[Congressional Record Volume 146, Number 55 (Monday, May 8, 2000)]
[Senate]
[Pages S3616-S3619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                     EDUCATIONAL OPPORTUNITIES ACT

                                 ______
                                 

                        LUGAR AMENDMENT NO. 3125

  (Ordered to lie on the table.)
  Mr. LUGAR submitted an amendment intended to be proposed by him to 
the bill (S. 2) to extend programs and activities under the Elementary 
and Secondary Education Act of 1965; as follows:

       On page 23, line 3, strike ``$200,000,000'' and insert 
     ``$500,000,000''.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3126

  Mr. COVERDELL (for Mr. Lott) proposed an amendment to the bill, S. 2, 
supra; as follows:

       On page 210, strike lines 18 through 21 and insert the 
     following:
       ``(1) Recruiting and hiring highly qualified certified or 
     licensed teachers, including teachers certified through State 
     and local alternative routes, in order to reduce class size 
     or address the shortage of highly qualified teachers in 
     specific academic subjects or grades, or hiring special 
     education teachers.
       On page 215, strike line 13 and all that follows through 
     page 217, line 13, and insert the following:
       ``(c) Accountability.--
       ``(1) In general.--At the end of each fiscal year, a State 
     shall determine whether a local educational agency in the 
     State, in carrying out activities under subpart 2 or this 
     subpart during the fiscal year, has failed to achieve--
       ``(A) improved student performance, as determined by the 
     State; or
       ``(B) an increased percentage of classes in core academic 
     subjects that are taught by highly qualified teachers.
       ``(2) Technical assistance.--If the State determines, under 
     paragraph (1), that a local educational agency has failed to 
     achieve the improved performance or increased percentage 
     described in subparagraph (A) or (B) of paragraph (1), the 
     State may provide technical assistance in order to provide 
     the opportunity for the agency to make progress in achieving 
     the improved performance or increased percentage.
       ``(3) Eligibility for funds in 4th year.--If a local 
     educational agency applies for funds under this part for a 
     4th year (including applying for funds under subpart 2 as 
     part of a partnership), the agency may receive the funds for 
     that fiscal year only if the State determines that the 
     agency, in carrying out activities under subpart 2 or this 
     subpart, as appropriate, during the past 3 fiscal years, has 
     achieved the improved student performance or increased 
     percentage described in subparagraph (A) or (B) of paragraph 
     (1).
       ``(4) State control of funds.--If the State determines, 
     under paragraph (3), that a local educational agency has 
     failed to achieve the improved performance or increased 
     percentage described in subparagraph (A) or (B) of paragraph 
     (1), the State shall receive the funds for which the agency 
     is eligible under section 2012(c) and shall expend the funds 
     in accordance with subpart 2 or this subpart, as appropriate.

[[Page S3617]]

       On page 217, strike lines 18 through 24 and insert the 
     following:
       ``(a) Payments.--
       ``(1) In general.--A local educational agency receiving 
     funds to carry out this subpart may provide payments directly 
     to a teacher or a group of teachers seeking opportunities to 
     participate in a professional development activity of their 
     choice that meets the criteria set forth in subsections (a) 
     and (b) of section 2032.
       ``(2) 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 this section.
       On page 221, between lines 2 and 3, insert the following:
       ``(7) A description of the manner in which the local 
     educational agency will collaborate with (as applicable) 
     institutions of higher education or other entities in 
     providing high quality professional development activities 
     under this subpart.
       On page 242, line 3, strike ``part G'' and insert ``part 
     I''.
       On page 248, strike line 9 and insert the following: 
     ``years.

                    ``PART G--CAREERS TO CLASSROOMS

     ``SEC. 2521. CAREERS TO CLASSROOMS.

       ``(a) Definitions.--In this section:
       ``(1) Alternative certification program.--The term 
     `alternative certification program' means a State-approved 
     program that--
       ``(A) provides the education and training necessary to 
     enable an individual to be eligible for teacher certification 
     in the State within a reduced period of time, compared to the 
     time typically required to receive such certification; and
       ``(B) relies upon an individual's experience, expertise, 
     academic qualifications, or other factors in lieu of 
     traditional course work for eligibility to receive a degree 
     in the field of education.
       ``(2) Eligible individual.--The term `eligible individual' 
     means an individual--
       ``(A) who has submitted an application described in 
     subsection (d) to be a certified teacher through a State-
     approved alternative certification program in an elementary 
     or secondary school;
       ``(B) who has an associate, baccalaureate, or advanced 
     degree from an accredited institution of higher education;
       ``(C) who--
       ``(i) has substantial, demonstrable career experience and 
     competence in math, natural science, computer science, 
     engineering, foreign language or another field of expertise 
     determined by the State to be a field for which there is a 
     significant shortage of qualified teachers and teacher 
     applicants in that State; or
       ``(ii) within 5 years of the date on which the individual 
     submits an application described in subparagraph (A)--

       ``(I) has received a baccalaureate or advanced degree from 
     an accredited institution of higher education in a field of 
     expertise described in clause (i); and
       ``(II)(aa) has graduated with at least a 3.0 grade point 
     average (or equivalent average on a different scale) in the 
     major or graduate program for which the individual obtained 
     the degree;
       ``(bb) has graduated at least in the top 50 percent of the 
     individual's undergraduate or graduate class;
       ``(cc) can demonstrate a high level of competence through a 
     high level of academic performance in core academic 
     coursework and through successful passage of academic subject 
     tests required by the State under its alternative 
     certification program; and
       ``(dd) meets any additional academic or other standards or 
     qualifications established by the State;

       ``(D) in the case of an individual receiving a stipend 
     under this section, who agrees to, in good faith, seek 
     employment and to consider offers of employment in the 
     individual's subject matter of expertise in a high need 
     elementary or secondary school within that State; and
       ``(E) who meets any additional teacher certification or 
     other requirements that may be established by the State.
       ``(3) High need elementary or secondary school.--The term 
     `high need elementary or secondary school' means a school--
       ``(A)(i) in which the percentage of students from families 
     below the Federal poverty level (as determined by the 
     Secretary) is 20 percent or more; and
       ``(ii) that the State determines has experienced a 
     significant period in which teacher vacancies have remained 
     unfilled due to greater than normal difficulty in recruiting 
     or retaining qualified teachers;
       ``(B) is within the top quartile of schools statewide with 
     regard to the number of unfilled, available teacher 
     positions; or
       ``(C) is located in an area, other than a metropolitan 
     statistical area, that the State determines has a high 
     percentage of students from low-income families or is one 
     that has experienced greater than normal difficulty in 
     recruiting or retaining teachers.
       ``(b) Program Authorized.--The Secretary may award, on a 
     competitive basis, grants to States to enable such States to 
     carry out the following activities:
       ``(1) Teacher recruitment, education, training, referral, 
     placement, and retention activities to place eligible 
     individuals as certified teachers in public schools through 
     State-approved alternative certification programs.
       ``(2) To award stipends (in an amount not to exceed the 
     lesser of $5,000 per person or an amount equal to the total 
     costs of the types described in paragraphs (1), (2), (3), 
     (8), and (9) of section 472 of the Higher Education Act of 
     1965 incurred by the eligible individual in obtaining 
     alternative certification under this section) to eligible 
     individuals who--
       ``(A) are enrolled in a State authorized alternative 
     certification program; and
       ``(B) agree to--
       ``(i) seek certification through teacher certification 
     programs in that State; and
       ``(ii) teach in a high need school in that State;
     with a preference being given to individuals who are deemed 
     financially in need of such assistance by the State.
       ``(3) To provide grants, in a manner prescribed by the 
     State, in an amount not to exceed $5,000 per eligible 
     individual, per year, to high need elementary and secondary 
     schools to offset the teacher mentoring, alternative 
     certification, and other direct costs associated with 
     accepting eligible individuals under this section.
       ``(4) To develop, or to award grants to accredited 
     institutions of higher education for the development of, 
     alternative certification programs, with preference given to 
     programs tailored to eligible individuals under this section.
       ``(5) Other activities determined by the State to be 
     reasonably necessary to carry-out the purposes of this 
     section.
       ``(c) Criteria for Awarding of Grants.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section a State shall--
       ``(A) submit to the Secretary an application that 
     contains--
       ``(i) a description of the manner in which the State will 
     carry out activities under this section; and
       ``(ii) a description of the alternative certification 
     program of the State or a description of the manner in which 
     the State is attempting to implement an alternative 
     certification program;
       ``(B) provide assurances to the Secretary that the State 
     will submit to the Secretary, at the end of the grant period, 
     a report on how the activities carried out with funds made 
     available under the grant were utilized, including a 
     description of--
       ``(i) the manner in which the funds were used to increase 
     the number of qualified teachers hired in the State;
       ``(ii) the manner in which the funds improved teacher 
     quality;
       ``(iii) the number of teachers hired under the grant;
       ``(iv) the professional experience and field of expertise 
     of each teacher hired under the grant; and
       ``(v) the manner in which the funds were used to meet other 
     objectives of this section or other objectives of the State 
     with regard to teacher hiring, quality, retention, and 
     student performance;
       ``(C) provide assurances that amounts received under the 
     grant will be used to supplement and not supplant other 
     Federal, State, and local funds expended to provide services 
     for individuals and entities eligible to receive funds under 
     this section; and
       ``(D) provide assurances to the Secretary that amounts 
     received under the grants will be expended within 3 years of 
     the receipt of such funds and agree to return unused funds to 
     the Secretary.
       ``(2) Preference.--The Secretary shall give preference in 
     the awarding of grants under this section to States that have 
     developed, or that are developing, alternative certification 
     programs that--
       ``(A) rapidly place quality certified teachers into the 
     classroom;
       ``(B) emphasize subject matter content; and
       ``(C) lead to the certification and placement of a large 
     number of teachers in relation to the number of public 
     elementary school and secondary school teachers in the State.
       ``(3) Limitations.--A grant under this section may be made 
     for a period of up to 3 years, and may not exceed $10,000,000 
     per year.
       ``(4) Geographic diversity.--To the extent practicable, the 
     Secretary shall award grants under this section to support 
     programs in different geographic regions of the United 
     States.
       ``(d) Application by Eligible Individuals.--To be eligible 
     to participate as an eligible individual under this section, 
     an individual shall submit an application to the State, or to 
     an entity or individual designated by the State to receive 
     such applications. Such application shall include--
       ``(1) a description of the academic, professional, and 
     other qualifications of the individual, including the 
     academic or professional subject matter expertise of the 
     individual;
       ``(2) a description of the subject matter area, and, if 
     applicable, the grade level, in which the individual desires 
     to teach;
       ``(3)(A) a description of whether the individual is seeking 
     a stipend under this section (if offered by the State); and
       ``(B) if the individual is seeking such a stipend, a 
     description of the willingness of the individual to teach in 
     a high need school for at least 2 years under this section; 
     and
       ``(4) any other information or documentation that may be 
     required by the State.
       ``(e) Stipends.--
       ``(1) Counted for eligibility purposes.--A stipend received 
     by an eligible individual

[[Page S3618]]

     under this section shall be taken into account in determining 
     the eligibility of the individual for Federal student-based 
     financial assistance.
       ``(2) Repayment.--The recipient of a stipend under this 
     section shall repay amounts received under such stipend to 
     the State from which the stipend was received if--
       ``(A) the recipient fails to complete the applicable 
     alternative certification program;
       ``(B) the recipient rejects a bona fide offer of employment 
     during the 1-year period beginning on the date on which the 
     individual completes the applicable alternative certification 
     program; or
       ``(C) the recipient fails to teach for at least 2 years in 
     a public elementary or secondary school within that State 
     during the 5-year period beginning on the date on which the 
     individual completes the applicable alternative certification 
     program.
       ``(3) Additional procedures.--A State that receives a grant 
     under this section may establish additional procedures and 
     rules with respect to the reimbursement of the State of any 
     stipend funds under paragraph (2), and shall retain such 
     reimbursed funds to carry out activities under this section.
       ``(4) Exceptions.--Paragraphs (2) and (3) shall not apply 
     during the period of time in which an eligible individual 
     is--
       ``(A) pursuing a full-time course of study;
       ``(B) serving on active duty as a member of the Armed 
     Forces;
       ``(C) temporarily totally disabled for a period of time not 
     to exceed 3 years;
       ``(D) not able to secure employment for a period of not 
     more than 12 months by reason of the care required by a 
     spouse who is disabled; or
       ``(E) otherwise exempted from the requirements of such 
     paragraphs as may be provided by the Secretary.
       ``(f) Public Awareness.--The Secretary shall disseminate 
     and otherwise make available information concerning the 
     program under this section, including--
       ``(1) through the posting of a website on the Internet to 
     enable interested persons to easily find information and 
     application material for participation in activities under 
     this section, that contains a nationwide, publicly searchable 
     data bank of all State programs and all available public 
     elementary and secondary teaching positions the Secretary is 
     able to practicably ascertain, and a means by which 
     individuals may apply to, or inquire of, multiple States' 
     alternative certification programs under this section;
       ``(2) providing information to every State about the 
     program under this section, including the criteria for State 
     and individual eligibility; and
       ``(3) conducting other activities, either directly or 
     through contract with other appropriate entities, to broaden 
     awareness and participation in the program under this 
     section.
       ``(g) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $50,000,000 in fiscal year 2001, and such sums 
     as may be necessary for each of fiscal years 2002 through 
     2006.

                 ``PART H--TEACHER LIABILITY PROTECTION

     ``SEC. 2531. SHORT TITLE.

       ``This part may be cited as the `Teacher Liability 
     Protection Act of 2000'.

     ``SEC. 2532. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) The ability of teachers, principals and other school 
     professionals to teach, inspire and shape the intellect of 
     our Nation's elementary and secondary school students is 
     deterred and hindered by frivolous lawsuits and litigation.
       ``(2) Each year more and more teachers, principals and 
     other school professionals face lawsuits for actions 
     undertaken as part of their duties to provide millions of 
     school children quality educational opportunities.
       ``(3) Too many teachers, principals and other school 
     professionals face increasingly severe and random acts of 
     violence in the classroom and in schools.
       ``(4) Providing teachers, principals and other school 
     professionals a safe and secure environment is an important 
     part of the effort to improve and expand educational 
     opportunities.
       ``(5) Clarifying and limiting the liability of teachers, 
     principals and other school professionals who undertake 
     reasonable actions to maintain order, discipline and an 
     appropriate educational environment is an appropriate subject 
     of Federal legislation because--
       ``(A) the national scope of the problems created by the 
     legitimate fears of teachers, principals and other school 
     professionals about frivolous, arbitrary or capricious 
     lawsuits against teachers; and
       ``(B) millions of children and their families across the 
     Nation depend on teachers, principals and other school 
     professionals for the intellectual development of the 
     children.
       ``(b) Purpose.--The purpose of this part is to provide 
     teachers, principals and other school professionals the tools 
     they need to undertake reasonable actions to maintain order, 
     discipline and an appropriate educational environment.

     ``SEC. 2533. PREEMPTION AND ELECTION OF STATE 
                   NONAPPLICABILITY.

       ``(a) Preemption.--This part preempts the laws of any State 
     to the extent that such laws are inconsistent with this part, 
     except that this part shall not preempt any State law that 
     provides additional protection from liability relating to 
     teachers.
       ``(b) Election of State Regarding Nonapplicability.--This 
     Act shall not apply to any civil action in a State court 
     against a teacher in which all parties are citizens of the 
     State if such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       ``(1) citing the authority of this subsection;
       ``(2) declaring the election of such State that this part 
     shall not apply, as of a date certain, to such civil action 
     in the State; and
       ``(3) containing no other provisions.

     ``SEC. 2534. LIMITATION ON LIABILITY FOR TEACHERS.

       ``(a) Liability Protection for Teachers.--Except as 
     provided in subsections (b) and (c), no teacher in a school 
     shall be liable for harm caused by an act or omission of the 
     teacher on behalf of the school if--
       ``(1) the teacher was acting within the scope of the 
     teacher's employment or responsibilities related to providing 
     educational services;
       ``(2) the actions of the teacher were carried out in 
     conformity with local, State, or Federal laws, rules or 
     regulations in furtherance of efforts to control, discipline, 
     expel, or suspend a student or maintain order or control in 
     the classroom or school;
       ``(3) if appropriate or required, the teacher was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the teacher's 
     responsibilities;
       ``(4) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the teacher; and
       ``(5) the harm was not caused by the teacher operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       ``(A) possess an operator's license; or
       ``(B) maintain insurance.
       ``(b) Concerning Responsibility of Teachers to Schools and 
     Governmental Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any school or 
     any governmental entity against any teacher of such school.
       ``(c) Exceptions to Teacher Liability Protection.--If the 
     laws of a State limit teacher liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       ``(1) A State law that requires a school or governmental 
     entity to adhere to risk management procedures, including 
     mandatory training of teachers.
       ``(2) A State law that makes the school or governmental 
     entity liable for the acts or omissions of its teachers to 
     the same extent as an employer is liable for the acts or 
     omissions of its employees.
       ``(3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       ``(d) Limitation on Punitive Damages Based on the Actions 
     of Teachers.--
       ``(1) General rule.--Punitive damages may not be awarded 
     against a teacher in an action brought for harm based on the 
     action of a teacher acting within the scope of the teacher's 
     responsibilities to a school or governmental entity unless 
     the claimant establishes by clear and convincing evidence 
     that the harm was proximately caused by an action of such 
     teacher which constitutes willful or criminal misconduct, or 
     a conscious, flagrant indifference to the rights or safety of 
     the individual harmed.
       ``(2) Construction.--Paragraph (1) does not create a cause 
     of action for punitive damages and does not preempt or 
     supersede any Federal or State law to the extent that such 
     law would further limit the award of punitive damages.
       ``(e) Exceptions to Limitations on Liability.--
       ``(1) In general.--The limitations on the liability of a 
     teacher under this part shall not apply to any misconduct 
     that--
       ``(A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18, United States Code) for which the 
     defendant has been convicted in any court;
       ``(B) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       ``(C) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       ``(D) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to affect subsection (a)(3) or (d).

     ``SEC. 2535. LIABILITY FOR NONECONOMIC LOSS.

       ``(a) General Rule.--In any civil action against a teacher, 
     based on an action of a teacher acting within the scope of 
     the teacher's responsibilities to a school or governmental 
     entity, the liability of the teacher for noneconomic loss 
     shall be determined in accordance with subsection (b).
       ``(b) Amount of Liability.--
       ``(1) In general.--Each defendant who is a teacher, shall 
     be liable only for the amount

[[Page S3619]]

     of noneconomic loss allocated to that defendant in direct 
     proportion to the percentage of responsibility of that 
     defendant (determined in accordance with paragraph (2)) for 
     the harm to the claimant with respect to which that defendant 
     is liable. The court shall render a separate judgment against 
     each defendant in an amount determined pursuant to the 
     preceding sentence.
       ``(2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a teacher under this section, the trier of 
     fact shall determine the percentage of responsibility of that 
     defendant for the claimant's harm.

     ``SEC. 2536. DEFINITIONS.

       ``For purposes of this part:
       ``(1) Economic loss.--The term `economic loss' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       ``(2) Harm.--The term `harm' includes physical, 
     nonphysical, economic, and noneconomic losses.
       ``(3) Noneconomic losses.--The term `noneconomic losses' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation and 
     all other nonpecuniary losses of any kind or nature.
       ``(4) School.--The term `school' means a public or private 
     kindergarten, a public or private elementary school or 
     secondary school (as defined in section 3 of the Elementary 
     and Secondary Education Act of 1965), or a home school.
       ``(5) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, any other territory or possession 
     of the United States, or any political subdivision of any 
     such State, territory, or possession.
       ``(6) Teacher.--The term `teacher' means a teacher, 
     instructor, principal, administrator, or other educational 
     professional, that works in a school.

     ``SEC. 2537. EFFECTIVE DATE.

       ``(a) In General.--This part shall take effect 90 days 
     after the date of enactment of the Teacher Opportunities Act.
       ``(b) Application.--This part applies to any claim for harm 
     caused by an act or omission of a teacher where that claim is 
     filed on or after the effective date of this part, without 
     regard to whether the harm that is the subject of the claim 
     or the conduct that caused the harm occurred before such 
     effective date.''.

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