[Congressional Record Volume 145, Number 143 (Wednesday, October 20, 1999)]
[House]
[Pages H10612-H10614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

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

                                 H.R. 2

                         Offered By: Mr. Armey

       Amendment No. 56: Before section 111 of the bill, insert 
     the following (and redesignate any subsequent sections 
     accordingly):

     SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       Subpart 1 of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is 
     amended by inserting after section 1115A of such Act (20 
     U.S.C. 6316) the following:

     ``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

       ``(a) In General.--If a student is eligible to be served 
     under section 1115(b), or attends a school eligible for a 
     schoolwide program under section 1114, and--
       ``(1) becomes a victim of a violent criminal offense while 
     in or on the grounds of a public elementary school or 
     secondary school that the student attends and that receives 
     assistance under this part, then the local educational agency 
     shall allow such student to attend any other public or 
     private elementary school or secondary school, including a 
     sectarian school, in the same State as the school where the 
     criminal offense occurred, that is selected by the student's 
     parent; or
       ``(2) the public school that the student attends and that 
     receives assistance under this part has been designated as an 
     unsafe public school, then the local educational agency may 
     allow such student to attend any other public or private 
     elementary school or secondary school, including a sectarian 
     school, in the same State as the school where the criminal 
     offense occurred, that is selected by the student's parent.
       ``(b) State Educational Agency Determinations.--
       ``(1) The State educational agency shall determine, based 
     upon State law, what actions constitute a violent criminal 
     offense for purposes of this section.
       ``(2) The State educational agency shall determine which 
     schools in the State are unsafe public schools.
       ``(3) The term `unsafe public schools' means a public 
     school that has serious crime, violence, illegal drug, and 
     discipline problems, as indicated by conditions that may 
     include high rates of--
       ``(A) expulsions and suspensions of students from school;
       ``(B) referrals of students to alternative schools for 
     disciplinary reasons, to special programs or schools for 
     delinquent youth, or to juvenile court;
       ``(C) victimization of students or teachers by criminal 
     acts, including robbery, assault and homicide;
       ``(D) enrolled students who are under court supervision for 
     past criminal behavior;
       ``(E) possession, use, sale or distribution of illegal 
     drugs;
       ``(F) enrolled students who are attending school while 
     under the influence of illegal drugs or alcohol;
       ``(G) possession or use of guns or other weapons;
       ``(H) participation in youth gangs; or
       ``(I) crimes against property, such as theft or vandalism.
       ``(c) Transportation and Tuition Costs.--The local 
     educational agency that serves the public school in or the 
     grounds on which the violent criminal offense occurred or 
     that serves the designated unsafe public school may use funds 
     hereafter provided under this part to provide transportation 
     services or to pay the reasonable costs of transportation or 
     the reasonable costs of tuition or mandatory fees associated 
     with attending another school, public or private, selected by 
     the student's parent. The local educational agency shall 
     ensure that this subsection is carried out in a 
     constitutional manner.
       ``(d) Special Rule.--Any school receiving assistance 
     provided under this section shall comply with title VI of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and not 
     discriminate on the basis of race, color, or national origin.
       ``(e) Part B of the Individuals With Disabilities Education 
     Act.--Nothing in this section shall be construed to affect 
     the requirements of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.).
       ``(f) Maximum Amount.--Notwithstanding any other provision 
     of this section, the amount of assistance provided under this 
     part for a student shall not exceed the per pupil expenditure 
     for elementary or secondary education, as appropriate, by the 
     local educational agency that serves the school--
       ``(1) where the violent criminal offense occurred for the 
     fiscal year preceding the fiscal year in which the offense 
     occurred; or
       ``(2) designated as an unsafe public school by the State 
     educational agency for the fiscal year preceding the fiscal 
     year for which the designation is made.
       ``(g) Construction.--Nothing in this Act or any other 
     Federal law shall be construed to prevent a parent assisted 
     under this section from selecting the public or private 
     elementary school or secondary school that a child of the 
     parent will attend within the State.
       ``(h) Consideration of Assistance.--Assistance used under 
     this section to pay the costs for a student to attend a 
     private school shall not be considered to be Federal aid to 
     the school, and the Federal Government shall have no 
     authority to influence or regulate the operations of a 
     private school as a result of assistance received under this 
     section.
       ``(i) Continuing Eligibility.--A student assisted under 
     this section shall remain eligible to continue receiving 
     assistance under this section for 5 academic years without 
     regard to whether the student is eligible for assistance 
     under section 1114 or 1115(b).
       ``(j) Tuition Charges.--Assistance under this section may 
     not be used to pay tuition or mandatory fees at a private 
     elementary school or secondary school in an amount that is 
     greater than the tuition and mandatory fees paid by students 
     not assisted under this section at such private school.
       ``(k) Sectarian Institutions.--Nothing in this section 
     shall be construed to supersede or modify any provision of a 
     State constitution that prohibits the expenditure of public 
     funds in or by sectarian institutions.''
       After part G of the Elementary and Secondary Education Act 
     of 1965, as proposed to be added by section 171 of the bill, 
     insert the following:

                      PART F--ACADEMIC EMERGENCIES

     SEC. 181. ACADEMIC EMERGENCIES.

       (a) Academic Emergencies.--Title I of the Act is amended by 
     adding at the end the following:

                     ``PART H--ACADEMIC EMERGENCIES

     ``SEC. 1801. SHORT TITLE.

       ``This part may be cited as the ``Academic Emergency Act''.

     ``SEC. 1802. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to provide 
     funds to States that have 1 or more schools designated under 
     section 1803 as academic emergency schools to provide parents 
     whose children attend such schools with education 
     alternatives.
       ``(b) Grants to States.--Grants awarded to a State under 
     this part shall be awarded for a period of not more than 5 
     years.

     ``SEC. 1803. ACADEMIC EMERGENCY DESIGNATION.

       ``(a) Designation.--The Governor of each State may 
     designate 1 or more schools in the State that meet the 
     eligibility requirements set forth in subsection (b) or are 
     identified for school improvement under section 1116(b) as 
     academic emergency schools.
       ``(b) Eligibility.--To be designated as an academic 
     emergency school, the school shall be a public elementary 
     school--
       ``(1) with a consistent record of poor performance by 
     failing to meet minimum academic standards as determined by 
     the State; and
       ``(2) in which more than 50 percent of the children 
     attending are eligible for free or reduced price lunches 
     under the National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(c) List to Secretary.--To receive a grant under this 
     part, the Governor shall submit a list of academic emergency 
     schools to the State educational agency and the Secretary.

     ``SEC. 1804. APPLICATION AND STATE SELECTION.

       ``(a) Application.--Each State in which the Governor has 
     designated 1 or more schools as academic emergency schools 
     shall submit an application to the Secretary that includes 
     the following:
       ``(1) Assurances.--Assurances that the State shall--
       ``(A) use the funds provided under this part to supplement, 
     not supplant, State and local funds that would otherwise be 
     available for the purposes of this part;
       ``(B) provide written notification to the parents of every 
     student eligible to receive academic emergency relief funds 
     under this part, informing the parents of the voluntary 
     nature of the program established under this part, and the 
     availability of qualified schools within their geographic 
     area;
       ``(C) provide parents and the education community with 
     easily accessible information regarding available education 
     alternatives; and
       ``(D) not reserve more than 4 percent of the amount made 
     available under this part to pay administrative expenses.
       ``(2) Information.--Information regarding each academic 
     emergency school, for the school year in which the 
     application is submitted, regarding the number of children 
     attending such school, including the number of children who 
     are eligible for free or reduced-price lunch under the 
     National School Lunch Act (42 U.S.C. 1751 et seq.) and the 
     level of student performance.
       ``(b) State Awards.--

[[Page H10613]]

       ``(1) State selection.--From the amount appropriated 
     pursuant to the authority of section 1814 in any fiscal year, 
     the Secretary shall award grants to States in accordance with 
     this section.
       ``(2) Priority.--To the extent practicable, the Secretary 
     shall ensure that each State that completes an application in 
     accordance with subsection (a) shall receive a grant of 
     sufficient size to provide education alternatives to not less 
     than 1 academic emergency school.
       ``(3) Award criteria.--In determining the amount of a grant 
     award to a State under this part, the Secretary shall take 
     into consideration the number of schools designated as 
     academic emergencies in the State and the number of eligible 
     students in such schools.
       ``(4) State plan.--Each State that applies for funds under 
     this part shall establish a plan--
       ``(A) to ensure that the greatest number of eligible 
     students who attend academic emergency schools have an 
     opportunity to receive an academic emergency relief funds; 
     and
       ``(B) to develop a simple procedure to allow parents of 
     participating eligible students to redeem academic emergency 
     relief funds.

     ``SEC. 1805. SELECTION OF ACADEMIC EMERGENCY SCHOOLS AND 
                   AWARDS TO PARENTS.

       ``(a) Selection.--The State shall select academic emergency 
     schools based on --
       ``(1) the number of eligible students attending an academic 
     emergency school;
       ``(2) the availability of qualified schools near the 
     academic emergency school; and
       ``(3) the academic performance of students in the academic 
     emergency school.
       ``(b) Insufficient Funds.--If the amount of funds made 
     available to a State under this part is insufficient to 
     provide every eligible student in a selected academic 
     emergency school with academic emergency relief funds, the 
     State shall devise a random selection process to provide 
     eligible students in such school whose family income does not 
     exceed 185 percent of the poverty line the opportunity to 
     participate in education alternatives established pursuant to 
     this part.
       ``(c) Payments.--
       ``(1) In general.--From the funds made available to a State 
     under this part and not reserved under section 1804(a)(1)(D), 
     a State shall pay not more than $3,500 in academic emergency 
     relief funds to the parents of each participating eligible 
     student.
       ``(2) Period of awards.--The academic emergency relief 
     funds awarded to parents of participating eligible students 
     shall be awarded for each school year during the grant period 
     which shall terminate--
       ``(A) when a participating eligible student is no longer a 
     student in the State; or
       ``(B) at the end of 5 years,
     whichever occurs first.
       ``(3) Duration.--A State shall continue to receive funds 
     under this part for distribution to parents of participating 
     eligible students throughout the 5-year grant period.

     ``SEC. 1806. QUALIFIED SCHOOLS.

       ``(a) Qualifications.--A State that submits an application 
     to the Secretary under section 1804 shall publish the 
     qualifications necessary for a school to participate as a 
     qualified school under this part. At a minimum, each such 
     school shall--
       ``(1) provide assurances to the State that it will comply 
     with section 1810;
       ``(2) certify to the State that the amount charged to a 
     parent using academic relief funds for tuition and fees does 
     not exceed the amount for such tuition and fees charged to a 
     parent not using such relief funds whose child attends the 
     qualified school (excluding scholarship students attending 
     such school); and
       ``(3) report to the State, not later than July 30 of each 
     year in a manner prescribed by the State, information 
     regarding student performance.
       ``(b) Confidentiality.--No personal identifiers may be used 
     in such report described in subsection (a)(3), except that 
     the State may request such personal identifiers solely for 
     the purpose of verifying student performance.

     ``SEC. 1807. ACADEMIC EMERGENCY RELIEF FUNDS.

       ``(a) Use of Academic Emergency Relief Funds.--A parent who 
     receives academic emergency relief funds from a State under 
     this part may use such funds to pay the costs of tuition and 
     mandatory fees for a program of instruction at a qualified 
     school.
       ``(b) Not School Aid.--Academic emergency relief funds 
     under this part shall be considered assistance to the student 
     and shall not be considered assistance to a qualified school.

     ``SEC. 1808. EVALUATION.

       ``(a) Annual Evaluation.--
       ``(1) Contract.--The Comptroller General of the United 
     States shall enter into a contract, subject to amounts 
     specified in Appropriation Acts, with an evaluating agency 
     that has demonstrated experience in conducting evaluations, 
     for the conduct of an ongoing rigorous evaluation of the 
     education alternative program established under this part.
       ``(2) Annual evaluation requirement.--The contract 
     described in paragraph (1) shall require the evaluating 
     agency entering into such contract to annually evaluate the 
     education alternative program established under this part in 
     accordance with the evaluation criteria described in 
     subsection (b).
       ``(3) Transmission.--The contract described in paragraph 
     (1) shall require the evaluating agency 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 education 
     alternative program established under this part. Such 
     criteria shall provide for--
       ``(1) a description of the effects of the programs on the 
     level of student participation and parental satisfaction with 
     the education alternatives provided pursuant to this part 
     compared to the educational achievement of students who 
     choose to remain at academic emergency schools selected for 
     participation under this part; and
       ``(2) a description of the effects of the programs on the 
     educational performance of eligible students who receive 
     academic emergency relief funds compared to the educational 
     performance of students who choose to remain at academic 
     emergency schools selected for participation under this part.

     ``SEC. 1809. REPORTS BY COMPTROLLER GENERAL.

       ``(a) Interim Reports.--Three years after the date of 
     enactment of the Student Results Act of 1999, the Comptroller 
     General of the United States shall submit an interim report 
     to Congress on the findings of the annual evaluations under 
     section 1808(a)(2) for the education alternative program 
     established under this part. The report shall contain a copy 
     of the annual evaluation under section 1808(a)(2) of 
     education alternative program established under this part.
       ``(b) Final Report.--The Comptroller General shall submit a 
     final report to Congress, not later than 7 years after the 
     date of the enactment of the Student Results Act of 1999, 
     that summarizes the findings of the annual evaluations under 
     section 1808(a)(2).

     ``SEC. 1810. CIVIL RIGHTS.

       ``(a) In General.--A qualified school under this part shall 
     not discriminate on the basis of race, color, national 
     origin, or sex in carrying out the provisions of this part.
       ``(b) Applicability and Construction With Respect to 
     Discrimination on the Basis of Sex.--
       ``(1) Applicability.--With respect to discrimination on the 
     basis of sex, subsection (a) shall not apply to a qualified 
     school that is controlled by a religious organization if the 
     application of subsection (a) is inconsistent with the 
     religious tenets of the qualified school.
       ``(2) Single-sex schools, classes, or activities.--With 
     respect to discrimination on the basis of sex, nothing in 
     subsection (a) shall be construed to prevent a parent from 
     choosing, or a qualified school from offering, a single-sex 
     school, class, or activity.

     ``SEC. 1811. RULES OF CONSTRUCTION.

       ``(a) In General.--Nothing in this part shall be construed 
     to prevent a qualified school that is operated by, supervised 
     by, controlled by, or connected to a religious organization 
     from employing, admitting, or giving preference to persons of 
     the same religion to the extent determined by such school to 
     promote the religious purpose for which the qualified school 
     is established or maintained.
       ``(b) Sectarian Purposes.--Nothing in this part shall be 
     construed to prohibit the use of funds made available under 
     this part for sectarian educational purposes, or to require a 
     qualified school to remove religious art, icons, scripture, 
     or other symbols.

     ``SEC. 1812. CHILDREN WITH DISABILITIES.

       ``Nothing in this part shall affect the rights of students, 
     or the obligations of public schools of a State, under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).

     ``SEC. 1813. DEFINITIONS.

       ``As used in this part:
       ``(1) The terms ``local educational agency'' and ``State 
     educational agency'' have the same meanings given such terms 
     in section 14101 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8801).
       ``(2) The term ``eligible student'' means a student 
     enrolled, in a grade between kindergarten and 4th, in an 
     academic emergency school during the school year in which the 
     Governor designates the school as an academic emergency 
     school, except that the parents of a child enrolled in 
     kindergarten at the time of the Governor's designation shall 
     not be eligible to receive academic emergency relief funds 
     until the child is in first grade.
       ``(3) The term ``Governor'' means the chief executive 
     officer of the State.
       ``(4) The term ``parent'' includes a legal guardian or 
     other person standing in loco parentis.
       ``(5) The term ``poverty line'' means the income official 
     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) The term ``qualified school'' means a public, 
     private, or independent elementary school that meets the 
     requirements of section 1806 and any other qualifications 
     established by the State to accept academic emergency relief 
     funds from the parents of participating eligible students.
       ``(7) The term ``Secretary'' means the Secretary of 
     Education.
       ``(8) The term ``State'' means each of the 50 States and 
     the District of Columbia.

[[Page H10614]]

     ``SEC. 1814. AUTHORIZATIONS OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $100,000,000 for fiscal year 2000 and such sums as may 
     be necessary for each of the fiscal years 2001 through 2004, 
     except that the amount authorized to be appropriated may not 
     exceed $100,000,000 for any fiscal year.''.
       (b) Repeals.--The following programs are repealed:
       (1) International education exchange program.--Section 601 
     of the Goals 2000: Educate America Act (20 U.S.C. 5951).
       (2) Fund for the improvement of education.--Part A of title 
     X of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 8001 et seq.).
       (3) 21st century community learning centers.--Part I of 
     title X of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8241 et seq.).

                                 H.R. 2

                         Offered By: Mr. Scott

       Amendment No. 57: Strike title III of the bill.

                                 H.R. 2

                  Offered By: Mr. Udall of New Mexico

       Amendment No. 58: Section 1125 of the Act is amended by 
     adding a subsection (i)--
       ``(i)(1) The Secretary shall grant to the Santa Fe Indian 
     School a permanent use permit for the entire premises and 
     grounds of the Santa Fe Indian School in Santa Fe, New 
     Mexico, for the purposes of allowing and encouraging the 
     school to enter into long term agreements for the benefit of 
     the educational programs of the school. Such grant shall be 
     made to, and controlled by, the Governors of the Pueblos 
     located in New Mexico, who shall act through joint action 
     taken by motion acted upon by a majority of said Governors, 
     in a manner to be determined by the Governors and the school 
     board of the Santa Fe Indian School. Such action shall only 
     be for the benefit of the educational program at the school. 
     No action shall be taken which uses this property in 
     furtherance of, or support of, gaming activities, or the sale 
     of tobacco products or alcohol, whether for the Pueblos 
     (jointly or severally) or the school.
       (2) Upon motion of the Governors of the Pueblos of New 
     Mexico, acted upon by a majority of said Governors acting in 
     consultation with the school board of the Santa Fe Indian 
     School, the Secretary shall take action, in the most 
     expeditious fashion, to clear any questions related to the 
     fee title of said property, as set forth in paragraph (1) of 
     this subsection. Upon action of the Governors of the Pueblos 
     of New Mexico taken in consultation with the school board of 
     the Santa Fe Indian School, the Secretary shall take such 
     actions as may be necessary to transfer the title in such 
     property to the 19 Pueblos tribes of New Mexico, acting for 
     the school, provided that said property shall remain trust 
     property and exempt from all taxation and State 
     administration and shall continue to be used for the 
     education of Indian students.''