[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S369-S372]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 101. A bill to improve teacher quality, and for other purposes; to 
the Committee on Health, Education, Labor, and Pensions.


                      QUALITY TEACHERS FOR ALL ACT

  Mr. BINGAMAN. Mr President, today I am pleased to introduce a package 
of bills related to education for consideration in the context of the 
reauthorization of the Elementary and Secondary Education Act 
(``ESEA''). I believe the issue of accountability for results will be 
at the center of our debate this year so I will introduce and speak 
about that bill separately. Nevertheless, I believe that we need to 
increase our investment in education while increasing our expectations 
for results from our schools. In that context, we should be sure to 
target that investment on problems with national implications and 
strategies and programs that we know work. At this time, I am 
introducing three bills that I believe meet that criteria: The Quality 
Teachers for All Act, The National Dropout Prevention Act and the 
Access to High Standards Act. All of these bills provide support for 
efforts on the local level to raise standards for our schools, our 
teachers and our students.
  Improving teacher quality continues to be one of my top priorities in 
the Senate because research indicates that teacher quality is one of 
the most important factors in student achievement. The Quality Teachers 
for All Act addresses the fact that, although the vast majority of our 
teacher's are dedicated, professional and competent, far too many 
schools in America allow classrooms to be lead by teachers with 
insufficient training and qualifications. Unfortunately, it is the 
schools and classrooms with the neediest children who have the largest 
number of unqualified teachers. While we are demanding increased levels 
of performance for our schools and our children, we must also set high 
standards for all our teachers, including those who instruct student 
who must overcome the greatest barriers to learning.
  The Quality Teachers for All Act requires that all teachers in 
schools that receive Title 1 funds be fully qualified. This means that 
they possess necessary teaching skills and demonstrate mastery in the 
subjects that they teach. It provides that an elementary school teacher 
must have state certification, hold a bachelor's degree and demonstrate 
subject matter knowledge, teaching knowledge and teaching skills 
required to teach effectively in reading, writing, mathematics, social 
studies, science and other elements of a liberal arts education. Middle 
and secondary school teachers must have state certification, hold a 
bachelor's degree, and demonstrate competence in all subject areas that 
they teach. This demonstration of competence may be achieved by a high 
level of performance on a rigorous academic subject area test, 
completion of an academic major (or an equal number of courses). The 
bill ensures that low income students are not disproportionately 
impacted by low teaching standards by requiring that teachers in high 
poverty schools be at least as well-qualified, in terms of experience 
and credentials as the instructional staff in schools served by the 
same local educational agency that are not high poverty schools.
  In order to help states and LEAs meet these requirements, the bill 
will provide grants to assist states and LEAs in providing the 
necessary education or training for individuals who are teaching 
without full qualifications. In addition, recognizing that some 
communities have difficulty attracting qualified teachers, the bill 
allows funds to be used to provide financial incentives (i.e., signing 
bonuses) for fully qualified teachers. In addition, the bill supports 
efforts to recruit new teachers by providing allowing funds to be used 
to develop alternative means of certification for highly qualified 
individuals with college degrees

[[Page S370]]

wishing to teach, including mid-career professionals and former 
military personnel. The bill also authorizes funds to support State 
efforts to increase the portability of teacher's pensions, 
certification and years of experience so that teachers have greater 
mobility and school districts can fill vacant teaching positions with 
teachers who are fully-qualified. The funds may also be used for 
programs of support for new teachers to ensure that they are more 
likely to remain in the nation's teaching force.
  In order to make parents our partners in our efforts to raise 
teaching standards, this bill requires districts and schools to provide 
parents with information about the qualifications of their child's 
teacher. These provisions build on legislation I authored that became 
part of the Higher Education Act of 1998 requiring a national report 
card on teacher training programs. The parental right to know provision 
in the Quality Teachers for All Act will empower parents by informing 
them of the strengths and weaknesses of their children's teachers, 
helping them to support the push for fully-qualified teachers in every 
classroom.
  The National Dropout Prevention Act is a bill designed to reduce the 
dropout rate in our nation's schools through the use and dissemination 
of effective dropout prevention programs. While much progress has been 
made in encouraging all student to complete high school, the nation 
remains far from its goal of a 90 percent graduation rate for students, 
a goal that was to be attained in the year 2000. In fact, none of the 
states with large and diverse populations have yet come close to this 
goal and dropout rates approaching 50 percent between ninth grade and 
the senior year are commonplace in some of the most disadvantaged of 
our nation's communities. This bill is based on many of the findings of 
the National Hispanic Dropout Project, a group of nationally recognized 
experts assembled in 1996-97 to help find ways of reducing the high 
dropout rates among Hispanic and other at-risk students. The group 
pointed out that there are widespread misconceptions about why so many 
student drop out of school and that there is little familiarity with 
proven drop out prevention programs. Most problematic is the fact that 
there is currently no concerted federal effort to provide or coordinate 
effective and proven dropout prevention programs or oversee the 
multitude of programs that include dropout prevention as a component.
  The Act makes lowering the dropout rate a national priority. A 
national clearinghouse on effective school drop out prevention, 
intervention and reentry programs would be created and efforts to 
prevent students from dropping out would be identified and 
disseminated. The bill provides support and recognition for schools 
engaged in effective dropout prevention efforts. In addition, this bill 
provides funds to pay the startup and implementation costs of 
effective, sustainable, coordinated and whole school dropout prevention 
programs. Funds can be used to implement comprehensive school wide 
reforms, create alternative school programs or create smaller learning 
communities. In addition, grant recipients could contract with 
community-based organizations to assist them in implementing necessary 
services.
  The Access to High Standards Act is intended to help foster the 
continued growth of advanced placement programs throughout the nation 
and to help ensure equal access to these programs for low income 
students. Advanced placement programs already provide rigorous 
academics and valuable college credits at half the high schools in the 
United states, serving over 1.5 million students last year. Many states 
that have advanced placement incentive programs have already had 
tremendous success in increasing participation rates, raising 
achievement and increasing the involvement of low-income and under 
served students. Nevertheless, students, especially low-income 
students, continue to be denied or have limited access to this 
important educational resource. Over forty percent of our nation's 
public schools still do not offer any Advanced Placement courses. As 
many of my colleagues know, college costs have risen many times faster 
than inflation over the last decade, making it difficult for many 
students to afford the high costs of obtaining a college education. 
Advanced placement programs address this issue by giving students an 
opportunity to earn college credit in high school by preparing for and 
passing AP exams. In fact, a single AP English test score of 3 or 
better is worth approximately $500 in tuition at the University of New 
Mexico and the credits granted to AP students nationwide are worth 
billions of dollars in savings each year.
  By promoting AP courses, we also address the need to raise academic 
standards. AP courses provide schools with high academic standards and 
standardized achievement measures. Participating in AP courses helps 
student prepare for college as they serve to connect curriculum between 
high school and post secondary institutions. And, because the vast 
majority of AP teachers teach several non-AP courses as well, AP 
programs have the effect of raising school wide standards and 
achievement. Of course, there is no single remedy or federal program 
that can hope to address all of the issues that public education must 
face in order to improve the achievement of our students. However, I 
believe that high college costs and low academic standards deserve our 
close attention and I am confident that expansion of advanced placement 
programs will help states address these issues effectively.
  In order to ensure that our children are well-prepared to meet the 
challenges of an increasingly complex and challenging world, it is 
critical to address improving our nation's school with a comprehensive 
effort. The bills I introduce today are designed to build on the 
progress we have made in the past few years to raise standards and 
increase accountability in America's schools. I ask unanimous consent 
to have the bills printed in the record at the conclusion of my 
remarks. I urge my colleagues to carefully consider supporting passage 
of these bills.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 101

       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 ``Quality Teachers for All 
     Act''.

                        TITLE I--PARENTAL RIGHTS

     SEC. 101. PARENTAL RIGHT TO KNOW.

       Part E of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 14515. TEACHER QUALIFICATIONS.

       ``Any public elementary school or secondary school that 
     receives funds under this Act shall provide to the parents of 
     each student enrolled in the school information regarding--
       ``(1) the professional qualifications of each of the 
     student's teachers, both generally and with respect to the 
     subject area in which the teacher provides instruction; and
       ``(2) the minimum professional qualifications required by 
     the State for teacher certification or licensure.''.

                       TITLE II--TEACHER QUALITY

     SEC. 201. TEACHER QUALITY.

       (a) In General.--Section 1111 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311) is amended--
       (1) by redesignating subsections (c) through (g) as 
     subsections (f) through (j), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Teacher Quality.--
       ``(1) State standards and policies.--Each State plan shall 
     contain assurances, with respect to schools served under this 
     part, that--
       ``(A) no student in those schools in the State will be 
     taught for more than 1 year by an elementary school teacher, 
     or for more than 2 consecutive years in the same subject by a 
     secondary school teacher, who has not demonstrated the 
     subject matter knowledge, teaching knowledge, and teaching 
     skill necessary to teach effectively in the subject in which 
     the teacher provides instruction;
       ``(B) the State provides incentives for teachers in those 
     schools to pursue and achieve advanced teaching and subject 
     area content standards;
       ``(C) the State has in place effective mechanisms to ensure 
     that local educational agencies and schools served under this 
     part are able--
       ``(i) to recruit effectively fully qualified teachers;
       ``(ii) to reward financially those teachers and principals 
     whose students have made significant progress toward high 
     academic performance, such as through performance-based 
     compensation systems and access to ongoing professional 
     development opportunities for teachers and administrators; 
     and
       ``(iii) to remove expeditiously incompetent or unqualified 
     teachers consistent with procedures to ensure due process for 
     teachers;

[[Page S371]]

       ``(D) the State aggressively helps those schools, 
     particularly in high need areas, recruit and retain fully 
     qualified teachers;
       ``(E) during the period that begins on the date of 
     enactment of the Quality Teachers for All Act and ends 4 
     years after such date, elementary school and secondary school 
     teachers in those schools will be at least as well qualified, 
     in terms of experience and credentials, as the instructional 
     staff in schools served by the same local educational agency 
     that are not schools served under this part; and
       ``(F) any teacher who meets the standards set by the 
     National Board for Professional Teaching Standards will be 
     considered fully qualified to teach in those schools in any 
     school district or community in the State.
       ``(2) Qualifications of certain instructional staff.--
       ``(A) In general.--Each State plan shall contain assurances 
     that, not later than 4 years after the date of enactment of 
     the Quality Teachers for All Act--
       ``(i) all instructional staff who provide services to 
     students under section 1114 or 1115 will have demonstrated 
     the subject matter knowledge, teaching knowledge, and 
     teaching skill necessary to teach effectively in the subject 
     in which the staff provides instruction, according to the 
     criteria described in this paragraph; and
       ``(ii) funds provided under this part will not be used to 
     support instructional staff--

       ``(I) who provide services to students under section 1114 
     or 1115; and
       ``(II) for whom State qualification or licensing 
     requirements have been waived or who are teaching under an 
     emergency or other provisional credential.

       ``(B) Elementary school instructional staff.--For purposes 
     of making the demonstration described in subparagraph (A)(i), 
     each member of the instructional staff who teaches elementary 
     school students shall, at a minimum--
       ``(i) have State certification (which may include 
     certification obtained through alternative means) or a State 
     license to teach; and
       ``(ii) hold a bachelor's degree and demonstrate subject 
     matter knowledge, teaching knowledge, and teaching skill 
     required to teach effectively in reading, writing, 
     mathematics, social studies, science, and other elements of a 
     liberal arts education.
       ``(C) Middle school and secondary school instructional 
     staff.--For purposes of making the demonstration described in 
     subparagraph (A)(i), each member of the instructional staff 
     who teaches in middle schools and secondary schools shall, at 
     a minimum--
       ``(i) have State certification (which may include 
     certification obtained through alternative means) or a State 
     license to teach; and
       ``(ii) hold a bachelor's degree or higher degree and 
     demonstrate a high level of competence in all subject areas 
     in which the staff member teaches through--

       ``(I) achievement of a high level of performance on 
     rigorous academic subject area tests;
       ``(II) completion of an academic major (or courses totaling 
     an equivalent number of credit hours) in each of the subject 
     areas in which the staff member provides instruction; or
       ``(III) achievement of a high level of performance in 
     relevant subject areas through other professional employment 
     experience.

       ``(D) Teacher aides and other paraprofessionals.--For 
     purposes of subparagraph (A) funds provided under this part 
     may be used to employ teacher aides or other 
     paraprofessionals who do not meet the requirements under 
     subparagraphs (B) and (C) only if such aides or 
     paraprofessionals--
       ``(i) provide instruction only when under the direct and 
     immediate supervision, and in the immediate presence, of 
     instructional staff who meet the criteria of this paragraph; 
     and
       ``(ii) possess particular skills necessary to assist 
     instructional staff in providing services to students served 
     under this Act.
       ``(E) Use of funds.--Each State plan shall contain 
     assurances that, beginning on the date of enactment of the 
     Quality Teachers for All Act, no school served under this 
     part will use funds received under this Act to hire 
     instructional staff who do not fully meet all the criteria 
     for instructional staff described in this paragraph.
       ``(F) Definition.--In this paragraph, the term 
     `instructional staff' includes any individual who has 
     responsibility for providing any student or group of students 
     with instruction in any of the core academic subject areas, 
     including reading, writing, language arts, mathematics, 
     science, and social studies.
       ``(d) Assistance by State Educational Agency.--Each State 
     plan shall describe how the State educational agency will 
     help each local educational agency and school in the State 
     develop the capacity to comply with the requirements of this 
     section.
       ``(e) Corrective Action.--The appropriate State educational 
     agency shall take corrective action consistent with section 
     1116(c)(5)(B)(i), against any local educational agency that 
     does not make sufficient effort to comply with subsection 
     (c). Such corrective action shall be taken regardless of the 
     conditions set forth in section 1116(c)(5)(B)(ii). In a case 
     in which the State fails to take the corrective action, the 
     Secretary shall withhold funds from such State up to an 
     amount equal to that reserved under sections 1003(a) and 
     1603(c).''.
       (b) Instructional Aides.--Section 1119 of Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6320) is amended 
     by striking subsection (i).

     SEC. 202. FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.

       Title I of the Elementary and Secondary Education Act of 
     1965 is amended by inserting after section 1119 (20 U.S.C. 
     6320) the following new sections:

     ``SEC. 1119A. A FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.

       ``(a) Grants.--
       ``(1) In general.--The Secretary may make grants, on a 
     competitive basis, to States or local educational agencies, 
     to assist schools that receive assistance under this part 
     by carrying out the activities described in paragraph (3).
       ``(2) Application.--To be eligible to receive a grant under 
     paragraph (1), a State or local educational agency shall 
     submit an application to the Secretary at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(3) Uses of funds.--
       ``(A) States.--In order to meet the goal under section 
     1111(c)(2) of ensuring that all instructional staff in 
     schools served under this part have the subject matter 
     knowledge, teaching knowledge, and teaching skill necessary 
     to teach effectively in the subject in which the staff 
     provides instruction, a State may use funds received under 
     this section--
       ``(i) to collaborate with programs that recruit, place, and 
     train fully qualified teachers;
       ``(ii) to provide the necessary education and training, 
     including establishing continuing education programs and 
     paying the costs of tuition at an institution of higher 
     education and other student fees (for programs that meet the 
     criteria under section 203(b)(2)(A)(i) of the Higher 
     Education Act of 1965 (20 U.S.C. 1023(b)(2)(A)(i))), to help 
     teachers or other school personnel who do not meet the 
     necessary qualifications and licensing requirements to meet 
     the requirements, except that in order to qualify for a 
     payment of tuition or fees under this clause an individual 
     shall agree to teach for each of at least 2 subsequent 
     academic years after receiving such degree in a school that--

       ``(I) is located in a school district served by a local 
     educational agency that is eligible in that academic year for 
     assistance under this title; and
       ``(II) for that academic year, has been determined by the 
     Secretary to be a school in which the enrollment of children 
     counted under section 1124(c) exceeds 50 percent of the total 
     enrollment of that school;

       ``(iii) to establish, expand, or improve alternative means 
     of State certification of teachers for highly qualified 
     individuals with a minimum of a baccalaureate degree, 
     including mid-career professionals from other occupations, 
     paraprofessionals, former military personnel, and recent 
     graduates of an institution of higher education with records 
     of academic distinction who demonstrate the potential to 
     become highly effective teachers;
       ``(iv) for projects to increase the portability of teacher 
     pensions or credited years of experience or to promote 
     reciprocity of teacher certification or licensure between or 
     among States, except that no reciprocity agreement developed 
     under this clause or developed using funds provided under 
     this part may lead to the weakening of any State teaching 
     certification or licensing requirement; or
       ``(v) to establish, expand, or improve induction programs 
     designed to support new teachers and promote retention of new 
     teachers in schools served under this part.
       ``(B) Local educational agencies.--In order to meet the 
     goal described in subparagraph (A), a local educational 
     agency may use funds received under this section--
       ``(i) to recruit fully qualified teachers, including 
     through the use of signing bonuses or other financial 
     incentives; and
       ``(ii) to carry out the activities described in clauses 
     (i), (ii), and (v) of subparagraph (A).
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $500,000,000 for fiscal year 2002 and such sums as may be 
     necessary for each subsequent fiscal year.
       ``(b) Other Assistance.--Notwithstanding any other 
     provision of law, in order to meet the goal described in 
     subsection (a)(3)(A)--
       ``(1) a State receiving assistance under title II, title 
     VI, title II of the Higher Education Act of 1965 (20 U.S.C. 
     1021 et seq.), or the Goals 2000: Educate America Act (20 
     U.S.C. 5801 et seq.) may use such assistance for the 
     activities described in subsection (a)(3)(A); and
       ``(2) a local educational agency receiving assistance under 
     an authority described in paragraph (1) may use such 
     assistance for the activities described in subsection 
     (a)(3)(B).

     ``SEC. 1119B. CERTIFICATION GRANTS.

       ``(a) Grants.--The Secretary may make grants to State 
     educational agencies, local educational agencies, or schools 
     that receive assistance under this part to pay for the 
     Federal share of the cost of providing financial assistance 
     to teachers in such schools who obtain certification from the 
     National Board of Professional Teaching Standards.
       ``(b) Application.--To be eligible to receive a grant under 
     this section an agency or school shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require.

[[Page S372]]

       ``(c) Eligible Teachers.--To be eligible to receive 
     financial assistance under subsection (a), a teacher shall 
     obtain the certification described in subsection (a).
       ``(d) Federal Share.--The Federal share of the cost 
     described in subsection (a) shall be 50 percent.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2002 and such sums as may be 
     necessary for each subsequent fiscal year.''.

     SEC. 203. LIMITATION.

       Part E of title XIV of the Elementary and Secondary 
     Education Act of 1965, as amended in section 101, is further 
     amended by adding at the end the following:

     ``SEC. 14516. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT 
                   SERVICES.

       ``None of the funds provided under this Act may be used for 
     any professional development services for a teacher that are 
     not directly related to the curriculum and subjects in which 
     the teacher provides or will provide instruction.''.
                                 ______