[Congressional Record Volume 145, Number 38 (Wednesday, March 10, 1999)]
[Senate]
[Pages S2522-S2529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

             EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999

                                 ______
                                 

                  LOTT (AND ABRAHAM) AMENDMENT NO. 60

  Mr. JEFFORDS (for Mr. Lott for himself and Mr. Abraham) proposed an 
amendment to the bill (S. 280) to provide for education flexibility 
partnerships; as follows:

       At the end, add the following:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--Congress finds that the amount appropriated 
     to carry out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.) has not been 
     sufficient to fully fund such part at the originally promised 
     level, which promised level would provide to each State 40 
     percent of the average per-pupil expenditure for providing 
     special education and related services for each child with a 
     disability in the State.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that any Act authorizing the appropriation of Federal 
     education funds that is enacted after the date of enactment 
     of this Act should provide States and local school districts 
     with the flexibility to use the funds to carry out part B of 
     the Individuals with Disabilities Education Act.

     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.''.
                                 ______
                                 

                       FEINSTEIN AMENDMENT NO. 61

  Mrs. FEINSTEIN proposed an amendment 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;

[[Page S2523]]

       (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.

               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 used 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 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 particpation 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)(1) of the Elementary and Secondary Education Act 
     of 1965.

                    Subtitle C--Sense of the Senate

     SEC.  31. SENSE OF THE SENATE.

       It is the sense of the Senate that the budget resolution 
     shall include annual increases for IDEA part B funding so 
     that the program can be fully funded within the next five 
     years.
       These increases shall not come at the expense of other 
     important education programs which also serve children with 
     disabilities.
                                 ______
                                 

                      WELLSTONE AMENDMENTS NO. 62

  Mr. WELLSTONE proposed an amendment to the bill, S. 280, supra; as 
follows:

       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;
       ``(G) sections 1114b and 1115c of Title I of the Elementary 
     and Secondary Education Act of 1965;''.
                                 ______
                                 

                BINGAMAN (AND OTHERS) AMENDMENTS NO. 63

  Mr. BINGAMAN (for himself, Mr. Levin, Mr. Bryan, and Mrs. Boxer) 
proposed an amendment to the bill, S. 280, supra; as follows:

       At the end, add the following:

             --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

[[Page S2524]]

     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
       ``(II) 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 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 drop-out 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 Net-works.--
       ``(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;

[[Page S2525]]

       ``(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 character 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.).

     ``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 and part B of the Individuals With 
     Disabilities Act (20 U.S.C. 1411 et seq. such sums as may 
     necessary for FY 2000 and each of the 4 succeeding fiscal 
     years, of which--
       ``(1) No more than $125,000,000 shall be available to carry 
     out section 5322;
       ``(2) No more than $20,000,000 shall be available to carry 
     out section 5322; and
       (3) Any funds appropriated in excess of $145 million shall 
     be made available to carry out part B of the Individuals With 
     Disabilities Education Act (20 U.S.C. 144 et seq.)

     ``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

[[Page S2526]]

     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.''.

                    Subtitle C--Sense of the Senate

     SEC.    31. SENSE OF THE SENATE.

       It is the sense of the Senate that the budget resolution 
     shall include annual increases for IDEA part B funding so 
     that the program can be fully funded within the next five 
     years.
       These increases shall not come at the expense of other 
     important education programs which also serve children with 
     disabilities.
                                 ______
                                 

                  MURRAY (AND OTHERS) AMENDMENT NO. 64

  Mr. BINGAMAN (for Mrs. Murray for herself, Mr. Kennedy, Mr. Daschle, 
Mr. Durbin, Mr. Harkin, Mr. Torricelli, Mr. Kerry, Mr. Levin, Mr. 
Boxer, Ms. Mikulski, Mr. Dodd, Mr. Lautenberg, Mr. Lieberman, Mr. Robb, 
Mr. Sarbanes, Mr. Reed, Mr. Akaka, Mr. Wellstone, Mr. Kerrey, Ms. 
Landrieu, Mr. Bryan, Mr. Biden, and Mr. Bingaman) proposed an amendment 
to the bill, S. 280, supra; as follows:

       At the end add the following:

         TITLE   --AFTER SCHOOL EDUCATION AND CRIME PREVENTION

     SEC.    01. SHORT TITLE.

       This title may be cited as the ``After School Education and 
     Anti-Crime Act of 1999''.

     SEC.    02. PURPOSE.

       The purpose of this title is to improve academic and social 
     outcomes for students and reduce both juvenile crime and the 
     risk that youth will become victims of crime by providing 
     productive activities during after school hours.

     SEC.    03. FINDINGS.

       Congress makes the following findings:
       (1) Today's youth face far greater social risks than did 
     their parents and grandparents.
       (2) Students spend more of their waking hours alone, 
     without supervision, companionship, or activity, than the 
     students spend in school.
       (3) Law enforcement statistics show that youth who are ages 
     12 through 17 are most at risk of committing violent acts and 
     being victims of violent acts between 3 p.m. and 6 p.m.
       (4) The consequences of academic failure are more dire in 
     1999 than ever before.
       (5) After school programs have been shown in many States to 
     help address social problems facing our Nation's youth, such 
     as drugs, alcohol, tobacco, and gang involvement.
       (6) Many of our Nation's governors endorse increasing the 
     number of after school programs through a Federal/State 
     partnership.
       (7) Over 450 of the Nation's leading police chiefs, 
     sheriffs, and prosecutors, along with presidents of the 
     Fraternal Order of Police and the International Union of 
     Police Associations, which together represent 360,000 police 
     officers, have called upon public officials to provide after 
     school programs that offer recreation, academic support, and 
     community service experience, for school-age children and 
     teens in the United States.
       (8) One of the most important investments that we can make 
     in our children is to ensure that they have safe and positive 
     learning environments in the after school hours.

     SEC.    04. GOALS.

       The goals of this title are as follows:
       (1) To increase the academic success of students.
       (2) To promote safe and productive environments for 
     students in the after school hours.
       (3) To provide alternatives to drug, alcohol, tobacco, and 
     gang activity.
       (4) To reduce juvenile crime and the risk that youth will 
     become victims of crime during after school hours.

     SEC.   05. PROGRAM AUTHORIZATION.

       Section 10903 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8243) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by inserting ``To Local 
     Educational Agencies for Schools'' after ``Secretary''; and
       (B) by striking ``rural and inner-city public'' and all 
     that follows through ``or to'' and inserting ``local 
     educational agencies for the support of public elementary 
     schools or secondary schools, including middle schools, that 
     serve communities with substantial needs for expanded 
     learning opportunities for children and youth in the 
     communities, to enable the schools to establish or''; and
       (C) by striking ``a rural or inner-city community'' and 
     inserting ``the communities''; (2) in subsection (b)--
       (A) by striking ``States, among'' and inserting ``States 
     and among''; and
       (B) by striking ``United States,'' and all that follows 
     through ``a State'' and inserting ``United States''; and
       (3) in subsection (c), by striking ``3'' and inserting 
     ``5''.

     SEC.   06. APPLICATIONS.

       Section 10904 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8244) is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence, by striking ``an elementary or 
     secondary school or consortium'' and inserting ``a local 
     educational agency''; and
       (ii) in the second sentence, by striking ``Each such'' and 
     inserting the following:
       ``(b) Contents.--Each such''; and
       (3) in subsection (b) (as so redesignated)--
       (A) in paragraph (1), by striking ``or consortium'';
       (B) in paragraph (2), by striking ``and'' after the 
     semicolon; and
       (C) in paragraph (3)--
       (i) in subparagraph (B), by inserting ``; including 
     programs under the Child Care and Development Block Grant Act 
     of 1990 (42 U.S.C. 9858 et seq.)'' after ``maximized'';
       (ii) in subparagraph (C), by inserting ``students, parents, 
     teachers, school administrators, local government, including 
     law enforcement organizations such as Police Athletic and 
     Activity Leagues,'' after ``agencies,'';
       (iii) in subparagraph (D), by striking ``or consortium''; 
     and
       (iv) in subparagraph (E)--
       (I) in the matter preceding clause (i), by striking ``or 
     consortium''; and
       (II) in clause (ii), by striking the period and inserting a 
     semicolon; and
       (E) by adding at the end the following:
       ``(4) information demonstrating that the local educational 
     agency will--
       ``(A) provide not less than 35 percent of the annual cost 
     of the activities assisted under the project from sources 
     other than funds provided under this part, which contribution 
     may be provided in cash or in kind, fairly evaluated; and
       ``(B) provide not more than 25 percent of the annual cost 
     of the activities assisted under the project from funds 
     provided by the Secretary under other Federal programs that 
     permit the use of those other funds for activities assisted 
     under the project; and
       ``(5) an assurance that the local educational agency, in 
     each year of the project, will maintain the agency's fiscal 
     effort, from non-Federal sources, from the preceding fiscal 
     year from the activities the local educational agency 
     provides with funds provided under this part.''.

     SEC.  07. USES OF FUNDS.

       Section 10905 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8245) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting:
       ``(a) In General.--Grants awarded under this part may be 
     used to establish or expand community learning centers. The 
     centers may provide 1 or more of the following activities:'';

[[Page S2527]]

       (2) in subsection (a)(11) (as redesignated by paragraph 
     (1)), by inserting ``, and job skills preparation'' after 
     ``placement''; and
       (3) by adding at the end the following:
       ``(14) After school programs, that--
       ``(A) shall include at least 2 of the following:
       ``(i) mentoring programs;
       ``(ii) academic assistance;
       ``(iii) recreational activities; or
       ``(iv) technology training; and
       ``(B) may include--
       ``(i) drug, alcohol, and gang prevention activities;
       ``(ii) health and nutrition counseling; and
       ``(iii) job skills preparation activities.
       ``(b) Limitation.--Not less than \2/3\ of the amount 
     appropriated under section 10907 for each fiscal year shall 
     be used for after school programs, as described in paragraph 
     (14). Such programs may also include activities described in 
     paragraphs (1) through (13) that offer expanded opportunities 
     for children or youth.''.

     SEC.  08. ADMINISTRATION.

       Section 10905 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8245) is amended by adding at the end 
     the following:
       ``(c) Administration.--In carrying out the activities 
     described in subsection (a), a local educational agency or 
     school shall, to the greatest extent practicable--
       ``(1) request volunteers from business and academic 
     communities, and law enforcement organizations, such as 
     Police Athletic and Activity Leagues, to serve as mentors as 
     to assist in other ways;
       ``(2) ensure that youth in the local community participate 
     in designing the after school activities;
       ``(3) develop creative methods of conducting outreach to 
     youth in the community;
       ``(4) request donations of computer equipment and other 
     materials and equipment; and
       ``(5) work with State and local park and recreation 
     agencies so that activities carried out by the agencies prior 
     to the date of enactment of this subsection are not 
     duplicated by activities assisted under this part.

     SEC.  09. COMMUNITY LEARNING CENTER DEFINED.

       Section 10906 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8246) is amended in paragraph (2) by 
     inserting ``, including law enforcement organizations such as 
     the Police Athletic and Activity League'' after 
     ``governmental agencies''.

     SEC.  010. AUTHORIZATION OF APPROPRIATIONS.

       Section 10907 of the 21st Century Community Learning 
     Centers Act (20 U.S.C. 8247) is amended by striking 
     ``$20,000,000 for fiscal year 1995'' and all that follows and 
     inserting ``$600,000,000 for each of fiscal years 2000 
     through 2004, to carry out this part.''.

     SEC.  011. EFFECTIVE DATE.

       This title, and the amendments made by this title, take 
     effect on October 1, 1999.

                    Subtitle C--Sense of the Senate

     SEC.   31. SENSE OF THE SENATE.

       It is the sense of the Senate that the budget resolution 
     shall include annual increases for IDEA part B funding so 
     that the program can be fully funded within the next five 
     years.
       These increases shall not come at the expense of other 
     important education programs which also serve children with 
     disabilities.
                                 ______
                                 

                  BOXER (AND OTHERS) AMENDMENT NO. 65

  Mr. BINGAMAN (for Mrs. Boxer for herself, Mr. Durbin, Mr. Kennedy, 
Ms. Mikulski, Mr. Lieberman, Mr. Sarbanes, Mr. Torricelli, Mr. 
Lautenberg, Mr. Kerrey, Mrs. Murray, Mr. Hollings, Mr. Johnson, and Mr. 
Kerrey) proposed an amendment 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' needs 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 larger 
     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 outlaying 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 non-profit elementary schools and secondary schools 
     in the school districts within the boundaries of such 
     agencies.
       ``(2) Award rule.--Notwithstanding paragraph (1), a local 
     educational agency that receives a subgrant under this 
     section in an amount less than the starting salary for a new 
     teacher in that agency may use the subgrant funds--
       ``(A) to form a consortium with one or more other local 
     educational agencies for the purpose of reducing class size;
       ``(B) to help pay the salary of a full or part-time teacher 
     hired to reduce class size; or
       ``(C) for professional development related to teaching in 
     smaller classes, if the amount of the subgrant is less than 
     $1,000.''.

     ``SEC. 6605. USE OF FUNDS.

       ``(a) In General.--Each local educational agency that 
     receives funds under this part

[[Page S2528]]

     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.''.

                    Subtitle C--Sense of the Senate

     SEC. 31. SENSE OF THE SENATE.

       It is the sense of the Senate that the budget resolution 
     shall include annual increases for IDEA Part B Funding so 
     that the program can be fully funded within the next five 
     years.
       These increases shall not come at the expense of other 
     important education programs which also serve children with 
     disabilities.
                                 ______
                                 
      LOTT (AND OTHERS) AMENDMENT NOS. 66-67
  Mr. JEFFORDS (for Mr. Lott for himself, Mr. Jeffords, Mr. Gregg, Ms. 
Collins, Mr. Frist, and Mr. Sessions) proposed two amendments to the 
bill, S. 280, supra, as follows:

       At the end, add the following:

     SEC.   . IDEA.

       (a) Findings.--Congress finds that if part B of the 
     Individuals with Disabilities Education Act were fully 
     funded, local educational agencies and schools would have the 
     flexibility in their budgets to develop dropout prevention 
     programs, or any other programs deemed appropriate by the 
     local educational agencies and schools, that best address 
     their unique community needs and improve student performance.
       (b) Amendment.--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.''.

     SEC.   . AUTHORIZATION OF APPROPRIATIONS.

       In addition to other funds authorized to be appropriated to 
     carry out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.), there are authorized 
     to be appropriated $150,000,000 to carry out such part.
       At the end, add the following:

     SEC.   . IDEA.

       (a) Findings.--Congress finds that if part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) were fully funded, local educational agencies and 
     schools would have the flexibility in their budgets to 
     develop after school programs, or any other programs deemed 
     appropriate by the local educational agencies and schools, 
     that best address their unique community needs and improve 
     student performance.
       (b) Amendment.--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.''.

     SEC.   . AUTHORIZATION OF APPROPRIATIONS.

       In addition to other funds authorized to be appropriated to 
     carry out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.), there are authorized 
     to be appropriated $600,000,000 to carry out such part.
                                 ______
                                 

                  LOTT (AND ASHCROFT) AMENDMENT NO. 68

  Mr. JEFFORDS (for Mr. Lott for himself and Mr. Ashcroft) proposed an 
amendment to the bill, S. 280, supra; as follows:

       At the end, add the following:

     SEC.   . IDEA.

       (a) Findings.--Congress finds that if part B of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1411 
     et seq.) were fully funded, local educational agencies and 
     schools would have the flexibility in their budgets to 
     develop programs to reduce social promotion, establish school 
     accountability procedures, or any other programs deemed 
     appropriate by the local educational agencies and schools, 
     that best address their unique community needs and improve 
     student performance.
       (b) Amendment.--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.''.

     SEC.   . ALTERNATIVE EDUCATIONAL SETTING.

       (a) In General--Section 615(k)(1)(A)(ii)(I) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(k)(1)(A)(ii)(I)) is amended to read as follows:
       ``(I) the child carries or possesses a weapon to or at 
     school, on school premises, or to or at a school function 
     under the jurisdiction of a State or a local educational 
     agency; or''.
       (b) Application.--The amendment made by subsection (a) 
     shall apply to conduct occurring not earlier than the date of 
     enactment of this Act.
       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, and 
     shall submit the comments received with the agency's 
     application to the Secretary or the State educational agency, 
     as appropriate.''.
       At the end, add the following:

     SEC.   . AUTHORIZATION OF APPROPRIATIONS.

       In addition to other funds authorized to be appropriated to 
     carry out part B of the Individuals with Disabilities 
     Education Act (20 U.S.C. 1411 et seq.), there are authorized 
     to

[[Page S2529]]

     be appropriated $500,000,000 to carry out such part.

                          ____________________