[Congressional Record Volume 145, Number 112 (Tuesday, August 3, 1999)]
[Senate]
[Pages S10121-S10127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

 By Mr. GREGG (for himself, Mr. Lott, Ms. Collins, Mr. Brownback, Mr. 
  Hagel, Mr. Coverdell, Mr. Gorton, Mr. Voinovich, Mr. Mack, and Mr. 
                               Sessions):

  S. 1479. A bill a amend the Elementary and Secondary Education Act of 
1965 to empower teachers, improve student achievement through high-
quality professional development for teachers, reauthorize the Reading 
Excellence Act, and for other purposes; to the Committee on Health, 
Education, Labor and Pensions.


                        teacher empowerment act

 Mr. GREGG. Mr President, today I am joined with my colleagues, 
Senators Lott, Collins, Brownback, Hagel, Coverdell, Gorton, Mack, 
Voinovich and Sessions in introducing the Teacher Empowerment Act 
(TEA). This Act is similar to H.R. 1995 which recently passed the 
House.
  The bill provides a little over $2 billion annually over 5 years by 
consolidating funds for Title II of ESEA, GOALS 2000 and Classroom Size 
into one flexible funding stream for the purposes of increasing teacher 
quality and the number of high quality teachers in our schools.
  Over 300 studies have found that the number one contributor to 
student achievement is a highly qualified teacher. Outside of parental 
involvement, no other factor has as much impact on determining whether 
a student will succeed or fail in school. Unfortunately, we know that 
over 25% of those who enter the teacher workforce are poorly qualified 
to teach. Furthermore, we know that many teachers who are already in 
the classroom lack necessary skills or do not possess adequate 
knowledge of the subject area in which they teach.
  Since teacher quality is the most significant determinant to student 
success and there is a shortage of high quality teachers in our 
schools, it is readily apparent that we need to focus our efforts on 
increasing teacher quality. Nothing else will improve our public 
schools or lead to increased student achievement as much as increasing 
the number of high quality teachers in our schools.

[[Page S10122]]

  TEA improves teacher quality by requiring that professional 
development activities increase teacher knowledge and skills as well as 
student achievement. TEA builds upon extensive research on what type of 
professional development activities improve teacher knowledge and 
skills. First and foremost high quality professional development 
activities must be directly related to the curriculum and subject area 
in which the teacher provides instruction. Second, they must be of 
sufficient intensity and duration to have a positive and lasting 
impact. TEA only funds those professional activities that meet these 
requirements and only if the activities are tied to challenging State 
content and student performance standards.
  Not only does TEA improve teacher quality, but it gives school 
districts the ability to recruit and retain high quality teachers. Many 
school districts, especially inner city and rural school districts, are 
unable to either attract or retain high quality teachers. Blanket 
classroom size reduction proposals, which call for reduced class size 
at all costs, only exacerbate the situation.
  A recent Rand study found that California's classroom size initiative 
led to more uncredentialed, underqualifed teachers and an increase in 
teacher aides (rather than teachers) providing direct instruction to 
students. Inner city schools in Los Angeles actually witnessed a 
decrease in the number of qualified teachers, as many of those that 
were qualified left the inner city schools when jobs opened up in more 
affluent schools.
  Clearly, school districts must be given the resources to not only 
recruit, but also to retain, high quality teachers. TEA does this 
through a variety of measures. It permits school districts to award 
differential pay to retain and recruit teachers in high need subject 
areas, such as math and science. It permits schools to provide signing 
bonuses to retain their best teachers and reduce the rate of attrition.
  It permits school districts to establish incentive programs to 
attract and hire highly skilled and knowledgeable teachers. It permits 
schools to recruit individuals who have had careers outside of teaching 
but whose life experience provides a solid foundation for teaching. 
And, it permits schools to invest in teacher mentors and master 
teachers; studies and teacher polls have found that hiring master 
teachers who mentor new teachers improves both teacher quality and the 
likelihood that new teachers will stay and thrive at the school.
  In addition to promoting high quality professional development 
programs and to giving school districts the ability to retain, recruit 
and train high quality teachers, TEA also promotes a number of 
innovative common sense reforms, such as tenure reform, teacher 
testing, merit-based performance systems, teacher academies, and 
alternative certification programs.
  TEA also creates Teacher Opportunity Payments (TOPS), payments that 
would be provided directly to teachers so they can choose their own 
professional development. Teachers have reported that professional 
activities selected by the school districts are often not as helpful as 
those activities they might have selected themselves. Under TOPS, if a 
group of teachers is not satisfied with the professional opportunities 
offered by the school district, they could request that the LEA pay for 
them to attend a professional development program of their choice, 
provided the program met the professional activity requirements under 
the Act. This means that science teachers could attend a local 
university that has a reputation for intensive professional development 
programs in math and science; programs that they otherwise might not 
have had the opportunity to attend.
  I urge my colleagues to cosponsor TEA. TEA gives States and schools 
the resources and the flexibility to use those resources to retain, 
recruit, train and hire highly qualified teachers.
  I ask that the bill be printed in the Record.
  The bill follows:

                                S. 1479

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Teacher Empowerment Act''.

     SEC. 2. TEACHER EMPOWERMENT.

       (a) In General.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by striking the heading for title II and inserting the 
     following:

                     ``TITLE II--TEACHER QUALITY'';

       (2) by repealing sections 2001 through 2003; and
       (3) by amending part A to read as follows:

                     ``PART A--TEACHER EMPOWERMENT

     ``SEC. 2001. PURPOSE.

       ``The purpose of this part is to provide grants to States 
     and local educational agencies, in order to assist their 
     efforts to increase student academic achievement through such 
     strategies as improving teacher quality.

                     ``Subpart 1--Grants to States

     ``SEC. 2011. FORMULA GRANTS TO STATES.

       ``(a) In General.--In the case of each State that, in 
     accordance with section 2014, submits to the Secretary and 
     obtains approval of an application for a fiscal year, the 
     Secretary shall make a grant for the year to the State for 
     the uses specified in section 2012. The grant shall consist 
     of the allotment determined for the State under subsection 
     (b).
       ``(b) Determination of Amount of Allotment.--
       ``(1) Reservation of funds.--
       ``(A) In general.--From the total amount made available to 
     carry out this subpart for any fiscal year, the Secretary 
     shall reserve--
       ``(i) \1/2\ of 1 percent for allotments for the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, to be 
     distributed among those outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purpose of this part; and
       ``(ii) \1/2\ of 1 percent for the Secretary of the Interior 
     for programs under this part for professional development 
     activities for teachers, other staff, and administrators in 
     schools operated or funded by the Bureau of Indian Affairs.
       ``(B) Limitation.--In reserving an amount for the purposes 
     described in clauses (i) and (ii) of subparagraph (A) for a 
     fiscal year, the Secretary shall not reserve more than the 
     total amount the outlying areas and the schools operated or 
     funded by the Bureau of Indian Affairs received under the 
     authorities described in paragraph (2)(A)(i) for fiscal year 
     1999.
       ``(2) State allotments.--
       ``(A) Hold harmless.--
       ``(i) In general.--Subject to subparagraph (B), from the 
     total amount made available to carry out this subpart for any 
     fiscal year and not reserved under paragraph (1), the 
     Secretary shall allot to each of the 50 States, the District 
     of Columbia, and the Commonwealth of Puerto Rico an amount 
     equal to the total amount that such State received for fiscal 
     year 1999 under--

       ``(I) section 2202(b) of this Act (as in effect on the day 
     before the date of enactment of the Teacher Empowerment Act);
       ``(II) section 307 of the Department of Education 
     Appropriations Act, 1999; and
       ``(III) section 304(b) of the Goals 2000: Educate America 
     Act (20 U.S.C. 5884(b)).

       ``(ii) Ratable reduction.--If the total amount made 
     available to carry out this subpart for any fiscal year and 
     not reserved under paragraph (1) is insufficient to pay the 
     full amounts that all States are eligible to receive under 
     clause (i) for any fiscal year, the Secretary shall ratably 
     reduce such amounts for such fiscal year.
       ``(B) Allotment of additional funds.--
       ``(i) In general.--Subject to clause (ii), for any fiscal 
     year for which the total amount made available to carry out 
     this subpart and not reserved under paragraph (1) exceeds the 
     total amount made available to the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico for fiscal year 
     1999 under the authorities described in subparagraph (A)(i), 
     the Secretary shall allot to each of those States the sum 
     of--

       ``(I) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 in the State, as determined by the Secretary on 
     the basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined; and
       ``(II) an amount that bears the same relationship to 50 
     percent of the excess amount as the number of individuals age 
     5 through 17 from families with incomes below the poverty 
     line in the State, as determined by the Secretary on the 
     basis of the most recent satisfactory data, bears to the 
     number of those individuals in all such States, as so 
     determined.

       ``(ii) Exception.--No State receiving an allotment under 
     clause (i) may receive less than \1/2\ of 1 percent of the 
     total excess amount allotted under clause (i) for a fiscal 
     year.
       ``(3) Reallotment.--If any State does not apply for an 
     allotment under this subsection for any fiscal year, the 
     Secretary shall reallot such amount to the remaining States 
     in accordance with this subsection.

     ``SEC. 2012. ALLOCATIONS WITHIN STATES.

       ``(a) Use of Funds.--Each State receiving a grant under 
     this subpart shall use the funds provided under the grant in 
     accordance with this section to carry out activities for the 
     improvement of teaching and learning.
       ``(b) Required and Authorized Expenditures.--
       ``(1) Required expenditures.--The Secretary may make a 
     grant to a State under

[[Page S10123]]

     this subpart only if the State agrees to expend not less than 
     90 percent of the amount of the funds provided under the 
     grant for the purpose of making subgrants to local 
     educational agencies and eligible partnerships (as defined in 
     section 2021(d)), in accordance with subsection (c).
       ``(2) Authorized expenditures.--A State that receives a 
     grant under this subpart may expend a portion equal to not 
     more than 10 percent of the amount of the funds provided 
     under the grant for 1 or more of the authorized State 
     activities described in section 2013 or to make grants to 
     eligible partnerships to enable the partnerships to carry out 
     subpart 2 (but not more than 5 percent of such portion may be 
     used for planning and administration related to carrying out 
     such purpose).
       ``(c) Distribution of Subgrants to Local Educational 
     Agencies and Eligible Partnerships.--
       ``(1) Allocations to local educational agencies.--
       ``(A) In general.--Subject to subparagraph (B), a State 
     receiving a grant under this subpart shall distribute a 
     portion equal to 80 percent of the amount described in 
     subsection (b)(1) by allocating to each eligible local 
     educational agency the sum of--
       ``(i) an amount that bears the same relationship to 50 
     percent of the portion as the number of individuals enrolled 
     in public and private nonprofit elementary schools and 
     secondary schools in the geographic area served by the agency 
     bears to the number of those individuals in the geographic 
     areas served by all the local educational agencies in the 
     State; and
       ``(ii) an amount that bears the same relationship to 50 
     percent of the portion as the number of individuals age 5 
     through 17 from families with incomes below the poverty line, 
     in the geographic area served by the agency, as determined by 
     the Secretary on the basis of the most recent satisfactory 
     data, bears to the number of those individuals in the 
     geographic areas served by all the local educational agencies 
     in the State, as so determined.
       ``(B) Alternative formula.--A State may increase the 
     percentage described in subparagraph (A)(ii) (and 
     commensurately decrease the percentage described in 
     subparagraph (A)(i)).
       ``(C) Use of funds.--The State shall make subgrants to 
     local educational agencies from allocations made under this 
     paragraph to enable the agencies to carry out subpart 3.
       ``(2) Competitive subgrants to local educational agencies 
     and eligible partnerships.--
       ``(A) Competitive process.--A State receiving a grant under 
     this subpart shall distribute a portion equal to 20 percent 
     of the amount described in subsection (b)(1) through a 
     competitive process.
       ``(B) Participants.--The competitive process carried out 
     under subparagraph (A) shall be open to local educational 
     agencies and eligible partnerships (as defined in section 
     2021(d)). In carrying out the process, the State shall give 
     priority to high-need local educational agencies that focus 
     on math, science, or reading professional development 
     programs.
       ``(C) Subgrants to eligible partnerships.--A State 
     receiving a grant under this subpart shall distribute at 
     least 3 percent of the portion described in subparagraph (A) 
     to the eligible partnerships through the competitive process.
       ``(D) Use of funds.--In distributing funds under this 
     paragraph, the State shall make subgrants--
       ``(i) to local educational agencies to enable the agencies 
     to carry out subpart 3; and
       ``(ii) to the eligible partnerships to enable the 
     partnerships to carry out subpart 2 (but not more than 5 
     percent of the funds made available to the eligible 
     partnerships through the subgrants may be used for planning 
     and administration related to carrying out such purpose).

     ``SEC. 2013. STATE USE OF FUNDS.

       ``(a) Authorized State Activities.--The authorized State 
     activities referred to in section 2012(b)(2) are the 
     following:
       ``(1) Reforming teacher certification (including 
     recertification) or licensure requirements to ensure that--
       ``(A) teachers have the necessary teaching skills and 
     academic content knowledge in the academic subjects in which 
     the teachers are assigned to teach;
       ``(B) the requirements are aligned with the State's 
     challenging State content standards; and
       ``(C) teachers have the knowledge and skills necessary to 
     help students meet challenging State student performance 
     standards.
       ``(2) Carrying out programs that--
       ``(A) include support during the initial teaching 
     experience, such as mentoring programs; and
       ``(B) establish, expand, or improve alternative routes to 
     State certification of teachers for highly qualified 
     individuals with a baccalaureate degree, including mid-career 
     professionals from other occupations, paraprofessionals, 
     former military personnel, and recent college or university 
     graduates with records of academic distinction who 
     demonstrate the potential to become highly effective 
     teachers.
       ``(3) Developing and implementing effective mechanisms to 
     assist local educational agencies and schools in effectively 
     recruiting and retaining highly qualified and effective 
     teachers and principals.
       ``(4) Reforming tenure systems and implementing teacher 
     testing and other procedures to remove expeditiously 
     incompetent and ineffective teachers from the classroom.
       ``(5) Developing or improving systems of performance 
     measures to evaluate the effectiveness of professional 
     development programs and activities in improving teacher 
     quality, skills, and content knowledge, and increasing 
     student achievement.
       ``(6) Developing or improving systems to evaluate the 
     impact of teachers on student achievement.
       ``(7) Providing technical assistance to local educational 
     agencies consistent with this part.
       ``(8) Funding projects to promote reciprocity of teacher 
     certification or licensure between or among States, except 
     that no reciprocity agreement developed under this paragraph 
     or developed using funds provided under this part may lead to 
     the weakening of any State teaching certification or 
     licensing requirement.
       ``(9) Developing or assisting local educational agencies or 
     eligible partnerships (as defined in section 2021(d)) in the 
     development and utilization of proven, innovative strategies 
     to deliver intensive professional development programs and 
     activities that are both cost-effective and easily 
     accessible, such as through the use of technology and 
     distance learning.
       ``(b) Coordination.--A State that receives a grant to carry 
     out this subpart and a grant under section 202 of the Higher 
     Education Act of 1965 (20 U.S.C. 1022) shall coordinate the 
     activities carried out under this section and the activities 
     carried out under that section 202.
       ``(c) Public Accountability.--
       ``(1) In general.--A State that receives a grant under this 
     subpart--
       ``(A) in the event the State provides public State report 
     cards on education, shall include in such report cards 
     information on the State's progress with respect to--
       ``(i) subject to paragraph (2), improving student academic 
     achievement, as defined by the State;
       ``(ii) closing academic achievement gaps, as defined by the 
     State, between groups described in paragraph (2)(A)(i); and
       ``(iii) increasing the percentage of classes in core 
     academic subjects that are taught by highly qualified 
     teachers; or
       ``(B) in the event the State provides no such report card, 
     shall publicly report the information described in 
     subparagraph (A) through other means.
       ``(2) Disaggregated data.--The information described in 
     clauses (i) and (ii) of paragraph (1)(A) and clauses (i) and 
     (ii) of section 2014(b)(2)(A) shall be--
       ``(A) disaggregated--
       ``(i) by minority and non-minority group and by low-income 
     and non-low-income group; and
       ``(ii) using assessments under section 1111(b)(3); and
       ``(B) publicly reported in the form of disaggregated data 
     only when such data are statistically sound.
       ``(3) Public availability.--Such information shall be made 
     widely available to the public, including parents and 
     students, through major print and broadcast media outlets 
     throughout the State.

     ``SEC. 2014. APPLICATIONS BY STATES.

       ``(a) In General.--To be eligible to receive a grant under 
     this subpart, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       ``(b) Contents.--Each application submitted under this 
     section shall include the following:
       ``(1) A description of how the State will ensure that a 
     local educational agency receiving a subgrant to carry out 
     subpart 3 will comply with the requirements of such subpart.
       ``(2)(A) A description of the performance indicators that 
     the State will use to measure the annual progress of the 
     local educational agencies and schools in the State with 
     respect to--
       ``(i) subject to section 2013(c)(2), improving student 
     academic achievement, as defined by the State;
       ``(ii) closing academic achievement gaps, as defined by the 
     State, between groups described in section 2013(c)(2)(A)(i); 
     and
       ``(iii) increasing the percentage of classes in core 
     academic subjects that are taught by highly qualified 
     teachers.
       ``(B) An assurance that the State will require each local 
     educational agency and school in the State receiving funds 
     under this part to publicly report information on the 
     agency's or school's annual progress, as measured by the 
     performance indicators.
       ``(3) A description of how the State will hold the local 
     educational agencies and schools accountable for making 
     annual gains toward meeting the performance indicators 
     described in paragraph (2).
       ``(4)(A) A description of how the State will coordinate 
     professional development activities authorized under this 
     part with professional development activities provided under 
     other Federal, State, and local programs, including those 
     authorized under title I, title III, title IV, part A of 
     title VII, and (where applicable) the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) and the 
     Carl D. Perkins Vocational and Technical Education Act of 
     1998 (20 U.S.C. 2301 et seq.).
       ``(B) A description of the comprehensive strategy that the 
     State will use as part of

[[Page S10124]]

     the effort to carry out the coordination, to ensure that 
     teachers are trained in the utilization of technology so that 
     technology and technology applications are effectively used 
     in the classroom to improve teaching and learning in all 
     curriculum areas and academic subjects, as appropriate.
       ``(5) A description of how the State will encourage the 
     development of proven, innovative strategies to deliver 
     intensive professional development programs that are both 
     cost-effective and easily accessible, such as through the use 
     of technology and distance learning.
       ``(c) Application Submission.--A State application 
     submitted to the Secretary under this section shall be 
     approved by the Secretary unless the Secretary makes a 
     written determination, within 90 days after receiving the 
     application, that the application is in violation of the 
     provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

     ``SEC. 2021. PARTNERSHIP GRANTS.

       ``(a) In General.--From the amount described in section 
     2012(c)(2)(C), the State agency for higher education, working 
     in conjunction with the State educational agency (if such 
     agencies are separate), shall award subgrants on a 
     competitive basis under section 2012(c) to eligible 
     partnerships to enable such partnerships to carry out 
     activities described in subsection (b). Such subgrants shall 
     be equitably distributed by geographic area within the State.
       ``(b) Use of Funds.--An eligible partnership that receives 
     funds under section 2012 shall use the funds for--
       ``(1) professional development activities in core academic 
     subjects to ensure that teachers have content knowledge in 
     the academic subjects that the teachers teach; and
       ``(2) developing and providing assistance to local 
     educational agencies and the teachers, principals, and 
     administrators of public and private schools served by each 
     such agency, for sustained, high-quality professional 
     development activities that--
       ``(A) ensure the agencies and individuals are able to use 
     State content standards, performance standards, and 
     assessments to improve instructional practices and improve 
     student achievement; and
       ``(B) may include intensive programs designed to prepare 
     teachers who will return to a school to provide such 
     instruction to other teachers within such school.
       ``(c) Special Rule.--No single participant in an eligible 
     partnership may use more than 50 percent of the funds made 
     available to the partnership under section 2012.
       ``(d) Coordination.--An eligible partnership that receives 
     a grant to carry out this subpart and a grant under section 
     203 of the Higher Education Act of 1965 (20 U.S.C. 1023) 
     shall coordinate the activities carried out under this 
     section and the activities carried out under that section 
     203.
       ``(e) Eligible Partnership.--In this section, the term 
     `eligible partnership' means an entity that--
       ``(1) shall include--
       ``(A) a high-need local educational agency;
       ``(B) a school of arts and sciences; and
       ``(C) an institution that prepares teachers; and
       ``(2) may include other local educational agencies, a 
     public charter school, a public or private elementary school 
     or secondary school, an educational service agency, a public 
     or private nonprofit educational organization, or a business.

          ``Subpart 3--Subgrants to Local Educational Agencies

     ``SEC. 2031. LOCAL USE OF FUNDS.

       ``(a) Required Activities.--
       ``(1) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use the 
     subgrant to carry out the activities described in this 
     subsection.
       ``(2) Required professional development activities.--
       ``(A) Mathematics and science.--
       ``(i) In general.--Each local educational agency that 
     receives a subgrant to carry out this subpart shall use a 
     portion of the funds made available through the subgrant for 
     professional development activities in mathematics and 
     science in accordance with section 2032.
       ``(ii) Grandfather of old waivers.--A waiver provided to a 
     local educational agency under part D of title XIV prior to 
     the date of enactment of the Teacher Empowerment Act shall be 
     deemed to be in effect until such time as the waiver 
     otherwise would have ceased to be effective.
       ``(B) Professional development activities.--Each local 
     educational agency that receives a subgrant to carry out this 
     subpart shall use a portion of the funds made available 
     through the subgrant for professional development activities 
     that give teachers, principals, and administrators the 
     knowledge and skills to provide students with the opportunity 
     to meet challenging State or local content standards and 
     student performance standards. Such activities shall be 
     consistent with section 2032.
       ``(b) Allowable Activities.--Each local educational agency 
     that receives a subgrant to carry out this subpart may use 
     the funds made available through the subgrant to carry out 
     the following activities:
       ``(1) Recruiting and hiring certified or licensed teachers, 
     including teachers certified through State and local 
     alternative routes, in order to reduce class size, or hiring 
     special education teachers.
       ``(2) Initiatives to assist in recruitment of highly 
     qualified teachers who will be assigned teaching positions 
     within their fields, including--
       ``(A) providing signing bonuses or other financial 
     incentives, such as differential pay, for teachers to teach 
     in academic subjects in which there exists a shortage of such 
     teachers within a school or the area served by the local 
     educational agency;
       ``(B) establishing programs that--
       ``(i) recruit professionals from other fields and provide 
     such professionals with alternative routes to teacher 
     certification; and
       ``(ii) provide increased opportunities for minorities, 
     individuals with disabilities, and other individuals 
     underrepresented in the teaching profession; and
       ``(C) implementing hiring policies that ensure 
     comprehensive recruitment efforts as a way to expand the 
     applicant pool of teachers, such as identifying teachers 
     certified through alternative routes, and by implementing a 
     system of intensive screening designed to hire the most 
     qualified applicants.
       ``(3) Initiatives to promote retention of highly qualified 
     teachers and principals, including--
       ``(A) programs that provide mentoring to newly hired 
     teachers, such as mentoring from master teachers, and to 
     newly hired principals; and
       ``(B) programs that provide other incentives, including 
     financial incentives, to retain teachers who have a record of 
     success in helping low-achieving students improve their 
     academic success.
       ``(4) Programs and activities that are designed to improve 
     the quality of the teacher force, such as--
       ``(A) innovative professional development programs (which 
     may be through partnerships including institutions of higher 
     education), including programs that train teachers to utilize 
     technology to improve teaching and learning, that are 
     consistent with the requirements of section 2032;
       ``(B) development and utilization of proven, cost-effective 
     strategies for the implementation of professional development 
     activities, such as through the utilization of technology and 
     distance learning;
       ``(C) professional development programs that provide 
     instruction in how to teach children with different learning 
     styles, particularly children with disabilities and children 
     with special learning needs (including children who are 
     gifted and talented); and
       ``(D) professional development programs that provide 
     instruction in how best to discipline children in the 
     classroom and identify early and appropriate interventions to 
     help children described in subparagraph (C) to learn.
       ``(5) Programs and activities related to--
       ``(A) tenure reform;
       ``(B) provision of merit pay; and
       ``(C) testing of elementary school and secondary school 
     teachers in the academic subjects taught by such teachers.
       ``(6) Activities that provide teacher opportunity payments, 
     consistent with section 2033.

     ``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

       ``(a) Limitation Relating to Curriculum and Academic 
     Subjects.--
       ``(1) In general.--Except as provided in paragraph (2), 
     funds made available to carry out this subpart may not be 
     provided for a teacher and a professional development 
     activity if the activity is not--
       ``(A) directly related to the curriculum and academic 
     subjects in which the teacher provides instruction; or
       ``(B) designed to enhance the ability of the teacher to 
     understand and use State standards for the academic subjects 
     in which the teacher provides instruction.
       ``(2) Exception.--Paragraph (1) shall not be construed to 
     prohibit the use of the funds for professional development 
     activities that provide instruction described in 
     subparagraphs (C) and (D) of section 2031(b)(4).
       ``(b) Other Requirements.--Professional development 
     activities provided under this subpart--
       ``(1) shall be measured, in terms of progress, using the 
     specific performance indicators established by the State 
     involved in accordance with section 2014(b)(2);
       ``(2) shall be tied to challenging State or local content 
     standards and student performance standards;
       ``(3) shall be tied to scientifically based research 
     demonstrating the effectiveness of the activities in 
     increasing student achievement or substantially increasing 
     the knowledge and teaching skills of the teachers 
     participating in the activities;
       ``(4) shall be of sufficient intensity and duration to have 
     a positive and lasting impact on the performance of a teacher 
     in the classroom (which shall not include 1-day or short-term 
     workshops and conferences), except that this paragraph shall 
     not apply to an activity if such activity is 1 component 
     described in a long-term comprehensive professional 
     development plan established by the teacher and the teacher's 
     supervisor based upon an assessment of the needs of the 
     teacher, the students of the teacher, and the local 
     educational agency involved; and
       ``(5) shall be developed with extensive participation of 
     teachers, principals, and administrators of schools to be 
     served under this part.
       ``(c) Accountability and Required Payments.--
       ``(1) In general.--A State shall notify a local educational 
     agency that the agency

[[Page S10125]]

     may be subject to the requirement of paragraph (3) if, after 
     any fiscal year, the State determines that the professional 
     development activities funded by the agency under this 
     subpart fail to meet the requirements of subsections (a) and 
     (b).
       ``(2) Technical assistance.--A local educational agency 
     that has received notification pursuant to paragraph (1) may 
     request technical assistance from the State in order to 
     provide the opportunity for such local educational agency to 
     comply with the requirements of subsections (a) and (b).
       ``(3) Requirement to provide teacher opportunity 
     payments.--
       ``(A) In general.--A local educational agency that has 
     received notification from the State pursuant to paragraph 
     (1) during any 2 consecutive fiscal years shall expend under 
     section 2033 for the succeeding fiscal year a proportion of 
     the funds made available to the agency to carry out this 
     subpart equal to the proportion of such funds expended by the 
     agency for professional development activities for the second 
     fiscal year in which the agency received the notification.
       ``(B) Requests.--On request by a group of teachers in 
     schools served by the local educational agency, the agency 
     shall use a portion of the funds provided to the agency to 
     carry out this subpart, to provide payments in accordance 
     with section 2033.
       ``(d) Definition.--In this section, the term `professional 
     development activity' means an activity described in 
     subsection (a)(2) or (b)(4) of section 2031.

     ``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

       ``(a) In General.--A local educational agency receiving 
     funds to carry out this subpart may (or in the case of 
     section 2032(c)(3), shall) provide payments directly to a 
     teacher or a group of teachers seeking opportunities to 
     participate in a professional development activity of their 
     choice.
       ``(b) Notice to Teachers.--Each local educational agency 
     distributing payments under this section--
       ``(1) shall establish and implement a timely process 
     through which proper notice of availability of the payments 
     will be given to all teachers in schools served by the 
     agency; and
       ``(2) shall develop a process through which teachers will 
     be specifically recommended by principals to participate in 
     such opportunities by virtue of--
       ``(A) the teachers' lack of full certification or licensing 
     to teach the academic subjects in which the teachers teach; 
     or
       ``(B) the teachers' need for additional assistance to 
     ensure that their students make progress toward meeting 
     challenging State content standards and student performance 
     standards.
       ``(c) Selection of Teachers.--In the event adequate funding 
     is not available to provide payments under this section to 
     all teachers seeking such payments, or recommended under 
     subsection (b)(2), a local educational agency shall establish 
     procedures for selecting teachers for the payments, which 
     shall provide priority for those teachers recommended under 
     subsection (b)(2).
       ``(d) Eligible Activity.--A teacher receiving a payment 
     under this section shall have the choice of attending any 
     professional development activity that meets the criteria set 
     forth in subsections (a) and (b) of section 2032.

     ``SEC. 2034. LOCAL APPLICATIONS.

       ``(a) In General.--A local educational agency seeking to 
     receive a subgrant from a State to carry out this subpart 
     shall submit an application to the State--
       ``(1) at such time as the State shall require; and
       ``(2) that is coordinated with other programs carried out 
     under this Act (other than programs carried out under this 
     subpart).
       ``(b) Local Application Contents.--The local application 
     described in subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A description of how the local educational agency 
     intends to use funds provided to carry out this subpart.
       ``(2) An assurance that the local educational agency will 
     target funds to schools served by the local educational 
     agency that--
       ``(A) have the lowest proportions of highly qualified 
     teachers; or
       ``(B) are identified for school improvement under section 
     1116(c).
       ``(3) A description of how the local educational agency 
     will coordinate professional development activities 
     authorized under this subpart with professional development 
     activities provided through other Federal, State, and local 
     programs, including those authorized under title I, title 
     III, title IV, part A of title VII, and (where applicable) 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.) and the Carl D. Perkins Vocational and 
     Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).
       ``(4) A description of how the local educational agency 
     will integrate funds received to carry out this subpart with 
     funds received under title III that are used for professional 
     development to train teachers in how to use technology to 
     improve learning and teaching.
       ``(5) A description of how the local educational agency has 
     collaborated with teachers, principals, parents, and 
     administrators in the preparation of the application.
       ``(c) Parents' Right-To-Know.--A local educational agency 
     that receives funds to carry out this subpart shall provide, 
     upon request and in an understandable and uniform format, to 
     any parent of a student attending any school receiving funds 
     under this subpart from the agency, information regarding the 
     professional qualifications of the student's classroom 
     teachers, including, at a minimum, whether the teachers are 
     highly qualified.

                    ``Subpart 4--National Activities

     ``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING.

       ``(a) Teacher Excellence Academies.--
       ``(1) In general.--The Secretary may award grants on a 
     competitive basis to eligible consortia to carry out 
     activities described in this subsection.
       ``(2) Use of funds.--
       ``(A) In general.--An eligible consortium receiving funds 
     under this subsection shall use the funds to pay the costs 
     associated with the establishment or expansion of a teacher 
     academy, in an elementary school or secondary school 
     facility, that carries out--
       ``(i) the activities promoting alternative routes to State 
     teacher certification specified in subparagraph (B); or
       ``(ii) the model professional development activities 
     specified in subparagraph (C).
       ``(B) Promoting alternative routes to teacher 
     certification.--The activities promoting alternative routes 
     to State teacher certification specified in this subparagraph 
     are the design and implementation of a course of study and 
     activities providing an alternative route to State teacher 
     certification that--
       ``(i) provide opportunities to highly qualified individuals 
     with a baccalaureate degree, including mid-career 
     professionals from other occupations, paraprofessionals, 
     former military personnel, and recent college or university 
     graduates with records of academic distinction;
       ``(ii) provide stipends, for not more than 2 years, to 
     permit individuals described in clause (i) to participate as 
     student teachers able to fill teaching needs in academic 
     subjects in which there is a demonstrated shortage of 
     teachers;
       ``(iii) provide for the recruitment and hiring of master 
     teachers to mentor and train student teachers within such 
     academies; and
       ``(iv) include a reasonable service requirement for 
     individuals completing the course of study and alternative 
     certification activities established by the eligible 
     consortium.
       ``(C) Model professional development.--The model 
     professional development activities specified in this 
     subparagraph are activities providing ongoing professional 
     development opportunities for teachers, such as--
       ``(i) innovative programs and model curricula in the area 
     of professional development, which may serve as models to be 
     disseminated to other schools and local educational agencies; 
     and
       ``(ii) the development of innovative techniques for 
     evaluating the effectiveness of professional development 
     programs.
       ``(3) Grant for special consortium.--In making grants under 
     this subsection, the Secretary shall award not less than 1 
     grant to an eligible consortium that--
       ``(A) includes a high-need local educational agency located 
     in a rural area; and
       ``(B) proposes activities that involve the extensive use of 
     distance learning in order to provide the applicable course 
     work to student teachers.
       ``(4) Special rule.--No single participant in an eligible 
     consortium may use more than 50 percent of the funds made 
     available to the consortium under this subsection.
       ``(5) Application.--To be eligible to receive a grant under 
     this subsection, an eligible consortium shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require.
       ``(6) Eligible consortium.--In this subsection, the term 
     `eligible consortium' means a consortium for a State that--
       ``(A) shall include--
       ``(i) the State agency responsible for certifying or 
     licensing teachers;
       ``(ii) not less than 1 high-need local educational agency;
       ``(iii) a school of arts and sciences; and
       ``(iv) an institution that prepares teachers; and
       ``(B) may include local educational agencies, public 
     charter schools, public or private elementary schools or 
     secondary schools, educational service agencies, public or 
     private nonprofit educational organizations, museums, or 
     businesses.
       ``(b) Troops-to-Teachers Program.--
       ``(1) Purpose.--The purpose of this subsection is to 
     authorize a mechanism for the funding and administration 
     after September 30, 2000, of the Troops-to-Teachers Program 
     established by the Troops-to-Teachers Program Act of 1999 
     (subtitle I of title V of the National Defense Authorization 
     Act for Fiscal Year 2000).
       ``(2) Transfer of funds for administration of program.--
     Subject to paragraph (3), to the extent that funds are made 
     available under this Act for the Troops-to-Teachers Program, 
     the Secretary of Education shall transfer the funds to the 
     Defense Activity for Non-Traditional Education Support of the 
     Department of Defense. The Defense Activity shall use the 
     funds to perform the actual administration of the Troops-to-
     Teachers Program, including the selection of participants in 
     the Program under section 594 of the Troops-to-Teachers 
     Program Act of 1999. The Secretary of Education may retain a 
     portion of the funds to identify local educational agencies 
     with teacher shortages and States with alternative 
     certification requirements, as required by section 592 of 
     such Act.

[[Page S10126]]

       ``(3) Defense and coast guard contribution.--The Secretary 
     of Education may not transfer funds under paragraph (2) 
     unless the Secretary of Defense, and the Secretary of 
     Transportation with respect to the Coast Guard, agree to pay 
     for not less than 25 percent of the costs associated with the 
     activities conducted under the Troops-to-Teachers Program. 
     The contributions may be in cash or in kind, fairly 
     evaluated, including plant, equipment, and services, and may 
     be from private contributions made for purposes of the 
     Program.

     ``SEC. 2042. EISENHOWER NATIONAL CLEARINGHOUSE FOR 
                   MATHEMATICS AND SCIENCE EDUCATION.

       ``The Secretary may award a grant or contract, in 
     consultation with the Director of the National Science 
     Foundation, to an entity to continue the Eisenhower National 
     Clearinghouse for Mathematics and Science Education.

                          ``Subpart 5--Funding

     ``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fiscal Year 2000.--There are authorized to be 
     appropriated to carry out this part $2,060,000,000 for fiscal 
     year 2000, of which $15,000,000 shall be available to carry 
     out subpart 4.
       ``(b) Other Fiscal Years.--There are authorized to be 
     appropriated to carry out this part such sums as may be 
     necessary for fiscal years 2001 through 2004.

                    ``Subpart 6--General Provisions

     ``SEC. 2061. DEFINITIONS.

       ``In this part:
       ``(1) Arts and sciences.--The term `arts and sciences' has 
     the meaning given the term in section 201(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1021(b)).
       ``(2) Highly qualified.--The term `highly qualified' 
     means--
       ``(A) with respect to an elementary school teacher, a 
     teacher--
       ``(i) with an academic major in the arts and sciences; or
       ``(ii) who can demonstrate competence through a high level 
     of performance in core academic subjects; and
       ``(B) with respect to a secondary school teacher, a 
     teacher--
       ``(i) with an academic major in the academic subject in 
     which the teacher teaches or in a related field;
       ``(ii) who can demonstrate a high level of competence 
     through rigorous academic subject tests; or
       ``(iii) who can demonstrate competence through a high level 
     of performance in relevant content areas.
       ``(3) High-need local educational agency.--The term `high-
     need local educational agency' means a local educational 
     agency that serves an elementary school or secondary school 
     located in an area in which there is--
       ``(A) a high percentage of individuals from families with 
     incomes below the poverty line;
       ``(B) a high percentage of secondary school teachers not 
     teaching in the academic subject in which the teachers were 
     trained to teach; or
       ``(C) a high teacher turnover rate.
       ``(4) Out-of-field teacher.--The term `out-of-field 
     teacher' means a teacher--
       ``(A) teaching an academic subject for which the teacher is 
     not highly qualified, as determined by the State involved; or
       ``(B) who did not receive a degree from an institution of 
     higher education with a major or minor in the field in which 
     the teacher teaches.
       ``(5) Poverty line.--The term `poverty line' means 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.
       ``(6) Scientifically based research.--The term 
     `scientifically based research'--
       ``(A) means the application of rigorous, systematic, and 
     objective procedures to obtain valid knowledge relevant to 
     professional development of teachers; and
       ``(B) includes research that--
       ``(i) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.''.
       (b) Conforming Amendment.--Section 13302(1) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8672(1)) is amended by striking ``2102(b)'' and inserting 
     ``2042''.

     SEC. 3. AMENDMENTS RELATING TO READING EXCELLENCE ACT.

       (a) Repeal of Part B.--Part B of title II of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6641 et seq.) 
     is repealed.
       (b) Reading Excellence Act.--
       (1) Part heading.--Part C of title II of such Act is 
     redesignated as part B and the heading for such part B is 
     amended to read as follows:

                  ``PART B--READING EXCELLENCE ACT''.

       (2) Authorization of appropriations.--Section 2260(a) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6661i(a)) is amended by adding at the end the following:
       ``(3) Fiscal years 2001 through 2004.--There are authorized 
     to be appropriated to carry out this part $260,000,000 for 
     fiscal year 2001 and such sums as may be necessary for fiscal 
     years 2002 through 2004.''.
       (3) Short title.--Part B of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6661) is amended 
     by adding at the end the following:

     ``SEC. 2261. SHORT TITLE.

       ``This part may be cited as the `Reading Excellence 
     Act'.''.

     SEC. 4. GENERAL PROVISIONS.

       (a) In General.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by repealing part D;
       (2) by redesignating part E as part C; and
       (3) by repealing sections 2401 and 2402 and inserting the 
     following:

     ``SEC. 2401. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION 
                   OR LICENSING OF TEACHERS.

       ``(a) Prohibition on Mandatory Testing, Certification, or 
     Licensing.--Notwithstanding any other provision of law, the 
     Secretary may not use Federal funds to plan, develop, 
     implement, or administer any mandatory national teacher test 
     or method of certification or licensing.
       ``(b) Prohibition on Withholding Funds.--The Secretary may 
     not withhold funds from any State or local educational agency 
     if such State or local educational agency fails to adopt a 
     specific method of teacher certification or licensing.

     ``SEC. 2402. PROVISIONS RELATED TO PRIVATE SCHOOLS.

       ``The provisions of sections 14503 through 14506 apply to 
     programs carried out under this title.

     ``SEC. 2403. HOME SCHOOLS.

       ``Nothing in this title shall be construed to permit, 
     allow, encourage, or authorize any Federal control over any 
     aspect of any private, religious, or home school, whether a 
     home school is treated as a private school or home school 
     under the law of the State involved, except that the 
     Secretary may require that funds provided to a school under 
     this title be used for the purposes described in this title. 
     This section shall not be construed to bar private, 
     religious, or home schools from participating in or receiving 
     programs or services under this title.''.
       (b) Conforming Amendments.--
       (1) Coordination.--Section 1202(c)(2)(C) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6362(c)(2)(C)) 
     is amended, in the subparagraph heading, by striking ``part 
     c'' and inserting ``part b''.
       (2) Definition of covered program.--Section 14101(10)(C) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801(10)(C)) is amended by striking ``(other than section 
     2103 and part D)''.
       (3) Private school participation.--Section 14503(b)(1)(B) 
     (20 U.S.C. 8893(b)(1)(B)) of such Act is amended by striking 
     ``(other than section 2103 and part D of such 
     title)''.

  Mr. MACK. Mr. President, I rise today to speak on behalf of 
the Teacher Empowerment Act, which is legislation introduced by my 
friend and colleague Senator Gregg. I am proud to be an original 
cosponsor of this legislation, which responds to several critical needs 
facing American education. In particular, it addresses teacher quality 
and quantity. It addresses local control of educating our children. It 
requires accountability to parents and students. In short, it is a plan 
to ensure that every child in America is prepared for global 
competition in the 21st Century.
  The Teacher Empowerment Act recognizes the expertise of our state and 
local governments in educating our children. American parents trust 
their teachers and principals to make appropriate educational decisions 
for their children. In reality, Washington bureaucrats have called the 
shots for far too long. The results indicate that in lieu of 
achievement, we now have reams of paperwork and a myriad of programs to 
address local problems at the national level. We can and must do 
better.
  The Teacher Empowerment Act puts decision making authority back into 
the hands of local schools. It encourages states to implement 
innovative teacher reforms and high quality professional development 
programs to increase teacher knowledge and student achievement. Local 
schools would be encouraged to fund innovative programs such as teacher 
testing--a concept which I have strongly supported and which this body 
supported last year in a bipartisan vote--as well as tenure reform, 
merit-based pay, alternative routes to teacher certification, 
differential and bonus pay for teachers in high need subject areas, 
teacher mentoring, and in-service teacher academies.
  Our children are counting on us to ensure that they receive an 
education second to none. That starts with exceptional teachers and 
schools that are

[[Page S10127]]

able to address the individual needs of its students. This bill returns 
to local schools the ability and authority to accomplish these goals. I 
urge my colleagues to support this bill.

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