[Congressional Record Volume 147, Number 20 (Tuesday, February 13, 2001)]
[Senate]
[Pages S1325-S1326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 308. A bill to award grants for school construction; to the 
Committee on Health, Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, today, I am introducing the Excellence 
in Education Act of 2001.
  The purpose of this bill is to 1. reduce the size of schools; 2. 
reduce the size of classes; and 3. bring accountability to the use of 
these funds. The bill would create a matching grant program to build 
new schools to meet the following size requirements:
  For kindergarten through 5th grade, not more than 500 students, for 
grades 6 through 8, not more than 750 students and for grades 9 through 
12, not more than 1,500 students.
  For kindergarten through grade 6, not more than 20 students per 
teacher and for grades 7 through 12, not more than 28 students per 
teacher.
  The bill authorizes $1 billion each year for the next five years for 
the
U.S. Department of Education to award grants to local school districts. 
School districts would have to match federal funds with an equal 
amount. In addition to making the above reductions, school districts 
would be required to terminate social promotion, provide remedial 
education, and require that students be subject to state achievement 
standards in the core academic curriculum.
  This bill will provide a new funding source for school districts or 
states to match to build new schools and reduce both school size and 
class size. There is no good estimate of how many schools would be 
needed to reduce schools and classes to the levels specified in the 
bill, but we all know that there are too many large schools and large 
classes in public education today.
  The U.S. Department of Education estimates that we need to build 
6,000 new schools just to meet enrollment growth projections. This 
estimate does not take into account the need to cut class and school 
sizes. Consequently, the need for the funds my bill would authorize is 
huge.
  Why do we need this bill?
  First, many of our schools are just too big, especially in urban 
areas. The ``shopping mall'' high school is all too common. Some 
schools have as many as 4,000 students. In fact, half of American high 
school students go to schools that have 1,500 students or more.
  Equally serious is the fact that our classes are too big. Even though 
we have begun to reduce class sizes in the lower grades in California, 
it still has some of the largest class sizes in the United States.
  Studies show that student achievement improves when school and class 
sizes are reduced. The Oakland, California, school district plans to 
open 10 new small schools in the next few years. The Oakland tribune 
explained it like this on October 18, 2000: ``Small schools are viewed 
as antidotes to huge, factory-like campuses commonplace in America's 
inner cities. Research has shown that small schools create intimate 
learning atmospheres for students and teachers.''
  The U.S. Department of Education cites studies that list these 
benefits of small schools: students have a greater sense of belonging; 
fewer discipline problems occur; crime, violence and gang activity go 
down; alcohol and tobacco abuse decline; dropout rates fall and 
graduation rates rise; and student attendance increases.
  The American Education Research Association says that the ideal high 
school size is between 600 and 900 students. Studies show that small 
schools have higher academic achievement, fewer discipline problems, 
lower dropout rates, higher levels of student participation, higher 
graduation rates (The School Administrator, October 1997). The nation's 
school administrators are calling for smaller, more personalized 
schools.
  A Tennessee study called Project STAR placed 6,500 kindergartners in 
330 classes of different sizes. The students stayed in small classes 
for four years and then returned to larger ones in the fourth grade. 
The test scores and behavior of students in the smaller classes were 
better than those of children in the larger classes. A similar 1997 
study by Rand found that smaller classes benefit students from low-
income families the most.
  Teachers say that students in smaller classes pay better attention, 
ask more questions, and have fewer discipline problems. Smaller schools 
and smaller classes make a difference, it is clear.
  California has some of the largest schools in the country; Los 
Angeles has some of the largest classes and schools in the world! Here 
are some examples in the Los Angeles area: Hawaiian Elementary, 1,365 
students; South Gate Middle School, 4,442 students; Belmont High 
School, 4,874 students.
  California also has some large classes, even though we have made 
great progress in reducing teacher-to-pupil ratios in the lower grades. 
Still today, many middle and high school English and math classes are 
very large, up to as many as 39 students.
  The American public supports increased federal funding for school 
construction. The Rebuild American Coalition last year found that 82 
percent of Americans favor federal spending for school construction, up 
from 74 percent in a 1998 National Education Association poll.
  Every parent knows the importance of a small class in which the 
teacher can give individualized attention to a student. Every parent 
knows the importance of the sense of a community that can come with 
attending a small school. And every parent knows that big schools and 
big classes can be a stressful learning environment.
  I hope my colleagues will join me today in passing this important 
education reform. I ask unanimous consent that the text of the bill and 
a summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 308

       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 ``Excellence in Education Act 
     of 2001''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Core curriculum.--The term ``core curriculum'' means 
     curriculum in subjects such as reading and writing, language 
     arts, mathematics, social sciences (including history), and 
     science.
       (2) Elementary school; local educational agency; secondary 
     school; secretary.--The terms ``elementary school'', ``local 
     educational agency'', ``secondary school'', and ``Secretary'' 
     have the meanings given the terms in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801).
       (3) Practice of social promotion.--The term ``practice of 
     social promotion'' means a formal or informal practice of 
     promoting a student from the grade for which the 
     determination is made to the next grade when the student 
     fails to meet State achievement standards in the core 
     academic curriculum, unless the practice is consistent with 
     the student's individualized education program under section 
     614(d) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1414(d)).
       (4) Construction.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``construction'' means--
       (i) preparation of drawings and specifications for school 
     facilities;
       (ii) building new school facilities, or acquiring, 
     remodeling, demolishing, renovating, improving, or repairing 
     facilities to establish new school facilities; and
       (iii) inspection and supervision of the construction of new 
     school facilities.
       (B) Rule.--An activity described in subparagraph (A) shall 
     be considered to be construction only if the labor standards 
     described in section 439 of the General Education Provisions 
     Act (20 U.S.C. 1232b) are applied with respect to such 
     activity.
       (5) School facility.--The term ``school facility'' means a 
     public structure suitable for use as a classroom, laboratory, 
     library, media center, or related facility the primary 
     purpose of which is the instruction of public elementary 
     school or secondary school students. The term does not 
     include an athletic stadium or any other structure or 
     facility intended primarily for athletic exhibitions, 
     contests, or games for which admission is charged to the 
     general public.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $1,000,000,000 for each of the fiscal years 2002 through 
     2006.

     SEC. 4. PROGRAM AUTHORIZED.

       The Secretary is authorized to award grants to local 
     educational agencies to enable the local educational agencies 
     to carry out the construction of new public elementary school 
     and secondary school facilities.

     SEC. 5. CONDITIONS FOR RECEIVING FUNDS.

       In order to receive funds under this Act a local 
     educational agency shall meet the following requirements:

[[Page S1326]]

       (1) Reduce class and school sizes for public schools served 
     by the local educational agency as follows:
       (A) Limit class size to an average student-to-teacher ratio 
     of 20 to 1, in classes serving kindergarten through grade 6 
     students, in the schools served by the agency.
       (B) Limit class size to an average student-to-teacher ratio 
     of 28 to 1, in classes serving grade 7 through grade 12 
     students, in the schools served by the agency.
       (C) Limit the size of public elementary schools and 
     secondary schools served by the agency to--
       (i) not more than 500 students in the case of a school 
     serving kindergarten through grade 5 students;
       (ii) not more than 750 students in the case of a school 
     serving grade 6 through grade 8 students; and
       (iii) not more than 1,500 students in the case of a school 
     serving grade 9 through grade 12 students.
       (2) Terminate the practice of social promotion in the 
     public schools served by the agency.
       (3) Require that students be subject to State achievement 
     standards in the core curriculum at key transition points, to 
     be determined by the State, for all kindergarten through 
     grade 12 students.
       (4) Use tests and other indicators, such as grades and 
     teacher evaluations, to assess student performance in meeting 
     the State achievement standards, which tests shall be valid 
     for the purpose of such assessment.
       (5) Provide remedial education for students who fail to 
     meet the State achievement standards, including tutoring, 
     mentoring, summer programs, before-school programs, and 
     after-school programs.
       (6) Provide matching funds, with respect to the cost to be 
     incurred in carrying out the activities for which the grant 
     is awarded, from non-Federal sources in an amount equal to 
     the Federal funds provided under the grant.

     SEC. 6. APPLICATIONS.

       (a) In General.--Each local educational agency desiring to 
     receive a grant under this Act shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require.
       (b) Contents.--Each application shall contain--
       (1) an assurance that the grant funds will be used in 
     accordance with this Act;
       (2) a brief description of the construction to be 
     conducted;
       (3) a cost estimate of the activities to be conducted; and
       (4) a description of available non-Federal matching funds.

   Summary of the School Construction Grant Bill, the Excellence in 
                         Education Act of 2001

       Funds authorized, purpose: Authorizes $5 billion over 5 
     years ($1 billion each year) for the U.S. Department of 
     Education to award grants to local education agencies to 
     construct new school facilities from fiscal year 2002 to 
     2006.
       Eligibility. Local education agencies as defined in 14101 
     of the Elementary and Secondary Education Act of 1965 (public 
     schools).
       Use of funds: Local education agencies are authorized to 
     use funds to construct new school facilities.
       Conditions for receiving funds: As a condition of receiving 
     funds, local education agencies are required to--
       Reduce school and class sizes as follows:
       Limit class size to: In the elementary grades to an average 
     student-teacher ratio of 20 to one; in grades 7 through 12 to 
     an average student-teacher ratio of 28 to one.
       Limit school size to: Elementary schools (K-5): no more 
     than 500 students; Middle schools (6-8): no more than 750 
     students; High schools (9-12): no more than 1,500 students.
       Terminate the practice of social promotion.
       Require that students be subject to state academic 
     achievement standards, to be determined by the states, for 
     all K-12 students in the core curriculum, defined as subjects 
     such as reading and writing, language arts, mathematics, 
     social sciences (including history); and science.
       Test student achievement in meeting achievement standards 
     periodically for advancement to the next grade, in at least 
     three grades (such as the 4th, 8th and 12th grades), 
     distributed evenly over the course of a student's education.
       Provide remedial education for students who fail to meet 
     academic achievement standards, including tutoring, 
     mentoring, summer, before-school and after-school programs.
       Provide matching funds from non-Federal sources in an 
     amount equal to the Federal funds provided under the grant.
                                 ______