flexibility program under this section are 
     complete, reliable, and accurate or a plan for improving the 
     reliability, completeness, and accuracy of such data.''.

                                H.R. 800

                          Offered By: Mr. Clay

       Amendment No. 3: In section 4(b) (of H.R. 800, as 
     reported), strike paragraph (5) and insert the following:
       (5) Beginning in fiscal year 2000, if a local educational 
     agency participates in the class size reduction program 
     described under section 5 and uses 90 percent of the funds 
     made available under section 6002 of the Elementary and 
     Secondary Education Act of 1965 for such class size reduction 
     program, with the remainder of such funds used to enhance 
     student achievement in accordance with title VI of such Act, 
     the local educational agency may waive the provisions of such 
     title VI without seeking the approval of the Secretary or 
     State, except as provided in subsection (c).
       At the end of the bill (H.R. 800, as reported), add the 
     following:

     SEC. 5. CLASS SIZE REDUCTION.

       (A) Allotments.--
       (a) Within State Distribution.--
       (1) In general.--Each State that makes funds available 
     under Title VI to expend under this section shall distribute 
     the amount of the allotted funds to local educational 
     agencies in the State, of which--
       (A) 80 percent of such amount 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; and
       (B) 20 percent of such amount 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.
       (b) Uses of Funds.--Each local educational agency that 
     expends funds under this section 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 research has shown class size 
     reduction is most effective.
       (c) 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 used under this 
     section for each fiscal year to carry out activities 
     described in subparagraphs (B) and (C) of paragraph (1).
       (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 under this section--
       (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.
       (d) Supplement Not Supplant.--A local educational agency 
     shall use funds under this section 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 section.
       (e) Prohibition.--No funds expended under this section 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.
       (f) Professional Development.--If a local educational 
     agency uses funds under this section 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.
       (g) Administrative Expenses.--A local educational agency 
     that expends funds under this section may use not more than 3 
     percent of such funds for local administrative expenses.
       (h) Federal Share.--The Federal share of the cost of 
     activities carried out under this section--
       (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.
       (i) Local Share.--A local educational agency shall provide 
     the non-Federal share of a project under this section 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).
       (j) Request for Funds.--Each local educational agency that 
     desires to expend funds under the provisions section shall 
     include in the application submitted under section 6303 a 
     description of the agency's program under this section to 
     reduce class size by hiring additional highly qualified 
     teachers.
       (k) Reports.--
       (1) State reports.--Each State expending funds under this 
     section shall report on activities in the State under this 
     section, consistent with section 6202(a)(2).
       (2) School reports.--Each school expending funds under this 
     section, 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.''.

                                H.R. 800

                          Offered By: Mr. Clay

       Amendment No. 4: At the end of the bill (H.R. 800, as 
     reported) add the following:

     SEC. 5. 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 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.

[[Page H1072]]

     ``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.
       ``(c) Within State Distribution.--
       ``(1) In general.--Each State that receives an allotment 
     under this section shall distribute the amount of the 
     allotted funds to local educational agencies in the State, of 
     which--
       ``(A) 80 percent of such amount 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; and
       ``(B) 20 percent of such amount 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 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.''.

                                H.R. 800

                        Offered By: Mrs. Clayton

       Amendment No. 5: Add at the end of the bill the following:

     SEC. 5. 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

[[Page H1073]]

       ``(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.

                                H.R. 800

                         Offered By: Mr. Ehlers

       Amendment No. 6: In section 4(a)(4)(C)(i) (of H.R. 800, as 
     reported), strike ``and'' after the semicolon.
       In section 4(a)(4)(C)(ii) (of H.R. 800, as reported), 
     strike the period and insert ``; and''.
       After section 4(a)(4)(C)(ii) (of H.R. 800, as reported), 
     insert the following:
       (iii) the State educational agency is satisfied that the 
     underlying purposes of the statutory requirements of each 
     program or Act for which a waiver is granted continue to be 
     met.

                                H.R. 800

                         Offered By: Mr. Fattah

       Amendment No. 7: At the end of section 4(a)(2)(B) strike 
     the period and insert ``; and''.
       After section 4(a)(2)(B) (of H.R. 800, as reported) insert 
     the following:
       (C) has a coefficient of variation of per pupil 
     expenditures in local educational agencies statewide for 
     elementary and secondary education of less than 10 percent, 
     with the coefficient of variation calculated based on 
     intrastate expenditures for current operations, as determined 
     by the State, without regard to Federal contributions.

                                H.R. 800

                         Offered By: Mr. Fattah

       Amendment No. 8: In section 4(a)(3)(A)(iv), strike ``and'' 
     after the semicolon.
       In section 4(a)(3)(A)(v)(I), strike the period and insert 
     ``; and''.
       After section 4(a)(3)(A)(v)(II), insert the following:
       (vi) an assurance that the coefficient of variation of per 
     pupil expenditures in local educational agencies statewide 
     for elementary and secondary education in such State is less 
     than 10 percent, with the coefficient of variation calculated 
     based on intrastate expenditures for current operations, as 
     determined by the State, without regard to Federal 
     contributions.
       In section 4(a)(3)(B)(iv), strike ``and'' after the 
     semicolon.
       In section 4(a)(3)(B)(v), strike the period and insert ``; 
     and''.
       After section 4(a)(3)(B)(v), insert the following:
       (vi) if the coefficient of variation of per pupil 
     expenditures in local educational agencies statewide for 
     elementary and secondary education in such State is less than 
     10 percent as provided in subparagraph (A)(vi).

                                H.R. 800

                         Offered By: Mr. Fattah

       Amendment No. 9: In section 4(a)(3)(B)(iv), strike ``and'' 
     after the semicolon.
       In section 4(a)(3)(B)(v), strike the period and insert ``; 
     and''.
       After section 4(a)(3)(B)(v), insert the following:
       (vi) if the coefficient of variation of per pupil 
     expenditures in local educational agencies statewide for 
     elementary and secondary education in such State is less than 
     10 percent, with the coefficient of variation calculated 
     based on intrastate expenditures for current operations, as 
     determined by the State, without regard to Federal 
     contributions.

                                H.R. 800

                          Offered By: Mr. Holt

       Amendment No.  10: In section 4(a)(4)(A)(iv) (of H.R. 800, 
     as reported), strike ``and''.
       In section 4(a)(4)(A)(v) (of H.R. 800, as reported), strike 
     the period and insert ``; and''.
       After subclause (v) of section 4(a)(4)(A) (of H.R. 800, as 
     reported), insert the following:
       (vi) if applying for a waiver of section 2206 of the 
     Elementary and Secondary Education Act of 1965, the local 
     education agency's application for such waiver must include a 
     description of how the professional development needs of its 
     teachers in the areas of mathematics and science will be, or 
     are being, met.

                                H.R. 800

                         Offered By: Mr. Kildee

       Amendment No. 11: In section 4(c) (of H.R. 800, as 
     reported) after ``Secretary'', insert ``or a State 
     educational agency''.
       At the end of section 4(c)(1)(G) (of H.R. 800, as 
     reported), strike ``and''.
       After subparagraph (H) of section 4(c) (of H.R. 800, as 
     reported), insert the following:
       (I) requirements under title VI of the Elementary and 
     Secondary Education Act of 1965 unless 75 percent or more of 
     the funds received under such title in fiscal year 2000, and 
     any subsequent fiscal year, are used to reduce class size in 
     accordance with section 307 of the Department of Education 
     Appropriations Act, 1999; and

                                H.R. 800

              Offered By: Mr. George Miller of California

       Amendment No. 12: In section 4(a)(2)(A)(i) (of H.R. 800, as 
     reported), strike ``or'' after the semicolon.
       In section 4(a)(2)(A)(i) (of H.R. 800, as reported), strike 
     subclause (II) and insert the following:
       (II) developed a system to measure the degree of change 
     from one school year to the next in student performance on 
     such assessments;
       (III) developed a system under which assessment information 
     is disaggregated by race, ethnicity, sex, English proficiency 
     status, migrant status, and socioeconomic status for the 
     State, each local educational agency, and each school, except 
     that such disaggregation shall not be required in cases in 
     which the number of students in any such group is 
     insufficient to yield statistically reliable information or 
     would reveal the identity of an individual student; and
       (IV) established specific, measurable, numerical 
     performance objectives for student achievement, including--

       (aa) a definition of performance considered to be 
     satisfactory to the State on the assessment instruments 
     described under subclauses I, II, and III with performance 
     objectives established for all students and for specific 
     student groups, including groups for which data is 
     disaggregated under subclause III; and
       (bb) the objective of improving the performance of all 
     groups and narrowing gaps in performance between those 
     groups.

       In section 4(a)(2)(A)(ii) (of H.R. 800, as reported) after 
     ``under'' insert ``clause (i)(IV) and''.
       In section 4(a)(3)(A)(iii) (of H.R. 800, as reported) after 
     ``plan'' insert ``consistent with paragraph (2)(A)(i)''.

                                H.R. 800

              Offered By: Mr. George Miller of California

       Amendment No. 13: At the end of section 4(c)(1)(G) (of H.R. 
     800, as reported), strike ``and''.
       After subparagraph (H) of section 4(c) (of H.R. 800, as 
     reported), insert the following:
       (I) limitations on the share of Federal funds that may be 
     used for State and local administration in accordance with 
     section 1111(g) of the Elementary and Secondary Education Act 
     of 1965; and

                                H.R. 800

              Offered By: Mr. George Miller of California

       Amendment No. 14: At the end of section 4(c)(1)(G) (of H.R. 
     800, as reported), strike ``and''.
       After subparagraph (H) of section 4(c)(1) (of H.R. 800, as 
     reported), insert the following:
       (I) the qualifications of instructional staff, including 
     staff described in section 1119(i) of the Elementary and 
     Secondary Education Act of 1965; and

                                H.R. 800

                    Offered By: Mrs. Mink of Hawaii

       Amendment No. 15: In section 4(c) (of H.R. 800, as 
     reported) after ``Secretary'', insert ``or a State 
     educational agency''.
       At the end of section 4(c)(1)(G) (of H.R. 800, as 
     reported), strike ``and''.
       After subparagraph (H) of section 4(c) (of H.R. 800, as 
     reported), insert the following:
       (I) the professional development requirements of section 
     1119 of the Elementary and Secondary Education Act of 1965; 
     and

                                H.R. 800

                    Offered By: Mrs. Mink of Hawaii

       Amendment No. 16: In section 4(c)(1)(G) (of H.R. 800, as 
     reported), after ``civil rights'' insert ``and sex equity''.

                                H.R. 800

                         Offered By: Mr. Payne

       Amendment No. 17: At the end of section 1 (of H.R. 800, as 
     reported) add the following:

       (8) The recent report `Promising Results, Continuing 
     Challenges: The Final Report of the National Assessment of 
     Title I'', issued by the Department of Education, found that 
     the poorest children can be adversely affected by the 
     issuance of waivers as demonstrated by the finding that 
     waivers resulted in a reduction in the median school 
     allocation per pupil in waiver districts of 18 percent in 
     1995-1996 and 12 percent in 1997-1998.

                                H.R. 800

                         Offered By: Mr. Payne

       Amendment No. 18: In section 4(c) (of H.R. 800, as 
     reported) after ``Secretary'', insert ``or a State 
     educational agency''.
       At the end of section 4(c)(1)(G) (of H.R. 800, as 
     reported), strike ``and''.
       After subparagraph (H) of section 4(c) (of H.R. 800, as 
     reported), insert the following:
       (I) serving eligible school attendance areas in rank order 
     under section 1113(a)(3) of the Elementary and Secondary 
     Education Act of 1965; and

                                H.R. 800

                     Offered By: Ms. Roybal-Allard

       Amendment No. 19: At the end of section 4(a)(5)(A) (of H.R. 
     800, as reported), add the

[[Page H1074]]

     following sentence: ``Such report shall include statistical 
     information regarding the number and percentage of elementary 
     and secondary school students by gender, race, and ethnic 
     origin who drop out of a school that received a waiver under 
     this section.''.
       In section 4(a)(6)(B)(i) (of H.R. 800, as reported), strike 
     ``and'' after the semicolon.
       In section 4(a)(6)(B) (of H.R. 800, as reported), 
     redesignate clause (ii) as (iii) and insert after clause (i) 
     the following:
       (ii) review the progress of each State in reducing its 
     student dropout rate; and

                                H.R. 800

                         Offered By: Mr. Scott

       Amendment No. 20: At the end of section 1 (of H.R. 800, as 
     reported) add the following:
       (8) The purpose of education flexibility is to allow 
     States, local educational agencies, and schools to administer 
     Federal education programs more effectively without reducing 
     resources to schools with the highest concentrations of poor 
     children.

                                H.R. 800

                         Offered By: Mr. Scott

       Amendment No. 21: In section 4(c) (of H.R. 800, as 
     reported), after ``Secretary'', insert ``or a State 
     educational agency''.
       At the end of section 4(c)(1)(G) (of H.R. 800, as 
     reported), strike ``and''.
       After subparagraph (H) of section 4(c) (of H.R. 800, as 
     reported), insert the following:
       (I) in the case of a school that participates in a 
     schoolwide program under section 1114 of the Elementary and 
     Secondary Education Act of 1965, the eligibility requirements 
     of such section if such a school serves a school attendance 
     area in which less than 35 percent of the children are from 
     low-income families; and

                                H.R. 800

                         Offered By: Mr. Scott

       Amendment No. 22: Redesignate subsection (g) of section 4 
     (of H.R. 800, as reported) as subsection (h), and after 
     subsection (f) of such section, insert the following:
       (g) Rule of Construction.--Nothing in this section shall be 
     construed to require a local educational agency to allocate 
     the same per-pupil amount to each participating school 
     attendance area or school if such agency allocated higher 
     per-pupil amounts to areas or schools with higher 
     concentrations of poverty than to areas or schools with lower 
     concentrations of poverty.

                                H.R. 800

                       Offered By: Mrs. Tauscher

       Amendment No. 23: At the end of section 1 (of H.R. 800, as 
     reported) add the following:
       (8) Quality, after-school child care programs enhance the 
     academic performance of school-age children. Therefore, when 
     reallocating resources made available by the authority 
     granted under this Act, schools that receive waiver authority 
     under this Act should promote after-school, educational child 
     care programs for children who are enrolled in such schools.

                                H.R. 800

                       Offered By: Mrs. Tauscher

       Amendment No. 24: At the end of section 1 (of H.R. 800, as 
     reported) add the following:
       (8) After-school programs for at-risk juveniles, designed 
     and operated by law enforcement personnel, have been shown to 
     reduce juvenile crime on school campuses and promote academic 
     achievement among at-risk youth. Therefore, when reallocating 
     resources made available by the authority granted under this 
     Act, schools that receive waiver authority under this Act 
     should promote after-school programs designed to reduce the 
     incidence of criminal activity for at-risk students who are 
     enrolled in such schools.

                                H.R. 800

                           Offered By: Mr. Wu

       Amendment No. 25: At the end of section 1 (of H.R. 800, as 
     reported) add the following:
       (8) Smaller classes allow teachers to identify and work 
     more effectively with students. The Federal Government, 
     through education flexibility and the existing class size 
     reduction program set forth in section 307 of the Department 
     of Education Appropriations Act, 1999, can assist in these 
     efforts by providing funding for class-size reduction in 
     grades 1 through 3, and by helping to ensure that new 
     teachers brought into the classroom are prepared.