[Congressional Record Volume 145, Number 130 (Thursday, September 30, 1999)]
[Senate]
[Pages S11731-S11734]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG (for himself and Mr. Hagel):
  S. 1677. A bill to establish a child centered program, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.


            child centered program establishment legislation

 Mr. GREGG. Mr. President, today I am joined with Senator Hagel 
in introducing a bill to allow States and schools districts to switch 
Title I of the Elementary and Secondary Education from a school-based 
to a child-based program.

  We will soon take up the reauthorization of the Elementary and 
Secondary Education Act. The centerpiece of which is Title I which was 
created in 1965 to provide extra educational assistance to low-income 
students. Since its inception, Title I has grown into the largest 
federal education program for elementary and secondary school students 
with funding, in this year alone, at $7.7 billion.
  Unfortunately, after more than 30 years and expenditures of $118 
billion, national evaluations indicate that Title I has failed to 
achieve its primary aim of reducing the achievement gap between 
advantaged and disadvantaged students.
  Reading scores in 1998 showed that only 6 States made progress in 
narrowing the gap between White and African American students and just 
3 made progress narrowing the gap between White and Hispanic students. 
While the gap actually grew in 16 States. In math, nine year olds in 
high poverty schools remain 2 grade levels behind students in low-
poverty schools.
  In reading, nine year old students in high poverty schools remain 3 
to 4 grade levels behind students in low poverty schools. Seventy 
percent of children in high poverty schools score below even the most 
basic level of reading. Two out of every three African American and 
Hispanic 4th graders can barely read.
  It is time to take a fresh look at this important program to ensure 
that our neediest students are receiving the services they need. We 
must provide enough flexibility in Title I for students to receive high 
quality supplemental educational services, wherever those services are 
offered.
  In order to enable needy students to access high quality supplemental 
services, States and school districts should be given the opportunity 
to transform Title I from a school-based program to a child-centered 
program. Which is exactly what my bill does. Let me explain.
  Currently, Title I dollars are sent to States, then distributed to 
school districts, and ultimately to schools--this is known as a school-
based program. Aid goes to the school, rather than directly to the 
eligible child.
  This process of sending dollars to districts and schools rather than 
students has a serious unintended consequence--millions of eligible 
children never receive the educational services promised to them by 
this program.
  To make matters worse, even schools which have been identified by 
their States and communities as chronic poor performers continue to 
receive Title I dollars, despite that fact that well over one-third of 
eligible children (about 4 million children) receive no services.
  Today, 4 million children generate Title I revenue for their school 
district, but never receive Title I services; despite the fact that the 
school district received federal funds to provide supplemental 
educational services to those very children.
  We should not continue the practice of sustaining failed schools at 
the expense of our nation's children.
  The very serious problem of under serving our neediest students can 
be alleviated by giving States and school districts the ability to 
focus their efforts by directly serving Title I eligible students 
through a child-centered program.
  This bill permits interested States and school districts to use Title 
I dollars to create a child-centered program.
  Here is how it would work. Interested states and school districts 
could use their Title I dollars to establish a per pupil amount for 
each eligible child--any child between the ages of 5-17 from a family 
at or below the poverty line. The per pupil amount would then follow 
the child to the school they attend. The per pupil amount would be used 
to provide supplemental educational (``add-on'' or ``extra'') services 
to meet the individual educational needs of children participating in 
the program.
  Since some schools continue to fail to provide high quality 
educational services to their neediest students, students could use 
their per-pupil amount to receive supplemental educational (``add-on'') 
services from either their school or a tutorial assistance provider, be 
that a Sylvan learning center, a charter school or a private school. 
The idea behind this provision is to allow parents to use their per-
pupil amount to purchase extra tutorial assistance for before or after 
school.
  There are numerous benefits to turning Title I into a child-centered 
program. It increases the number of disadvantaged children served by 
Title I. It ensures that federal dollars generated by a particular 
student actually

[[Page S11732]]

benefit that student. It rewards good schools and penalizes failing 
schools, as children would have the option to go the schools that best 
meet their needs and take their Title I money with them. A child-
centered program decreases the practice of financially rewarding 
schools that consistently fail to provide a high quality education to 
their students. And, it ensures that students who are stuck in a bad 
school have access to educational services outside the school, by 
permitting parents to use their child's per-pupil allotment for 
tutorial assistance.
  In short, this bill creates a much-needed market for change in that 
it gives families the ability to take their federal dollars out of a 
school that is not using them effectively and purchase services 
somewhere else. Families are empowered and schools are compelled to 
improve in order to keep their students.
  I urge my colleagues to cosponsor this bill. Turning Title I into a 
child-centered program puts Title I back on the right track, focusing 
on what is best for the child first and foremost.
  I ask that it be printed in the Record.
  The bill follows:

                                S. 1677

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

     SECTION 1. ESTABLISHMENT OF THE CHILD CENTERED PROGRAM.

       Part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at 
     the end the following:

                  ``Subpart 3--Child Centered Program

     ``SEC. 1131. DEFINITIONS.

       ``In this subpart:
       ``(1) Eligible child.--The term `eligible child' means a 
     child who--
       ``(A) is eligible to be counted under section 1124(c); or
       ``(B)(i) the State or participating local educational 
     agency elects to serve under this subpart; and
       ``(ii) is a child eligible to be served under this part 
     pursuant to section 1115(b).
       ``(2) Participating local educational agency.--The term 
     `participating local educational agency' means a local 
     educational agency that elects under section 1133(b) to carry 
     out a child centered program under this subpart.
       ``(3) School.--The term `school' means an institutional day 
     or residential school that provides elementary or secondary 
     education, as determined under State law, except that such 
     term does not include any school that provides education 
     beyond grade 12.
       ``(4) Supplemental education services.--The term 
     `supplemental education services' means educational services 
     intended--
       ``(A) to meet the individual educational needs of eligible 
     children; and
       ``(B) to enable eligible children to meet challenging State 
     curriculum, content, and student performance standards.
       ``(5) Tutorial assistance providers.--The term `tutorial 
     assistance provider' means a public or private entity that--
       ``(A) has a record of effectiveness in providing tutorial 
     assistance to school children; or
       ``(B) uses instructional practices based on scientific 
     research.

     ``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

       ``(a) Funding.--Notwithstanding any other provision of law, 
     each State or participating local educational agency may use 
     the funds made available under subparts 1 and 2, and shall 
     use the funds made available under subsection (c), to carry 
     out a child centered program under this subpart.
       ``(b) Participating Local Educational Agency Election.--
       ``(1) In general.--If a State does not carry out a child 
     centered program under this subpart or does not have an 
     application approved under section 1134 for a fiscal year, a 
     local educational agency in the State may elect to carry out 
     a child centered program under this subpart, and the 
     Secretary shall provide the funds that the local educational 
     agency (with an application approved under section 1134) is 
     eligible to receive under subparts 1 and 2, and subsection 
     (c), directly to the local educational agency to enable the 
     local educational agency to carry out the child centered 
     program.
       ``(2) Submission approval.--In order to be eligible to 
     carry out a child centered program under this subpart a 
     participating local educational agency shall obtain from the 
     State approval of the submission, but not the contents, of 
     the application submitted under section 1134.
       ``(c) Incentive Grants.--
       ``(1) In general.--From amounts appropriated under 
     paragraph (3) for a fiscal year the Secretary shall award 
     grants to each State, or participating local educational 
     agency described in subsection (b), that elects to carry out 
     a child centered program under this subpart and has an 
     application approved under section 1134, to enable the State 
     or participating local educational agency to carry out the 
     child centered program.
       ``(2) Amount.--Each State or participating local 
     educational agency that elects to carry out a child centered 
     program under this subpart and has an application approved 
     under section 1134 for a fiscal year shall receive a grant in 
     an amount that bears the same relation to the amount 
     appropriated under paragraph (3) for the fiscal year as the 
     amount the State or participating local educational agency 
     received under subparts 1 and 2 for the fiscal year bears to 
     the amount all States and participating local educational 
     agencies carrying out a child centered program under this 
     subpart received under subparts 1 and 2 for the fiscal year.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection for fiscal year 2000 and each of 
     the 4 succeeding fiscal years.

     ``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

       ``(a) Uses.--Each State or participating local educational 
     agency with an application approved under section 1134 shall 
     use funds made available under subparts 1 and 2, and 
     subsection (c), to carry out a child centered program under 
     which--
       ``(1) the State or participating local educational agency 
     establishes a per pupil amount based on the number of 
     eligible children in the State or the school district served 
     by the participating local educational agency; and
       ``(2) the State or participating local educational agency 
     may vary the per pupil amount to take into account factors 
     that may include--
       ``(A) variations in the cost of providing supplemental 
     education services in different parts of the State or the 
     school district served by the participating local educational 
     agency;
       ``(B) the cost of providing services to pupils with 
     different educational needs; or
       ``(C) the desirability of placing priority on selected 
     grades; and
       ``(3) in the case of a child centered program for eligible 
     children at a public school, the State or the participating 
     local educational agency makes available, not later than 3 
     months after the beginning of the school year, the per pupil 
     amount determined under paragraphs (1) and (2) to the school 
     in which an eligible child is enrolled, which per pupil 
     amount shall be used for supplemental education services for 
     the eligible child that are--
       ``(A) subject to subparagraph (B), provided by the school 
     directly or through a contract for the provision of 
     supplemental education services with any governmental or 
     nongovernmental agency, school, postsecondary educational 
     institution, or other entity, including a private 
     organization or business; or
       ``(B) if requested by the parent or legal guardian of an 
     eligible child, purchased from a tutorial assistance 
     provider, another public school, or a private school, 
     selected by the parent or guardian.
       ``(b) Schoolwide Programs.--
       ``(1) In general.--In the case of a public school in which 
     50 percent of the students enrolled in the school are 
     eligible children, the public school may use funds provided 
     under this subpart, in combination with other Federal, State, 
     and local funds, to carry out a schoolwide program to upgrade 
     the entire educational program in the school.
       ``(2) Plan.--If the public school elects to use funds 
     provided under this part in accordance with paragraph (1), 
     and does not have a plan approved by the Secretary under 
     section 1114(b)(2), the public school shall develop and adopt 
     a comprehensive plan for reforming the entire educational 
     program of the public school that--
       ``(A) incorporates--
       ``(i) strategies for improving achievement for all children 
     to meet the State's proficient and advanced levels of 
     performance described in section 1111(b);
       ``(ii) instruction by highly qualified staff;
       ``(iii) professional development for teachers and aides in 
     content areas in which the teachers or aides provide 
     instruction and, where appropriate, professional development 
     for pupil services personnel, parents, and principals, and 
     other staff to enable all children in the school to meet the 
     State's student performance standards; and
       ``(iv) activities to ensure that eligible children who 
     experience difficulty mastering any of the standards 
     described in section 1111(b) during the course of the school 
     year shall be provided with effective, timely additional 
     assistance;
       ``(B) describes the school's use of funds provided under 
     this subpart and from other sources to implement the 
     activities described in subparagraph (A);
       ``(C) includes a list of State and local educational agency 
     programs and other Federal programs that will be included in 
     the schoolwide program;
       ``(D) describes how the school will provide individual 
     student assessment results, including an interpretation of 
     those results, to the parents of an eligible child who 
     participates in the assessment; and
       ``(E) describes how and where the school will obtain 
     technical assistance services and a description of such 
     services.
       ``(3) Special rule.--In the case of a public school 
     operating a schoolwide program under this subsection, the 
     Secretary may, through publication of a notice in the Federal 
     Register, exempt child centered programs under

[[Page S11733]]

     this section from statutory or regulatory requirements of any 
     other noncompetitive formula grant program administered by 
     the Secretary, or any discretionary grant program 
     administered by the Secretary (other than formula or 
     discretionary grant programs under the Individuals with 
     Disabilities Education Act), to support the schoolwide 
     program, if the intent and purposes of such other 
     noncompetitive or discretionary programs are met.
       ``(c) Private School Children.--A State or participating 
     local educational agency carrying out a child centered 
     program under this subpart for eligible children at a private 
     school shall ensure that eligible children who are enrolled 
     in the private school receive supplemental education services 
     that are comparable to services for eligible children 
     enrolled in public schools provided under this subpart. The 
     supplemental education services, including materials and 
     equipment, shall be secular, neutral, and nonideological.
       ``(d) Open Enrollment.--
       ``(1) In general.--In order to be eligible to carry out a 
     child centered program under this subpart a State or 
     participating local educational agency shall operate a 
     statewide or school district wide, respectively, open 
     enrollment program that permits parents to enroll their child 
     in any public school in the State or school district, 
     respectively, if space is available in the public school and 
     the child meets the qualifications for attendance at the 
     public school.
       ``(2) Waiver.--The Secretary may waive paragraph (1) for a 
     State or participating local educational agency if the State 
     or agency, respectively, demonstrates that parents served by 
     the State or agency, respectively--
       ``(A) have sufficient options to enroll their child in 
     multiple public schools; or
       ``(B) will have sufficient options to use the per pupil 
     amount made available under this subpart to purchase 
     supplemental education services from multiple tutorial 
     assistance providers or schools.
       ``(e) Parent Involvement.--
       ``(1) In general.--Any public school receiving funds under 
     this subpart shall convene an annual meeting at a convenient 
     time. All parents of eligible children shall be invited and 
     encouraged to attend the meeting, in order to explain to the 
     parents the activities assisted under this subpart and the 
     requirements of this subpart. At the meeting, the public 
     school shall explain to parents how the school will use funds 
     provided under this subpart to enable eligible children 
     enrolled at the school to meet challenging State curriculum, 
     content, and student performance standards. In addition, the 
     public school shall inform parents of their right to choose 
     to use the per pupil amount described in subsection (a) to 
     purchase supplemental education services from a tutorial 
     assistance provider, another public school or a private 
     school.
       ``(2) Information.--Any public school receiving funds under 
     this subpart shall provide to parents a description and 
     explanation of the curriculum in use at the school, the forms 
     of assessment used to measure student progress, and the 
     proficiency levels students are expected to meet.

     ``SEC. 1134. APPLICATION.

       ``(a) In General.--Each State or participating local 
     educational agency desiring to carry out a child centered 
     program under this subpart shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall contain--
       ``(1) a detailed description of the program to be assisted, 
     including an assurance that--
       ``(A) the per pupil amount established under section 
     1133(a) will follow each eligible child described in that 
     section to the school or tutorial assistance provider of the 
     parent or guardian's choice;
       ``(B) funds made available under this subpart will be spent 
     in accordance with the requirements of this subpart; and
       ``(C) parents have the option to use the per pupil amount 
     to purchase supplemental education services for their 
     children from a wide variety of tutorial assistance providers 
     and schools;
       ``(2) an assurance that the State or participating local 
     educational agency will publish in a widely read or 
     distributed medium an annual report card that contains--
       ``(A) information regarding the academic progress of all 
     students served by the State or participating local 
     educational agency in meeting State standards, including 
     students assisted under this subpart, with results 
     disaggregated by race, family income, limited English 
     proficiency, and gender, if such disaggregation can be 
     performed in a statistically sound manner; and
       ``(B) such other information as the State or participating 
     local educational agency may require;
       ``(3) a description of how the State or participating local 
     educational agency will make available, to parents of 
     children participating in the child centered program, annual 
     school report cards, with results disaggregated by race, 
     family income, limited English proficiency, and gender, for 
     schools in the State or in the school district of the 
     participating local educational agency;
       ``(4) in the case of an application from a participating 
     local educational agency, an assurance that the participating 
     local educational agency has notified the State regarding the 
     submission of the application;
       ``(5) a description of specific measurable objectives for 
     improving the student performance of students served under 
     this subpart;
       ``(6) a description of the process by which the State or 
     participating local educational agency will measure progress 
     in meeting the objectives;
       ``(7)(A) in the case of an application from a State, an 
     assurance that the State meets the requirements of 
     subsections (a), (b) and (e) of section 1111 as applied to 
     activities assisted under this subpart; and
       ``(B) in the case of an application from a participating 
     local educational agency, an assurance that the State's 
     application under section 1111 met the requirements of 
     subsections (a), (b) and (e) of such section; and
       ``(8) an assurance that each local educational agency 
     serving a school that receives funds under this subpart will 
     meet the requirements of subsections (a) and (c) of section 
     1116 as applied to activities assisted under this subpart.

     ``SEC. 1135. ADMINISTRATIVE PROVISIONS.

       ``(a) Program Duration.--A State or participating local 
     educational agency shall carry out a child centered program 
     under this subpart for a period of 5 years.
       ``(b) Administrative Costs.--A State may reserve 2 percent 
     of the funds made available to the State under this subpart, 
     and a participating local educational agency may reserve 5 
     percent of the funds made available to the participating 
     local educational agency under this subpart, to pay the costs 
     of administrative expenses of the child centered program. The 
     costs may include costs of providing technical assistance to 
     schools receiving funds under this subpart, in order to 
     increase the opportunity for all students in the schools to 
     meet the State's content standards and student performance 
     standards. The technical assistance may be provided directly 
     by the State educational agency, local educational agency, 
     or, with a local educational agency's approval, by an 
     institution of higher education, by a private nonprofit 
     organization, by an educational service agency, by a 
     comprehensive regional assistance center under part A of 
     title XIII, or by another entity with experience in helping 
     schools improve student achievement.
       ``(c) Reports.--
       ``(1) Annual reports.--
       ``(A) In general.--The State educational agency serving 
     each State, and each participating local educational agency, 
     carrying out a child centered program under this subpart 
     shall submit to the Secretary an annual report, that is 
     consistent with data provided under section 1134(a)(2)(A), 
     regarding the performance of eligible children receiving 
     supplemental education services under this subpart.
       ``(B) Data.--Not later than 2 years after establishing a 
     child centered program under this subpart and each year 
     thereafter, each State or participating local educational 
     agency shall include in the annual report data on student 
     achievement for eligible children served under this subpart 
     with results disaggregated by race, family income, limited 
     English proficiency, and gender, demonstrating the degree to 
     which measurable progress has been made toward meeting the 
     objectives described in section 1134(a)(5).
       ``(C) Data assurances.--Each annual report shall include--
       ``(i) an assurance from the managers of the child centered 
     program that data used to measure student achievement under 
     subparagraph (B) is reliable, complete, and accurate, as 
     determined by the State or participating local educational 
     agency; or
       ``(ii) a description of a plan for improving the 
     reliability, completeness, and accuracy of such data as 
     determined by the State or participating local educational 
     agency.
       ``(2) Secretary's report.--The Secretary shall make each 
     annual report available to Congress, the public, and the 
     Comptroller General of the United States (for purposes of the 
     evaluation described in section 1136).
       ``(d) Termination.--Three years after the date a State or 
     participating local educational agency establishes a child 
     centered program under this subpart the Secretary shall 
     review the performance of the State or participating local 
     educational agency in meeting the objectives described in 
     section 1134(a)(5). The Secretary, after providing notice and 
     an opportunity for a hearing, may terminate the authority of 
     the State or participating local educational agency to 
     operate a child centered program under this subpart if the 
     State or participating local educational agency submitted 
     data that indicated the State or participating local 
     educational agency has not made any progress in meeting the 
     objectives.
       ``(e) Treatment of Amounts Received.--The per pupil amount 
     provided under this subpart for an eligible child shall not 
     be treated as income of the eligible child or the parent of 
     the eligible child for purposes of Federal tax laws, or for 
     determining the eligibility for or amount of any other 
     Federal assistance.

     ``SEC. 1136. EVALUATION.

       ``(a) Annual Evaluation.--
       ``(1) Contract.--The Comptroller General of the United 
     States shall enter into a contract, with an evaluating entity 
     that has demonstrated experience in conducting evaluations, 
     for the conduct of an ongoing rigorous evaluation of child 
     centered programs under this subpart.
       ``(2) Annual evaluation requirement.--The contract 
     described in paragraph (1) shall

[[Page S11734]]

     require the evaluating entity entering into such contract to 
     annually evaluate each child centered program under this 
     subpart in accordance with the evaluation criteria described 
     in subsection (b).
       ``(3) Transmission.--The contract described in paragraph 
     (1) shall require the evaluating entity entering into such 
     contract to transmit to the Comptroller General of the United 
     States the findings of each annual evaluation under paragraph 
     (2).
       ``(b) Evaluation Criteria.--The Comptroller General of the 
     United States, in consultation with the Secretary, shall 
     establish minimum criteria for evaluating the child centered 
     programs under this subpart. Such criteria shall provide for 
     a description of--
       ``(1) the implementation of each child centered program 
     under this subpart;
       ``(2) the effects of the programs on the level of parental 
     participation and satisfaction with the programs; and
       ``(3) the effects of the programs on the educational 
     achievement of eligible children participating in the 
     programs.

     ``SEC. 1137. REPORTS.

       ``(a) Reports by Comptroller General.--
       ``(1) Interim reports.--Three years after the date of 
     enactment of this subpart the Comptroller General of the 
     United States shall submit an interim report to Congress on 
     the findings of the annual evaluations under section 
     1136(a)(2) for each child centered program assisted under 
     this subpart. The report shall contain a copy of the annual 
     evaluation under section 1136(a)(2) of each child centered 
     program under this subpart.
       ``(2) Final report.--The Comptroller General shall submit a 
     final report to Congress, not later than March 1, 2006, that 
     summarizes the findings of the annual evaluations under 
     section 1136(a)(2).''.

     ``SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.

       Nothing in this subpart shall be construed--
       ``(1) to authorize or permit an officer or employee of the 
     Federal Government to mandate, direct, or control a State, 
     local educational agency, or school's specific instructional 
     content or student performance standards and assessments, 
     curriculum, or program of instruction, as a condition of 
     eligibility to receive funds under this subpart; and
       ``(2) to preempt any provision of a State constitution or 
     State statute that pertains to the expenditure of State funds 
     in or by religious institutions.''.

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