[Congressional Record Volume 146, Number 100 (Thursday, July 27, 2000)]
[Senate]
[Pages S7881-S7884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 2970. A bill to provide for summer academic enrichment programs, 
and for the purposes; to the Committee on Health, Education, Labor, and 
Pensions.


            the student education enrichment development act

  Mr. WYDEN. Mr. President, approximately 3.4 million students entered 
kindergarten in U.S. public schools last

[[Page S7882]]

fall, and experts predict wildly different futures for them. Many 
children do well throughout elementary school, only to slip and fall 
between the cracks in middle school. This so-called ``achievement gap'' 
opens wide in middle school and grows throughout high school if nothing 
is done to stop it.
  Raising test scores in K-12 education has brought the achievement-gap 
issue to the forefront of the national education debate and created a 
new opportunity to support those states that are making a real effort 
to improve student achievement. But trying to close the gap by simply 
bumping up test standards only pushes kids out of school rather than 
across the gap.
  Few have really looked at the most logical place to begin to close 
the gap: summer school. Students take their achievement tests in April 
but have to return to school in the Fall. Summer school is one place to 
begin helping students close the gap, yet the Federal government does 
nothing to create and support successful summer academic programs.
  The legislation I am introducing today, the Student Education 
Enrichment Development Act, or SEED Act, will leverage summer academic 
programs to boost student performance. SEED will support all struggling 
students by providing the first federal funds to backstop state and 
local efforts to develop, plan, implement, and operate high quality 
summer academic enrichment programs.
  The disparity in school performance tied to race and ethnicity, known 
as the achievement gap, shows up in grades, test scores, course 
selection, and college completion. To a large extent, these factors 
predict a student's success in school, whether a student will go to 
college, and how much money the student will earn when he or she enters 
the working world. It happens in cities and in suburbs and in rural 
school districts. The gaps are so pronounced that in 1996, several 
national tests found African-American and Hispanic 12th graders scoring 
at roughly the same levels in reading and math as white 8th graders. By 
2019, when they are 24 years old, current trends indicate that the 
white children who are now nearing the end of their first year in 
school will be twice as likely as their African-American classmates, 
and three times as likely as Hispanics, to have a college degree.
  In Oregon last year, only 52 percent of the tenth graders met the 
state's standard for reading, while only 36 percent met the standard 
for math. But students in Oregon are actually doing better than the 
national average. More than two-thirds of American high-school seniors 
graduated last year without being able to read at a proficient level. 
Results like these are the reason we need SEED.
  This week's Time Magazine reports that at least 25 percent of our 
U.S. school districts are mandating summer school for struggling 
students--twice that number in poor urban areas. While these programs 
are helping some students, the results should be better. Only 40 
percent of New York students who failed state exams and completed 
summer school passed on the state exam on their second attempt. In the 
Pacific Northwest, Seattle canceled its summer program after students 
made only meager academic gains. I ask unanimous consent that the 
article from Time magazine be included in the record at the conclusion 
of my statement.
  Schools should strive to meet higher standards, and we should have 
high expectations for every child. But our kids should not be punished 
because our education system has failed them. It's time to make sure 
every child learns and succeeds. According to a recent study, more than 
half of our teachers promoted unprepared students because the current 
system does not provide adequate options.
  High-quality summer academic programs would give struggling students 
a chance to succeed in a system that has failed them and help reverse 
the trend of poor student performance by preparing students to succeed 
where they have previously failed. Over the past years, we've heard a 
lot of rhetoric about education, but empty promises won't help our kids 
learn. Our children deserve more.
  I am pleased to be joined by Senators Landrieu, Breaux and Bayh in 
introducing the bill today, and ask unanimous consent that my statement 
and a copy of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2970

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Student Education Enrichment 
     Demonstration Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) States are establishing new and higher academic 
     standards for students in kindergarten through grade 12;
       (2) no Federal funding streams are specifically designed to 
     help States and school districts with the costs of providing 
     students who are struggling academically, with the extended 
     learning time and accelerated curricula that the students 
     need to meet high academic standards;
       (3) forty-eight States now require State accountability 
     tests to determine student grade-level performance and 
     progress;
       (4) nineteen States currently rate the performance of all 
     schools or identify low-performing schools through State 
     accountability tests;
       (5) sixteen States now have the power to close, take over, 
     or overhaul chronically failing schools on the basis of those 
     tests;
       (6) fourteen States provide high-performing schools with 
     monetary rewards on the basis of those tests;
       (7) nineteen States currently require students to pass 
     State accountability tests to graduate from high school;
       (8) six States currently link student promotion to results 
     on State accountability tests;
       (9) excessive percentages of students are not meeting their 
     State standards and are failing to perform at high levels on 
     State accountability tests; and
       (10) while the Chicago Public School District implemented 
     the Summer Bridge Program to help remediate their students in 
     1997, no State has yet created and implemented a similar 
     program to complement the education accountability programs 
     of the State.

     SEC. 3. PURPOSE.

       The purpose of this Act is to provide Federal support 
     through a new demonstration program to States and local 
     educational agencies, to enable the States and agencies to 
     develop models for high quality summer academic enrichment 
     programs that are specifically designed to help public school 
     students who are not meeting State-determined performance 
     standards.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Elementary school; secondary school; local educational 
     agency; state educational agency.--The terms ``elementary 
     school'', ``secondary school'', ``local educational agency'', 
     and ``State educational agency'' have the meanings given the 
     terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (3) Student.--The term ``student'' means an elementary 
     school or secondary school student.

     SEC. 5. GRANTS TO STATES.

       (a) In General.--The Secretary shall establish a 
     demonstration program through which the Secretary shall make 
     grants to State educational agencies, on a competitive basis, 
     to enable the agencies to assist local educational agencies 
     in carrying out high quality summer academic enrichment 
     programs as part of statewide education accountability 
     programs.
       (b) Eligibility and Selection.--
       (1) Eligibility.--For a State educational agency to be 
     eligible to receive a grant under subsection (a), the State 
     served by the State educational agency shall--
       (A) have in effect all standards and assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311); and
       (B) compile and annually distribute to parents a public 
     school report card that, at a minimum, includes information 
     on student and school performance for each of the assessments 
     required under section 1111 of the Elementary and Secondary 
     Education Act of 1965.
       (2) Selection.--In selecting States to receive grants under 
     this section, the Secretary shall make the selections in a 
     manner consistent with the purpose of this Act.
       (c) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State educational agency shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       (2) Contents.--Such application shall include--
       (A) information describing specific measurable goals and 
     objectives to be achieved in the State through the summer 
     academic enrichment programs carried out under this Act, 
     which may include specific measurable annual educational 
     goals and objectives relating to--
       (i) increased student academic achievement;
       (ii) decreased student dropout rates; or
       (iii) such other factors as the State educational agency 
     may choose to measure; and

[[Page S7883]]

       (B) information on criteria, established or adopted by the 
     State, that--
       (i) the State will use to select local educational agencies 
     for participation in the summer academic enrichment programs 
     carried out under this Act; and
       (ii) at a minimum, will assure that grants provided under 
     this Act are provided to--

       (I) the local educational agencies in the State that have 
     the highest percentage of students not meeting basic or 
     minimum required standards for State assessments required 
     under section 1111 of the Elementary and Secondary Education 
     Act of 1965;
       (II) local educational agencies that submit grant 
     applications under section 6 describing programs that the 
     State determines would be both highly successful and 
     replicable; and
       (III) an assortment of local educational agencies serving 
     urban, suburban, and rural areas.

     SEC. 6. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--
       (1) First year.--
       (A) In general.--For the first year that a State 
     educational agency receives a grant under this Act, the State 
     educational agency shall use the funds made available through 
     the grant to make grants to eligible local educational 
     agencies in the State to pay for the Federal share of the 
     cost of carrying out the summer academic enrichment programs, 
     except as provided in subparagraph (B).
       (B) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the funds--
       (i) to provide to the local educational agencies technical 
     assistance that is aligned with the curriculum of the 
     agencies for the programs;
       (ii) to enable the agencies to obtain such technical 
     assistance from entities other than the State educational 
     agency that have demonstrated success in using the 
     curriculum; and
       (iii) to assist the agencies in planning activities to be 
     carried out under this Act.
       (2) Succeeding years.--
       (A) In general.--For the second and third year that a State 
     educational agency receives a grant under this Act, the State 
     educational agency shall use the funds made available through 
     the grant to make grants to eligible local educational 
     agencies in the State to pay for the Federal share of the 
     cost of carrying out the summer academic enrichment programs, 
     except as provided in subparagraph (B).
       (B) Technical assistance and planning assistance.--The 
     State educational agency may use not more than 5 percent of 
     the funds--
       (i) to provide to the local educational agencies technical 
     assistance that is aligned with the curriculum of the 
     agencies for the programs;
       (ii) to enable the agencies to obtain such technical 
     assistance from entities other than the State educational 
     agency that have demonstrated success in using the 
     curriculum; and
       (iii) to assist the agencies in evaluating activities 
     carried out under this Act.
       (b) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing by such information as the 
     Secretary or the State may require.
       (2) Contents.--The State shall require that such an 
     application shall include, to the greatest extent 
     practicable--
       (A) information that--
       (i) demonstrates that the local educational agency will 
     carry out a summer academic enrichment program funded under 
     this section--

       (I) that provides intensive high quality programs that are 
     aligned with challenging State content and student 
     performance standards and that are focused on reinforcing and 
     boosting the core academic skills and knowledge of students 
     who are struggling academically, as determined by the State;
       (II) that focuses on accelerated learning, rather than 
     remediation, so that students served through the program will 
     master the high level skills and knowledge needed to meet the 
     highest State standards or to perform at high levels on all 
     State assessments required under section 1111 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311);
       (III) that is based on, and incorporates best practices 
     developed from, research-based enrichment methods and 
     practices;
       (IV) that has a proposed curriculum that is directly 
     aligned with State content and student performance standards;
       (V) for which only teachers who are certified and licensed, 
     and are otherwise fully qualified teachers, provide academic 
     instruction to students enrolled in the program;
       (VI) that offers to staff in the program professional 
     development and technical assistance that are aligned with 
     the approved curriculum for the program; and
       (VII) that incorporates a parental involvement component 
     that seeks to involve parents in the program's topics and 
     students' daily activities; and

       (ii) may include--

       (I) the proposed curriculum for the summer academic 
     enrichment program;
       (II) the local educational agency's plan for recruiting 
     highly qualified and highly effective teachers to participate 
     in the program; and
       (III) a schedule for the program that indicates that the 
     program is of sufficient duration and intensity to achieve 
     the State's goals and objectives described in section 
     5(c)(2)(A);

       (B) an outline indicating how the local educational agency 
     will utilize other applicable Federal, State, local, or other 
     funds, other than funds made available through the grant, to 
     support the program;
       (C) an explanation of how the local educational agency will 
     ensure that only highly qualified personnel who volunteer to 
     work with the type of student targeted for the program will 
     work with the program and that the instruction provided 
     through the program will be provided by qualified teachers;
       (D) an explanation of the types of intensive training or 
     professional development, aligned with the curriculum of the 
     program, that will be provided for staff of the program;
       (E) an explanation of the facilities to be used for the 
     program;
       (F) an explanation regarding the duration of the periods of 
     time that students and teachers in the program will have 
     contact for instructional purposes (such as the hours per day 
     and days per week of that contact, and the total length of 
     the program);
       (G) an explanation of the proposed student/teacher ratio 
     for the program, analyzed by grade level;
       (H) an explanation of the grade levels that will be served 
     by the program;
       (I) an explanation of the approximate cost per student for 
     the program;
       (J) an explanation of the salary costs for teachers in the 
     program;
       (K) a description of a method for evaluating the 
     effectiveness of the program at the local level;
       (L) information describing specific measurable goals and 
     objectives, for each academic subject in which the program 
     will provide instruction, that are consistent with, or more 
     rigorous than, the adequate yearly progress goals established 
     by the State under section 1111 of the Elementary and 
     Secondary Education Act of 1965;
       (M) a description of how the local educational agency will 
     involve parents and the community in the program in order to 
     raise academic achievement; and
       (N) a description of how the local educational agency will 
     acquire any needed technical assistance that is aligned with 
     the curriculum of the agency for the program, from the State 
     educational agency or other entities with demonstrated 
     success in using the curriculum.
       (c) Priority.--In making grants under this section, the 
     State educational agency shall give priority to applicants 
     who demonstrate a high level of need for the summer academic 
     enrichment programs.
       (d) Federal Share.--
       (1) In general.--The Federal share of the cost described in 
     subsection (a) is 50 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash or in kind, fairly evaluated, 
     including plant, equipment, or services.

     SEC. 7. SUPPLEMENT NOT SUPPLANT.

       Funds appropriated pursuant to the authority of this Act 
     shall be used to supplement and not supplant other Federal, 
     State, and local public or private funds expended to provide 
     academic enrichment programs.

     SEC. 8. REPORTS.

       (a) State Reports.--Each State educational agency that 
     receives a grant under this Act shall annually prepare and 
     submit to the Secretary a report. The report shall describe--
       (1) the method the State educational agency used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this Act;
       (2) the specific measurable goals and objectives described 
     in section 5(c)(2)(A) for the State as a whole and the extent 
     to which the State met each of the goals and objectives in 
     the year preceding the submission of the report;
       (3) the specific measurable goals and objectives described 
     in section 6(b)(2)(L) for each of the local educational 
     agencies receiving a grant under this Act in the State and 
     the extent to which each of the agencies met each of the 
     goals and objectives in that preceding year;
       (4) the steps that the State will take to ensure that any 
     such local educational agency who did not meet the goals and 
     objectives in that year will meet the goals and objectives in 
     the year following the submission of the report or the plan 
     that the State has for revoking the grant of such an agency 
     and redistributing the grant funds to existing or new 
     programs;
       (5) how eligible local educational agencies and schools 
     used funds provided by the State educational agency under 
     this Act; and
       (6) the degree to which progress has been made toward 
     meeting the goals and objectives described in section 
     5(c)(2)(A).
       (b) Report to Congress.--The Secretary shall annually 
     prepare and submit to Congress a report. The report shall 
     describe--
       (1) the methods the State educational agencies used to make 
     grants to eligible local educational agencies and to provide 
     assistance to schools under this Act;
       (2) how eligible local educational agencies and schools 
     used funds provided under this Act; and

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       (3) the degree to which progress has been made toward 
     meeting the goals and objectives described in sections 
     5(c)(2)(A) and 6(b)(2)(L).
       (c) Government Accounting Office Report to Congress.--The 
     Comptroller General of the United States shall conduct a 
     study regarding the demonstration program carried out under 
     this Act and the impact of the program on student 
     achievement. The Comptroller General shall prepare and submit 
     to Congress a report containing the results of the study.

     SEC. 9. ADMINISTRATION.

       The Secretary shall develop program guidelines for and 
     oversee the demonstration program carried out under this Act.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $25,000,000 for each of fiscal years 2001 through 2004.

     SEC. 11. TERMINATION.

       The authority provided by this Act terminates 3 years after 
     the date of enactment of this Act.
                                 ______