[Congressional Record Volume 147, Number 9 (Wednesday, January 24, 2001)]
[Senate]
[Pages S537-S540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FRIST (for himself, Mr. Allard, Mr. Brownback, Ms. 
        Collins, Mr. Craig, Mr. Domenici, Mr. Hagel, Mr. Helms, Mrs. 
        Hutchison, Mr. Hutchinson, Mr. Kyl, Mr. Lott, and Mr. 
        Sessions):
  S. 167. A bill to allow a State to combine certain funds to improve 
the academic achievement of all its students; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. FRIST. Mr. President, I rise today to introduce the Academic 
Achievement for All Act. I am honored to introduce this legislation.
  We begin this 107th Congress with the great opportunity to 
dramatically shape and change the federal government's role in 
education. Never before have the American people been so focused on the 
education system. With that focus comes great expectations. As a 
Congress, we must seize this opportunity and work together to 
creatively improve how the federal government addresses education 
within our country.
  We must continue the push to cut red tape and remove overly-
prescriptive federal mandates on federal education funding. At the same 
time, we must hold states and local schools accountable for increasing 
student achievement. Flexibility combined with accountability, must be 
our objective. The end result of our reform effort must spark 
innovation--innovation designed to provide all students a world-class 
education.
  As the chairman of the Senate Budget Committee Task Force on 
Education, I heard from almost every witness, both Democrats and 
Republicans alike, how the sprawling, duplicative and unfocused 
behemoth that is the current federal education establishment ties the 
hands of state and local school administrators, teachers and principals 
with its burdensome regulations and rigidity. As a result, the very 
first recommendation of the Education Task Force Interim Report was to 
consolidate federal education programs.
  The number one recommendation read as follows:

       In light of the continuing proliferation of federal 
     categorical programs, the Task Force recommends that federal 
     education programs be consolidated . . . The Task Force 
     particularly favors providing states flexibility to 
     consolidate all federal funds into an integrated state 
     strategic plan to achieve national educational objectives for 
     which the state would be held accountable.

  In hopes of improving federal regulation of education as we currently 
know it, Senators Gorton, Gregg, Hutchinson, Sessions and I worked last 
year to create this bill. We decided to combine all of our good ideas 
into Straight A's. Straight A's permits states to have the option of 
submitting a performance agreement, setting specific and measurable 
performance goals that could be reached at the end of five years, in 
exchange for flexibility.
  Straight A's is an optional program. States would still be free to 
administer federal education programs under the current system if they 
so desired. If states choose to participate in the program, they would 
be allowed to combine Federal K-12 funds in exchange for flexibility 
upon approval of their performance agreement. States can focus more 
funds on disadvantaged students, teacher professional development, 
reducing class size, technology, or improved school facilities. At the 
end of five years, however, the state's efforts must increase the 
achievement of all students, including the lowest performing students.
  If states do not substantially meet those goals, they would lose 
their Straight A's status, and they would have to return to the less 
flexible regulated approach available under current law. If states do 
well and significantly reduce achievement gaps between high and low 
performing students, they will be rewarded with additional funds. 
Additionally, school districts would not lose any Title I funding. If 
Title I is included by a state, each school district in the state would 
be assured of receiving at least as much money as they received in the 
preceding fiscal year.
  States and local school districts are innovative. Without question, 
it is states and localities that today are serving as the engines for 
change in education. The groundwork for success is already in place at 
the local level--teachers, parents, principals, and communities 
demonstrate on a daily basis the enthusiasm and desire to succeed. 
However, flexibility at the state and local level is critical to the 
success of our schools.
  Although the federal government is prepared to assist in improving 
America's schools, it is worth remembering the limitations of the 
federal role in education. The federal government provides just 7 
percent of education funding. But despite its limitations, the federal 
government does have a role to play in revitalizing education. The 
federal government can provide the focus and leadership to identify 
those problems worthy of the collective energy of all Americans, and it 
can commit resources to the states to supplement their efforts.
  But along with the resources, the federal government must also give 
states and localities the freedom to pursue their own strategies for 
implementation. With respect to education, tactics and implementation 
procedures are virtually dictated by the federal government. The 
rationale for expanding an already overly large and burdensome federal 
education establishment is simply not discernible. Instead, the states 
should have the flexibility to put together state strategic plans. 
Under such a plan, the states would establish concrete educational 
goals and timetables for achievement. In return, they would be allowed 
to pool federal funds from categorical programs and spend these 
consolidated resources on state established priorities.
  But, along with flexibility comes accountability. When we give states 
and local education agencies the freedom to use funds in the way that 
best meets the needs of their students, we must expect from them 
increased student performance. For too long accountability has been 
measured by quantitative measures rather than qualitative ones. We know 
that we are spending $8 billion on Title I--the nation's largest 
federal education program--to help disadvantaged children. But we do 
not know if all that money is helping those students to learn. This 
must change.
  Our current system simply requires that you send the money to poor 
schools. I believe that there is no better catalyst for reform, no 
better way to ensure that poor children receive the same quality of 
education as their wealthier counterparts--than requiring that states 
demonstrate that their poor children are achieving.
  The flexibility is needed to allow states to use whatever means 
necessary to increase poor students' achievement. Unfortunately, after 
34 years and $120 billion spent on Title I, 70 percent of children in 
high poverty schools score below even the most basic level of reading. 
In math, 4th graders in high poverty schools remain 2 grade levels 
behind their peers in low poverty schools. In reading, they remain 3 to 
4 grade levels behind.
  As a scientist, I know the value of looking for new way to solve 
problems, and America has long had a proud tradition of innovation. 
This bill will create a whole new generation of inventors in the field 
of education--in particular, Governors, local school boards, teachers, 
and parents will be better able to put good ideas into practice.
  I strongly urge passage of this important piece of legislation.
  Mr. President, I ask unanimous consent that the text 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. 167

       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 ``Academic Achievement for All 
     Act'' or ``Straight A's Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to create options for States and 
     communities--
       (1) to improve the academic achievement of all students, 
     and to focus the resources of the Federal Government upon 
     such achievement;
       (2) to improve teacher quality and subject matter mastery, 
     especially in mathematics, reading, and science;
       (3) to empower parents and schools to effectively address 
     the needs of their children and students;
       (4) to give States and communities maximum freedom in 
     determining how to boost

[[Page S538]]

     academic achievement and implement education reforms;
       (5) to eliminate Federal barriers to implementing effective 
     State and local education programs;
       (6) to hold States and communities accountable for boosting 
     the academic achievement of all students, especially 
     disadvantaged children; and
       (7) to narrow achievement gaps between the lowest and 
     highest performing groups of students so that no child is 
     left behind.

     SEC. 3. PERFORMANCE AGREEMENT.

       (a) Program Authorized.--States may, at their option, 
     execute a performance agreement with the Secretary under 
     which the provisions of law described in section 4(a) shall 
     not apply to such State except as otherwise provided in this 
     Act. The Secretary shall execute performance agreements with 
     States that submit approvable performance agreements under 
     this section.
       (b) Local Input.--States shall provide parents, teachers, 
     and local schools and school districts notice and opportunity 
     to comment on any proposed performance agreement prior to 
     submission to the Secretary as provided under general State 
     law notice and comment provisions.
       (c) Approval of Performance Agreement.--A performance 
     agreement submitted to the Secretary under this section shall 
     be considered as approved by the Secretary within 60 days 
     after receipt of the performance agreement unless the 
     Secretary, before the expiration of the 60-day period, 
     provides a written determination to the State that the 
     performance agreement fails to satisfy the requirements of 
     this Act.
       (d) Terms of Performance Agreement.--Each performance 
     agreement executed pursuant to this Act shall comply with the 
     following provisions:
       (1) Term.--The performance agreement shall contain a 
     statement that the term of the performance agreement shall be 
     5 years.
       (2) Application of program requirements.--The performance 
     agreement shall contain a statement that no program 
     requirements of any program included by the State in the 
     performance agreement shall apply, except as otherwise 
     provided in this Act.
       (3) List of programs.--The performance agreement shall 
     provide a list of the programs that the State wishes to 
     include in the performance agreement.
       (4) Use of funds to improve student achievement.-- The 
     performance agreement shall contain a 5-year plan describing 
     how the State intends to combine and use the funds from 
     programs included in the performance agreement to advance the 
     education priorities of the State, improve student 
     achievement, and narrow achievement gaps between students.
       (5) Accountability system requirements.--If the State 
     includes any of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) in the State's 
     performance agreement, the performance agreement shall 
     include a certification that the State has--
       (A)(i) developed and implemented the challenging State 
     content standards, challenging State student performance 
     standards, and aligned assessments described in section 
     1111(b) of such Act (20 U.S.C. 6311(b)); or
       (ii) developed and implemented a system to measure the 
     degree of change from one school year to the next in student 
     performance;
       (B) developed and is implementing a statewide 
     accountability system that has been or is reasonably expected 
     to be effective in substantially increasing the numbers and 
     percentages of all students who meet the State's proficient 
     and advanced levels of performance;
       (C) established a system under which assessment information 
     may be disaggregated within each State, local educational 
     agency, and school by each major racial and ethnic group, 
     gender, English proficiency status, migrant status, and by 
     economically disadvantaged students as compared to students 
     who are not economically disadvantaged (except that such 
     disaggregation shall not be required in cases in which the 
     number of students in any such group is insufficient to yield 
     statistically reliable information or will reveal the 
     identity of an individual student);
       (D) established specific, measurable, numerical performance 
     objectives for student achievement, including a definition of 
     performance considered to be proficient by the State on the 
     academic assessment instruments described in subparagraph 
     (A); and
       (E) developed and implemented a statewide system for 
     holding its local educational agencies and schools 
     accountable for student performance that includes--
       (i) a procedure for identifying local educational agencies 
     and schools for improvement, using the assessments described 
     in subparagraph (A);
       (ii) assisting and building capacity in local educational 
     agencies and schools identified for improvement to improve 
     teaching and learning; and
       (iii) implementing corrective actions after not more than 3 
     years if the assistance and capacity building under clause 
     (ii) is not effective.
       (6) Performance goals.--
       (A) Student academic achievement.--Each State that includes 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311 et seq.) in its performance 
     agreement shall establish annual student performance goals 
     for the 5-year term of the performance agreement that, at a 
     minimum--
       (i) establish a single high standard of performance for all 
     students;
       (ii) take into account the progress of students from every 
     local educational agency and school in the State;
       (iii) are based primarily upon the State's challenging 
     content and student performance standards and assessments 
     described in paragraph (5);
       (iv) include specific annual improvement goals in each 
     subject and grade included in the State assessment system, 
     which shall include, at a minimum, reading or language arts 
     and mathematics;
       (v) compare the proportions of students at levels of 
     performance (as defined by the State) with the proportions of 
     students at the levels in the same grade in the previous 
     school year;
       (vi) include annual numerical goals for improving the 
     performance of each group specified in paragraph (5)(C) and 
     narrowing gaps in performance between the highest and lowest 
     performing students in accordance with section 10(b); and
       (vii) require all students in the State to make substantial 
     gains in achievement.
       (B) Additional indicators of performance.--A State may 
     identify in the performance agreement any additional 
     indicators of performance such as graduation, dropout, or 
     attendance rates.
       (C) Consistency of performance measures.--A State shall 
     maintain, at a minimum, the same level of challenging State 
     student performance standards and assessments throughout the 
     term of the performance agreement.
       (7) Fiscal responsibilities.--The performance agreement 
     shall contain an assurance that the State will use fiscal 
     control and fund accounting procedures that will ensure 
     proper disbursement of, and accounting for, Federal funds 
     paid to the State under this Act.
       (8) Civil rights.--The performance agreement shall contain 
     an assurance that the State will meet the requirements of 
     applicable Federal civil rights laws.
       (9) Private school participation.--The performance 
     agreement shall contain assurances--
       (A) that the State will provide for the equitable 
     participation of students and professional staff in private 
     schools; and
       (B) that sections 10104, 10105, and 10106 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8004-8006) 
     shall apply to all services and assistance provided under 
     this Act in the same manner as such sections apply to 
     services and assistance provided in accordance with section 
     10103 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8003).
       (10) State financial participation.--The performance 
     agreement shall contain an assurance that the State will not 
     reduce the level of spending of State funds for elementary 
     and secondary education during the term of the performance 
     agreement.
       (11) Annual reports.--The performance agreement shall 
     contain an assurance that not later than 1 year after the 
     execution of the performance agreement, and annually 
     thereafter, each State shall disseminate widely to parents 
     and the general public, submit to the Secretary, distribute 
     to print and broadcast media, and post on the Internet, a 
     report that includes--
       (A) student academic performance data, disaggregated as 
     provided in paragraph (5)(C); and
       (B) a detailed description of how the State has used 
     Federal funds to improve student academic performance and 
     reduce achievement gaps to meet the terms of the performance 
     agreement.
       (e) Special Rules.--If a State does not include part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) in its performance agreement, the 
     State shall--
       (1) certify that the State developed a system to measure 
     the academic performance of all students; and
       (2) establish challenging academic performance goals for 
     such other programs in accordance with paragraph (6)(A) of 
     subsection (d), except that clause (vi) of such paragraph 
     shall not apply to such performance agreement.
       (f) Amendment to Performance Agreement.--A State may submit 
     an amendment to the performance agreement to the Secretary 
     under the following circumstances:
       (1) Reduction in scope of performance agreement.--Not later 
     than 1 year after the execution of the performance agreement, 
     a State may amend the performance agreement through a request 
     to withdraw a program from such agreement. If the Secretary 
     approves the amendment, the requirements of existing law 
     shall apply for any program withdrawn from the performance 
     agreement.
       (2) Expansion of scope of performance agreement.--Not later 
     than 1 year after the execution of the performance agreement, 
     a State may amend its performance agreement to include 
     additional programs and performance indicators for which the 
     State will be held accountable.
       (3) Approval of amendment.--An amendment submitted to the 
     Secretary under this subsection shall be considered as 
     approved by the Secretary within 60 days after receipt of the 
     amendment unless the Secretary provides, before the 
     expiration of the 60-day period, a written determination to 
     the State that the performance agreement, if amended

[[Page S539]]

     by the amendment, will fail to satisfy the requirements of 
     this Act.

     SEC. 4. ELIGIBLE PROGRAMS.

       (a) Eligible Programs.--The provisions of law referred to 
     in section 3(a) except as otherwise provided in subsection 
     (b), are as follows:
       (1) Part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.).
       (2) Part B of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6361 et seq.).
       (3) Part C of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6391 et seq.).
       (4) Part D of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6421 et seq.).
       (5) Section 1502 of part E of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6492).
       (6) Part B of title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6641 et seq.).
       (7) Section 3132 of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6842).
       (8) Title IV of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7101 et seq.)
       (9) Title VI of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7301 et seq.).
       (10) Part C of title VII of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7541 et seq.).
       (11) Section 307 of the Department of Education 
     Appropriations Act of 1999.
       (12) Titles II, III, and IV of the School-to-Work 
     Opportunities Act.
       (13) Title III of the Goals 2000: Educate America Act (20 
     U.S.C. 5881 et seq.).
       (14) Sections 115 and 116, and parts B and C of title I of 
     the Carl D. Perkins Vocational and Technical Education Act of 
     1998.
       (15) Subtitle B of title VII of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11431 et seq.).
       (16) Section 321 of the Department of Education 
     Appropriations Act, 2001.
       (b) Allocations to States.--A State may choose to 
     consolidate funds from any or all of the programs described 
     in subsection (a) without regard to the program requirements 
     of the provisions referred to in such subsection, except that 
     the proportion of funds made available for national programs 
     and allocations to each State for State and local use, under 
     such provisions, shall remain in effect unless otherwise 
     provided.
       (c) Use of Funds.--Funds made available under this Act to a 
     State shall be used for any elementary and secondary 
     educational purposes permitted by State law of the 
     participating State.

     SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS.

       (a) In General.--The distribution of funds from programs 
     included in a performance agreement from a State to a local 
     educational agency within the State shall be determined by 
     the Governor of the State and the State legislature. In a 
     State in which the constitution or State law designates 
     another individual, entity, or agency to be responsible for 
     education, the allocation of funds from programs included in 
     the performance agreement from a State to a local educational 
     agency within the State shall be determined by that 
     individual, entity, or agency, in consultation with the 
     Governor and State Legislature. Nothing in this section shall 
     be construed to supersede or modify any provision of a State 
     constitution or State law.
       (b) Local Input.--States shall provide parents, teachers, 
     and local schools and school districts notice and opportunity 
     to comment on the proposed allocation of funds as provided 
     under general State law notice and comment provisions.
       (c) Local Hold Harmless of Part A Title I Funds.--
       (1) In general.--In the case of a State that includes part 
     A of title I of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6311 et seq.) in the performance agreement, 
     the agreement shall provide an assurance that each local 
     educational agency shall receive under the performance 
     agreement an amount equal to or greater than the amount such 
     agency received under part A of title I of such Act in the 
     fiscal year preceding the fiscal year in which the 
     performance agreement is executed.
       (2) Proportionate reduction.--If the amount made available 
     to the State from the Secretary for a fiscal year is 
     insufficient to pay to each local educational agency the 
     amount made available under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) to such agency for the preceding fiscal year, 
     the State shall reduce the amount each local educational 
     agency receives by a uniform percentage.

     SEC. 6. LOCAL PARTICIPATION.

       (a) Nonparticipating State.--
       (1) In general.--If a State chooses not to submit a 
     performance agreement under this Act, any local educational 
     agency in such State is eligible, at the local educational 
     agency's option, to submit to the Secretary a performance 
     agreement in accordance with this section.
       (2) Agreement.--The terms of a performance agreement 
     between an eligible local educational agency and the 
     Secretary shall specify the programs to be included in the 
     performance agreement, as agreed upon by the State and the 
     agency, from the list under section 4(a).
       (b) State Approval.--When submitting a performance 
     agreement to the Secretary, an eligible local educational 
     agency described in subsection (a) shall provide written 
     documentation from the State in which such agency is located 
     that the State has no objection to the agency's proposal for 
     a performance agreement.
       (c) Application.--
       (1) In general.--Except as provided in this section, and to 
     the extent applicable, the requirements of this Act shall 
     apply to an eligible local educational agency that submits a 
     performance agreement in the same manner as the requirements 
     apply to a State.
       (2) Exceptions.--The following provisions shall not apply 
     to an eligible local educational agency:
       (A) Within state distribution formula not applicable.--The 
     distribution of funds under section 5 shall not apply.
       (B) State set aside not applicable.--The State set aside 
     for administrative funds under section 7 shall not apply.

     SEC. 7. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL AGENCY 
                   ADMINISTRATIVE EXPENDITURES.

       (a) In General.--Except as otherwise provided under 
     subsection (b), a State that includes part A of title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.) in the performance agreement may use not more 
     than 1 percent of such total amount of funds allocated to 
     such State under the programs included in the performance 
     agreement for administrative purposes.
       (b) Exception.--A State that does not include part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6311 et seq.) in the performance agreement may use 
     not more than 3 percent of the total amount of funds 
     allocated to such State under the programs included in the 
     performance agreement for administrative purposes.
       (c) Local Educational Agency.--A local educational agency 
     participating in this Act under a performance agreement under 
     section 6 may not use for administrative purposes more than 4 
     percent of the total amount of funds allocated to such agency 
     under the programs included in the performance agreement.

     SEC. 8. PERFORMANCE REVIEW AND PENALTIES.

       (a) Mid-Term Performance Review.--If, during the 5-year 
     term of the performance agreement, student achievement 
     significantly declines for 3 consecutive years in the 
     academic performance categories established in the 
     performance agreement, the Secretary may, after notice and 
     opportunity for a hearing, terminate the agreement.
       (b) Failure To Meet Terms.--If, at the end of the 5-year 
     term of the performance agreement, a State has not 
     substantially met the performance goals submitted in the 
     performance agreement, the Secretary shall, after notice and 
     an opportunity for a hearing, terminate the performance 
     agreement and the State shall be required to comply with the 
     program requirements, in effect at the time of termination, 
     for each program included in the performance agreement.
       (c) Penalty For Failure To Improve Student Performance.--If 
     a State has made no progress toward achieving its performance 
     goals by the end of the term of the agreement, the Secretary 
     may reduce funds for State administrative costs for each 
     program included in the performance agreement by up to 50 
     percent for each year of the 2-year period following the end 
     of the term of the performance agreement.

     SEC. 9. RENEWAL OF PERFORMANCE AGREEMENT.

       (a) Notification.--A State that wishes to renew its 
     performance agreement shall notify the Secretary of its 
     renewal request not less than 6 months prior to the end of 
     the term of the performance agreement.
       (b) Renewal Requirements.--A State that has met or has 
     substantially met its performance goals submitted in the 
     performance agreement at the end of the 5-year term may apply 
     to the Secretary to renew its performance agreement for an 
     additional 5-year period. Upon the completion of the 5-year 
     term of the performance agreement or as soon thereafter as 
     the State submits data required under the agreement, the 
     Secretary shall renew, for an additional 5-year term, the 
     performance agreement of any State that has met or has 
     substantially met its performance goals.

     SEC. 10. ACHIEVEMENT GAP REDUCTION REWARDS.

       (a) Closing the Gap Reward Fund.--
       (1) In general.--To reward States that make significant 
     progress in eliminating achievement gaps by raising the 
     achievement levels of the lowest performing students, the 
     Secretary shall set aside sufficient funds from the Fund for 
     the Improvement of Education under part A of title X of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8001 et seq.) to grant a reward to States that meet the 
     conditions set forth in subsection (b) by the end of their 5-
     year performance agreement.
       (2) Reward amount.--The amount of the reward referred to in 
     paragraph (1) shall be not less than 5 percent of funds 
     allocated to the State during the first year of the 
     performance agreement for programs included in the agreement.
       (b) Conditions of Performance Reward.--Subject to paragraph 
     (3), a State is eligible to receive a reward under this 
     section as follows:
       (1) A State is eligible for such an award if the State 
     reduces by not less than 25 percent,

[[Page S540]]

     over the 5-year term of the performance agreement, the 
     difference between the percentage of highest and lowest 
     performing groups of students described in section 3(d)(5)(C) 
     that meet the State's proficient level of performance.
       (2) A State is eligible for such an award if a State 
     increases the proportion of 2 or more groups of students 
     under section 3(d)(5)(C) that meet State proficiency 
     standards by 25 percent.
       (3) A State shall receive such an award if the following 
     requirements are met:
       (A) Content areas.--The reduction in the achievement gap or 
     improvement in achievement shall include not less than 2 
     content areas, 1 of which shall be mathematics or reading.
       (B) Grades tested.--The reduction in the achievement gap or 
     improvement in achievement shall occur in at least 2 grade 
     levels.
       (c) Rule of Construction.--Student achievement gaps shall 
     not be considered to have been reduced in circumstances where 
     the average academic performance of the highest performing 
     quintile of students has decreased.

     SEC. 11. STRAIGHT A'S PERFORMANCE REPORT.

       The Secretary shall make the annual State reports described 
     in section 3(d)(11) available to the Committee on Education 
     and the Workforce of the House of Representatives and the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate not later than 60 days after the Secretary receives 
     the report.

     SEC. 12. APPLICABILITY OF TITLE X.

       To the extent that provisions of title X of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) 
     are inconsistent with this Act, this Act shall be construed 
     as superseding such provisions.

     SEC. 13. APPLICABILITY OF GENERAL EDUCATION PROVISIONS ACT.

       To the extent that the provisions of the General Education 
     Provisions Act (20 U.S.C. 1221 et seq.) are inconsistent with 
     this Act, this Act shall be construed as superseding such 
     provisions, except where relating to civil rights, 
     withholding of funds and enforcement authority, and family 
     educational and privacy rights.

     SEC. 14. APPLICABILITY TO HOME SCHOOLS.

       Nothing in this Act shall be construed to affect home 
     schools regardless of whether a home school is treated as a 
     private school or home school under State law.

     SEC. 15. GENERAL PROVISIONS REGARDING NON-RECIPIENT, NON-
                   PUBLIC SCHOOLS.

       Nothing in this Act shall be construed to permit, allow, 
     encourage, or authorize any Federal control over any aspect 
     of any private, religious, or home school, regardless of 
     whether a home school is treated as a private school or home 
     school under State law.

     SEC. 16. DEFINITIONS.

       In this Act:
       (1) All students.--The term ``all students'' means all 
     students attending public schools or charter schools that are 
     participating in the State's accountability and assessment 
     system.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the same meaning given such term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (4) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, and American Samoa.

     SEC. 17 EFFECTIVE DATE.

       This Act shall take effect with respect to funds 
     appropriated for the fiscal year beginning October 1, 2001.

  Mr. MURKOWSKI. Mr. President, today I am pleased to join my 
distinguished colleague from Tennessee, Senator Frist, in introducing 
the Academic Achievement for All Act known as Straight A's.
  Our education system is in need of serious reform. Thirty-five years 
ago, Congress enacted the first Elementary and Secondary Education Act. 
Today, over $120 billion has been spent on Title I--the program that is 
the cornerstone of the federal investment in K through 12 education for 
disadvantaged children. However, only 13 percent of low-income 4th 
graders score at or above the ``proficient'' level on national reading 
tests, and one-third of all incoming college freshman must enroll in 
remedial reading, writing, or mathematics classes before taking regular 
courses. Even worse, no progress has been made in achieving the 
program's fundamental goal, narrowing the achievement gap between low-
income and upper-income students.
  More fundamentally, the Federal role in education has been at best 
irrelevant in some states, and a serious barrier to reform in States 
that are far ahead of the curve in implementing serious reforms. It is 
time that parents, teachers, principals, and school board members 
decide what is best for our children. It is important that we return to 
our States and local communities the right to set priorities that 
reflect the unique needs of their students. The Straight A's Act offers 
such an option. It leaves the basic construct of Federal education 
programs intact, but offers some states the opportunity to experiment. 
Straight A's would allow states or school districts to spend their 
share of Federal dollars on reforms of their choice in exchange for 
agreed upon academic results. It is the first Federal education program 
to shift Federal dollars from one size fits all programs to a program 
that demands academic outcomes.
  I believe that choice and flexibility are the two most important 
aspects of education reform. The Straight A's Act offers both. The time 
has come to move forward with education reform, and I think Straight 
A's is moving in the right direction.
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