[Congressional Record Volume 145, Number 128 (Tuesday, September 28, 1999)]
[Senate]
[Pages S11567-S11570]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ABRAHAM (for himself, Mr. Mack, and Mr. McCain):
  S. 1649. A bill to provide incentives for States to establish and 
administer periodic teacher testing and merit pay programs for 
elementary school and secondary school teachers; to the Committee on 
Health, Education, Labor, and Pensions.


                             the merit act

 Mr. ABRAHAM. Mr. President, today I rise with my good friend 
and colleague, Senator Mack, to introduce the Measures to Encourage 
Results in Teaching Act, or as it is frequently and aptly called, the 
MERIT Act.
  Mr. President, there has been a great deal of discussion regarding 
our nation's schools and the state of elementary and secondary public 
school education. This country spends $740 billion per year on 
education. This is more than the Gross Domestic Products of Spain, 
Canada or Brazil. Yet the results of the Third International 
Mathematics and Science Study for Eighth Grade Students ranked American 
students 28th in science and 17th in math when compared to students in 
other countries. This situation worsens by the twelfth grade, when our 
advanced students performed at the bottom of international comparisons.
  Mr. President, 43 percent of our fourth graders cannot pass a basic 
reading test. Our children deserve the highest quality education 
possible and unfortunately, as just even these few statistics 
demonstrate, we are failing. Neither our children nor our nation can 
succeed unless we improve our educational system.
  Without a good education and the strong skills it provides, our young 
people will not be able to get good jobs at good wages. Without 
skilled, educated workers, our businesses will lose their competitive 
edge in the world marketplace. The prosperity of our entire nation 
demands that we do more to improve our children's education.
  The question then, Mr. President, is ``how can we improve our kids' 
education?'' There are a lot of fancy theories floating about on this 
topic. But one thing we know for certain: the most important 
educational tool in any classroom remains a qualified, highly trained 
teacher. Teachers play a special and indispensable role in our

[[Page S11568]]

children's education. Nothing can replace the positive and long lasting 
impact a dedicated, knowledgeable teacher has on a child's learning 
process. And nothing can compensate for the weak teaching that, despite 
the best of intentions, can result from a teacher's lack of knowledge, 
preparation, skill and interest.
  The bulk of our teachers are working hard, under difficult 
circumstances, to educate our children. Unfortunately, Mr. President, 
too many of them have not gained the training they need to succeed in 
educating young people. Currently, the Department of Education reports 
that one-third of high school math teachers, nearly 25 percent of high 
school English teachers and 20 percent of science teachers are teaching 
without a college major or even a college minor in their subjects.
  The MERIT Act constitutes an important step toward providing better 
education. It will ensure that teachers have the training they need to 
succeed, and that teachers are rewarded for their successes. Common 
sense dictates that teachers should have subject-matter knowledge in 
the areas they teach. Common sense also dictates that teachers who 
motivate and inspire their students, and who put forth the extra effort 
to improve and expand upon their own skills and knowledge, should be 
rewarded.
  The MERIT Act puts common sense into action. It will provide 
incentives for states to establish teacher testing and merit pay 
policies. Specifically, this legislation would provide that 50 percent 
of the funds provided over the Fiscal Year 2000 appropriation level for 
the Eisenhower Professional Development Program will be made available 
to any state that has established periodic assessments of elementary 
and secondary school teachers, and implements a pay system to reward 
teachers based on merit and proven performance.
  Mr. President, I'd like to be particularly clear on one point: This 
bill will not result in any reductions in funding for the Eisenhower 
Professional Development Program. This is an incentive program, not 
another Washington-knows-best mandate. No state will be penalized for 
its decision not to participate in the MERIT Act program. In fact, 
should the appropriation level for the Eisenhower Program increase, so 
will the amount provided to each state.
  What this legislation will provide, Mr. President, is an important 
incentive for states to make certain that our kids are taught by 
committed teachers who have received the training they need to succeed. 
Day in and day out, teachers make a real difference for our kids. They 
inspire children to dream, and to work to make those dreams come true. 
They help our young people realize their full potential and work to 
achieve it. Their contributions are invaluable and their efforts demand 
commendation. The MERIT Act would reward these teachers for their 
commitment and ensure that our children will be taught by the most 
qualified and knowledgeable individuals available.
  I urge my colleagues to support this important legislation.
  I ask unanimous consent that a copy of the bill and a section by 
section analysis, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1649

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

     SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES.

       (a) Short Title.--This Act may be cited as the ``Measures 
     to Encourage Results in Teaching Act of 1999''.
       (b) Findings.--Congress makes the following findings:
       (1) All students deserve to be taught by well-educated, 
     competent, and qualified teachers.
       (2) More than ever before, education has and will continue 
     to become the ticket not only to economic success but to 
     basic survival. Students will not succeed in meeting the 
     demands of a knowledge-based, 21st century society and 
     economy if the students do not encounter more challenging 
     work in school. For future generations to have the 
     opportunities to achieve success the future generations will 
     need to have an education and a teacher workforce second to 
     none.
       (3) No other intervention can make the difference that a 
     knowledgeable, skillful teacher can make in the learning 
     process. At the same time, nothing can fully compensate for 
     weak teaching that, despite good intentions, can result from 
     a teacher's lack of opportunity to acquire the knowledge and 
     skill needed to help students master the curriculum.
       (4) The Federal Government established the Dwight D. 
     Eisenhower Professional Development Program in 1985 to ensure 
     that teachers and other educational staff have access to 
     sustained and high-quality professional development. This 
     ongoing development must include the ability to demonstrate 
     and judge the performance of teachers and other instructional 
     staff.
       (5) States should evaluate their teachers on the basis of 
     demonstrated ability, including tests of subject matter 
     knowledge, teaching knowledge, and teaching skill. States 
     should develop a test for their teachers and other 
     instructional staff with respect to the subjects taught by 
     the teachers and staff, and should administer the test every 
     3 to 5 years.
       (6) Evaluating and rewarding teachers with a compensation 
     system that supports teachers who become increasingly expert 
     in a subject area, are proficient in meeting the needs of 
     students and schools, and demonstrate high levels of 
     performance measured against professional teaching standards, 
     will encourage teachers to continue to learn needed skills 
     and broaden teachers' expertise, thereby enhancing education 
     for all students.
       (c) Purposes.--The purposes of this Act are as follows:
       (1) To provide incentives for States to establish and 
     administer periodic teacher testing and merit pay programs 
     for elementary school and secondary school teachers.
       (2) To encourage States to establish merit pay programs 
     that have a significant impact on teacher salary scales.
       (3) To encourage programs that recognize and reward the 
     best teachers, and encourage those teachers that need to do 
     better.

     SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

       (a) Amendments.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by redesignating part E as part F;
       (2) by redesignating sections 2401 and 2402 as sections 
     2501 and 2502, respectively; and
       (3) by inserting after part D the following:

      ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY

     ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT 
                   PAY.

       ``(a) State Awards.--Notwithstanding any other provision of 
     this title, from funds described in subsection (b) that are 
     made available for a fiscal year, the Secretary shall make an 
     award to each State that--
       ``(1) administers a test to each elementary school and 
     secondary school teacher in the State, with respect to the 
     subjects taught by the teacher, every 3 to 5 years; and
       ``(2) has an elementary school and secondary school teacher 
     compensation system that is based on merit.
       ``(b) Availale Funding.--The amount of funds referred to in 
     subsection (a) that are available to carry out this section 
     for a fiscal year is 50 percent of the amount of funds 
     appropriated to carry out this title that are in excess of 
     the amount so appropriated for fiscal year 2000, except that 
     no funds shall be available to carry out this section for any 
     fiscal year for which--
       ``(1) the amount appropriated to carry out this title 
     exceeds $600,000,000; or
       ``(2) each of the several States is eligible to receive an 
     award under this section.
       ``(c) Award Amount.--A State shall receive an award under 
     this section in an amount that bears the same relation to the 
     total amount available for awards under this section for a 
     fiscal year as the number of States that are eligible to 
     receive such an award for the fiscal year bears to the total 
     number of all States so eligible for the fiscal year.
       ``(d) Use of Funds.--Funds provided under this section may 
     be used by the States to carry out the activities described 
     in section 2207.
       ``(e) Definition of State.--For the purpose of this 
     section, the term `State' means each of the 50 States and the 
     District of Columbia.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2000.

     SEC. 3. TEACHER TESTING AND MERIT PAY.

       (a) In General.--Notwithstanding any other provision of 
     law, a State may use Federal education funds--
       (1) to carry out a test of each elementary school or 
     secondary school teacher in the State with respect to the 
     subjects taught by the teacher; or
       (2) to establish a merit pay program for the teachers.
       (b) Definitions.--In this section, the terms ``elementary 
     school'' and ``secondary school'' have the meanings given the 
     terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).
                                  ____



             section 1. short title; findings; and purposes

       This section states that the short title of this bill is 
     the ``Measures to Encourage Results in Teaching Act of 
     1999.''
       The findings section stresses the importance of having 
     quality teachers in the classroom and the direct correlation 
     between a teacher's ability and the educational success of 
     his or her students.The findings also state the importance of 
     evaluating teachers on the basis of demonstrated ability, 
     including tests of subject matter knowledge, teaching 
     knowledge, and teaching skill.

[[Page S11569]]

       The purpose of the legislation is to provide incentives for 
     States to establish and administer periodic teacher testing 
     and merit pay programs for elementary and secondary school 
     teachers.


     section 2. state incentives for teacher testing and merit pay

       Section 2(a) amends the Elementary and Secondary Education 
     Act by adding Sec. 2401 ``State Incentives for Teacher 
     Testing and Merit Pay.''
       Subsection (a) states that the Secretary of Education shall 
     make awards to each State that tests each elementary and 
     secondary school teacher in the subject he or she teaches 
     every 3 to 5 years and that establishes a teacher 
     compensation system based on merit.
       Subsection (b) states that the available funding for the 
     above section shall be 50 percent of the increase in funds 
     appropriated for the Dwight D. Eisenhower Professional 
     Development Program about the FY 2000 appropriated levels. 
     This ensures that States will not have their Eisenhower 
     funding cut below current fundings levels.
       Subsection (c) divides the amount awarded under this 
     section equally among States operating a teacher testing and 
     merit pay program.
       Subsection (d) stipulates that funds under this section can 
     only be used to carry out teacher testing and merit pay 
     activity.
       Subsection (e) defines ``State'' to mean each of the 50 
     States and the District of Columbia.


                section 3. teacher testing and merit pay

       Subsection (a) stipulates that States may use Federal 
     education funds to carry out teacher testing programs and to 
     establish merit pay programs for teachers.
       Subsection (d) defines ``elementary school'' and 
     ``secondary school'' as having the same meaning as under the 
     Elementary and Secondary Education Act.

 Mr. MACK. Mr. President, I rise today with my friend and 
colleague Senator Abraham, to introduce the Merit Act, which is 
legislation to ensure that every classroom in America is staffed with a 
competent, qualified and caring teacher. Last Congress, the Senate 
debated a number of initiatives to further this goal and passed this 
legislation as an amendment to a comprehensive education reform bill, 
which was vetoed by the President. Earlier this year, I joined Senator 
Gregg in cosponsor the Teacher Empowerment Act. Both the TEA, and the 
MERIT ACT are important reform bills to enable local schools to staff 
their classrooms with the best and brightest teachers.
  The 21st Century begins in just under 100 days. If our children are 
to be prepared for the challenges ahead, educational excellence must 
become our first order of business. As Congress continues to focus on a 
number of important reforms to federal K-12 education policy, I 
strongly believe that any real education reform must confront the most 
basic, the most important, and the most neglected aspect of public 
education: the quality of instruction in the classroom.
  Parents all over the state of Florida, and I imagine the same is true 
around the country, are concerned that the success --or failure--of 
their child's entire academic year will be determined by the quality 
and expertise of their child's teacher. Studies show that the most 
important factor in determining student success on standardized tests 
is the teacher's ability to present the material. Studies also show 
that when a student is assigned an ineffective teacher, the damage is 
not limited to one year. In fact, student test scores do not recover 
for three years, even if their subsequent teachers are excellent.
  America's classrooms are staffed with many dedicated, knowledgeable, 
and hardworking teachers. Nevertheless, the case for sweeping reform is 
not difficult to make. While the United States already spends more 
money per pupil than virtually any industrialized democracy in the 
world, our children frequently score near the bottom in international 
exams in science and math. Without exceptional teaching, no amount of 
resources will be able to turn bad schools into good schools. Throwing 
more money at the problem is no longer the answer.
  Our schools and classrooms should be staffed with teachers who have 
the appropriate training and background. Students deserve teachers with 
a thorough knowledge of the subjects they are teaching and the ability 
to convey complex material in ways that students can understand. One 
way to determine the competency of teachers would be to test them on 
their knowledge of the subject areas they teach.
  At a time when states are raising the bar for student achievement, 
few are raising standards for teachers. Today, seven states have no 
licensing exams for new teachers, and of the 43 states that do have 
licensing exams, only 29 require high school teachers to pass an exam 
in the subject they plan to teach. However, in many cases, these 
requirements are waived when there is a shortage of qualified 
candidates.

  We have a clear interest in ensuring that beginning teachers are able 
to meet high standards and are knowledgeable about the subject matter 
they are presenting, and a number of states have taken the initiative 
to test their prospective teachers. However, when you consider that 
many teachers--especially teachers in low income districts--do not even 
have a minor degree in the subject they teach, it is important to 
periodically evaluate the performance of all teachers. Schools are 
often strapped for good teachers and will simply staff a science class 
with a math teacher. These are cases where testing could provide 
valuable insight as to the mastery of the teacher in additional 
subjects, and would identify those teachers who need additional 
encouragement.
  Common sense also dictates that we should not concentrate all our 
attention on under-performing teachers. We must also recognize that 
there are many great teachers who are successfully challenging their 
students on a daily basis. Today, our public schools compensate 
teachers based almost solely on seniority, not on their performance 
inside the classroom. Merit-pay would differentiate between teachers 
who are hard-working and inspiring, and those who fall short.
  The legislation we are introducing today, known as the MERIT ACT--
which stands for Measures to Enhance Results in Teaching --is the same 
legislation that passed the Senate last Congress with bipartisan 
support by a vote of 63-35. It rewards states that test its teachers on 
their subject matter knowledge, and pays its teachers based on merit.
  Here is how it works: we will make half of any additional funding 
over the FY 2000 level for the Eisenhower Professional Development 
Program available to states that periodically test elementary and 
secondary school teachers, and reward teachers based on merit and 
proven performance. There will be no reduction in current funding to 
states under this program based on this legislation. As funding 
increases for this program, so will the amount each state receives. 
Incentives will and should be provided to those states that take the 
initiative to establish teacher testing and merit pay programs.
  Again, I want to emphasize that all current money being spent on this 
program is unaffected by this legislation. Only additional money will 
be used as an incentive for states to enact teacher testing and merit 
pay programs.
  Finally, this legislation enables states to also use federal 
education money to establish and administer teacher testing and merit 
pay programs. This broad approach will enable states to staff their 
schools with the best and most qualified teachers, thereby enhancing 
learning for all students. In turn, teachers can be certain that all of 
their energy, dedication and expertise will be rewarded. And it can be 
done without placing new mandates on states or increasing the federal 
bureaucracy.
  It is interesting to note that as Governor of the State of Arkansas, 
Bill Clinton enthusiastically supported teacher testing, and as 
Governor of South Carolina, Secretary of Education Richard Riley 
advocated a merit-pay plan. In fact, then-Governor Clinton in 1984 said 
that he was more convinced than ever that competency tests were needed 
to take inventory of teachers' basic skills. He said, ``Teachers who 
don't pass the test shouldn't be in the classroom''. While President 
Clinton vetoed this legislation last year, I am hoping he will stand by 
his State of the Union address where he stated that new teachers should 
be required to pass performance exams and all teachers should know the 
subject matter they are teaching.
  I would also like to mention the important steps being taken by 
schools around the country to address the need for merit-based pay. 
Most recently, in Denver, Colorado, schools have reached an agreement 
with the unions to commence a two year demonstration program which will 
pay teachers based on

[[Page S11570]]

performance. It is important to note the two largest unions, the 
National Education Association and the American Federation of Teachers, 
have approached the Denver plan with an open mind. In this program, 
teachers can earn an additional $1500 by the end of an academic year if 
a majority of the teacher's students ``improve.'' I am encouraged by 
the initiative taken by Denver's schools to implement innovative 
approaches to teacher compensation, and I look forward to the continued 
cooperation of America's teacher unions. Without their cooperation, 
reforms to education in America are often frustrated. In the end, I 
believe teachers, administrators, parents and students will be able to 
devise a system that is fair and one that works to improve teacher and 
student performance alike.
  I look forward to working with my colleagues as we continue the fight 
to give dedicated professionals who teach our children a personal stake 
in the quality of the instruction they provide. I hope there will again 
be broad, bipartisan support for this bill.
 Mr. McCAIN. Mr. President, I am proud to join my colleagues, 
Senators Abraham and Mack to introduce legislation today which will 
help ensure that our children are being taught by the best, brightest 
and most component teachers.
  ``A teacher affects eternity; they can never tell where their 
influence stops.'' I share this sentiment of Henry Adams--
knowledgeable, enthusiastic teachers play a critical role in the 
development of our children.
  Personally, I can attest to the lasting mark teachers can have on a 
child, for my life has greatly benefitted from the guidance, 
encouragement and support of many teachers. As many of my colleagues 
know, my years in school were not notable for individual academic 
achievement, but I was fortunate to have been taught by some of the 
finest leaders and role models our nation could offer a young person. 
Their efforts helped prepare me for the experiences and obstacles I 
faced later in life.
  It is important for us to continue to work to ensure that all 
children have access to wonderful, intelligent and inspirational 
teachers. It is my strong belief that testing our teachers and 
providing merit pay for those that excel is critical for retaining 
smart, enthusiastic and talented teachers in our nation's classrooms. 
This is why I cosponsored this measure last year and have joined my 
colleagues again this year to reintroduce this legislation.
  Too many teachers are receiving salaries which are not commensurate 
with the invaluable service they provide. It is unconscionable that a 
bad politician is paid more than a good teacher. I will continue 
fighting for better pay for our nation's teachers, but I will also 
continue fighting for programs which encourage our states to provide 
merit-based pay, and periodically test teachers for competence. By all 
means, we should reward good teachers. They have answered one of the 
highest callings in our society, and they should be honored for the 
sacrifices they make on our children's behalf. But we should also weed 
out problem teachers who have lost the desire to teach or who have 
failed to improve their teaching skills in this high tech age.
  The fact is that teachers who refuse to demonstrate their competency, 
are probably not competent to teach. Every child in every classroom 
deserves a teacher who is qualified and enthusiastic about teaching. 
Some people just aren't meant to be teachers, and we should help them 
find another line of work.
  There are thousands of dedicated teachers around our nation working 
with parents, school officials and local communities to guide our 
children and provide them with the highest quality education necessary 
for ensuring the youth of our country have both the love in their 
hearts and the knowledge in their heads to not only dream, but to make 
their dreams a reality. These are precisely the teachers whom we should 
be fighting to keep in our schools and merit pay is crucial towards 
achieving that.
  America's teachers are helping our youth develop the personal, 
professional and emotional skills necessary for successfully defining 
and achieving their goals. The impact of quality teachers on our 
children and our nation's future is immeasurable and irreplaceable, and 
we must continue developing and strengthening programs which encourage 
these teachers to continue teaching our children and building a better 
future for all of us. I urge my colleagues to support this measure we 
are introducing today and work with us to ensure the best teachers with 
the best skills are teaching our children.
                                 ______