[Congressional Record Volume 150, Number 53 (Thursday, April 22, 2004)]
[Senate]
[Pages S4302-S4332]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S4302]]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. CLINTON (for herself and Mr. Schumer):
S. 2334. A bill to designate certain National Forest System land in
the Commonwealth of Puerto Rico as components of the National
Wilderness Preservation System; to the Committee on Energy and Natural
Resources.
Mrs. CLINTON. Mr. President, I rise to introduce the Caribbean
National Forest Act of 2004, along with Senator Schumer.
The Caribbean National Forest Act designates approximately 10,000
acres of the Caribbean National Forest (CNF) as the El Toro Wilderness.
The El Toro Wilderness would be the only tropical forest wilderness in
the U.S. National Forest system.
The CNF has long been recognized as a special area, worthy of
protection. The Spanish Crown proclaimed much of the current CNF as a
forest reserve in 1824. One hundred years ago, President Theodore
Roosevelt reasserted the protection of the CNF by designating the area
as a forest reserve.
Located 25 miles east of San Juan, the CNF is a biologically diverse
area. Although it is the smallest forest in the national forest system,
the CNF ranks number one in the number of species of native trees with
240. In addition, the CNF has 50 varieties of orchids and over 150
species of ferns. The area is also rich in wildlife with over 100
species of vertebrates, including the endangered Puerto Rican parrot.
The only native parrot in Puerto Rico, they numbered nearly one million
at the time that Columbus set sail for the New World. Today there are
fewer than 35 of these parrots. The Forest Service, the U.S. Fish and
Wildlife Service and Puerto Rico's Department of Natural Resources and
the Environment have initiated a recovery program for the Puerto Rican
Parrot. Wilderness designation will ensure that the forest home to the
parrot will remain protected and the ongoing recovery efforts,
consistent with the Wilderness Act, will continue.
The CNF also provides valuable water to the people of Puerto Rico.
The CNF receives over 10 feet of rain each year. As a result, the major
watersheds in the CNF are able to provide water to over 800,000
residents. In addition, the CNF provides a variety of recreational
opportunities to over 700,000 Puerto Ricans and tourists each year.
Families, friends and school groups come to the forest to hike, bird
watch, picnic, swim and enjoy the scenic vistas.
Wilderness designation of the El Toro will protect approximately one
third of the forest. A companion House bill, H.R. 1723, has been
introduced by Puerto Rico's Resident Commissioner, Abibel Acevedo Vila.
During a House hearing on this measure last summer, the U.S. Forest
Service stated its support for the designation of the El Toro
Wilderness Area.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2334
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 ``Caribbean National Forest
Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map dated April 13,
2004 and entitled ``El Toro Proposed Wilderness Area''.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. WILDERNESS DESIGNATION, CARIBBEAN NATIONAL FOREST,
PUERTO RICO.
(a) El Toro Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1113 et seq.), the approximately
10,000 acres of land in the Caribbean National Forest/
Luquillo Experimental Forest in the Commonwealth of Puerto
Rico described in the map are designated as wilderness and as
a component of the National Wilderness Preservation System.
(2) Designation.--The land designated in paragraph (1)
shall be known as the El Toro Wilderness.
(3) Wilderness boundaries.--The El Toro Wilderness shall
consist of the land described in the map.
(b) Map and Boundary Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(A) prepare a boundary description of the El Toro
Wilderness; and
(B) submit the map and the boundary description to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives.
(2) Public inspection and treatment.--The map and the
boundary description prepared under paragraph (1)(A)--
(A) shall be on file and available for public inspection in
the office of the Chief of the Forest Service; and
(B) shall have the same force and effect as if included in
this Act.
(3) Errors.--The Secretary may correct clerical and
typographical errors in the map and the boundary description
prepared under paragraph (1)(A).
(c) Administration.--
(1) In general.--Subject to valid existing rights, the
Secretary shall administer the El Toro Wilderness in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
and this Act.
(2) Effective date of wilderness act.--With respect to the
El Toro Wilderness, any reference in the Wilderness Act (16
U.S.C. 1131 et seq.) to the effective date of that Act shall
be deemed to be a reference to the date of the enactment of
this Act.
(d) Special Management Considerations.--Consistent with the
Wilderness Act (16 U.S.C. 1131 et seq.), nothing in this Act
precludes the installation and maintenance of hydrologic,
meteorological, climatological, or atmospheric data
collection and remote transmission facilities, or any
combination of those facilities, in any case in which the
Secretary determines that the facilities are essential to the
scientific research purposes of the Luquillo Experimental
Forest.
______
By Mr. REED (for himself, Mr. Kennedy, and Mr. Bingaman):
S. 2335. A bill to amend part A of title II of the Higher Education
Act of 1965 to enhance teacher training and teacher preparation
programs, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
Mr. REED. Mr. President, I rise today to introduce the Preparing,
Recruiting, and Retaining Education Professionals Act of 2004 to ensure
high quality preparation, induction, and professional development
programs for teachers, early childhood education providers, principals
and administrators in order to improve learning and achievement for all
students.
As Congress turns to the reauthorization of the Higher Education Act,
we need to increase support for prospective, new, and experienced
educators in early childhood education programs, elementary schools,
and secondary schools.
My legislation challenges teacher preparation programs to make
improving student achievement the engine that drives all activities,
training, and support for teachers. The goal here is not to be punitive
but to put students and their achievement first.
We know that strong teaching skills make a difference. Studies have
shown that students who attend classes taught by high-quality teachers
perform significantly better on assessments. The No Child Left Behind
Act requires that all teachers be highly qualified. To be so deemed, in
general, a teacher must hold a bachelor's degree, be fully certified by
a State, and demonstrate content knowledge of the subjects taught by
the 2005-2006 school year. New teachers must meet this standard now.
Yet, according to the U.S. Department of Education, only 54 percent of
our Nation's secondary school teachers were highly qualified during the
1999-2000 school year. The percentage of highly qualified teachers
varies widely by State and by subject matter. For example, a 2003
survey by the Council of Chief State School Officers found that only my
home State of Rhode Island, Nebraska, New Jersey, North Dakota, and
Minnesota have more than 80 percent of their math teachers with college
majors in math and full certification. Seven States report having more
than 10 percent of their teachers on waivers; that is, teaching with
emergency, temporary, or provisional licenses.
The Preparing, Recruiting, and Retaining Education Professionals Act
modifies and strengthens the current State, partnership, and
recruitment grants contained within title II of the Higher Education
Act to focus on improving teaching skills of prospective, new, and
experienced teachers and early childhood education providers as well as
improving the capacity of principals to provide instructional
leadership and classroom support for teachers.
[[Page S4303]]
My legislation ensures States hold institutions of higher education
and entities that provide alternative routes to State certification
equally accountable for preparing highly qualified teachers and highly
competent early childhood education providers via reforms to ensure
preparation program effectiveness. The goal is to provide teachers and
early childhood education providers the scientific knowledge of
teaching skills needed to understand and respond effectively to diverse
student populations, including students with disabilities, limited-
English proficient students, and students with different learning
styles or other special learning needs; the ability to integrate
technology into the classroom; strategies to effectively use
assessments to improve instructional practices and curriculum; and an
understanding of how to communicate with and involve parents in their
children's education.
The Higher Education Act's existing partnership grants are
strengthened by improving the effectiveness of the teaching skills and
learning practices taught through inclusion of academic departments
such as psychology, human development, or one with comparable expertise
in the disciplines of teaching, learning, and child and adolescent
development. Partnerships are expanded to include pre-service clinical,
field, or practicum components whereby the prospective teachers receive
close supervision and mentoring. A residency program would be created
to provide ongoing training support during new teachers' first 3 years.
Professional development opportunities would have to be provided for
experienced teachers to encourage continual retraining to further their
skills. Managerial skill development is also included to improve the
capacity of principals to provide instructional leadership and
classroom support for teachers.
The time for action is now because too few of the teachers that we
have prepared choose to enter the schools and stay. According to the
National Commission on Teaching and America's Future, after 3 years, 33
percent of beginning teachers have left teaching and after 5 years, 46
percent have left. Not surprisingly, the turnover rate in high poverty
schools is approximately one-third higher than the rate for all
teachers. During the 1999-2000 school year, 232,000 new teachers were
hired, but schools lost more than 287,000--a net loss of 24 percent.
Teacher attrition undermines teacher quality and drives teacher
shortages. Investing in the preparation of our educators and their
continued professional development is critical for addressing these
needs which, in turn, will improve outcomes and results for all
children.
One of the primary reasons for such high attrition, according to the
Commission, is the lack of support once a teacher is hired.
Approximately one-third of those teachers who expressed dissatisfaction
cited poor administrative support, a lack of faculty influence and
inadequate planning and collaboration time. By providing mentoring and
support during the pre-service experiences, the early years of
teaching, and through ongoing professional development opportunities
for experienced teachers, we can substantially reduce the terrible
turnover rates that our Nation experiences.
There are also extensive teaching vacancies in schools nationwide.
The General Accounting Office has found that 23 of 37 State officials
reported teacher shortages in high-need subject areas such as
mathematics, science, bilingual education and special education.
My legislation focuses recruitment activities where high teacher
turnover and shortages exist, where there is great difficulty meeting
academic standards, or where there is great difficulty demonstrating
that teachers are highly qualified. The grants also allow funds for
outreach to encourage recruitment in inner city and rural areas.
The State, partnership, and recruitment grants are currently funded
at only $90 million a year--far too little of an investment for this
critical enterprise. The stakes are too high, not just in terms of
meeting the highly qualified requirements of No Child Left Behind, but
for real kids in real classrooms. My bill significantly boosts this
funding, authorizing $500 million for these vital programs.
The PRREP Act is supported by a diverse array of education
organizations, including the American Association of Colleges for
Teacher Education, American Psychological Association, Center for Civic
Education, Council for Exceptional Children, Higher Education
Consortium for Special Education, National Association of Elementary
School Principals, National Association of Secondary School Principals,
National Association of State Directors of Special Education, National
Association for the Education of Young Children, National Council of
Teachers of English, National Council of Teachers of Mathematics,
National Science Teachers Association, and National PTA.
I urge my colleagues to join me in this essential endeavor by
cosponsoring this legislation and working for its inclusion in the
reauthorization of the Higher Education Act.
I ask unanimous consent that the text of this legislation be printed
in the Record.
Additionally, I am pleased to be joining Senator Bingaman, who is
introducing the CLASS Act. This legislation shares the PRREP Act's
spirit of improving teacher preparation and therefore, student
achievement. In addition to encouraging the development of data systems
to measure teacher quality, the CLASS Act authorizes pilot studies to
evaluate the impact of teacher preparation programs on student
achievement and to identify the specific practices that result in
achievement gains. The legislation also seeks to improve minority
teacher recruitment and retention.
The PRREP Act, Senator Bingaman's bill, and the bill we joined
Senator Kennedy in introducing last year--S. 1793, the College Quality,
Affordability, and Diversity Improvement Act--will all go a long way
toward ensuring the high quality preparation, induction, and
professional development that our Nation's educators--and students--
deserve.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 2335
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 ``Preparing, Recruiting, and
Retaining Education Professionals Act of 2004''.
SEC. 2. PURPOSES; DEFINITIONS.
Section 201 of the Higher Education Act of 1965 (20 U.S.C.
1021) is amended to read as follows:
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing ongoing professional development
activities;
``(3) encourage partnerships among institutions of higher
education, early childhood education programs, elementary
schools or secondary schools, local educational agencies,
State educational agencies, teacher organizations, and
nonprofit educational organizations;
``(4) hold institutions of higher education and all other
teacher preparation programs (including programs that provide
alternative routes to teacher preparation) accountable in an
equivalent manner for preparing--
``(A) teachers who have strong teaching skills, are highly
qualified, and are trained in the effective uses of
technology in the classroom; and
``(B) early childhood education providers who are highly
competent;
``(5) recruit and retain qualified individuals, including
individuals from other occupations, into the teaching force
for early childhood education programs or in elementary
schools or secondary schools;
``(6) improve the recruitment, retention, and capacities of
principals to provide instructional leadership and to support
teachers in maintaining safe and effective learning
environments;
``(7) expand the use of research to improve teaching and
learning by teachers, early childhood education providers,
principals, and faculty; and
``(8) enhance the ability of teachers, early childhood
education providers, principals, administrators, and faculty
to communicate, work with, and involve parents in ways that
improve student achievement.
``(b) Definitions.--In this part:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers 1 or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
[[Page S4304]]
``(B) when referring to a specific academic subject matter
area, the disciplines or content areas in which academic
majors are offered by the arts and science organizational
unit.
``(2) Early childhood education program.--The term `early
childhood education program' means a family child care
program, center-based child care program, prekindergarten
program, school program, or other out-of-home child care
program that is licensed or regulated by the State serving 2
or more unrelated children from birth until school entry, or
a Head Start program carried out under the Head Start Act or
an Early Head Start program carried out under section 645A of
that Act.
``(3) Exemplary teacher.--The term `exemplary teacher' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(4) Faculty.--
``(A) In general.--The term `faculty' means individuals in
institutions of higher education who are responsible for
preparing teachers.
``(B) Inclusions.--The term `faculty' includes professors
of education and professors in academic disciplines such as
the arts and sciences, psychology, and human development.
``(5) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency that serves an early childhood education program,
elementary school, or secondary school located in an area in
which--
``(A)(i) 15 percent or more of the students served by the
agency are from families with incomes below the poverty line;
``(ii) there are more than 5,000 students served by the
agency from families with incomes below the poverty line; or
``(iii) there are less than 600 students in average daily
attendance in all the schools that are served by the agency
and all of whose schools are designated with a school locale
code of 7 or 8, as determined by the Secretary; and
``(B)(i) there is a high percentage of teachers who are not
highly qualified; or
``(ii) there is a chronic shortage, or high turnover rate,
of highly qualified teachers.
``(6) High-need school.--The term `high-need school' means
an early childhood education program, public elementary
school, or public secondary school--
``(A)(i) in which there is a high concentration of students
from families with incomes below the poverty line; or
``(ii) that, in the case of a public elementary school or
public secondary school, is identified as in need of school
improvement or corrective action pursuant to section 1116 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316); and
``(B) in which there exists--
``(i) in the case of a public elementary school or public
secondary school, a persistent and chronic shortage, or high
turnover rate, of highly qualified teachers; and
``(ii) in the case of an early childhood education program,
a persistent and chronic shortage of early childhood
education providers who are highly competent.
``(7) Highly competent.--The term `highly competent' when
used with respect to an early childhood education provider
means a provider--
``(A) with specialized education and training in
development and education of young children from birth until
entry into kindergarten;
``(B) with--
``(i) a baccalaureate degree in an academic major in the
arts and sciences; or
``(ii) an associate's degree in a related educational area;
and
``(C) who has demonstrated a high level of knowledge and
use of content and pedagogy in the relevant areas associated
with quality early childhood education.
``(8) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(9) Mentoring.--The term `mentoring' means a process by
which a teacher mentor who is an exemplary teacher, either
alone or in a team with faculty, provides active support for
prospective teachers and new teachers through a system for
integrating evidence-based practice, including rigorous,
supervised training in high-quality teaching settings. Such
support includes activities specifically designed to
promote--
``(A) knowledge of the scientific research on, and
assessment of, teaching and learning;
``(B) development of teaching skills and skills in
evidence-based educational interventions;
``(C) development of classroom management skills;
``(D) a positive role model relationship where academic
assistance and exposure to new experiences is provided; and
``(E) ongoing supervision and communication regarding the
prospective teacher's development of teaching skills and
continued support for the new teacher by the mentor, other
teachers, principals, and administrators.
``(10) Parent.--The term `parent' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(11) Parental involvement.--The term `parental
involvement' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(12) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
``(13) Professional development.--
``(A) In general.--Except as provided in subparagraph (B),
the term `professional development' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(B) Early childhood education providers.--The term
`professional development' when used with respect to an early
childhood education provider means knowledge and skills in
all domains of child development (including cognitive,
social, emotional, physical, and approaches to learning) and
pedagogy of children from birth until entry into
kindergarten.
``(14) Teaching skills.--The term `teaching skills' means
skills--
``(A) grounded in the disciplines of teaching and learning
that teachers use to create effective instruction in subject
matter content and that lead to student achievement and the
ability to apply knowledge; and
``(B) that require an understanding of the learning process
itself, including an understanding of--
``(i) the use of teaching strategies specific to the
subject matter;
``(ii) the application of ongoing assessment of student
learning, particularly for evaluating instructional practices
and curriculum;
``(iii) ensuring successful learning for students with
individual differences in ability and instructional needs;
``(iv) effective classroom management; and
``(v) effective ways to communicate, work with, and involve
parents in their children's education.''.
SEC. 3. STATE GRANTS.
Section 202 of the Higher Education Act of 1965 (20 U.S.C.
1022) is amended to read as follows:
``SEC. 202. STATE GRANTS.
``(a) In General.--From amounts made available under
section 211(1) for a fiscal year, the Secretary is authorized
to award grants under this section, on a competitive basis,
to eligible States to enable the eligible States to carry out
the activities described in subsection (d).
``(b) Eligible State.--
``(1) Definition.--In this part, the term `eligible State'
means--
``(A) a State educational agency; or
``(B) an entity or agency in the State responsible for
teacher certification and preparation activities.
``(2) Consultation.--The eligible State shall consult with
the Governor, State board of education, State educational
agency, State agency for higher education, State agency with
responsibility for child care, prekindergarten, or other
early childhood education programs, and other State entities
that provide professional development and teacher preparation
for teachers, as appropriate, with respect to the activities
assisted under this section.
``(3) Construction.--Nothing in this subsection shall be
construed to negate or supersede the legal authority under
State law of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the
agency, entity, or official.
``(c) Application.--To be eligible to receive a grant under
this section, an eligible State shall, at the time of the
initial grant application, submit an application to the
Secretary that--
``(1) meets the requirement of this section and other
relevant requirements for States under this title;
``(2) describes how the eligible State intends to use funds
provided under this section in accordance with State-
identified needs;
``(3) describes the eligible State's plan for continuing
the activities carried out with the grant once Federal
funding ceases;
``(4) describes how the eligible State will coordinate
activities authorized under this section with other Federal,
State, and local personnel preparation and professional
development programs; and
``(5) contains such other information and assurances as the
Secretary may require.
``(d) Uses of Funds.--An eligible State that receives a
grant under this section shall use the grant funds to reform
teacher preparation requirements, and to ensure that current
and future teachers are highly qualified and possess strong
teaching skills and knowledge to assess student academic
achievement, by carrying out 1 or more of the following
activities:
``(1) Reforms.--Implementing reforms that hold institutions
of higher education with teacher preparation programs
accountable for, and assist such programs in, preparing
teachers who are highly qualified or early childhood
education providers who are highly competent. Such reforms
shall include--
``(A) State program approval requirements regarding
curriculum changes by teacher preparation programs that
improve teaching skills based on scientific knowledge--
``(i) about the disciplines of teaching and learning; and
``(ii) about understanding and responding effectively to
students with special needs;
``(B) State program approval requirements for teacher
preparation programs to have in place mechanisms to measure
and assess the
[[Page S4305]]
effectiveness and impact of teacher preparation programs,
including on student achievement;
``(C) assurances from institutions that such institutions
have a program in place that provides a year-long clinical
experience for prospective teachers; and
``(D) collecting and using data, in collaboration with
institutions of higher education, schools, and local
educational agencies, on teacher retention rates, by school,
to evaluate and strengthen the effectiveness of the State's
teacher support system.
``(2) Certification or licensure requirements.--Ensuring
the State's teacher certification or licensure requirements
are rigorous so that teachers have strong teaching skills and
are highly qualified.
``(3) Alternative routes to state certification.--Carrying
out programs that provide prospective teachers with high-
quality alternative routes to traditional preparation for
teaching and to State certification for well-prepared and
qualified prospective teachers, including--
``(A) programs at schools or departments of arts and
sciences, schools or departments of education within
institutions of higher education, or at nonprofit educational
organizations with expertise in producing highly qualified
teachers that include instruction in teaching skills;
``(B) a selective means for admitting individuals into such
programs;
``(C) providing intensive support during the initial
teaching experience, including mentoring;
``(D) establishing, expanding, or improving alternative
routes to State certification of teachers for qualified
individuals, including mid-career professionals from other
occupations, paraprofessionals, former military personnel and
recent college graduates with records of academic
distinction, that have a proven record of effectiveness and
that ensure that current and future teachers possess strong
teaching skills and are highly qualified; and
``(E) providing support in the disciplines of teaching and
learning to ensure that prospective teachers have an
understanding of evidence-based learning practices and
possess strong teaching skills.
``(4) State certification reciprocity.--Establishing and
promoting reciprocity of certification or licensing between
or among States for general and special education teachers
and principals, except that no reciprocity agreement
developed pursuant to this paragraph or developed using funds
provided under this part may lead to the weakening of any
State certification or licensing requirement that is shown
through evidence-based research to ensure teacher and
principal quality and student achievement.
``(5) Recruitment and retention.--Developing and
implementing effective mechanisms to ensure that local
educational agencies and schools are able to effectively
recruit and retain highly qualified teachers, highly
competent early childhood education providers, and
principals, and provide access to ongoing professional
development opportunities for teachers, early childhood
education providers, and principals, including activities
described in subsections (d) and (e) of section 204.
``(6) Social promotion.--Development and implementation of
efforts to address the problem of social promotion and to
prepare teachers, principals, administrators, and parents to
effectively address the issues raised by ending the practice
of social promotion.''.
SEC. 4. PARTNERSHIP GRANTS.
Section 203 of the Higher Education Act of 1965 (20 U.S.C.
1023) is amended to read as follows:
``SEC. 203. PARTNERSHIP GRANTS.
``(a) Grants.--From amounts made available under section
211(2) for a fiscal year, the Secretary is authorized to
award grants under this section, on a competitive basis, to
eligible partnerships to enable the eligible partnerships to
carry out the activities described in subsections (d) and
(e).
``(b) Definitions.--
``(1) Eligible partnership.--In this part, the term
`eligible partnership' means an entity that--
``(A) shall include--
``(i) a partner institution;
``(ii) a school or department of arts and sciences within
the partner institution under clause (i);
``(iii) a school or department of education within the
partner institution under clause (i);
``(iv)(I) a department of psychology within the partner
institution under clause (i);
``(II) a department of human development within the partner
institution under clause (i); or
``(III) a department with comparable expertise in the
disciplines of teaching, learning, and child and adolescent
development within the partner institution under clause (i);
``(v) a high-need local educational agency; and
``(vi)(I) a high-need school served by the high-need local
educational agency under clause (v); or
``(II) a consortium of schools of the high-need local
educational agency under clause (v); and
``(B) may include a Governor, State educational agency, the
State board of education, the State agency for higher
education, an institution of higher education not described
in subparagraph (A) (including a community college), a public
charter school, other public elementary school or secondary
school, a combination or network of urban, suburban, or rural
schools, a public or private nonprofit educational
organization, a business, a teacher organization, or an early
childhood education program.
``(2) Partner institution.--In this section, the term
`partner institution' means a private independent or State-
supported public institution of higher education, or a
consortium of such institutions, that has not been designated
under section 208(a) and the teacher preparation program of
which demonstrates that--
``(A) graduates from the teacher preparation program who
intend to enter the field of teaching exhibit strong
performance on State-determined qualifying assessments and
are highly qualified; or
``(B) the teacher preparation program requires all the
students of the program to participate in intensive clinical
experience, to meet high academic standards, to possess
strong teaching skills, and--
``(i) in the case of prospective elementary school and
secondary school teachers, to become highly qualified; and
``(ii) in the case of prospective early childhood education
providers, to become highly competent.
``(c) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall--
``(1) contain a needs assessment of all the partners with
respect to the preparation, ongoing training, and
professional development of early childhood education
providers, general and special education teachers, and
principals, the extent to which the program prepares new
teachers with strong teaching skills, a description of how
the partnership will coordinate strategies and activities
with other teacher preparation or professional development
programs, and how the activities of the partnership will be
consistent with State, local, and other education reform
activities that promote student achievement and parental
involvement;
``(2) contain a resource assessment that describes the
resources available to the partnership, including the
integration of funds from other related sources, the intended
use of the grant funds, including a description of how the
grant funds will be fairly distributed in accordance with
subsection (f), and the commitment of the resources of the
partnership to the activities assisted under this part,
including financial support, faculty participation, time
commitments, and continuation of the activities when the
grant ends;
``(3) contain a description of--
``(A) how the partnership will meet the purposes of this
part, in accordance with the needs assessment required under
paragraph (1);
``(B) how the partnership will carry out the activities
required under subsection (d) and any permissible activities
under subsection (e) based on the needs identified in
paragraph (1) with the goal of improving student achievement;
``(C) the partnership's evaluation plan pursuant to section
206(b);
``(D) how faculty at the partner institution will work
with, over the term of the grant, principals and teachers in
the classrooms of the high-need local educational agency
included in the partnership;
``(E) how the partnership will enhance the instructional
leadership and management skills of principals and provide
effective support for principals, including new principals;
``(F) how the partnership will design, implement, or
enhance a year-long, rigorous, and enriching preservice
clinical program component;
``(G) the in-service professional development strategies
and activities to be supported; and
``(H) how the partnership will collect, analyze, and use
data on the retention of all teachers, early childhood
education providers, or principals in schools located in the
geographic areas served by the partnership to evaluate the
effectiveness of its educator support system;
``(4) contain a certification from the partnership that it
has reviewed the application and determined that the grant
proposed will comply with subsection (f);
``(5) include, for the residency program described in
subsection (d)(3)--
``(A) a demonstration that the schools and departments
within the institution of higher education that are part of
the residency program have relevant and essential roles in
the effective preparation of teachers, including content
expertise and expertise in the science of teaching and
learning;
``(B) a demonstration of capability and commitment to
evidence-based teaching and accessibility to, and involvement
of, faculty documented by professional development offered to
staff and documented experience with university
collaborations;
``(C) a description of how the residency program will
design and implement an induction period to support all new
teachers through the first 3 years of teaching in the further
development of their teaching skills, including use of
mentors who are trained and compensated by such program for
their work with new teachers; and
``(D) a description of how faculty involved in the
residency program will be able to substantially participate
in an early childhood education program or an elementary or
secondary classroom setting, including release
[[Page S4306]]
time and receiving workload credit for their participation;
and
``(6) include an assurance that the partnership has
mechanisms in place to measure and assess the effectiveness
and impact of the activities to be undertaken, including on
student achievement.
``(d) Required Uses of Funds.--An eligible partnership that
receives a grant under this section shall use the grant funds
to carry out the following activities, as applicable to
teachers, early childhood education providers, or principals,
in accordance with the needs assessment required under
subsection (c)(1):
``(1) Reforms.--Implementing reforms within teacher
preparation programs, where needed, to hold the programs
accountable for preparing teachers who are highly qualified
or early childhood education providers who are highly
competent and for promoting strong teaching skills, including
integrating reliable evidence-based teaching methods into the
curriculum, which curriculum shall include parental
involvement training and programs designed to successfully
integrate technology into teaching and learning. Such reforms
shall include--
``(A) teacher preparation program curriculum changes that
improve, and assess how well all new teachers develop,
teaching skills;
``(B) use of scientific knowledge about the disciplines of
teaching and learning so that all prospective teachers
understand evidence-based learning practices and possess
teaching skills that enable them to meet the learning needs
of all students;
``(C) assurances that all teachers have a sufficient base
of scientific knowledge to understand and respond effectively
to students with special needs, such as providing instruction
to diverse student populations, including students with
disabilities, limited-English proficient students, and
students with different learning styles or other special
learning needs;
``(D) assurances that the most recent scientifically based
research, including research relevant to particular fields of
teaching, is incorporated into professional development
activities used by faculty; and
``(E) working with and involving parents in their
children's education to improve the academic achievement of
their children and in the teacher preparation program reform
process.
``(2) Clinical experience and interaction.--Developing and
providing sustained and high-quality preservice clinical
education programs to further develop the teaching skills of
all general education teachers and special education
teachers, at schools within the partnership, at the school or
department of education within the partner institution, or at
evidence-based practice school settings. Such programs
shall--
``(A) incorporate a year-long, rigorous, and enriching
activity or combination of activities, including--
``(i) clinical learning opportunities;
``(ii) field experiences; and
``(iii) supervised practica; and
``(B) be offered over the course of a program of
preparation and coursework (that may be developed as a 5th
year of a teacher preparation program) for prospective
general and special education teachers, including the
mentoring in instructional skills, classroom management
skills, and strategies to effectively assess student progress
and achievement, and substantially increasing closely
supervised interaction between faculty and new and
experienced teachers, principals, and other administrators at
early childhood education programs, elementary schools, or
secondary schools, and providing support, including
preparation time and release time, for such interaction.
``(3) Residency programs for new teachers.--Creating a
residency program that provides an induction period for all
new general education and special education teachers for such
teachers' first 3 years. Such program shall promote the
integration of the science of teaching and learning in the
classroom, provide high-quality mentoring opportunities,
provide opportunities for the dissemination of evidence-based
research on educational practices, and provide for
opportunities to engage in professional development
activities offered through professional associations of
educators. Such program shall draw directly upon the
expertise of teacher mentors, faculty, and researchers that
involves their active support in providing a setting for
integrating evidence-based practice for prospective teachers,
including rigorous, supervised training in high-quality
teaching settings that promotes the following:
``(A) Knowledge of the scientific research on teaching and
learning.
``(B) Development of skills in evidence-based educational
interventions.
``(C) Faculty who model the integration of research and
practice in the classroom, and the effective use and
integration of technology.
``(D) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who prepare
new teachers on the learning process and the assessment of
learning.
``(E) A forum for information sharing among prospective
teachers, teachers, principals, administrators, and
participating faculty in the partner institution.
``(F) Application of scientifically based research on
teaching and learning generated by entities such as the
Institute of Education Sciences and by the National Research
Council.
``(4) Professional development.--Creating opportunities for
enhanced and ongoing professional development for experienced
general education and special education teachers, early
childhood education providers, principals, administrators,
and faculty that--
``(A) improves the academic content knowledge, as well as
knowledge to assess student academic achievement and how to
use the results of such assessments to improve instruction,
of teachers in the subject matter or academic content areas
in which the teachers are certified to teach or in which the
teachers are working toward certification to teach;
``(B) promotes strong teaching skills and an understanding
of how to apply scientific knowledge about teaching and
learning to their teaching practice and to their ongoing
classroom assessment of students;
``(C) provides mentoring, team teaching, reduced class
schedules, and intensive professional development;
``(D) encourages and supports training of teachers,
principals, and administrators to effectively use and
integrate technology--
``(i) into curricula and instruction, including training to
improve the ability to collect, manage, and analyze data to
improve teaching, decisionmaking, school improvement efforts,
and accountability;
``(ii) to enhance learning by children, including students
with disabilities, limited-English proficient students, and
students with different learning styles or other special
learning needs; and
``(iii) to effectively communicate, work with, and involve
parents in their children's education;
``(E) creates an ongoing retraining loop for experienced
teachers, principals, and administrators, whereby the
residency program activities and practices--
``(i) inform the research of faculty and other researchers;
and
``(ii) translate evidence-based research findings into
improved practice techniques and improved teacher preparation
programs; and
``(F) includes the rotation, for varying periods of time,
of experienced teachers--
``(i) who are associated with the partnership to early
childhood education programs, elementary schools, or
secondary schools not associated with the partnership in
order to enable such experienced teachers to act as a
resource for all teachers in the local educational agency or
State; and
``(ii) who are not associated with the partnership to early
childhood education programs, elementary schools, or
secondary schools associated with the partnership in order to
enable such experienced teachers to observe how teaching and
professional development occurs in the partnership.
``(5) Support for participants.--Providing support for
those individuals participating in the required activities
under paragraphs (1) through (4) who serve as role models or
mentors for prospective, new, and experienced teachers, based
on such individuals' experience. Such support--
``(A) also may be provided to the preservice clinical
experience participants, as appropriate; and
``(B) may include--
``(i) release time for such individual's participation;
``(ii) receiving course workload credit and compensation
for time teaching in the partnership activities; and
``(iii) stipends.
``(6) Leadership and managerial skills.--
``(A) In general.--Developing and implementing proven
mechanisms to provide principals, superintendents, early
childhood education program directors, and administrators
(and mentor teachers, as practicable) with--
``(i) an understanding of the skills and behaviors that
contribute to effective instructional leadership and the
maintenance of a safe and effective learning environment;
``(ii) teaching and assessment skills needed to support
successful classroom teaching;
``(iii) an understanding of how students learn and develop
in order to increase achievement for all students; and
``(iv) the skills to effectively involve parents.
``(B) Mechanisms.--The mechanisms developed and implemented
pursuant to subparagraph (A) may include any of the
following:
``(i) Mentoring of new principals.
``(ii) Field-based experiences, supervised practica, or
internship opportunities.
``(iii) Other activities to expand the knowledge base and
practical skills of principals, superintendents, early
childhood education program directors, and administrators
(and mentor teachers, as practicable).
``(e) Allowable Uses of Funds.--An eligible partnership
that receives a grant under this section may use such funds
to carry out the following activities:
``(1) Dissemination and coordination.--Broadly
disseminating information on effective practices used by the
partnership, including teaching strategies and interactive
materials for developing skills in classroom management and
assessment and how to respond to individual student needs,
abilities, and backgrounds, to early childhood education
providers and teachers in elementary schools or secondary
schools that are not associated with the partnership.
Coordinating with the activities of the Governor, State board
of education, State higher education
[[Page S4307]]
agency, and State educational agency, as appropriate.
``(2) Curriculum preparation.--Supporting preparation time
for early childhood education providers, teachers in
elementary schools or secondary schools, and faculty to
jointly design and implement teacher preparation curricula,
classroom experiences, and ongoing professional development
opportunities that promote the acquisition and continued
growth of teaching skills.
``(3) Communication skills.--Developing strategies and
curriculum-based professional development activities to
enhance prospective teachers' communication skills with
students, parents, colleagues, and other education
professionals.
``(4) Coordination with other institutions of higher
education.--Coordinating with other institutions of higher
education, including community colleges, to implement teacher
preparation programs that support prospective teachers in
obtaining baccalaureate degrees and State certification or
licensure.
``(5) Teacher recruitment.--Activities described in
subsections (d) and (e) of section 204.
``(f) Special Rule.--No individual member of an eligible
partnership shall retain more than 50 percent of the funds
made available to the partnership under this section.
``(g) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using
grant funds to coordinate with the activities of more than 1
Governor, State board of education, State educational agency,
local educational agency, or State agency for higher
education.''.
SEC. 5. RECRUITMENT GRANTS.
Section 204 of the Higher Education Act of 1965 (20 U.S.C.
1024) is amended to read as follows:
``SEC. 204. RECRUITMENT GRANTS.
``(a) Program Authorized.--From amounts made available
under section 211(3) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to
eligible applicants to enable the eligible applicants to
carry out activities described in subsections (d) and (e).
``(b) Eligible Applicant Defined.--In this part, the term
`eligible applicant' means--
``(1) an eligible State described in section 202(b) that
has--
``(A) high teacher shortages or turnover rates; or
``(B) high teacher shortages or turnover rates in high-need
local educational agencies; or
``(2) an eligible partnership described in section 203(b)
that--
``(A) serves not less than 1 high-need local educational
agency with high teacher shortages or turnover rates ;
``(B) serves schools that demonstrate great difficulty
meeting State challenging academic content standards; or
``(C) demonstrates great difficulty meeting the requirement
that teachers be highly qualified.
``(c) Application.--Any eligible applicant desiring to
receive a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require,
including--
``(1) a description of the assessment that the eligible
applicant, and the other entities with whom the eligible
applicant will carry out the grant activities, have
undertaken to determine the most critical needs of the
participating high-need local educational agencies;
``(2) a description of how the eligible applicant will
recruit and retain highly qualified teachers or other
qualified individuals, including principals and early
childhood education providers, or both, who are enrolled in,
accepted to, or plan to participate in teacher preparation
programs or professional development activities, as described
under section 203, in geographic areas of greatest need,
including data on the retention rate, by school, of all
teachers in schools located within the geographic areas
served by the eligible applicant;
``(3) a description of the activities the eligible
applicant will carry out with the grant; and
``(4) a description of the eligible applicant's plan for
continuing the activities carried out with the grant once
Federal funding ceases.
``(d) Required Uses of Funds.--An eligible applicant
receiving a grant under this section shall use the grant
funds--
``(1)(A) to award scholarships to help students pay the
costs of tuition, room, board, and other expenses of
completing a teacher preparation program;
``(B) to provide support services, if needed, to enable
scholarship recipients to complete postsecondary education
programs;
``(C) for followup services (including mentoring and
professional development activities) provided to former
scholarship recipients during the recipients first 3 years of
teaching; and
``(D) in the case where the eligible applicant also
receives a grant under section 203, for support for mentor
teachers who participate in the residency program; or
``(2) to develop and implement effective mechanisms,
including a professional development system and career
ladders, to ensure that high-need local educational agencies,
high-need schools, and early childhood education programs are
able to effectively recruit and retain highly competent early
childhood education providers, highly qualified teachers, and
principals.
``(e) Allowable Use of Funds.--An eligible applicant
receiving a grant under this section may use the grant funds
to carry out the following:
``(1) Outreach.--Conducting outreach and coordinating with
inner city and rural secondary schools to encourage students
to pursue teaching as a career.
``(2) Early childhood education compensation.--For eligible
applicants focusing on early childhood education,
implementing initiatives that increase compensation of early
childhood education providers who attain degrees in early
childhood education.
``(f) Service Requirements.--The Secretary shall establish
such requirements as the Secretary finds necessary to ensure
that recipients of scholarships under this section who
complete teacher education programs subsequently teach in a
high-need local educational agency, for a period of time
equivalent to the period for which the recipients receive
scholarship assistance, or repay the amount of the
scholarship. The Secretary shall use any such repayments to
carry out additional activities under this section.''.
SEC. 6. ADMINISTRATIVE PROVISIONS.
Section 205 of the Higher Education Act of 1965 (20 U.S.C.
1025) is amended--
(1) in subsection (a)--
(A) in the heading, by striking ``One-Time Awards;'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(2) in subsection (b)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by striking paragraph (2) and inserting the following:
``(2) Composition of panel.--The peer review panel shall be
composed of experts who are competent, by virtue of their
training, expertise, or experience, to evaluate applications
for grants under this part. A majority of the panel shall be
composed of individuals who are not employees of the Federal
Government.'';
(C) by inserting after paragraph (2) the following:
``(3) Evaluation and priority.--The peer review panel shall
evaluate the applicants' proposals to improve the current and
future teaching force through program and certification
reforms, teacher preparation program activities (including
implementation and assessment strategies), and professional
development activities described in sections 202, 203, and
204, as appropriate. In recommending applications to the
Secretary for funding under this part, the peer review panel
shall--
``(A) with respect to grants under section 202, give
priority to eligible States that--
``(i) have initiatives to reform State program approval
requirements for teacher preparation programs that are
designed to ensure that current and future teachers are
highly qualified and possess strong teaching skills,
knowledge to assess student academic achievement, and the
ability to use this information in such teachers' classroom
instruction;
``(ii) include innovative reforms to hold institutions of
higher education with teacher preparation programs
accountable for preparing teachers who are highly qualified
and have strong teaching skills; or
``(iii) involve the development of innovative efforts aimed
at reducing the shortage of--
``(I) highly qualified teachers in high-poverty urban and
rural areas; and
``(II) highly qualified teachers in fields with
persistently high teacher shortages, such as special
education;
``(B) with respect to grants under section 203--
``(i) give priority to applications from eligible
partnerships that involve broad participation within the
community, including businesses; and
``(ii) take into consideration--
``(I) providing an equitable geographic distribution of the
grants throughout the United States; and
``(II) the potential of the proposed activities for
creating improvement and positive change; and
``(C) with respect to grants under section 204, give
priority to eligible applicants that have in place, or in
progress, articulation agreements between 2- and 4-year
public and private institutions of higher education and
nonprofit providers of professional development with
demonstrated experience in professional development
activities.''; and
(D) by adding at the end the following:
``(5) Payment of fees and expenses of certain members.--The
Secretary may use available funds appropriated to carry out
this part to pay the expenses and fees of peer review panel
members who are not employees of the Federal Government.'';
and
(c) by striking subsection (e) and inserting the following:
``(e) Technical Assistance.--For each fiscal year, the
Secretary may expend not more than $500,000 or 0.75 percent
of the funds appropriated to carry out this title for such
fiscal year, whichever amount is greater, to provide
technical assistance to States and partnerships receiving
grants under this part.''.
SEC. 7. ACCOUNTABILITY AND EVALUATION.
Section 206 of the Higher Education Act of 1965 (20 U.S.C.
1026) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Committee on Labor and
[[Page S4308]]
Human Resources'' and inserting ``Committee on Health,
Education, Labor, and Pensions'';
(B) in paragraph (2), by striking ``, including,'' and all
that follows through the period and inserting ``as a highly
qualified teacher.'';
(C) in paragraph (3)--
(i) by striking ``highly''; and
(ii) by striking the period at the end and inserting ``that
meet the same standards and criteria of State certification
or licensure programs.'';
(D) by striking paragraph (4) and inserting the following:
``(4) Teacher and provider qualifications.--
``(A) Elementary and secondary school classes.--Increasing
the percentage of elementary school and secondary school
classes taught by teachers--
``(i) who are highly qualified;
``(ii) who have completed preparation programs that provide
such teachers with the scientific knowledge about the
disciplines of teaching, learning, and child and adolescent
development so the teachers understand and use evidence-based
teaching skills to meet the learning needs of all students;
or
``(iii) who have completed a residency program throughout
their first 3 years of teaching that includes mentoring by
faculty who are trained and compensated for their work with
new teachers.
``(B) Early childhood education programs.--Increasing the
percentage of classrooms in early childhood education
programs taught by providers who are highly competent.'';
(E) by striking paragraph (5) and inserting the following:
``(5) Decreasing shortages.--Decreasing shortages of--
``(A) qualified teachers and principals in poor urban and
rural areas; and
``(B) qualified teachers in fields with persistently high
teacher shortages, such as special education.''; and
(F) by striking paragraph (6) and inserting the following:
``(6) Increasing opportunities for professional
development.--Increasing opportunities for enhanced and
ongoing professional development that--
``(A) improves--
``(i) the knowledge and skills of early childhood education
providers;
``(ii) the knowledge of teachers in special education;
``(iii) the knowledge and skills to assess student academic
achievement and use the results of such assessments to
improve instruction; or
``(iv) the knowledge of subject matter or academic content
areas--
``(I) in which the teachers are certified or licensed to
teach; or
``(II) in which the teachers are working toward
certification or licensure to teach;
``(B) promotes strong teaching skills and an understanding
of how to apply scientific knowledge about teaching and
learning to teachers' teaching practice and to teachers'
ongoing classroom assessment of students; and
``(C) provides enhanced instructional leadership and
management skills for principals.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``for'' and inserting ``for teachers, early childhood
education providers, or principals, as appropriate, according
to the needs analysis required under section 203(c)(1),
for''; and
(B) by striking paragraphs (1) through (6) and inserting
the following:
``(1) increased demonstration by program graduates of
teaching skills grounded in scientific knowledge about the
disciplines of teaching and learning;
``(2) increased student achievement for all students as
measured by the partnership, including mechanisms to measure
student achievement due to the specific activities conducted
by the partnership;
``(3) increased teacher retention in the first 3 years of a
teacher's career based, in part, on teacher retention data
collected as described in section 203(c)(3)(H);
``(4) increased success in the pass rate for initial State
certification or licensure of teachers;
``(5) increased percentage of elementary school and
secondary school classes taught by teachers who are highly
qualified;
``(6) increased percentage of early childhood education
program classes taught by providers who are highly competent;
``(7) increased percentage of early childhood education
programs and elementary school and secondary school classes
taught by providers and teachers who demonstrate clinical
judgment, communication, and problem-solving skills resulting
from participation in a residency program;
``(8) increased percentage of qualified special education
teachers;
``(9) increased number of general education teachers
trained in working with students with disabilities, limited-
English proficient students, and students with different
learning styles or other special learning needs;
``(10) increased number of teachers trained in technology;
and
``(11) increased number of teachers, early childhood
education providers, or principals prepared to work
effectively with parents.''; and
(3) in subsection (d)--
(A) by inserting ``, with particular attention to the
reports and evaluations provided by the eligible States and
eligible partnerships pursuant to this section,'' after
``funded under this part''; and
(B) by striking ``Committee on Labor and Human Resources''
and inserting ``Committee on Health, Education, Labor, and
Pensions''.
SEC. 8. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.
Section 207 of the Higher Education Act of 1965 (20 U.S.C.
1027) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively;
(3) in subsection (a), as redesignated by paragraph (2)--
(A) in the matter preceding paragraph (1), by striking ``,
within 2 years'' and all that follows through ``the
following'' and inserting ``, on an annual basis and in a
uniform and comprehensible manner that conforms with the
definitions and reporting methods previously developed for
teacher preparation programs by the Commissioner of the
National Center for Education Statistics, a State report card
on the quality of teacher preparation in the State, which
shall include not less than the following'';
(B) in paragraph (4)--
(i) by striking ``teaching candidates'' and inserting
``prospective teachers''; and
(ii) by striking ``candidate'' and inserting ``prospective
teacher'';
(C) in paragraph (5)--
(i) by striking ``teaching candidates'' and inserting
``prospective teachers'';
(ii) by striking ``teacher candidate'' and inserting
``prospective teacher''; and
(iii) by striking ``candidate's'' and inserting
``teacher's'';
(D) in paragraph (7), by inserting ``how the State has
ensured that the alternative certification routes meet the
same State standards and criteria for teacher certification
or licensure,'' after ``if any,'';
(E) in paragraph (8)--
(i) by striking ``teacher candidate'' and inserting
``prospective teacher''; and
(ii) by inserting ``(including the ability to provide
instruction to diverse student populations, including
students with disabilities, limited-English proficient
students, and students with different learning styles or
other special learning needs)'' after ``skills'';
(F) by adding at the end the following:
``(10) Information on the extent to which teachers or
prospective teachers in each State are prepared to work in
partnership with parents and involve parents in their
children's education.'';
(4) in subsection (b)(1), as redesignated by paragraph
(2)--
(A) by striking ``not later than 6 months of the date of
enactment of the Higher Education Amendments of 1998 and'';
(B) by striking ``subsection (b)'' and inserting
``subsection (a)'';
(C) by striking ``Committee on Labor and Human Resources''
and inserting ``Committee on Health, Education, Labor, and
Pensions''; and
(D) by striking ``not later than 9 months after the date of
enactment of the Higher Education Amendments of 1998'';
(5) in subsection (c)(1), as redesignated by paragraph
(2)--
(A) by striking ``(9) of subsection (b)'' and inserting
``(10) of subsection (a)''; and
(B) by striking ``and made available not later than 2 years
6 months after the date of enactment of the Higher Education
Amendments of 1998 and annually thereafter'' and inserting
``, and made available annually''; and
(6) in subsection (e)(1), as redesignated by paragraph
(2)--
(A) by striking ``not later than 18 months after the date
of enactment of the Higher Education Amendments of 1998 and
annually thereafter, shall report'' and inserting ``shall
report annually''; and
(B) by striking ``methods established under subsection
(a)'' and inserting ``reporting methods developed for teacher
preparation programs''.
SEC. 9. STATE FUNCTIONS.
Section 208 of the Higher Education Act of 1965 (20 U.S.C.
1028) is amended--
(1) in subsection (a)--
(A) by striking ``, not later than 2 years after the date
of enactment of the Higher Education Amendments of 1998,'';
(B) by inserting ``and within entities providing
alternative routes to teacher preparation'' after
``institutions of higher education'';
(C) by inserting ``and entities'' after ``low-performing
institutions'';
(D) by inserting ``and entities'' after ``those
institutions''; and
(E) by striking ``207(b)'' and inserting ``207(a)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Teacher Quality Plan.--In order to receive funds
under this Act, a State shall submit a State teacher quality
plan that--
``(1) details how such funds will ensure that all teachers
are highly qualified; and
``(2) indicates whether each teacher preparation program in
the State that has not been designated as low-performing
under subsection (a) is of sufficient quality to meet all
State standards and produce highly qualified teachers with
the teaching skills needed to teach effectively in the
schools of the State.'';
[[Page S4309]]
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``of Education''; and
(B) in paragraph (2), by striking ``of this Act''; and
(5) in subsection (d), as redesignated by paragraph (2), by
striking ``subsection (b)(2)'' and inserting ``subsection
(c)(2)''.
SEC. 10. ACADEMIES FOR FACULTY EXCELLENCE.
Part A of title II of the Higher Education Act of 1965 (20
U.S.C. 1021 et seq.) is amended--
(1) by redesignating section 210 as section 211; and
(2) by inserting after section 209 the following:
``SEC. 210. ACADEMIES FOR FACULTY EXCELLENCE.
``(a) Program Authorized.--From amounts made available
under subsection (e), the Secretary is authorized to award
grants to eligible entities to enable such entities to create
Academies for Faculty Excellence.
``(b) Eligible Entity.--In this section:
``(1) In general.--The term `eligible entity' means a
consortium composed of institutions of higher education
that--
``(A) award doctoral degrees in education; and
``(B) are partner institutions (as such term is defined in
section 203).
``(2) Inclusions.--The term `eligible entity' may include
the following:
``(A) Institutions of higher education that--
``(i) do not award doctoral degrees in education; and
``(ii) are partner institutions (as such term is defined in
section 203).
``(B) Nonprofit entities with expertise in preparing highly
qualified teachers.
``(c) Application.--An eligible entity desiring to receive
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a description of how the eligible entity will provide
professional development that is grounded in scientifically
based research to faculty;
``(2) evidence that the eligible entity is well versed in
current scientifically based research related to teaching and
learning across content areas and fields;
``(3) a description of the assessment that the eligible
entity will undertake to determine the most critical needs of
the faculty who will be served by the Academies for Faculty
Excellence; and
``(4) a description of the activities the eligible entity
will carry out with grant funds received under this section,
how the entity will include faculty in the activities, and
how the entity will conduct these activities in collaboration
with programs and projects that receive Federal funds from
the Institute of Education Sciences.
``(d) Required Use of Funds.--Each eligible entity that
receives a grant under this section shall use the grant funds
to enhance the caliber of teaching undertaken in preparation
programs for teachers, early childhood education providers,
and principals and other administrators through the
establishment and maintenance of a postdoctoral system of
professional development by carrying out the following:
``(1) Recruitment.--Recruit a faculty of experts who are
knowledgeable about scientifically based research related to
teaching and learning, who have direct experience working
with teachers and students in school settings, who are
capable of implementing scientifically based research to
improve teaching practice and student achievement in school
settings, and who are capable of providing professional
development to faculty and others responsible for preparing
teachers, early childhood education providers, principals,
and administrators.
``(2) Professional development curricula.--Develop a series
of professional development curricula to be used by the
Academies for Faculty Excellence and disseminated broadly to
teacher preparation programs nationwide.
``(3) Professional development experiences.--Support the
development of a range of ongoing professional development
experiences (including the use of the Internet) for faculty
to ensure that such faculty are knowledgeable about effective
evidence-based practice in teaching and learning. Such
experiences shall promote joint faculty activities that link
content and pedagogy.
``(4) Development programs.--Provide fellowships,
scholarships, and stipends for teacher educators to
participate in various faculty development programs offered
by the Academies for Faculty Excellence.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2005 and such sums as may be
necessary for each of the 5 succeeding fiscal years.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 211 of the Higher Education Act of 1965, as
redesignated by section 10, is amended--
(1) by striking ``part $300,000,000 for fiscal year 1999''
and inserting ``part, other than section 210, $500,000,000
for fiscal year 2005'';
(2) by striking ``4 succeeding'' and inserting ``5
succeeding'';
(3) in paragraph (1), by striking ``45'' and inserting
``20'';
(4) in paragraph (2), by striking ``45'' and inserting
``60''; and
(5) in paragraph (3), by striking ``10'' and inserting
``20''.
______
By Mr. REID (for himself, Mr. Chafee, Mrs. Boxer, Mrs. Murray,
Mrs. Clinton, Mr. Corzine, and Mr. Lautenberg):
S. 2336. A bill to expand access to preventive health care services
and education programs that help reduce unintended pregnancy, reduce
infection with sexually transmitted disease, and reduce the number of
abortions; to the Committee on Health, Education, Labor, and Pensions.
Mr. REID. Mr. President, I introduce a bill on behalf of myself, Mr.
Chafee, Mrs. Boxer, Mrs. Murray, Mrs. Clinton, Mr. Corzine, and Mr.
Lautenberg.
We are very fortunate to live in a democratic nation where we can
express our opinions freely. That is what America is all about. We can
attempt to influence the policies of our Government and even criticize
them without fear of retaliation. We can debate important issues
without fear of retaliation by anyone.
One of the most heated debates in the last two decades has been the
issue of abortion. People on both sides of the issue feel extremely
strong. They have argued, demonstrated, and protested with much emotion
and passion. The issue is not going to go away soon. I doubt that one
side will be able to suddenly convince the other to drop its deeply
held beliefs.
However, there is a need and even an opportunity to find common
ground. We can move toward a goal we all share, reducing the number of
unintended pregnancies in America. It is possible. And it is necessary
to come together and enact effective legislation to prevent unintended
pregnancies, reduce the number of abortions performed in this country,
and address the unmet health care needs of American women.
We can only find common ground by being honest with each other. We
can find not only common ground but also common sense solutions in this
legislation which I am introducing entitled ``Putting Prevention
First.'' I am pleased that Senators Chafee, Boxer, Murray, Corzine and
Lautenberg are joining me as cosponsors of this legislation.
The Putting Prevention First Act will help reduce the staggering
rates of unintended pregnancies in America. It will reduce the rate of
infection with sexually transmitted diseases, reduce the number of
abortions, and improve access to health care for women.
Specifically, the Putting Prevention First Act will: No. 1, end
insurance discrimination against women; No. 2, improve awareness and
understanding of emergency contraception; No. 3, ensure that rape
victims have information about emergency contraception and access to
emergency contraception; No. 4, increase funding for the National
Family Planning Program; No. 5, provide funding to allow States to
implement a comprehensive approach to sexuality education that includes
information about both abstinence and contraception; No. 6, expands
teen pregnancy prevention programs; and, No. 7 allows States to expand
Medicaid family planning services to low-income women without having to
apply for a waiver from the Federal Government.
Nationwide, about one-half of all pregnancies are unintended and half
of those end in abortion. This is not just a health problem; it is a
public health tragedy. But it does not have to be this way. Most of the
unintended pregnancies and resulting abortions can be prevented. We
must work together to make that happen, we can find a common ground.
One of the most important steps we can take to prevent unintended
pregnancies is ensuring that American women have access to affordable,
effective contraception.
I have been on national radio call-in shows and talked about
legislation I have worked on with Senator Snowe for so many years to
provide for contraceptive equity. One time, a woman called and said: I
don't believe in contraception. Well, my simple answer to her was: Then
don't use them. But don't prevent others who have different beliefs
from having the ability to use these contraceptives.
Today, numerous forms of safe and highly effective contraception are
[[Page S4310]]
available by prescription. If used correctly, they could greatly reduce
the rate of unintended pregnancies.
One of the greatest obstacles to the use of prescription
contraceptives by American women is their cost. Women are educated.
They know that they work. They simply do not have the money.
Again, on a radio program, a woman called in and said: I have
diabetes. I am pregnant. I didn't want to become pregnant. It is not
good for me. She said: But my husband's insurance doesn't cover the
pill.
It is amazing, but many insurance policies do not cover prescription
contraceptives for women. But they do automatically cover tubal
ligations, vasectomies, abortions, and other such things that are much
more expensive than prescription contraception.
Now, we have made progress. Federal Employees have access to
prescription contraception through the Federal Employees Health
Benefits Program. But we shouldn't limit this benefit to just federal
employees.
We know that women on average earn less than men, and yet they must
pay far more than men for health-related expenses. According to the
Women's Research and Education Institute, women of reproductive age pay
68 percent more in out-of-pocket costs for medical expenses than men,
and, of course, that is largely due to their reproductive health care
needs.
Because many women cannot afford the prescription contraceptives they
would like to use, many go without. Far too often, this results in
unintended pregnancies.
The high cost of prescription contraceptives is not just a problem
for the millions of women without health insurance, but also for
millions of American women who do have health insurance because many
insurance plans that cover prescription drugs do not cover
contraceptives. So women are forced to either do without contraceptives
or pay for them out of pocket and, as I have given an example or two,
many families simply cannot afford it. This is unfair to women and
their families and it is a bad policy because it causes additional
unintended pregnancies and adversely affects the health of women.
Since 1997, Senator Olympia Snowe and I have worked to remedy this
problem. Today, as part of the Putting Prevention First Act, I am again
proposing common-sense legislation that has received bipartisan
support.
The Equity in Prescription Insurance and Contraceptive Coverage Act--
EPICC, as we call it--requires insurance plans that cover prescription
drugs to provide the same coverage for prescription contraceptives. We
are not asking for special treatment, only equitable treatment within
the context of an existing prescription drug benefit. This legislation
is simply the fair thing to do for women.
And making contraception more affordable and more available will
enable more women to use safe and effective means to prevent unintended
pregnancies. As I said, it is a goal we all share.
Contraceptive coverage is much cheaper than other services,
including, as I have said, abortions, sterilizations, and tubal
ligations that insurance companies routinely cover. The Federal
Employee Health Benefits Program, which has provided contraceptive
coverage for several years because of an amendment offered on this
floor, has proved that adding such coverage does not increase the cost
of a plan.
This commonsense, cost-effective legislation is long overdue.
Promoting equity in health insurance coverage for American women, while
working to prevent unintended pregnancies and improve the health of
women, is by any means the right thing to do.
We should also take additional steps that would improve access to
women's health care for poor and low-income women. Public health
programs such as Medicaid and title X provide high-quality family
planning services and other preventive health care to underinsured or
uninsured individuals. Yet these programs are struggling to meet the
growing demand for subsidized family planning services without
corresponding increases in funding.
The Putting Prevention First legislation would increase the
authorization for title X, and it would allow States to expand Medicaid
family planning services to women with incomes of up to 200 percent of
the Federal poverty level without having to apply to the Federal
Government for a waiver.
This commonsense approach has long been championed by Senator Lincoln
Chafee. My friend and cosponsor of this legislation knows that
contraceptive use saves scarce public health dollars. Every $1 spent on
providing family planning services saves an estimated $3 in
expenditures for pregnancy-related and newborn care for Medicaid alone.
The Putting Prevention First Act would increase the awareness and
availability of emergency contraception, an important yet poorly
understood form of contraception. Approved for use by the Food and Drug
Administration, emergency contraception pills work to prevent
pregnancy, and they cannot disrupt or interrupt an established
pregnancy. The emergency contraception pills work to prevent pregnancy,
not to interrupt and disrupt a pregnancy. The availability of emergency
contraception is very important for women who survive a sexual assault.
I can remember a young woman who worked for me, a teenager. She came
to me and said: Could I see you in your office?
I said: Sure. What is the matter?
She said: I was jumped.
She was driving through a part of town alone. Some people pulled her
car over and they raped her. I sent her to another friend of mine who
is an OB/GYN.
It is difficult to imagine the physical, psychological, and emotional
pain endured by a woman who is raped. In addition to the violent
attack, she must also worry about the possibility she could become
pregnant.
The availability of emergency contraception is important for women
who survive a sexual assault. A woman could use emergency contraception
in an emergency, such as if she has been raped and doesn't want to
become pregnant.
Compassion is a word we have heard a lot from political leaders in
recent years. Actions speak louder than words. Surely it would be
compassionate to make emergency contraception available to a woman who
is raped so she doesn't become impregnated by the thug who brutalized
and traumatized her.
The Putting Prevention First Act includes a provision that has been
advocated by Senators Corzine and Murray. This provision would require
hospitals receiving Federal health dollars to provide information about
emergency contraception and make it available to sexual assault
survivors who are treated in the emergency room. Simply put, emergency
contraception should be made available in an emergency room.
Emergency contraception and emergency rooms go hand in hand. Women
who are the victims of rape should be informed of all their options,
including emergency contraception.
If they choose that option, it should be available to them right
then.
Emergency contraception has been studied extensively and is regarded
as a safe and effective method to prevent unintended pregnancies. Its
use has been recommended by leading medical authorities, including the
American Medical Association and the American College of Obstetricians
and Gynecologists. It has been approved by the Food and Drug
Administration. An FDA advisory panel has recommended emergency
contraception be made available without a prescription. This could
prevent 1.7 million unintended pregnancies and 800,000 abortions in
America each year.
Unfortunately, however, emergency contraception remains for the most
part a well-kept secret. Most of the women who would use this to
prevent an unintended pregnancy are unaware of its existence, and they
don't know it is available, if it is available. Even many health care
providers do not understand what emergency contraception is, how it
works, and who can use it.
To reduce unintended pregnancies by raising awareness about emergency
contraception, the Putting Prevention First Act includes a provision
championed by Senator Murray that will provide funding to develop and
distribute information about emergency contraception to public health
organizations, health care providers, and the public. I commend Senator
Murray and appreciate her allowing me to include this in my
legislation.
[[Page S4311]]
These are some of the simple but necessary steps we can and should
take to prevent unintended pregnancies. We should embrace these
measures to protect the health of American women, prevent unintended
pregnancies, and reduce abortion. It is time to put prevention first.
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. 2336
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Putting
Prevention First Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
Sec. 101. Short title.
Sec. 102. Authorization of appropriations.
TITLE II--FAMILY PLANNING STATE EMPOWERMENT
Sec. 201. Short title.
Sec. 202. State option to provide family planning services and supplies
to additional low-income individuals.
Sec. 203. State option to extend the period of eligibility for
provision of family planning services and supplies.
TITLE III--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
Sec. 301. Short title.
Sec. 302. Amendments to Employee Retirement Income Security Act of
1974.
Sec. 303. Amendments to Public Health Service Act relating to the group
market.
Sec. 304. Amendment to Public Health Service Act relating to the
individual market.
TITLE IV--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
Sec. 401. Short title.
Sec. 402. Emergency contraception education and information programs.
TITLE V--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
Sec. 501. Short title.
Sec. 502. Survivors of sexual assault; provision by hospitals of
emergency contraceptives without charge.
TITLE VI--FAMILY LIFE EDUCATION
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Assistance to reduce teen pregnancy, HIV/AIDS, and other
sexually transmitted diseases and to support healthy
adolescent development.
Sec. 604. Sense of Congress.
Sec. 605. Evaluation of programs.
Sec. 606. Definitions.
Sec. 607. Appropriations.
TITLE VII--TEENAGE PREGNANCY PREVENTION
Sec. 701. Short title.
Sec. 702. Teenage pregnancy prevention.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Although the Centers for Disease Control and Prevention
(``CDC'') included family planning in its published list of
the ``Ten Great Public Health Achievements in the 20th
Century'', the United States still has one of the highest
rates of unintended pregnancies among industrialized nations.
(2) Each year, three million pregnancies, nearly half of
all pregnancies, in the United States are unintended; and
half of unintended pregnancies end in abortion.
(3) In 2000, 34 million women--half of all women of
reproductive age (ages 15-44)--were in need of contraceptive
services and supplies to help prevent unintended pregnancy,
and half of those were in need of public support for such
care.
(4) The United States also has the highest rate of
infection with sexually transmitted diseases (``STDs'') of
any industrialized country: in 2000 there were approximately
18.9 million new cases of STDs.
(5) Increasing access to family planning services will
improve women's health and reduce the rates of unintended
pregnancy, abortion, and infection with STDs. Contraceptive
use saves public health dollars: every dollar spent on
providing family planning services, saves an estimated $3 in
expenditures for pregnancy-related and newborn care for
Medicaid alone.
(6) Contraception is basic health care that improves the
health of women and children by enabling women to plan and
space births.
(7) Women experiencing unintended pregnancy are at greater
risks for physical abuse and women having closely spaced
births are at greater risk of maternal death.
(8) The child born from an unintended pregnancy is at
greater risk of low birth weight, dying in the first year of
life, being abused, and not receiving sufficient resources
for healthy development.
(9) The ability to control fertility also allows couples to
achieve economic stability by facilitating greater
educational achievement and participation in the workforce.
(10) The average American woman desires two children and
spends five years of her life pregnant or trying to get
pregnant and roughly 30 years trying to prevent pregnancy;
without contraception, a sexually active woman has an 85
percent chance of becoming pregnant within a year.
(11) Many poor and low-income women cannot afford to
purchase contraceptive services and supplies on their own.
12.1 million or 20 percent of all women aged 15-24 were
uninsured in 2002, and that proportion has increased by 10
percent since 1999.
(12) Public health programs like Medicaid and Title X, the
national family planning program, provide high-quality family
planning services and other preventive health care to
underinsured or uninsured individuals who may otherwise lack
access to health care.
(13) Medicaid is the single largest source of public
funding for family planning services and HIV/AIDS care in the
United States. Half of all public dollars spent on
contraceptive services and supplies in the United States are
provided through Medicaid and approximately 5.5 million women
of reproductive age--nearly one in ten women between the ages
of 15 and 44--rely on Medicaid for their basic health care
needs.
(14) Each year, Title X services enable Americans to
prevent approximately one million unintended pregnancies, and
one in three women of reproductive age who obtains testing or
treatment for STDs does so at a Title X-funded clinic. In
2002, Title X-funded clinics provided three million Pap
tests, 5.2 million STD tests, and 494,000 HIV tests.
(15) The increasing number of uninsured, stagnant funding,
health care inflation, new and expensive contraceptive
technologies, and improved but expensive screening and
treatment for cervical cancer and STDs, have diminished the
ability of Title X funded clinics to adequately serve all
those in need. Taking inflation into account, funding for the
Title X program declined 57 percent between 1980 and 2003.
(16) While Medicaid is the largest source of subsidized
family planning services, many States have had to make
significant cuts in their Medicaid programs due to budget
pressures putting many women at risk of losing coverage for
family planning services.
(17) In addition, eligibility for Medicaid in many States
is severely restricted leaving family planning services
financially out of reach for many poor women. Many States
have demonstrated tremendous success with Medicaid family
planning waivers that allow them to expand access to Medicaid
family planning services. However, the administrative burden
of applying for a waiver poses a significant barrier to
States that would like to expand their Medicaid family
planning programs.
(18) Many private health plans still do not cover
contraceptive services and supplies. The lack of
contraceptive coverage in health insurance plans places many
effective forms of contraception beyond the financial reach
of many women.
(19) Including contraceptive coverage in private health
care plans saves employers money: not covering contraceptives
in employee health plans costs employers 15 to 17 percent
more than providing such coverage.
(20) Emergency contraception is a safe and effective way to
prevent unintended pregnancy after unprotected sex. It is
estimated that the use of emergency contraception could cut
the number of unintended pregnancies in half, thereby
reducing the need for abortion.
(21) In 2000, 51,000 abortions were prevented by use of
emergency contraception; increased use of emergency
contraception accounted for up to 43 percent of the total
decline in abortions between 1994 and 2000.
(22) Access to comprehensive sex education is critical to
reducing rates of unintended pregnancy, abortion, and STD
infection among teens. Over 60 percent of teens have had sex
before they graduate from high school and nine out of ten
people have sex before they get married. 822,000 teenagers
become pregnant each year; 35 percent of teen girls become
pregnant at least once before turning 20; and 78 percent of
teenage pregnancies are unintended. Nearly half (48 percent)
of new STD cases are among people ages 15-24, even though
these youth make up only a quarter of the sexually active
population.
(23) The American Medical Association, the American Nurses
Association, the American Academy of Pediatrics, the American
College of Obstetricians and Gynecologists, the American
Public Health Association, and the Society for Adolescent
Medicine, support responsible sexuality education that
includes information about both abstinence and contraception.
(24) Comprehensive sex education protects adolescent
health. A recent survey found that only 15 percent of
American parents believe that schools should just teach about
abstinence.
(25) A recent study showed that teens who took pledges to
remain virgins until marriage were just as likely to contract
STDs as teens who did not take virginity pledges and that
although teens taking the pledges delayed sexual debut, they
were less likely to use condoms once they were sexually
active.
[[Page S4312]]
(26) Teens who receive sex education that includes
discussion of contraception are more likely than those who
receive abstinence-only messages to delay sex and to have
fewer partners and use contraceptives when they do become
sexually active.
TITLE I--TITLE X OF PUBLIC HEALTH SERVICE ACT
SEC. 101. SHORT TITLE.
This Act may be cited as the ``Title X Family Planning
Services Act of 2004''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of making grants and contracts under
section 1001 of the Public Health Service Act, there are
authorized to be appropriated $643,000,000 for fiscal year
2005, and such sums as may be necessary for each subsequent
fiscal year.
TITLE II--FAMILY PLANNING STATE EMPOWERMENT
SEC. 201. SHORT TITLE.
This Act may be cited as the ``Family Planning State
Empowerment Act''.
SEC. 202. STATE OPTION TO PROVIDE FAMILY PLANNING SERVICES
AND SUPPLIES TO ADDITIONAL LOW-INCOME
INDIVIDUALS.
(a) In General.--Title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) is amended--
(1) by redesignating section 1935 as section 1936; and
(2) by inserting after section 1934 the following:
``state option to provide family planning services and supplies to
additional low-income individuals
``Sec. 1935.
``(a) In General.--A State may elect (through a State plan
amendment) to make medical assistance described in section
1905(a)(4)(C) available to any individual not otherwise
eligible for such assistance--
``(1) whose family income does not exceed an income level
(specified by the State) that does not exceed the greatest
of--
``(A) 200 percent of the income official poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the size
involved;
``(B) in the case of a State that has in effect (as of the
date of the enactment of this section) a waiver under section
1115 to provide such medical assistance to individuals based
on their income level (expressed as a percent of the poverty
line), the eligibility income level as provided under such
waiver; or
``(C) the eligibility income level (expressed as a percent
of such poverty line) that has been specified under the plan
(including under section 1902(r)(2)), for eligibility of
pregnant women for medical assistance; and
``(2) at the option of the State, whose resources do not
exceed a resource level specified by the State, which level
is not more restrictive than the resource level applicable
under the waiver described in paragraph (1)(B) or to pregnant
women under paragraph (1)(C).
``(b) Flexibility.--A State may exercise the authority
under subsection (a) with respect to one or more classes of
individuals described in such subsection.''.
(b) Conforming Amendment.--Section 1905(a) of such Act (42
U.S.C. 1396d(a)) is amended, in the matter before paragraph
(1)--
(1) by striking ``and'' at the end of clause (xii);
(2) by adding ``and'' at the end of clause (xiii); and
(3) by inserting after clause (xiii) the following new
clause:
``(xiv) individuals described in section 1935, but only
with respect to items and services described in paragraph
(4)(C),''.
(c) Effective Date.--The amendments made by this section
apply to medical assistance provided on and after October 1,
2004.
SEC. 203. STATE OPTION TO EXTEND THE PERIOD OF ELIGIBILITY
FOR PROVISION OF FAMILY PLANNING SERVICES AND
SUPPLIES.
(a) In General.--Section 1902(e) of the Social Security Act
(42 U.S.C. 1396a(e)) is amended by adding at the end the
following new paragraph:
``(13) At the option of a State, the State plan may provide
that, in the case of an individual who was eligible for
medical assistance described in section 1905(a)(4)(C), but
who no longer qualifies for such assistance because of an
increase in income or resources or because of the expiration
of a post-partum period, the individual may remain eligible
for such assistance for such period as the State may specify,
but the period of extended eligibility under this paragraph
shall not exceed a continuous period of 24 months for any
individual. The State may apply the previous sentence to one
or more classes of individuals and may vary the period of
extended eligibility with respect to different classes of
individuals.''.
(b) Effective Date.--The amendments made by subsection (a)
apply to medical assistance provided on and after October 1,
2004.
TITLE III--EQUITY IN PRESCRIPTION INSURANCE AND CONTRACEPTIVE COVERAGE
SEC. 301. SHORT TITLE.
This Act may be cited as the ``Equity in Prescription
Insurance and Contraceptive Coverage Act''.
SEC. 302. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY
ACT OF 1974.
(a) In General.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.
``(a) Requirements for Coverage.--A group health plan, and
a health insurance issuer providing health insurance coverage
in connection with a group health plan, may not--
``(1) exclude or restrict benefits for prescription
contraceptive drugs or devices approved by the Food and Drug
Administration, or generic equivalents approved as
substitutable by the Food and Drug Administration, if such
plan or coverage provides benefits for other outpatient
prescription drugs or devices; or
``(2) exclude or restrict benefits for outpatient
contraceptive services if such plan or coverage provides
benefits for other outpatient services provided by a health
care professional (referred to in this section as `outpatient
health care services').
``(b) Prohibitions.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms
of the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than
the minimum protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a health care professional because such
professional prescribed contraceptive drugs or devices, or
provided contraceptive services, described in subsection (a),
in accordance with this section; or
``(4) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from a covered individual contraceptive drugs or
devices, or contraceptive services, described in subsection
(a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
``(i) benefits for contraceptive drugs under the plan or
coverage, except that such a deductible, coinsurance, or
other cost-sharing or limitation for any such drug shall be
consistent with those imposed for other outpatient
prescription drugs otherwise covered under the plan or
coverage;
``(ii) benefits for contraceptive devices under the plan or
coverage, except that such a deductible, coinsurance, or
other cost-sharing or limitation for any such device shall be
consistent with those imposed for other outpatient
prescription devices otherwise covered under the plan or
coverage; and
``(iii) benefits for outpatient contraceptive services
under the plan or coverage, except that such a deductible,
coinsurance, or other cost-sharing or limitation for any such
service shall be consistent with those imposed for other
outpatient health care services otherwise covered under the
plan or coverage;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational contraceptive drugs or devices, or
experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the
plan or issuer provides coverage for other experimental or
investigational outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services; or
``(C) as modifying, diminishing, or limiting the rights or
protections of an individual under any other Federal law.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or device,
restricting the type of health care professionals that may
prescribe such drugs or devices, utilization review
provisions, and limits on the volume of prescription drugs or
devices that may be obtained on the basis of a single
consultation with a professional; or
``(B) in the case of an outpatient contraceptive service,
restricting the type of health care professionals that may
provide such services, utilization review provisions,
requirements relating to second opinions prior to the
coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
``(d) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan, except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.
``(e) Preemption.--Nothing in this section shall be
construed to preempt any provision of State law to the extent
that such State
[[Page S4313]]
law establishes, implements, or continues in effect any
standard or requirement that provides coverage or protections
for participants or beneficiaries that are greater than the
coverage or protections provided under this section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations,
procedures, and medical services, provided on an outpatient
basis and related to the use of contraceptive methods
(including natural family planning) to prevent an unintended
pregnancy. ''.
(b) Clerical Amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001) is amended by inserting after the item relating
to section 713 the following:
``Sec. 714. Standards relating to benefits for contraceptives.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to plan years beginning on or after
January 1, 2005.
SEC. 303. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT RELATING TO
THE GROUP MARKET.
(a) In General.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.
``(a) Requirements for Coverage.--A group health plan, and
a health insurance issuer providing health insurance coverage
in connection with a group health plan, may not--
``(1) exclude or restrict benefits for prescription
contraceptive drugs or devices approved by the Food and Drug
Administration, or generic equivalents approved as
substitutable by the Food and Drug Administration, if such
plan or coverage provides benefits for other outpatient
prescription drugs or devices; or
``(2) exclude or restrict benefits for outpatient
contraceptive services if such plan or coverage provides
benefits for other outpatient services provided by a health
care professional (referred to in this section as `outpatient
health care services').
``(b) Prohibitions.--A group health plan, and a health
insurance issuer providing health insurance coverage in
connection with a group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms
of the plan because of the individual's or enrollee's use or
potential use of items or services that are covered in
accordance with the requirements of this section;
``(2) provide monetary payments or rebates to a covered
individual to encourage such individual to accept less than
the minimum protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of a health care professional because such
professional prescribed contraceptive drugs or devices, or
provided contraceptive services, described in subsection (a),
in accordance with this section; or
``(4) provide incentives (monetary or otherwise) to a
health care professional to induce such professional to
withhold from covered individual contraceptive drugs or
devices, or contraceptive services, described in subsection
(a).
``(c) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed--
``(A) as preventing a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan from imposing
deductibles, coinsurance, or other cost-sharing or
limitations in relation to--
``(i) benefits for contraceptive drugs under the plan or
coverage, except that such a deductible, coinsurance, or
other cost-sharing or limitation for any such drug shall be
consistent with those imposed for other outpatient
prescription drugs otherwise covered under the plan or
coverage;
``(ii) benefits for contraceptive devices under the plan or
coverage, except that such a deductible, coinsurance, or
other cost-sharing or limitation for any such device shall be
consistent with those imposed for other outpatient
prescription devices otherwise covered under the plan or
coverage; and
``(iii) benefits for outpatient contraceptive services
under the plan or coverage, except that such a deductible,
coinsurance, or other cost-sharing or limitation for any such
service shall be consistent with those imposed for other
outpatient health care services otherwise covered under the
plan or coverage;
``(B) as requiring a group health plan and a health
insurance issuer providing health insurance coverage in
connection with a group health plan to cover experimental or
investigational contraceptive drugs or devices, or
experimental or investigational contraceptive services,
described in subsection (a), except to the extent that the
plan or issuer provides coverage for other experimental or
investigational outpatient prescription drugs or devices, or
experimental or investigational outpatient health care
services; or
``(C) as modifying, diminishing, or limiting the rights or
protections of an individual under any other Federal law.
``(2) Limitations.--As used in paragraph (1), the term
`limitation' includes--
``(A) in the case of a contraceptive drug or device,
restricting the type of health care professionals that may
prescribe such drugs or devices, utilization review
provisions, and limits on the volume of prescription drugs or
devices that may be obtained on the basis of a single
consultation with a professional; or
``(B) in the case of an outpatient contraceptive service,
restricting the type of health care professionals that may
provide such services, utilization review provisions,
requirements relating to second opinions prior to the
coverage of such services, and requirements relating to
preauthorizations prior to the coverage of such services.
``(d) Notice.--A group health plan under this part shall
comply with the notice requirement under section 714(d) of
the Employee Retirement Income Security Act of 1974 with
respect to the requirements of this section as if such
section applied to such plan.
``(e) Preemption.--Nothing in this section shall be
construed to preempt any provision of State law to the extent
that such State law establishes, implements, or continues in
effect any standard or requirement that provides coverage or
protections for enrollees that are greater than the coverage
or protections provided under this section.
``(f) Definition.--In this section, the term `outpatient
contraceptive services' means consultations, examinations,
procedures, and medical services, provided on an outpatient
basis and related to the use of contraceptive methods
(including natural family planning) to prevent an unintended
pregnancy.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to group health plans for plan years
beginning on or after January 1, 2005.
SEC. 304. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RELATING TO
THE INDIVIDUAL MARKET.
(a) In General.--Part B of title XXVII of the Public Health
Service Act (42 U.S.C. 300gg-41 et seq.) is amended--
(1) by redesignating the first subpart 3 (relating to other
requirements) as subpart 2; and
(2) by adding at the end of subpart 2 the following:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR
CONTRACEPTIVES.
``The provisions of section 2707 shall apply to health
insurance coverage offered by a health insurance issuer in
the individual market in the same manner as they apply to
health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or
large group market.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after January 1, 2005.
TITLE IV--EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
SEC. 401. SHORT TITLE.
This Act may be cited as the ``Emergency Contraception
Education Act''.
SEC. 402. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION
PROGRAMS.
(a) Definitions.--For purposes of this section:
(1) Emergency contraception.--The term ``emergency
contraception'' means a drug or device (as the terms are
defined in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321)) or a drug regimen that is--
(A) used after sexual relations; and
(B) prevents pregnancy, by preventing ovulation,
fertilization of an egg, or implantation of an egg in a
uterus.
(2) Health care provider.--The term ``health care
provider'' means an individual who is licensed or certified
under State law to provide health care services and who is
operating within the scope of such license.
(3) Institution of higher education.--The term
``institution of higher education'' has the same meaning
given such term in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Emergency Contraception Public Education Program.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
develop and disseminate to the public information on
emergency contraception.
(2) Dissemination.--The Secretary may disseminate
information under paragraph (1) directly or through
arrangements with nonprofit organizations, consumer groups,
institutions of higher education, Federal, State, or local
agencies, clinics and the media.
(3) Information.--The information disseminated under
paragraph (1) shall include, at a minimum, a description of
emergency contraception, and an explanation of the use,
safety, efficacy, and availability of such contraception.
(c) Emergency Contraception Information Program for Health
Care Providers.--
(1) In general.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and in consultation with major medical and
public health organizations, shall develop and disseminate to
health care providers information on emergency contraception.
(2) Information.--The information disseminated under
paragraph (1) shall include, at a minimum--
[[Page S4314]]
(A) information describing the use, safety, efficacy and
availability of emergency contraception;
(B) a recommendation regarding the use of such
contraception in appropriate cases; and
(C) information explaining how to obtain copies of the
information developed under subsection (b), for distribution
to the patients of the providers.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of the fiscal years 2005 through 2009.
TITLE V--COMPASSIONATE ASSISTANCE FOR RAPE EMERGENCIES
SEC. 501. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for
Rape Emergencies Act''.
SEC. 502. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS
OF EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a
hospital under any health-related program, unless the
hospital meets the conditions specified in subsection (b) in
the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by
someone who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual
assault.
(b) Assistance for Victims.--The conditions specified in
this subsection regarding a hospital and a woman described in
subsection (a) are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception does not cause an abortion; and
(B) emergency contraception is effective in most cases in
preventing pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her on
her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) used postcoitally;
(B) prevents pregnancy by delaying ovulation, preventing
fertilization of an egg, or preventing implantation of an egg
in a uterus; and
(C) is approved by the Food and Drug Administration.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity
to consent.
(d) Effective Date; Agency Criteria.--This section takes
effect upon the expiration of the 180-day period beginning on
the date of enactment of this Act. Not later than 30 days
prior to the expiration of such period, the Secretary shall
publish in the Federal Register criteria for carrying out
this section.
TITLE VI--FAMILY LIFE EDUCATION
SEC. 601. SHORT TITLE.
This Act may be cited as the ``Family Life Education Act''.
SEC. 602. FINDINGS.
The Congress finds as follows:
(1) The American Medical Association (``AMA''), the
American Nurses Association (``ANA''), the American Academy
of Pediatrics (``AAP''), the American College of
Obstetricians and Gynecologists (``ACOG''), the American
Public Health Association (``APHA''), and the Society of
Adolescent Medicine (``SAM''), support responsible sexuality
education that includes information about both abstinence and
contraception.
(2) Recent scientific reports by the Institute of Medicine,
the American Medical Association and the Office on National
AIDS Policy stress the need for sexuality education that
includes messages about abstinence and provides young people
with information about contraception for the prevention of
teen pregnancy, HIV/AIDS and other sexually transmitted
diseases (``STDs'').
(3) Research shows that teenagers who receive sexuality
education that includes discussion of contraception are more
likely than those who receive abstinence-only messages to
delay sexual activity and to use contraceptives when they do
become sexually active.
(4) Comprehensive sexuality education programs respect the
diversity of values and beliefs represented in the community
and will complement and augment the sexuality education
children receive from their families.
(5) The median age of puberty is 13 years and the average
age of marriage is over 26 years old. American teens need
access to full, complete, and medically and factually
accurate information regarding sexuality, including
contraception, STD/HIV prevention, and abstinence.
(6) Although teen pregnancy rates are decreasing, there are
still between 750,000 and 850,000 teen pregnancies each year.
Between 75 and 90 percent of teen pregnancies among 15- to
19-year olds are unintended.
(7) Research shows that 75 percent of the decrease in teen
pregnancy between 1988 and 1995 was due to improved
contraceptive use, while 25 percent was due to increased
abstinence.
(8) More than eight out of ten Americans believe that young
people should have information about abstinence and
protecting themselves from unplanned pregnancies and sexually
transmitted diseases.
(9) United States teens acquire an estimated 4,000,000
sexually transmitted infections each year. By age 24, at
least one in three sexually active people will have
contracted a sexually transmitted disease.
(10) An average of two young people in the United States
are infected with HIV every hour of every day. African
Americans and Hispanic youth have been disproportionately
affected by the HIV/AIDS epidemic. Although less than 16
percent of the adolescent population in the United States is
African American, nearly 50 percent of AIDS cases through
June 2000 among 13- to 19-year olds were among Blacks.
Hispanics comprise 13 percent of the population and 20
percent of the reported adolescent AIDS cases though June
2000.
SEC. 603. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND
OTHER SEXUALLY TRANSMITTED DISEASES AND TO
SUPPORT HEALTHY ADOLESCENT DEVELOPMENT.
(a) In General.--Each eligible State shall be entitled to
receive from the Secretary of Health and Human Services, for
each of the fiscal years 2005 through 2009, a grant to
conduct programs of family life education, including
education on both abstinence and contraception for the
prevention of teenage pregnancy and sexually transmitted
diseases, including HIV/AIDS.
(b) Requirements for Family Life Programs.--For purposes of
this title, a program of family life education is a program
that--
(1) is age-appropriate and medically accurate;
(2) does not teach or promote religion;
(3) teaches that abstinence is the only sure way to avoid
pregnancy or sexually transmitted diseases;
(4) stresses the value of abstinence while not ignoring
those young people who have had or are having sexual
intercourse;
(5) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means
to prevent pregnancy;
(6) provides information about the health benefits and side
effects of all contraceptives and barrier methods as a means
to reduce the risk of contracting sexually transmitted
diseases, including HIV/AIDS;
(7) encourages family communication about sexuality between
parent and child;
(8) teaches young people the skills to make responsible
decisions about sexuality, including how to avoid unwanted
verbal, physical, and sexual advances and how not to make
unwanted verbal, physical, and sexual advances; and
(9) teaches young people how alcohol and drug use can
effect responsible decisionmaking.
(c) Additional Activities.--In carrying out a program of
family life education, a State may expend a grant under
subsection (a) to carry out educational and motivational
activities that help young people--
(1) gain knowledge about the physical, emotional,
biological, and hormonal changes of adolescence and
subsequent stages of human maturation;
(2) develop the knowledge and skills necessary to ensure
and protect their sexual and reproductive health from
unintended pregnancy and sexually transmitted disease,
including HIV/AIDS throughout their lifespan;
(3) gain knowledge about the specific involvement of and
male responsibility in sexual decisionmaking;
(4) develop healthy attitudes and values about adolescent
growth and development, body image, gender roles, racial and
ethnic diversity, sexual orientation, and other subjects;
(5) develop and practice healthy life skills including
goal-setting, decisionmaking, negotiation, communication, and
stress management;
(6) promote self-esteem and positive interpersonal skills
focusing on relationship dynamics, including, but not limited
to, friendships, dating, romantic involvement, marriage and
family interactions; and
(7) prepare for the adult world by focusing on educational
and career success, including developing skills for
employment preparation, job seeking, independent living,
financial self-sufficiency, and workplace productivity.
SEC. 604. SENSE OF CONGRESS.
It is the sense of Congress that while States are not
required to provide matching funds, they are encouraged to do
so.
[[Page S4315]]
SEC. 605. EVALUATION OF PROGRAMS.
(a) In General.--For the purpose of evaluating the
effectiveness of programs of family life education carried
out with a grant under section 603, evaluations of such
program shall be carried out in accordance with subsections
(b) and (c).
(b) National Evaluation.--
(1) In general.--The Secretary shall provide for a national
evaluation of a representative sample of programs of family
life education carried out with grants under section 603. A
condition for the receipt of such a grant is that the State
involved agree to cooperate with the evaluation. The purposes
of the national evaluation shall be the determination of--
(A) the effectiveness of such programs in helping to delay
the initiation of sexual intercourse and other high-risk
behaviors;
(B) the effectiveness of such programs in preventing
adolescent pregnancy;
(C) the effectiveness of such programs in preventing
sexually transmitted disease, including HIV/AIDS;
(D) the effectiveness of such programs in increasing
contraceptive knowledge and contraceptive behaviors when
sexual intercourse occurs; and
(E) a list of best practices based upon essential
programmatic components of evaluated programs that have led
to success in subparagraphs (A) through (D).
(2) Report.--A report providing the results of the national
evaluation under paragraph (1) shall be submitted to the
Congress not later than March 31, 2008, with an interim
report provided on a yearly basis at the end of each fiscal
year.
(c) Individual State Evaluations.--
(1) In general.--A condition for the receipt of a grant
under section 603 is that the State involved agree to provide
for the evaluation of the programs of family education
carried out with the grant in accordance with the following:
(A) The evaluation will be conducted by an external,
independent entity.
(B) The purposes of the evaluation will be the
determination of--
(i) the effectiveness of such programs in helping to delay
the initiation of sexual intercourse and other high-risk
behaviors;
(ii) the effectiveness of such programs in preventing
adolescent pregnancy;
(iii) the effectiveness of such programs in preventing
sexually transmitted disease, including HIV/AIDS; and
(iv) the effectiveness of such programs in increasing
contraceptive knowledge and contraceptive behaviors when
sexual intercourse occurs.
(2) Use of grant.--A condition for the receipt of a grant
under section 603 is that the State involved agree that not
more than 10 percent of the grant will be expended for the
evaluation under paragraph (1).
SEC. 606. DEFINITIONS.
For purposes of this title:
(1) The term ``eligible State'' means a State that submits
to the Secretary an application for a grant under section 603
that is in such form, is made in such manner, and contains
such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this title.
(2) The term ``HIV/AIDS'' means the human immunodeficiency
virus, and includes acquired immune deficiency syndrome.
(3) The term ``medically accurate'', with respect to
information, means information that is supported by research,
recognized as accurate and objective by leading medical,
psychological, psychiatric, and public health organizations
and agencies, and where relevant, published in peer review
journals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 607. APPROPRIATIONS.
(a) In General.--For the purpose of carrying out this
title, there is authorized to be appropriated $100,000,000
for each of the fiscal years 2005 through 2009.
(b) Allocations.--Of the amounts appropriated under
subsection (a) for a fiscal year--
(1) not more than 7 percent may be used for the
administrative expenses of the Secretary in carrying out this
title for that fiscal year; and
(2) not more than 10 percent may be used for the national
evaluation under section 605(b).
TITLE VII--TEENAGE PREGNANCY PREVENTION
SEC. 701. SHORT TITLE.
This Act may be cited as the ``Preventing Teen Pregnancy
Act''.
SEC. 702. TEENAGE PREGNANCY PREVENTION.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by inserting after section
399N the following section:
``SEC. 399O. TEENAGE PREGNANCY PREVENTION GRANTS.
``(a) Authority.--The Secretary may award on a competitive
basis grants to public and private entities to establish or
expand teenage pregnancy prevention programs.
``(b) Grant Recipients.--Grant recipients under this
section may include State and local not-for-profit coalitions
working to prevent teenage pregnancy, State, local, and
tribal agencies, schools, entities that provide afterschool
programs, and community and faith-based groups.
``(c) Priority.--In selecting grant recipients under this
section, the Secretary shall give--
``(1) highest priority to applicants seeking assistance for
programs targeting communities or populations in which--
``(A) teenage pregnancy or birth rates are higher than the
corresponding State average; or
``(B) teenage pregnancy or birth rates are increasing; and
``(2) priority to applicants seeking assistance for
programs that--
``(A) will benefit underserved or at-risk populations such
as young males or immigrant youths; or
``(B) will take advantage of other available resources and
be coordinated with other programs that serve youth, such as
workforce development and after school programs.
``(d) Use of Funds.--Funds received by an entity as a grant
under this section shall be used for programs that--
``(1) replicate or substantially incorporate the elements
of one or more teenage pregnancy prevention programs that
have been proven (on the basis of rigorous scientific
research) to delay sexual intercourse or sexual activity,
increase condom or contraceptive use (without increasing
sexual activity), or reduce teenage pregnancy; and
``(2) incorporate one or more of the following strategies
for preventing teenage pregnancy: encouraging teenagers to
delay sexual activity; sex and HIV education; interventions
for sexually active teenagers; preventive health services;
youth development programs; service learning programs; and
outreach or media programs.
``(e) Complete Information.--Programs receiving funds under
this section that choose to provide information on HIV/AIDS
or contraception or both must provide information that is
complete and medically accurate.
``(f) Relation to Abstinence-Only Programs.--Funds under
this section are not intended for use by abstinence-only
education programs. Abstinence-only education programs that
receive Federal funds through the Maternal and Child Health
Block Grant, the Administration for Children and Families,
the Adolescent Family Life Program, and any other program
that uses the definition of `abstinence education' found in
section 510(b) of the Social Security Act are ineligible for
funding.
``(g) Applications.--Each entity seeking a grant under this
section shall submit an application to the Secretary at such
time and in such manner as the Secretary may require.
``(h) Matching Funds.--
``(1) In general.--The Secretary may not award a grant to
an applicant for a program under this section unless the
applicant demonstrates that it will pay, from funds derived
from non-Federal sources, at least 25 percent of the cost of
the program.
``(2) Applicant's share.--The applicant's share of the cost
of a program shall be provided in cash or in kind.
``(i) Supplementation of Funds.--An entity that receives
funds as a grant under this section shall use the funds to
supplement and not supplant funds that would otherwise be
available to the entity for teenage pregnancy prevention.
``(j) Evaluations.--
``(1) In general.--The Secretary shall--
``(A) conduct or provide for a rigorous evaluation of 10
percent of programs for which a grant is awarded under this
section;
``(B) collect basic data on each program for which a grant
is awarded under this section; and
``(C) upon completion of the evaluations referred to in
subparagraph (A), submit to the Congress a report that
includes a detailed statement on the effectiveness of grants
under this section.
``(2) Cooperation by grantees.--Each grant recipient under
this section shall provide such information and cooperation
as may be required for an evaluation under paragraph (1).
``(k) Definition.--For purposes of this section, the term
`rigorous scientific research' means based on a program
evaluation that:
``(1) Measured impact on sexual or contraceptive behavior,
pregnancy or childbearing.
``(2) Employed an experimental or quasi-experimental design
with well-constructed and appropriate comparison groups.
``(3) Had a sample size large enough (at least 100 in the
combined treatment and control group) and a follow-up
interval long enough (at least six months) to draw valid
conclusions about impact.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$20,000,000 for fiscal year 2005, and such sums as may be
necessary for each subsequent fiscal year. In addition, there
are authorized to be appropriated for evaluations under
subsection (j) such sums as may be necessary for fiscal year
2005 and each subsequent fiscal year.''.
______
By Ms. STABENOW (for herself and Mr. Levin):
S. 2337. A bill to establish a grant program to support coastal and
water quality restoration activities in States bordering the Great
Lakes, and for other purposes; to the Committee on Commerce, Science,
and Transportation.
Ms. STABENOW. Mr. President, I rise today to introduce the Great
Lakes Community Restoration Act.
Before I discuss the bill, I want to say that it is extremely fitting
that we are discussing the restoration of the Great Lakes, because
today is Earth
[[Page S4316]]
Day. Earth Day is a time to reflect on the environmental gains we have
made, and to challenge ourselves with a new environmental commitment
for the future. Our environmental and natural resources are not merely
important, they are vital to our future health and survival. The Great
Lakes are one of our Nation's most precious and vital natural
resources. I believe it is extremely important that we have a strong
Federal, State and local commitment to protect them.
The Great Lakes contain one-fifth of the world's fresh water, and
supply safe drinking water to thirty-three million people, including 10
million people who rely on Lake Michigan alone. The Great Lakes'
coastlines are home to wetlands, dunes, and endangered plants and
species. Lake Michigan alone contains over 417 coastal wetlands, the
most of any Great Lake. Millions of people use the Great Lakes each
year for recreation, enjoying beaches, good fishing and boating. The
latest estimate shows that recreational fishing totals a $1.5 billion
boost to Michigan's tourist economy alone.
However, it takes a real Federal, State, and local partnership to
maintain this critical natural resource. Unfortunately, there are
several environmental threats to the Great Lakes that we need to
address. These include cleaning up contaminated sediments and
pollutants that are affecting the Great Lakes ecosystem. During last
year's electricity blackout, 650 pounds of vinyl chloride were dumped
into the St. Clair River. This past February, another serious chemical
spill occurred, dumping approximately 42,000 gallons of methyl ethyl
ketone and methyl isobutyl ketone into the river, and forcing the
shutdown of 10 drinking water plants. Last summer alone, 81 beaches in
Michigan were closed due to elevated E coli levels. This contamination
affects our water supply, our recreation and tourism, and Michigan's
overall economy.
The Great Lakes have also been inundated with invasive species. Over
the past century, more than 87 non-indigenous aquatic species have been
accidentally introduced into the Great Lakes. They have damaged the
lakes in a number of ways. They have destroyed thousands of fish and
threatened our clean drinking water. For example, Lake Michigan once
housed the largest self-producing lake trout fishery in the world. The
invasive sea lamprey, which was introduced from ballast water almost 80
years ago has fed-on and greatly contributed to the decline of trout
and whitefish in the Great Lakes. Today, lake trout must be stocked
because it cannot naturally reproduce in the lakes. These invasive
species also cause damage to our community water and sewer systems.
Michigan also is home to over 120 lighthouses, more than any other
State in the Nation. The oldest Michigan lighthouses date back to the
1820s. These lighthouses are an inseparable part of Michigan's identity
and cultural history. Unfortunately, many of our lighthouses are poorly
maintained and in grave need of repair. In order to preserve our
history and heritage of the Great Lakes, it is imperative that we
maintain our lighthouses.
As I mentioned before, protecting the Great Lakes requires a
coordinated effort at all levels of government. However, our local
communities are the ones who are immediately affected by these
problems, both environmentally and economically.
That is why I have introduced the Great Lakes Community Restoration
Act. The Act will provide $400 million directly to local communities to
help protect and restore the Great Lakes coastal region. NOAA will
award the grant for local projects, such as repair of sewer systems
damaged by invasive species, lighthouse restoration, and the local
cleanup of water pollution and sediments.
Protecting the Great Lakes requires a Federal, State and local
partnership, and this Act will provide local communities with the
resources they need to continue their vital stewardship of the Great
Lakes.
______
By Mr. BOND (for himself, Mr. Kennedy, and Mr. Johnson):
S. 2338. A bill to amend the Public Health Service Act to provide for
arthritis research and public health, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is an honor to join my colleagues,
Senator Christopher Bond and Senator Tim Johnson, in introducing the
Arthritis Prevention, Control, and Cure Act of 2004. Senator Bond has
been outstanding in his leadership and support of this bipartisan
legislation, which is a product of the untiring efforts of many leaders
in the arthritis community including patients, families, and health
care providers. The goal of this legislation is to lessen the burden of
arthritis and other rheumatic diseases on citizens across our Nation.
Seventy million adults in the United States now suffer from arthritis
or related conditions. Of these, one in three is under 65. Over 300,000
are children who struggle each day to get out of bed, go to school, and
play with their friends. Arthritis accounts for 4 million days of
hospital care ach year. It costs $51 million in annual medical care,
and $86 million more is lost in productivity. Arthritis is an
overwhelming and debilitating hardship for countless families across
the Nation.
In recent years, increasing effective research into the prevention
and treatment of arthritis has led to measures that successfully reduce
pain and improve the quality of life for millions who suffer with this
disease. Cooperative efforts at every level have led to the development
of a National Arthritis Action Plan, with emphasis on public health
strategies to make timely information and medical care much more widely
available across the country. However, the commitment to implement
these important public health approaches has been very limited so far.
Advances in research and treatment reach less than 1 percent of people
with arthritis. We need to do much more to bring the highest quality of
care to those with arthritis and other rheumatic diseases.
Our legislation will reduce the burden of unnecessary suffering for
our citizens by supporting implementation of effective strategies to
carry out the National Arthritis Action Plan. That means support for
comprehensive arthritis control and prevention programs. It means the
development of arthritis education and outreach activities, and more
research on the best ways to prevent and treat the illness at various
ages.
It also means developing better care and treatment for children with
arthritis and rheumatic diseases. We include planning grants to support
innovative research on juvenile arthritis. We support training for
health care providers specializing in pediatric rheumatology, so that
all children will have greater access to physicians trained in state-
of-the-art care for arthritis.
This legislation will improve the quality of life for large numbers
of adults and children, and avoid thousands of dollars in medical costs
for each patient. Millions of our fellow citizens will have greater
access to the best available information and medical care to prevent
and treat this debilitating disease. I urge our colleagues to support
this timely and needed legislation.
Mr. JOHNSON. Mr. President, today I join a bipartisan group of
Senators in introducing the Arthritis Prevention, Control and Cure Act
of 2004. This legislation is so important to addressing arthritis and
chronic joint problems which are the leading causes of disability in
the United States impacting nearly 70 million adults. I want to thank
Senators Kennedy and Bond who have been working hard on this
legislation over the last year.
The prevalence of chronic diseases in the U.S. have become the most
significant public health problem of our current day. The beginning of
the last century raised many infectious disease public health problems.
But safe drinking water, clean working conditions and modern medicines
have changed the public health dynamics. While we do need to continue
to be concerned about newly emerging infectious diseases such as SARS
and West Nile Virus, the biggest threat to our health as a nation is
the impact of chronic diseases. It is estimated that by the year 2020,
157 million Americans will suffer from some chronic illness. Whether it
be asthma, diabetes, heart disease or arthritis, these conditions are
costly to our health care system and erode quality of life.
[[Page S4317]]
Arthritis and other rheumatic diseases are among the most common
conditions in the United States, diminishing mental health and imposing
significant limitations on daily activities. One out of every 3, or
nearly 70 million adults in the United States suffer from arthritis or
chronic joint symptoms. In my home State, approximately 173,000 adults
suffer from the disease, or 31 percent of the adult population.
Arthritis is exceeded only by heart disease as a cause of work
disability. In addition, nearly 300,000 children in the United States,
or 3 children out of every 1,000, have some form of arthritis or other
rheumatic disease. The costs associated with arthritis are immense. The
disease results in 750,000 hospitalizations, 44 million outpatient
visits and 4 million days of hospital care every year. The estimated
total costs of arthritis in the U.S., including lost productivity
exceeds $86 billion.
While the current impact of the disease is quite astounding, there is
much that can be done to prevent and control arthritis. Despite myths
that inaccurately portray this illness as an old persons disease, some
forms of arthritis, such as osteoarthritis, can be prevented with
weight control and other precautions. More broadly, the pain and
disability accompanying all types of arthritis can be minimized through
early diagnosis and appropriate disease management. There are many
interventions that have been proven effective in reducing the burden of
this disease, but unfortunately up until this point, those strategies
have been underutilized.
The National Arthritis Action Plan, developed by the Centers for
Disease Control or CDC, Arthritis Foundation and the Association of
State and Territorial Health Officials, put forward a comprehensive
strategy to meet the challenged of addressing arthritis. This
legislation puts the action plan into law, directing the CDC and
National Institutes of Health to formalize the intentions of that
action plan.
This legislation enhances support for the implementation of public
health strategies consistent with the National Arthritis Action Plan.
Through the CDC, the legislation will implement comprehensive arthritis
control and prevention programs, developing arthritis education and
outreach activities, and conducting research on prevention and
treatment across the lifespan. It also includes planning grants in
support of innovative research related to juvenile arthritis and
supports health care provider training for those specializing in
pediatric rheumatology. This bill will also assure that the National
Arthritis Action Plan is implemented in a systematic way, and
guarantees continued focus on quality research and care for adults and
children who suffer from this debilitating disease.
The bill provides funds for local demonstration projects, including
community-based and patient self-management programs for arthritis
control, prevention and care. State and tribal grants will also be made
available for comprehensive prevention programs administered by state
health departments. While CDC does provide for some grants currently,
it is my hope that by moving this legislation forward, eventually, all
states will have comprehensive arthritis programs to meet the
increasing need.
I want to again thank Senators Kennedy and Bond for their leadership
on this issue. I urge my colleagues to support this important bill.
______
By Mr. CORZINE (for himself, Mr. Lautenberg, Ms. Stabenow, and
Ms. Mikulski):
S. 2339. A bill to amend part D of title XVIII of the Social Security
Act to improve the coordination of prescription drug coverage provided
under retiree plans and State pharmaceutical assistance programs with
the prescription drug benefit provided under the medicare program, and
for other purposes; to the Committee on Finance.
Mr. CORZINE. Mr. President, I rise today along with my colleagues,
Senators Lautenberg, Stabenow, and Mikulski, to introduce legislation,
the Preserving Access to Affordable Drugs (PAAD) Act. This legislation
is essential to ensuring that no senior who has existing prescription
drug coverage receives less coverage once the Medicare prescription
drug program goes into effect.
The Congressional Budget Office has estimated that as many as 1.7
million retirees could lose their employer-based prescription drug
benefits as a result of the new Medicare prescription drug benefit.
Also as a result of the new law, hundreds of thousands of seniors
currently enrolled in state pharmacy assistance programs (SPAPs) will
be forced out of those programs and into a private Medicare drug plan.
Additionally, approximately six million seniors who are dually eligible
for Medicare and Medicaid will lose access to their Medicaid
prescription drug benefits, which are more generous and provide greater
access to a variety of drugs than the Medicare benefit will. And,
despite the fact that the new Medicare law has huge gaps in coverage,
seniors who choose to enroll in the new drug benefit will be prohibited
from purchasing Medigap coverage to pay for prescription drugs not
covered by the new Medicare benefit.
No senior should be made worse off by the new Medicare law. The law
should expand benefits--not rescind them. The PAAD Act will make
critical changes to the Medicare law to ensure that the above-mentioned
benefits are safeguarded.
First, the PAAD Act will preserve retiree prescription drug benefits
by allowing employer contributions to count towards the out of pocket
threshold. Under the Medicare law, retirees with employer-based
coverage would receive less of a subsidy from Medicare than seniors
without such coverage. This lower subsidy creates a disincentive to
employers to continue to provide these benefits and will lead to a
significant reduction in employer-based benefits. The PAAD Act will
ensure that employer-based plans receive the same subsidization as the
Medicare prescription drug plans.
Second, the PAAD Act will restore language that I added to the
Senate-passed Medicare bill to allow states with pharmaceutical
assistance programs to administer the Medicare prescription drug
benefit to Medicare beneficiaries enrolled in these programs. This will
ensure a seamless transition for these seniors and will ensure that
they maintain the generous prescription drug coverage that many states,
including New Jersey, offer.
Third, the PAAD Act will enable states to supplement the Medicare
prescription drug benefit for the neediest Medicare beneficiaries,
those dually-eligible for the Medicaid program. Under current law,
Medicaid wraps around Medicare, paying for copayments and premiums, for
those beneficiaries who are extremely sick and poor. Under the new
Medicare law, states will be prohibited from using Medicaid to wrap
around the Medicare drug benefit for these seniors, stripping them of
access to needed prescription drugs. The PAAD Act will ensure that
states can provide supplemental Medicaid prescription drug coverage to
complement the Medicare drug benefit for seniors who are dually
eligible for Medicare and Medicaid.
Fourth, the PAAD Act will restore seniors' access to supplemental
drug benefits through the Medigap program. Seniors should be allowed to
improve the Medicare drug benefit if they so choose.
Finally, the PAAD Act will also eliminate the risky demonstration
program to privatize Medicare, a program which if not eliminated is
likely to impact my state of New Jersey. Under the new Medicare law,
seniors who live in areas where a large number of seniors are enrolled
in Medicare managed care plans could end up in this privatization
scheme. This new program is slated to go into effect in 2010. But, if
it were to go into effect today, Gloucester, Burlington, Camden and
Salem Counties in New Jersey would likely be chosen to participate in
it.
One of the goals of medicine is to do no harm. The new Medicare law
violates that tenet. My legislation is critical to preserving and
protecting existing prescription drug coverage while expanding it to
those who currently lack such coverage. I look forward to working with
my colleagues to pass this legislation and improve prescription drug
benefits for all seniors.
______
By Mr. BINGAMAN (for himself, Mr. Kennedy, and Mr. Reed):
S. 2340. A bill to reauthorize title II of the Higher Education Act
of 1965; to the Committee on Health, Education, Labor, and Pensions.
[[Page S4318]]
Mr. BINGAMAN. Mr. President, I rise today to introduce the Capacity
to Learn for All Students and Schools (CLASS) Act of 2004, along with
Senators Kennedy and Reed, to ensure that all of our students receive
the high quality of instruction they need and deserve. We know that
teacher quality is the single most important factor in determining the
success of our school children. Children who consistently have access
to good teachers are more likely to do well academically; those who do
not are more likely to fall behind.
As the son of two former teachers, I am well aware of the
satisfactions and challenges that accompany a career in teaching. I
have been a long-time and strong supporter of our devoted teachers and
our public schools. Over the years, I have visited many schools
throughout my home State of New Mexico and spoken with countless
students and teachers. I frequently have witnessed the dedication of
our teachers in preparing young people to lead meaningful and
productive adult lives.
So many of us can look back on our own student years and recall a
special teacher whose passion for learning ignited a similar passion in
us, whose high standards caused us to set higher standards for
ourselves, and whose commitment to education provided a model for our
own lives. We need to ensure that all children have access to such
special teachers. Many other Senators share my interest in this issue,
including my colleagues on the HELP Committee. In fact, I am pleased to
be introducing this bill along with the Senior Senator from Rhode
Island. Senator Reed's PRREP Act is a great complement to the CLASS
Act, and I look forward to working with him and other members of the
Committee as we proceed toward reauthorization of the Higher Education
Act.
The current act authorizes three types of competitively awarded
grants: State Grants, Partnership Grants, and Recruitment Grants. The
CLASS Act significantly increases funding for these programs,
strengthens the provisions of the current law, and expands the learning
and teaching capacity of students, teachers, and schools. I want to
mention some of our critical educational needs and explain how the
CLASS Act addresses those needs.
First, we need to ensure that all teachers are highly qualified, have
strong teaching skills, understand scientifically based research and
its applicability, and can use technology effectively in the classroom.
The preparation afforded prospective teachers must enable them to meet
the varied needs of our nation's students, of our schools and
institutions of higher education, and of our competitive workforce.
The CLASS Act will address this need in a number of ways. For
example, the CLASS Act establishes Academic Teaching Centers (ATCs).
The ATCs provide a setting--a model teaching laboratory--for the
integration of education and training, research, and evidence-based
practice for teacher candidates, university professors, and master
teachers. Modeled on academic health centers, ATCs offer prospective
teachers with a system of practice-based support at initial levels of
preparation, training during the first years of practice, and continued
support in maintaining high levels of skill mastery. The ATC provides a
clinical setting with an education and research mission, mentorship by
expert practitioners, cross-pollination between practice and research,
and high-quality services for its K-12 students.
The CLASS Act also authorizes a Professional Development Program
(PDP) that encourages states to pursue alignment with National Board
for Professional Teaching Standards, a tiered licensure system,
multiple career paths, and opportunities for professional growth. The
PDP will improve teacher recruitment and retention by increasing the
attractiveness of a teaching career, encouraging teachers to enhance
their competencies and skills, and reinforcing their efforts to advance
in their profession. The CLASS Act also encourages clinical, field,
induction, mentoring, and other professional development experiences.
Further, the CLASS Act requires rigorous standards for teacher
certification or licensure designed to enhance teacher quality and to
ensure that all prospective teachers meet the same high State
standards. The act also expands programs that prepare prospective
teachers to use advanced technology.
Second, we need to empower teachers and schools to provide access for
all students to a high-quality general education curriculum, including
minorities, students in high-need schools, and students with
disabilities and limited-English proficiency. Our teachers need to be
able to provide effective instruction to diverse student populations
and to address special learning needs. We also need to recruit new
teachers from underrepresented groups and to increase access to
certification or licensure for other qualified individuals.
The CLASS Act will address this need by creating Centers of
Excellence. The Centers of Excellence will increase minority teacher
and principal recruitment, development, and retention. The act will
also prepare teachers to provide access to the general education
curriculum for all students, including students with disabilities and
limited-English proficiency.
Third, we need to enhance the ability of schools, districts, and
states to collect, analyze, and utilize data to improve schools and
programs and to fulfill the requirements of No Child Left Behind and
the Higher Education Act. Good data and data systems are the bedrock on
which accountability is built. Yet present data and data systems are
too often inadequate to meet the needs of our schools, districts,
states, and nation. For example, in 2003 the General Accounting Office
reported that states did not have complete or consistent criteria to
determine the number of highly qualified teachers and that state data
systems did not track the federal criteria.
The CLASS Act will address this need by strengthening accountability
through improved assessment procedures that are valid and reliable, are
aligned with reporting requirements, and allow for accurate and
consistent reporting. The CLASS Act will also require a State-level
needs assessment for Teacher Enhancement Grants to identify areas of
greatest need and to specify a timetable for meeting identified needs.
The needs assessment will assist States to identify teacher production
needs in high-need academic subjects, such as mathematics and science;
in high-need services, such as special education, bilingual education,
and early childhood education; in high-need rural and urban areas; and
in high-poverty, high-minority, and low-performing schools.
Further, the CLASS Act will create data systems designed to improve
public education, including enhancing teacher preparation programs.
State educational agencies can apply for new Data Systems Grants that
enable them to develop or expand data systems that have the capacity to
integrate and coordinate individual student data from educational and
employment settings; to conduct analyses necessary for evaluating
programs and policies and identifying best practices; and to facilitate
alignment among schools, institutions of higher education, and
employment settings. These data systems also allow teacher preparation
programs to follow graduates as they proceed toward certification or
licensure and into the classroom.
Fourth, we need to improve teacher recruitment and retention. Each
year, more of the nation's teachers leave the field than enter the
profession. In fact, approximately one-third of teachers leave the
field during their first 3 years, and almost half leave during their
first 5 years. Moreover, the overall turnover rate for teachers in
high-poverty areas is almost a third higher than the rate for all
teachers. Some of our schools, such as the rural schools in New Mexico,
face unique challenges in recruiting and retaining highly qualified
teachers. These challenges include low salaries, geographic and social
isolation, housing shortages, poor physical working conditions, a
paucity of teacher preparation programs targeted to rural schools,
limited opportunities for professional development, and the necessity
for teachers to teach more than one grade or subject.
The CLASS Act will address this need in the following ways. Among
other initiatives, the act will fund a wide range of teacher
recruitment and retention strategies designed to put--and keep--highly
qualified teachers in every classroom, including induction
[[Page S4319]]
and mentoring for beginning teachers and ongoing opportunities for
professional growth and advancement.
Importantly, the CLASS Act will also create the Rural Education
Recruitment and Retention Program to address the needs of rural
districts by funding a range of recruitment strategies, such as tuition
assistance, loan forgiveness, housing assistance, and financial
incentives for working in areas of greatest need; as well as retention
strategies, such as mentoring programs and ongoing opportunities for
professional growth and advancement. In addition, the act encourages
partnerships designed to meet the needs of rural schools.
Fifth, we need to better prepare students for postsecondary education
and a competitive workforce. According to recent data, a majority of
college professors and employers rate high school graduates' skills in
spelling, grammar, writing, and math as only fair or poor. Too many
students leave high school ill-prepared to meet the requirements of
postsecondary education or the demands of high-skilled, high-wage
employment. Half of all students entering higher education take at
least one remedial course, and, according to the U.S. Chamber of
Commerce, employers frequently report difficulty in finding qualified
workers who have satisfactory skills. High school graduation
requirements are often not aligned with the requirements governing
college admission, obtaining a job, or enrolling in credit-bearing
courses once in college. High school curricula and assessments often
stress different knowledge and skills than are required by college
entrance and placement requirements.
The CLASS Act will address this need by creating the data systems
described above that are designed to improve public education and to
facilitate alignment among schools, institutions of higher education,
and employment settings. These systems will have the capacity to
integrate and coordinate individual student data from educational and
employment settings. The CLASS Act will also support programs that
provide special certification in advanced placement (AP)-level or
international baccalaureate (IB)-level content and pedagogy.
In conclusion, I would like to say that I am very pleased to
introduce a bill designed to ensure that all of our students are taught
by highly qualified and effective teachers. No task is more important.
Each child who falls behind diminishes the power of our society's
future. I hope you will all join me in reinforcing our national
commitment to teacher preparation and teacher quality.
I ask unanimous consent that the text of the bill and a summary be
printed in the Record.
There being no objection, the bill and summary were ordered to be
printed in the Record, as follows:
S. 2340
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 ``Capacity to Learn for All
Students and Schools Act''.
SEC. 2. TEACHER QUALITY ENHANCEMENT.
(a) Teacher Quality Enhancement Grants for States and
Partnerships.--Part A of title II of the Higher Education Act
of 1965 (20 U.S.C. 1021 et seq.) is amended to read as
follows:
``PART A--TEACHER QUALITY ENHANCEMENT GRANTS FOR STATES AND
PARTNERSHIPS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student academic achievement;
``(2) increase the size and scope of programs funded under
this part to ensure that all teachers are highly qualified;
``(3) hold institutions of higher education accountable for
preparing teachers who are highly qualified, have the
necessary teaching skills, and are trained in the effective
uses of technology in the classroom;
``(4) recruit and retain individuals who--
``(A) increase the diversity of the workforce;
``(B) teach high-need academic subjects, such as
mathematics and science;
``(C) provide high-need services, such as special
education, bilingual education, and early childhood
education;
``(D) serve in high-need areas, such as rural and urban
communities;
``(E) meet the needs of high-poverty, high-minority, and
low-performing schools; and
``(F) are prepared to provide access to the general
education curriculum for all students, including students
with disabilities and students with limited-English
proficiency;
``(5) enhance the quality of the current and future
teaching force by improving the preparation of prospective
teachers and expanding professional development activities;
``(6) ensure that all teachers, regardless of their route
to the profession, meet the same rigorous State standards for
certification or licensure;
``(7) encourage learning partnerships among parents,
community members, and educators that lead to improved
student academic achievement; and
``(8) promote collaboration among college and university
faculty and administrators, elementary school and secondary
school teachers and administrators, State educational
agencies, teacher and education organizations, and
organizations representing the scientific disciplines
associated with teaching and learning.
``(b) Definitions.--In this part:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers 1 or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
``(B) when referring to a specific academic subject matter
area, the disciplines or content areas in which academic
majors are offered by the arts and science organizational
unit.
``(2) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(3) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency in which--
``(A)(i) 15 percent of the students served by the agency
are from families with incomes below the poverty line;
``(ii) there are more than 5,000 students served by the
agency from families with incomes below the poverty line; or
``(iii) there are less than 600 students in average daily
attendance in all the schools that are served by the agency
and each of the schools served by the agency is designated
with a school locale code of 7 or 8, as determined by the
Secretary; and
``(B)(i) there is a high percentage of teachers who are not
highly qualified; or
``(ii) there is a high teacher turnover rate.
``(4) High-need school.--The term `high-need school' means
a public elementary school or secondary school--
``(A) in which there is a high concentration of students
from families with incomes below the poverty line; or
``(B) that is identified as in need of school improvement
or corrective action pursuant to section 1116 of the
Elementary and Secondary Education Act of 1965.
``(5) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(6) Parent.--The term `parent' has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(7) Parental involvement.--The term `parental
involvement' has the meaning given such term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(8) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
``(9) Professional development.--The term `professional
development' has the meaning given such term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(10) Scientifically based research.--The term
`scientifically based research' has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(11) Teaching skills.--The term `teaching skills' means
skills--
``(A) grounded in the science of teaching and learning that
teachers use to create effective instruction in subject
matter content and that lead to student achievement and the
ability to apply knowledge; and
``(B) that require an understanding of the learning process
itself, including an understanding of--
``(i) the use of strategies specific to the subject matter;
``(ii) ongoing assessment of student learning and the use
of such assessment for evaluation of curriculum and
instructional practices;
``(iii) identification of individual differences in ability
and instructional needs;
``(iv) the use of strategies that will meet the
instructional needs of students with disabilities and
students with limited-English proficiency;
``(v) classroom management; and
``(vi) interaction with parents and others to promote
student learning.
``SEC. 202. STATE GRANTS.
``(a) Grants Authorized.--From amounts made available under
section 211(1) for a fiscal year, the Secretary is authorized
to award grants under this section, on a competitive basis,
to eligible States to enable
[[Page S4320]]
the eligible States to carry out 1 or more activities
authorized under subsection (d) for the following purposes:
``(1) Enhancing teacher preparation, licensure or
certification programs, recruitment, or retention.
``(2) Developing or expanding data systems designed to
collect, analyze, and utilize data for the purpose of
improving public education, including enhancing teacher
preparation.
``(3) Increasing opportunities for professional
development.
``(b) Eligible State.--
``(1) Definition.--In this part, the term `eligible State'
means a State educational agency.
``(2) Consultation.--The State educational agency shall
consult with the Governor, State board of education, or State
higher education agency, as appropriate, with respect to the
activities assisted under this section.
``(3) Construction.--Nothing in this subsection shall be
construed to negate or supersede the legal authority under
State law of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the
agency, entity, or official.
``(c) Application.--To be eligible to receive a grant under
this section, an eligible State shall, at the time of the
initial grant application, submit an application to the
Secretary that--
``(1) meets the requirements of this section;
``(2) demonstrates that the State is in full compliance
with the relevant provisions of sections 208 and 209;
``(3) demonstrates that the State has developed a plan that
includes steps described in section 1111(b)(8)(C) of the
Elementary and Secondary Education Act of 1965;
``(4) includes a State-level needs assessment to identify
areas of greatest need related to--
``(A) teacher production--
``(i) in high-need academic subjects, such as mathematics
and science;
``(ii) in high-need services, such as special education,
bilingual education, and early childhood education; and
``(iii) among underrepresented groups, including
minorities;
``(B) the instructional needs of students with disabilities
and students with limited-English proficiency;
``(C) teachers who are not highly qualified or who teach
out of field;
``(D) high-poverty, high-minority, or low-performing, or
all of such, schools;
``(E) teacher retention;
``(F) professional development; and
``(G) instructional technology;
``(5) specifies measurable objectives based on the State-
level needs assessment, as well as a timetable for achieving
these objectives;
``(6) reflects knowledge of scientifically based principles
of learning in State standards;
``(7) includes a plan for achieving the specified
objectives;
``(8) includes a description of how the eligible State
intends to use funds provided under this section to address
the needs identified in subparagraph (D); and
``(9) contains such other information and assurances as the
Secretary may require.
``(d) Uses of Funds.--
``(1) Uses of funds for teacher enhancement grants.--
``(A) Required uses of funds.--An eligible State that
receives a grant under this section to carry out the purposes
of subsection (a)(1) shall use the grant funds for both of
the following:
``(i) Rigorous and aligned teacher certification or
licensure programs.--Ensuring that--
``(I) the State's teacher certification or licensure
program is rigorous and meets high State-determined standards
that are grounded in scientifically based research about how
students learn;
``(II) the State's program approval standards are aligned
with kindergarten through grade 12 curriculum standards and
State teacher licensure standards;
``(III) teachers are highly qualified and have the
necessary teaching skills; and
``(IV) teacher certification and licensure assessments
are--
``(aa) used for purposes for which such assessments are
valid and reliable;
``(bb) consistent with relevant, nationally recognized
professional and technical standards; and
``(cc) aligned with the reporting requirements of sections
207 and 208.
``(ii) Recruitment and retention.--Developing and
implementing effective mechanisms to ensure that local
educational agencies and schools are able to--
``(I) recruit and retain highly qualified teachers;
``(II) address identified needs concerned with--
``(aa) underrepresented groups;
``(bb) high-need academic subjects, such as mathematics and
science;
``(cc) high-need services, such as special education,
bilingual education, and early childhood education;
``(dd) high-need areas, such as rural and urban
communities;
``(ee) high-need schools, including those with high rates
of teacher turnover; and
``(ff) students with disabilities and students with
limited-English proficiency;
``(III) offer mentoring programs for new teachers during
such teachers' first 3 years of teaching; and
``(IV) provide access to ongoing professional development
opportunities for teachers and administrators.
``(B) Allowable uses of funds.--In addition to the
requirements of subparagraph (A), an eligible State that
receives a grant under this section to carry out the purposes
of subsection (a)(1) may use grant funds for the following:
``(i) Reforms.--Implementing reforms that hold institutions
of higher education with teacher preparation programs
accountable for preparing teachers who are highly qualified,
possess strong teaching skills, are able to understand
scientifically based research and its applicability, and are
able to use technology effectively in the classroom.
``(ii) Alternative routes to certification for teaching.--
Providing prospective teachers with alternative routes to
State certification or licensure that--
``(I) enhance access to certification or licensure for
qualified individuals, including mid-career professionals
from other occupations, paraprofessionals, former military
personnel, and recent college graduates with distinguished
academic records;
``(II) impart the necessary academic content to produce
highly qualified teachers;
``(III) impart the necessary teaching skills;
``(IV) demonstrate that all teachers, regardless of their
route to the profession, meet the same rigorous State
standards; and
``(V) provide mentoring and support during the teachers'
initial years of teaching, as well as training and
compensation for such activities.
``(iii) Pilot studies.--In collaboration with teacher
preparation programs (including alternative routes to
certification) that agree to participate, and using a data
system consistent with paragraph (2) unless the State already
has sufficient information system capacity to support pilot
studies with 1 or more programs, conducting pilot studies
designed to develop and evaluate procedures that can provide
credible and persuasive evidence that graduates of teacher
preparation programs (including those who complete
alternative routes to certification) are effective at
improving student achievement, including using funds for--
``(I) efforts to assess the impact of teacher preparation
program graduates on student achievement;
``(II) identification of specific practices that lead to
consistent student achievement gains;
``(III) identification of variables that can influence
student achievement; and
``(IV) development of mechanisms for leaders of
institutions of higher education to make use of the
information identified in subclauses (I), (II), and (III) for
purposes of teacher preparation program improvement.
``(iv) Special certification for prospective advanced
placement teachers.--Developing and implementing teacher
preparation programs that provide special certification in
advanced placement (AP) level or international baccalaureate
(IB) level content and pedagogy, including undergraduate
specializations in in-depth study of subject-specific content
and practical pedagogical experience through student
teaching, and master's degree level programs that lead to a
master's degree in AP level or IB level content.
``(v) Social promotion.--Development and implementation of
efforts to address the problem of social promotion and to
prepare teachers to effectively address the issues raised by
ending the practice of social promotion.
``(2) Use of funds for data systems grants.--An eligible
State that receives a grant under this section to carry out
the purposes of subsection (a)(2) shall use the grant funds
to develop or expand data systems. The data systems shall do
each of the following:
``(A) Enable the eligible State to--
``(i) integrate and coordinate the analysis of individual
student-level data from multiple data systems, including data
from kindergarten through grade 12 education, postsecondary
education, and employment;
``(ii) conduct analyses necessary to help educators
evaluate programs and policies, identify and study best
practices, and continuously improve schools and programs; and
``(iii) facilitate alignment and coordination between
kindergarten through grade 12 schools and institutions of
higher education, and between institutions of higher
education and postgraduate employment settings.
``(B) Have the ability to match, compare, or track, as
appropriate--
``(i) individual records of the same student over time;
``(ii) an individual student with an individual teacher;
``(iii) kindergarten through grade 12 data and higher
education data;
``(iv) higher education data and postgraduate data; and
``(v) all of the data systems to State employment records.
``(C) Include a State data audit process to ensure accurate
and complete information.
``(D) Be designed so as not to infringe on the established
privacy rights of students, teachers, and employees.
``(3) Use of funds for professional development program
grants.--An eligible State that receives a grant under this
section to carry out the purposes of subsection (a)(3) may
use the grant funds to carry out any of the following
activities:
[[Page S4321]]
``(A) Aligning State teacher standards with those of the
National Board for Professional Teaching Standards.
``(B) Developing a progressive career system in which
highly qualified teachers who pursue advanced licensure
levels are required to demonstrate increased competencies and
undertake increased responsibilities, for increased
compensation, as they progress through levels such as the
following:
``(i) Level I: an initial license issued for the first 3
years of teaching that gives a beginning highly qualified
teacher the opportunity, through a formal induction program,
to progress to Level II.
``(ii) Level II: a professional license given to an
experienced teacher whose performance has been satisfactory
during such teacher's first 3 years of teaching.
``(iii) Level III: a master license for those teachers
who--
``(I) obtain advanced credentials as board-certified
teachers, exemplary teachers, master teachers, or other
advanced credentials;
``(II) choose to advance as instructional leaders in the
teaching profession and undertake greater responsibilities,
such as curriculum development, peer intervention, and
mentoring; or
``(III) demonstrate exceptional effectiveness in helping
students learn.
``(C) Developing multiple career paths for teachers, such
as highly qualified mentor teachers or exemplary teachers.
``(D) Providing opportunities for professional growth, such
as special certification in advanced placement or
international baccalaureate content and pedagogy.
``(E) Subsidizing candidates who pursue advanced
credentials.
``(F) Providing financial incentives, such as a bonus or
higher salary, for teachers who obtain advanced credentials.
``(e) Rule of Construction.--Nothing in subsection (d)(2)
shall be construed to authorize the public release or
publication of personally identifying information.
``SEC. 203. PARTNERSHIP GRANTS.
``(a) Grants.--From amounts made available under section
211(2) for a fiscal year, and not reserved under such
section, the Secretary is authorized to award grants under
this section, on a competitive basis, to eligible
partnerships to enable the eligible partnerships to carry out
the activities described in subsections (d) and (e).
``(b) Definitions.--
``(1) Eligible partnership.--In this part, the term
`eligible partnership' means an entity that--
``(A) shall include--
``(i) a partner institution;
``(ii) a school of arts and sciences; and
``(iii) a high-need local educational agency; and
``(B) may include a Governor, State educational agency, the
State board of education, the State agency for higher
education, an institution of higher education not described
in subparagraph (A), a community college, a public charter
school, a public or private elementary school or secondary
school, an educational service agency, a public or private
nonprofit educational organization, a business, a teacher
organization, or a prekindergarten program.
``(2) Partner institution.--In this section, the term
`partner institution' means a private independent or State-
supported public institution of higher education, the teacher
preparation program of which demonstrates that--
``(A) graduates from the teacher preparation program who
intend to enter the field of teaching exhibit strong
performance on State-determined qualifying assessments and
are highly qualified; or
``(B) the teacher preparation program requires all the
students of the program to participate in intensive clinical
experience to meet high academic standards, to possess strong
teaching skills, and to become highly qualified.
``(c) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall--
``(1) contain a needs assessment of all the partners with
respect to teaching and learning and a description of how the
partnership will coordinate with other teacher preparation or
professional development programs, and how the activities of
the partnership will be consistent with State, local, and
other education reform activities that promote student
achievement;
``(2) contain a resource assessment that describes the
resources available to the partnership, the intended use of
the grant funds, including a description of how the grant
funds will be fairly distributed in accordance with
subsection (f), and the commitment of the resources of the
partnership to the activities assisted under this part,
including financial support, faculty participation, time
commitments, and continuation of the activities when the
grant ends; and
``(3) contain a description of--
``(A) how the partnership will meet the purposes of this
part;
``(B) how the partnership will carry out the activities
required under subsection (d) and any permissible activities
under subsection (e); and
``(C) the partnership's evaluation plan pursuant to section
207(b).
``(d) Required Uses of Funds.--An eligible partnership that
receives a grant under this section shall use the grant funds
to carry out each of the following activities:
``(1) Reforms.--Implementing reforms within teacher
preparation programs to hold the programs accountable for
preparing teachers who are highly qualified, have strong
teaching skills, are able to understand scientifically based
research and its applicability, and are able to use
technology effectively in the classroom.
``(2) Clinical experience and interaction.--Providing
sustained and high quality preservice and in-service clinical
experience in school settings, including the mentoring of
prospective teachers by exemplary teachers, substantially
increasing interaction between faculty at institutions of
higher education and new and experienced teachers,
principals, and other administrators at elementary schools or
secondary schools, and providing support, including training
and compensation, for such interaction.
``(3) Professional development.--Creating opportunities for
enhanced and ongoing professional development for teacher
educators and other school personnel.
``(4) Teacher preparation and parental involvement.--
Preparing teachers with the knowledge and skills to--
``(A) provide instruction to diverse student populations,
including individuals with different learning styles,
disabilities, limited-English proficiency, and special
learning needs;
``(B) implement gap-closing instructional strategies, as
appropriate;
``(C) manage and improve student behavior in the classroom;
``(D) work with and involve parents in their children's
education; and
``(E) use technology effectively in the classroom.
``(e) Allowable Uses of Funds.--An eligible partnership
that receives a grant under this section may use such funds
to carry out any of the following activities:
``(1) Development of alternative routes to state
certification.--Developing or refining alternative route
programs that provide prospective teachers with the necessary
teaching skills and that lead to State certification.
``(2) Dissemination and coordination.--Broadly
disseminating information on effective practices used by the
partnership, and coordinating with the activities of the
Governor, State board of education, State higher education
agency, and State educational agency, as appropriate.
``(3) Managerial and leadership skills.--Developing and
implementing proven mechanisms to provide teacher leaders,
principals, and superintendents with effective managerial and
leadership skills that result in increased student
achievement.
``(4) Teacher recruitment.--Activities described in section
204(d).
``(5) Teacher mentoring.--Developing a teacher mentoring
program that offers mentoring for teachers in their first 3
years of teaching, including requiring rigorous
qualifications for mentors, providing training and stipends
for mentors, providing opportunities for mentors and mentees
to observe each other's teaching methods in classroom
settings during the school day, and establishing an
evaluation and accountability plan for mentoring activities.
``(6) Professional development.--Creating opportunities for
enhanced and ongoing professional development throughout the
educational continuum for new teachers, teachers already in
the classroom, paraprofessionals, and school administrators
that leads to a steady increase in mastery of content
knowledge and the repertoire of effective teaching,
assessment, and leadership skills. Such professional
development shall include specially developed opportunities
for mid-career enhancement.
``(7) Coordination with other institutions of higher
education.--Coordinating with other institutions of higher
education, including community colleges, to implement teacher
preparation programs that support prospective teachers in
obtaining baccalaureate degrees and State certification or
licensure.
``(8) Field experience in mathematics, science, and
technology.--Creating opportunities for teachers and
prospective teachers for field experience and training
through participation in professional business, research, and
work environments in areas relating to mathematics, science,
and technology.
``(9) Teacher preparation enhancement internship.--
Developing a 1-year paid internship program for prospective
teachers who have completed a teacher preparation program at
an institution of higher learning to enable such prospective
teachers to acquire the skills and experience necessary for
success in teaching, including providing intensive clinical
training and combining in-service instruction in teacher
methods and assessments with classroom observations,
experiences, and practices. Such interns shall have a reduced
teaching load and a mentor for assistance in the classroom.
``(10) School/higher education partnerships.--Developing
new models of teacher preparation that--
``(A) involve partnerships between schools and institutions
of higher education;
``(B) meet the requirements listed in subsection (d)(4);
and
``(C) offer leadership preparation that incorporates
recruitment, high-quality clinical experience, field
experiences, mentoring, and professional development.
[[Page S4322]]
``(f) Special Rule.--No individual member of an eligible
partnership shall retain more than 50 percent of the funds
made available to the partnership under this section.
``(g) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using
grant funds to coordinate with the activities of more than 1
Governor, State board of education, State educational agency,
local educational agency, or State agency for higher
education.
``SEC. 204. TEACHER RECRUITMENT GRANTS.
``(a) Program Authorized.--From amounts made available
under section 211(3) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to
eligible applicants to enable the eligible applicants to
carry out activities described in subsection (d).
``(b) Eligible Applicant Defined.--In this section, the
term `eligible applicant' means--
``(1) an eligible State described in section 202(b); or
``(2) an eligible partnership described in section 203.
``(c) Application.--Any eligible applicant desiring to
receive a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing such information as the Secretary may require,
including--
``(1) a description of the assessment that the eligible
applicant, and the other entities with whom the eligible
applicant will carry out the grant activities, have
undertaken to determine the most critical teaching needs of
the participating high-need local educational agencies;
``(2) a description of the activities the eligible
applicant will carry out with the grant and how such
activities will address the identified needs; and
``(3) a description of the eligible applicant's plan for
continuing the activities carried out with the grant, once
Federal funding ceases.
``(d) Uses of Funds.--Each eligible applicant receiving a
grant under this section shall use the grant funds--
``(1) to assist prospective and current teachers by
providing--
``(A) scholarships to help prospective teachers pay the
costs of tuition, room, board, and other expenses of
completing a teacher preparation program;
``(B) support services, if needed, to enable scholarship
recipients to complete postsecondary education programs;
``(C) opportunities for teachers who are not highly
qualified to become highly qualified through coursework,
credentialing courses, or other mechanisms; and
``(D) followup services to former scholarship recipients
during such recipients' first 3 years of teaching, including
providing mentoring by teachers who receive training and
compensation for the teachers' services; or
``(2) to develop and implement effective mechanisms,
including financial incentives, to ensure that high-need
local educational agencies and high-need schools are able to
effectively recruit and retain highly qualified teachers.
``(e) Service Requirements.--The Secretary shall establish
such requirements as the Secretary finds necessary to ensure
that recipients of scholarships under this section who
complete teacher preparation programs subsequently teach in a
high-need local educational agency, for a period of time
equivalent to the period for which the recipients receive
scholarship assistance, or repay the amount of the
scholarship. The Secretary shall use any such repayments to
carry out additional activities under this section.
``(f) Rural Education Recruitment and Retention Program.--
``(1) Findings.--Congress finds that rural school districts
face unique challenges in fulfilling the requirement that all
teachers be highly qualified, including challenges such as
low salaries, geographic and social isolation, housing
shortages, poor physical working conditions, a paucity of
teacher preparation programs targeted to rural schools,
limited opportunities for professional development, and the
necessity for teachers to teach more than 1 grade or subject.
``(2) Program authorized.--From amounts made available
under section 211(3) for a fiscal year, the Secretary is
authorized to award grants, on a competitive basis, to
eligible applicants for the purpose of addressing the teacher
recruitment and retention needs of eligible rural school
districts and consortia of eligible rural school districts.
``(3) Eligibility.--In this subsection, the term `eligible
rural school district' means a school district--
``(A) with a total of less than 600 students in average
daily attendance at the schools that are served by the
district; and
``(B) each of whose schools is designated with a school
locale code of 7 or 8.
``(4) Application.--An eligible applicant that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(5) Use of funds.--An eligible applicant that receives a
grant under this subsection may use the grant funds to
address the needs of eligible rural school districts through
implementing--
``(A) incentive teacher recruitment strategies, including
tuition assistance, student loan forgiveness, housing
assistance, a signing bonus, local programs that develop
recruitment strategies for secondary school students wanting
to return to the community as teachers, and a higher salary
or bonus for teaching high-need academic subjects, providing
high-need services, or teaching in high-need schools;
``(B) nonincentive teacher recruitment strategies,
including advertising, hiring teachers from alternative
programs, and recruiting online, from local populations, from
the substitute teacher list, or through a State teacher
clearinghouse or job bank;
``(C) teacher retention strategies, including mentoring
programs for teachers during the teachers' first 3 years of
teaching and ongoing opportunities for professional growth
and advancement; and
``(D) partnerships with institutions of higher education
designed to--
``(i) develop or strengthen a partnership focused on
preparing beginning teachers to teach in schools served by
eligible rural school districts; or
``(ii) assist teachers who are not highly qualified to
become highly qualified teachers through--
``(I) after-school or summer programs;
``(II) electronically delivered education (e-learning),
online, and distance learning technologies; and
``(III) flexible programs that enable multiple-subject
teachers to become highly qualified teachers.
``SEC. 205. ACADEMIC TEACHING CENTERS.
``(a) Program Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible applicants
to enable such applicants to create academic teaching
centers. Academic teaching centers shall--
``(1) promote excellence in the Nation's training of
prospective teachers by creating settings for the integration
of education and training, research, and evidence-based
practice; and
``(2) provide a system of practice-based support at initial
levels of preparation, training during the first years of
practice, and continued support in maintaining high levels of
skill mastery.
``(b) Definitions.--In this section:
``(1) Eligible applicant.--
``(A) In general.--The term `eligible applicant' means a
consortium composed of each of the following:
``(i) A school of education housed in an institution of
higher education.
``(ii) A college or school of arts and sciences within an
institution of higher education.
``(iii) Not less than 1 academic unit (such as a department
of psychology, a department of educational psychology, or a
department of human development) whose faculty focuses on
teaching and learning, developmental processes, and the
assessment of learning.
``(iv) Not less than 1 local educational agency that serves
a qualified school.
``(B) Inclusions.--The term `eligible applicant' may
include an academic unit not described in subparagraph
(A)(iii) whose faculty is able to contribute to the work of
an academic teaching center.
``(2) Qualified school.--The term `qualified school' means
a public elementary school or public secondary school (urban,
rural, or suburban), a school district, a campus school, a
charter school, or any combination or network of schools,
that--
``(A) is home to exemplary teachers who can provide high-
quality mentoring and modeling to prospective teachers based
on a demonstrated record of student academic achievement; and
``(B) demonstrates a commitment to evidence-based teaching
confirmed by professional development offered to staff or by
documented experience with university collaborations.
``(c) Application Requirements.--An eligible applicant that
desires to receive a grant under this section shall submit to
the Secretary an application that demonstrates how the
proposed academic teaching center will--
``(1) ensure that prospective teachers will have
instruction in, and exposure to, scientific research derived
from the social and behavioral sciences and applied to
teaching and learning;
``(2) offer prospective teachers skill development
opportunities in evidence-based educational interventions;
``(3) include, involve, and utilize faculty from all
members of the eligible applicant in modeling the integration
of research and practice in the classroom;
``(4) foster real interdisciplinary collaboration and
cross-fertilization among and between--
``(A) education faculty;
``(B) prospective and current elementary school and
secondary school teachers;
``(C) faculty within an academic unit who focus on teaching
and learning, developmental processes, and the assessment of
learning, such as faculty from a department of psychology,
department of educational psychology, or department of human
development; and
``(D) faculty from disciplines within the institution of
higher education, including history, English, biology,
chemistry, foreign languages, and psychology;
``(5) enhance the ability of faculty in the school of
education, college or school of arts and sciences, and the
academic unit specified in paragraph (4)(C) to participate
more fully in elementary school or secondary school classroom
teaching;
``(6) afford novice teaching candidates opportunities for
rigorous, closely supervised internships in high-quality
teaching settings;
[[Page S4323]]
``(7) include mechanisms to assess the quality of teacher
preparation at the academic teaching center by the value the
center adds to student achievement, as assessed by objective
measures of student growth;
``(8) ensure that teachers who have participated in the
academic teaching center are highly qualified upon completion
of the teachers' degree; and
``(9) apply relevant scientific research on teaching and
learning.
``(d) Use of Funds.--An eligible applicant that receives a
grant under this section may use the grant funds to carry out
any of the following activities:
``(1) Program development, evaluation, and
accountability.--Funds may be used to--
``(A) develop and refine mechanisms to measure the value
added to student academic achievement by evidence-based
practice;
``(B) develop and refine mechanisms to measure the value
added to student academic achievement by teachers trained in
academic teaching centers;
``(C) develop mechanisms to evaluate acquisition of
clinical judgment, communication, and problemsolving skills
on the part of teacher candidates resulting from
participation in an academic teaching center;
``(D) develop professional programs to enhance teacher
candidates' communication with students, families,
colleagues, and other education professionals; and
``(E) develop mechanisms to observe, evaluate, and
reinforce ethical principles though formal instructional
efforts.
``(2) Curriculum development for use in developing teaching
skills.--Funds may be used to--
``(A) develop interactive teaching materials for the
attainment of teaching skills in classroom management; and
``(B) develop interactive materials regarding other
teaching skills, such as classroom assessment and
individualizing for student abilities and backgrounds, that
can be used at other field worksites and in education school
courses.
``(3) Support for participants.--Funds may be used to--
``(A) create and implement evidence-based curricula to be
piloted in academic teaching centers;
``(B) provide workload credit for master elementary school
or secondary school teachers to serve as adjunct faculty at
the academic teaching center; and
``(C) provide workload credit for faculty at the school of
education and the college or school of arts and sciences to
serve as adjunct faculty at the academic teaching center.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2004; and
``(2) such sums as may be necessary for each of the 5
succeeding fiscal years.
``SEC. 206. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Payments.--
``(1) Duration.--
``(A) Eligible states and eligible applicants.--Grants
awarded to eligible States and eligible applicants under
sections 202, 204, and 205 shall be awarded for a period not
to exceed 3 years. If an eligible State or an eligible
applicant receives a grant under any of such sections, such
eligible State or eligible applicant may not receive an
additional grant under such section during the grant period.
After such grant period, such eligible State or such eligible
applicant may receive an additional grant under such section.
``(B) Eligible partnerships.--Grants awarded to eligible
partnerships under section 203 shall be awarded for a period
of 5 years. If an eligible partnership receives a grant under
such section, such eligible partnership may not receive an
additional grant under such section during the 5-year grant
period. After such grant period, such eligible partnership
may receive an additional grant under such section.
``(2) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation and shall ensure that each peer review panel
reflects the diversity of educational participants and
eligible grantees provided for in sections 202, 203, 204, and
205. With respect to each application, the peer review panel
shall initially recommend the application for funding or for
disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall, with
respect to grants under sections 202, 203, and 204, give
priority to eligible States and eligible partnerships--
``(A) whose applications involve the development of
innovative efforts aimed at reducing the shortage of highly
qualified teachers from underrepresented groups, in high-need
academic subjects, in high-need services, in high-need rural
and urban areas, and in high-need schools;
``(B) whose awards promote an equitable geographic
distribution of grants throughout the United States; and
``(C) whose awards promote an equitable geographic
distribution of grants among rural and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of the
grants. In determining grant amounts, the Secretary shall
take into account the total amount of funds available for all
grants under this part and the types of activities proposed
to be carried out.
``(c) Matching Requirements.--
``(1) State grants.--Each State served by an eligible State
that receives a grant under section 202 or 204 shall provide,
from non-Federal sources, an amount equal to 50 percent of
the amount of the grant (in cash or in kind) to carry out the
activities supported by the grant.
``(2) Partnership grants.--Each eligible partnership
receiving a grant under section 203 or 204 shall provide,
from non-Federal sources (in cash or in kind), an amount
equal to 25 percent of the grant for the first year of the
grant, 35 percent of the grant for the second year of the
grant, and 50 percent of the grant for each succeeding year
of the grant.
``(d) Limitation on Administrative Expenses.--An eligible
State or eligible partnership that receives a grant under
this part may not use more than 2 percent of the grant funds
for purposes of administering the grant.
``(e) Teacher Qualifications Provided to Parents Upon
Request.--Any local educational agency or school that
benefits from the activities assisted under this part shall
make available, upon request and in an understandable and
uniform format, to any parent of a student attending any
school served by the local educational agency, information
regarding the professional qualification of the student's
classroom teacher with regard to the subject matter in which
the teacher provides instruction. The local educational
agency shall inform parents that the parents are entitled to
receive the information upon request.
``(f) Technical Assistance.--For each fiscal year, the
Secretary may expend not more than $500,000 or 0.75 percent
of the funds appropriated to carry out this title, whichever
amount is greater, to provide technical assistance to
entities receiving grants under this part.
``SEC. 207. ACCOUNTABILITY AND EVALUATION.
``(a) State Grant Accountability Report.--An eligible State
that receives a grant under section 202 shall submit an
annual accountability report to the Secretary. Such report
shall include a description of the degree to which the
eligible State, in using funds provided under such section,
has made substantial progress in meeting the following goals:
``(1) Highly qualified teachers.--Ensuring that all
teachers teaching in core academic subjects within the State
are highly qualified not later than the end of the 2005-2006
school year, as required under section 1119 of the Elementary
and Secondary Education Act of 1965.
``(2) Student academic achievement.--Improving academic
achievement for all students.
``(3) Raising standards.--Raising the State academic
standards required to enter the teaching profession,
including, where appropriate, through the use of incentives
to incorporate the requirement of an academic major in the
subject, or related discipline, in which the teacher plans to
teach.
``(4) Initial certification or licensure.--Increasing the
pass rate for initial State teacher certification or
licensure, or increasing the number of highly competent
individuals being certified or licensed as teachers through
traditional and alternative programs.
``(5) Decreasing teacher shortages.--Decreasing shortages
of qualified teachers from underrepresented groups, in high-
need academic subjects, in high-need services, in high-need
areas, and in high-need schools.
``(6) Increasing teacher retention.--Increasing teacher
retention in the first 3 years of a teacher's career.
``(7) Increasing opportunities for professional
development.--Increasing opportunities for enhanced and
ongoing professional development that improves the academic
content knowledge of teachers in the subject areas in which
the teachers are certified or licensed to teach or in which
the teachers are working toward certification or licensure to
teach, and that promotes strong teaching skills.
``(8) Technology integration.--Increasing the number of
teachers trained in the appropriate use of technology as an
instructional tool.
``(b) Eligible Partnership Evaluation.--Each eligible
partnership applying for a grant under section 203 shall
establish and include in the application submitted under
section 203, an evaluation plan that includes strong
performance objectives. The plan shall include objectives and
measures for--
``(1) increasing the percentage of highly qualified
teachers;
``(2) improving academic achievement for all students;
``(3) increasing the pass rate for initial State teacher
certification or licensure for individuals from traditional
and alternative teacher preparation programs;
``(4) decreasing shortages of highly qualified teachers
among underrepresented groups, in high-need academic
subjects, in high-need services, in high-need areas, and in
high-need schools;
``(5) increasing teacher retention in the first 3 years of
a teacher's career;
``(6) increasing opportunities for enhanced and ongoing
professional development that enables teachers already in the
classroom and teacher educators to upgrade such teachers' and
educators' skills and knowledge; and
[[Page S4324]]
``(7) increasing the number of teachers trained in the
appropriate use of technology as an instructional tool.
``(c) Revocation of Grant.--
``(1) Report.--Each eligible State or eligible partnership
receiving a grant under this part shall report annually to
the Secretary on the progress of the eligible State or
eligible partnership toward meeting the purposes of this part
and the goals, objectives, and measures described in
subsections (a) and (b).
``(2) Revocation.--
``(A) Eligible states and eligible applicants.--If the
Secretary determines that an eligible State or eligible
applicant (as defined under section 204 or 205) is not making
substantial progress in meeting the purposes, goals,
objectives, and measures, as appropriate, by the end of the
second year of a grant under this part, then the grant
payment shall not be made for the third year of the grant.
``(B) Eligible partnerships.--If the Secretary determines
that an eligible partnership is not making substantial
progress in meeting the purposes, goals, objectives, and
measures, as appropriate, by the end of the third year of a
grant under this part, then the grant payments shall not be
made for any succeeding year of the grant.
``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
Secretary's findings regarding the activities to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the Workforce of
the House of Representatives. The Secretary shall broadly
disseminate successful practices developed by eligible States
and eligible partnerships under this part, and shall broadly
disseminate information regarding such practices that were
found to be ineffective.
``SEC. 208. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
``(a) High-Quality Teacher Preparation Program.--Each
applicant for a grant under this part shall provide
assurances that the applicant will provide prospective
teachers with the following:
``(1) Knowledge of--
``(A) the arts and sciences;
``(B) the science of teaching and learning;
``(C) research on school impact on student learning; and
``(D) the academic content areas in which the teachers plan
to teach.
``(2) Teaching skills that enable the teachers to--
``(A) enhance student academic achievement;
``(B) promote the ability of students to apply knowledge
and research findings;
``(C) provide effective instruction in subject matter
content;
``(D) implement ongoing assessment of student learning and
the use of such assessment for evaluation of curriculum and
instructional practices;
``(E) identify and address individual differences in
ability and instructional needs;
``(F) address the instructional needs of students with
limited-English proficiency and students with disabilities
within both the general education and special education
curricula;
``(G) employ effective classroom management strategies;
``(H) use technology effectively in the classroom; and
``(I) reflect on practices to improve teaching
effectiveness and student learning.
``(3) Opportunities to--
``(A) apply the teachers' knowledge and skills in the
classroom;
``(B) collaborate with colleagues, parents, community
members, and other educators; and
``(C) work in partnership with parents to advance their
children's education.
``(b) State Report Card on the Quality of Teacher
Preparation.--Each State that receives funds under this Act
shall provide to the Secretary, on an annual basis and in a
uniform and comprehensible manner that conforms with the
definitions and reporting methods developed by the State for
teacher preparation programs, a State report card on the
quality of teacher preparation in the State, which shall
include at least the following:
``(1) A description of the teacher certification and
licensure assessments, and any other certification and
licensure requirements, used by the State. Such assessments
shall--
``(A) be used for purposes for which such assessments are
valid and reliable;
``(B) be consistent with relevant, nationally recognized
professional and technical standards;
``(C) be aligned with the reporting requirements of this
section and section 207; and
``(D) allow for accurate and consistent reporting on
teacher preparation programs.
``(2) The standards and criteria that prospective teachers
must meet in order to attain initial teacher certification or
licensure and to be certified or licensed to teach particular
subjects or in particular grades within the State. Such
standards and criteria shall incorporate the qualifications
specified in subsection (a).
``(3) A description of the extent to which the assessments
and requirements described in paragraph (1) are aligned with
the State's standards and assessments for students.
``(4) The percentage of prospective teachers who have
completed 100 percent of the coursework required by a teacher
preparation program at an institution of higher education or
alternative certification program and who have taken and
passed each of the assessments used by the State for teacher
certification and licensure, and the passing score on each
assessment that determines whether a candidate has passed
that assessment, both of which shall be made available widely
and publicly.
``(5) Information on the extent to which teachers in the
State are given waivers of State certification or licensure
requirements, including the proportion of such teachers
distributed across high- and low-poverty school districts and
across subject areas.
``(6) A description of each State's alternative routes to
teacher certification, if any, and standards and criteria
used by the State for certification or licensure, including
indicators of teacher candidate skills and academic content
knowledge and of evidence of gains in student academic
achievement, and the number and percentage of teachers
certified through each alternative route who pass State
teacher certification or licensure assessments.
``(7) For each State, a description of proposed criteria
for assessing the performance of teacher preparation programs
in the State, including indicators of candidate academic
content knowledge and teaching skills.
``(8) For each teacher preparation program in the State,
the number of prospective teachers in the program, the
average number of hours of supervised practice teaching
required for those in the program, and the number of full-
time and part-time faculty, excluding graduate students and
clinical supervisors who are not on faculty, and prospective
teachers in supervised practice teaching.
``(9) Information on the extent to which teachers or
prospective teachers in each State are required to take
examinations or other assessments of their subject matter
knowledge in the area or areas in which the teachers provide
instruction, the standards established for passing any such
assessments, and the extent to which teachers or prospective
teachers are required to receive a passing score on such
assessments in order to teach in specific subject areas or
grade levels.
``(10) Information on the data systems developed or
expanded by the State under section 202(d)(2), including a
description of the systems and an analysis of procedures used
by the State regarding such systems.
``(11) Information on pilot studies conducted under section
202(d)(1)(B)(iii), if applicable, including a list of teacher
preparation programs (including alternative routes to
certification) that participated in such studies, the
procedures used to provide evidence that graduates of teacher
preparation programs (including those who complete
alternative routes to certification) are effective at
improving student achievement, and other findings relevant to
the impact of teacher preparation programs on student
achievement.
``(c) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report
card on teacher qualifications and preparation in the United
States, including all the information reported in paragraphs
(1) through (11) of subsection (b). Such report shall
identify States for which eligible States and eligible
partnerships received a grant under this part. Such report
shall be so provided, published, and made available annually.
``(2) Report to congress.--The Secretary shall report to
Congress--
``(A) a comparison of States' efforts to improve teaching
quality;
``(B) regarding the national mean and median scores on any
standardized test that is used in more than 1 State for
teacher certification or licensure;
``(C) a description of data systems developed or expanded
by States pursuant to section 202(d)(2) and an analysis of
procedures used in different States regarding such systems;
and
``(D) a description of pilot studies undertaken by States
pursuant to section 202(d)(1)(B)(iii) and an analysis of
procedures used in different States regarding such studies.
``(3) Special rule.--In the case of teacher preparation
programs with fewer than 10 prospective teachers who have
completed 100 percent of the coursework required by a teacher
preparation program taking any single initial teacher
certification or licensure assessment during an academic
year, the Secretary shall collect and publish information
with respect to an average pass rate on State certification
or licensure assessments taken over a 3-year period.
``(4) Database.--The Secretary shall collect data and
develop a national and public database that provides reports
on States' passage rates on certification and licensure
assessments, the placement rates for teacher preparation
programs, the percentage of full-time faculty in institutions
of higher education in each State who teach classes offered
by a school, college, or department of education, the
tracking of graduates 5 years after graduating from a teacher
preparation program, and other relevant information, as
appropriate.
``(d) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this
[[Page S4325]]
part among States for individuals who took State teacher
certification or licensure assessments in a State other than
the State in which the individual received the individual's
most recent degree.
``(e) Institutional and Program Report Cards on Quality of
Teacher Preparation.--
``(1) Report card.--Each institution of higher education or
alternative certification program that conducts a teacher
preparation program that enrolls prospective teachers
receiving Federal assistance under this Act shall report
annually to the State and the general public, in a uniform
and comprehensible manner that conforms with the definitions
and reporting methods developed by the State for teacher
preparation programs, the following information:
``(A) Pass rate.--(i) For the most recent year for which
the information is available, the pass rate for each
prospective teacher who has completed 100 percent of the
coursework required by the teacher preparation program on the
teacher certification or licensure assessments of the State
in which the institution or alternative certification program
is located, but only for those prospective teachers who took
those assessments within 3 years of completing the
coursework.
``(ii) A comparison of the institution's or alternative
certification program's pass rate for prospective teachers
who have completed 100 percent of the coursework at the
teacher preparation program with the average pass rate for
institutions and alternative certification programs in the
State.
``(iii) In the case of teacher preparation programs with
fewer than 10 graduates who have completed 100 percent of the
coursework required by the program taking any single initial
teacher certification or licensure assessment during an
academic year, the institution or alternative certification
program shall collect and publish information with respect to
an average pass rate on State certification or licensure
assessments taken over a 3-year period.
``(B) Program information.--The number of prospective
teachers in the program, the average number of hours of
supervised practice teaching required for those in the
program, and the number of full-time equivalent faculty and
prospective teachers in supervised practice teaching.
``(C) Statement.--In States that require approval or
accreditation of teacher education programs, a statement of
whether the institution's teacher preparation program or
alternative certification program's teacher preparation
program is so approved or accredited, by the State and any
other entities, as applicable.
``(D) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 209(a).
``(2) Requirement.--The information described in paragraph
(1) shall be reported through publications such as school
catalogs and promotional materials sent to potential
applicants, secondary school guidance counselors, and
prospective employers of the institution's or alternative
certification program's teacher preparation program
graduates, including materials sent by electronic means.
``(3) Fines.--In addition to the actions authorized in
section 487(c), the Secretary may impose a fine not to exceed
$25,000 on an institution of higher education or an
alternative certification program for failure to provide the
information described in this subsection in a timely or
accurate manner.
``(f) Data Quality.--The eligible State shall attest
annually, in writing, as to the reliability, validity,
integrity, and accuracy of the data submitted pursuant to
this section.
``(g) National Academy of Sciences Core Curriculum Study.--
``(1) In general.--The Secretary shall seek to enter into a
contract with the National Academy of Sciences to conduct a
2-year study to develop a suggested core curriculum for
States to use as guidance when developing their program
standards for teacher preparation programs in their State.
The core curriculum shall address the pedagogical
requirements of teacher preparation programs and assist those
within the education profession and prospective teachers to
understand what prospective teachers need to know to become
effective teachers.
``(2) Domains of foundational and pedagogical knowledge.--
The study conducted pursuant to paragraph (1) shall include
each of the following domains of foundational and pedagogical
knowledge:
``(A) Learning, which would include building on existing
knowledge and experience shaped by social and cultural
context in the community and in the classroom.
``(B) Human development, which would include how children
and adolescents think and behave, taking in account different
ages, contexts, and learning styles.
``(C) Assessment, which would include the introduction of
standards-based reform.
``(D) Teaching skills, which would include providing all
teachers with the tools needed to be successful in the
classroom and to meet the instructional needs of students
with disabilities and students with limited-English
proficiency.
``(E) Reading instruction, which would include taking in
account different ages, contexts, and learning styles.
``(3) Best research; suggested training.--The suggested
core curriculum developed pursuant to paragraph (1) shall--
``(A) reflect the best research into how students learn, on
content-specific methods shown to be effective with students,
and on effective gap-closing criteria; and
``(B) include preparation in working with diverse
populations, interacting with parents, assessing classroom
performance, and managing student behavior.
``(4) Collaboration.--
``(A) In general.--In conducting the study under paragraph
(1), the National Academy of Sciences shall collaborate with
interested parties in developing the suggested core
curriculum.
``(B) Interested parties.--In this paragraph, the term
`interested parties' means--
``(i) college presidents;
``(ii) deans of teacher education programs;
``(iii) teacher preparation faculty;
``(iv) chief State school officers;
``(v) school superintendents;
``(vi) teacher organizations;
``(vii) exemplary teachers;
``(viii) teacher preparation accrediting organizations;
``(ix) nonprofit education organizations;
``(x) organizations or associations representing the
scientific disciplines associated with teaching and learning;
and
``(xi) other entities determined appropriate by the
National Academy of Sciences.
``SEC. 209. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall develop a procedure to identify, and
assist, through the provision of technical assistance, low-
performing programs of teacher preparation within
institutions of higher education. Such State shall provide
the Secretary an annual list of such low-performing
institutions that includes an identification of those
institutions at-risk of being placed on such list. Such
levels of performance shall be determined solely by the State
and may include criteria based upon information collected
pursuant to this part. Such assessment shall be described in
the report under section 208(b).
``(b) Termination of Eligibility.--Any institution of
higher education that offers a program of teacher preparation
in which the State has withdrawn the State's approval or
terminated the State's financial support due to the low
performance of the institution's teacher preparation program
based upon the State assessment described in subsection (a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department of
Education;
``(2) shall not be permitted to accept or enroll any
prospective teacher who receives aid under title IV of this
Act in the institution's teacher preparation program; and
``(3) shall provide transitional support, including
remedial services if necessary, for prospective teachers
enrolled at the institution at the time of termination of
financial support or withdrawal of approval.
``(c) Negotiated Rulemaking.--The Secretary shall engage in
a negotiated rulemaking process with representatives of
States, institutions of higher education, and educational and
student organizations when developing regulations to carry
out subsection (b)(2).
``SEC. 210. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 208 and 209, the
Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and
that the reporting methods protect the privacy of
individuals.
``(b) Special Rule.--For each State in which there are no
State certification or licensure assessments, or for States
that do not set minimum performance levels on those
assessments--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of
higher education, or other entities that administer such
assessments to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of
this part related to assessments or pass rates.
``(c) National System of Teacher Certification
Prohibited.--Nothing in this part shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification.
``(d) Release of Information to Teacher Preparation
Programs.--
``(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency shall
provide to a teacher preparation program, upon the request of
the teacher preparation program, any and all pertinent
education-related information that--
``(A) may enable the teacher preparation program to
evaluate the effectiveness of the program's graduates or the
program itself; and
``(B) is possessed, controlled, or accessible by the State
educational agency.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the teacher preparation
program to enable the teacher preparation program to evaluate
the information provided to the program from the State
educational agency with the program's own data about the
specific courses taken by, and field experiences of, the
individual graduates; and
[[Page S4326]]
``(B) may include--
``(i) kindergarten through grade 12 academic achievement
and demographic data, without individual identifying
information, for students who have been taught by graduates
of the teacher preparation program; and
``(ii) teacher effectiveness evaluations for teachers who
graduated from the teacher preparation program.
``(3) Privacy.--Actions taken pursuant to paragraph (1)
shall not be considered a violation of section 444 of the
General Education Provisions Act or of the individual's
privacy pursuant to any other provision of law. Any
information obtained by a teacher preparation program in
accordance with this section shall be considered a part of
the graduate's education records and shall be protected as
such.
``SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $500,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the 5 succeeding fiscal years, of
which--
``(1) 20 percent shall be available for each fiscal year to
award grants under section 202;
``(2) 60 percent shall be available for each fiscal year to
award grants under section 203; and
``(3) 20 percent shall be available for each fiscal year to
award grants under section 204.''.
(b) Preparing Tomorrow's Teachers To Use Technology.--Part
B of title II of the Higher Education Act of 1965 (20 U.S.C.
1041 et seq.) is amended to read as follows:
``PART B--PREPARING TOMORROW'S TEACHERS TO USE TECHNOLOGY
``SEC. 221. PURPOSE AND PROGRAM AUTHORITY.
``(a) Purpose.--It is the purpose of this part to assist
consortia of public and private entities--
``(1) to carry out programs that prepare prospective
teachers to use advanced technology to prepare all students
to meet challenging State and local academic content and
student academic achievement standards; and
``(2) to improve the ability of institutions of higher
education to carry out such programs.
``(b) Program Authority.--
``(1) In general.--The Secretary is authorized to award
grants to eligible applicants, or enter into contracts or
cooperative agreements with eligible applicants, on a
competitive basis in order to pay for the Federal share of
the cost of projects to develop or redesign teacher
preparation programs to enable prospective teachers to use
advanced technology effectively in their classrooms.
``(2) Distribution.--In awarding grants, or entering into
contracts or cooperative agreements under this part, the
Secretary shall ensure an equitable distribution of financial
assistance among eligible applicants located in urban and
rural areas of the United States.
``(3) Period of awards.--The Secretary may award grants, or
enter into contracts or cooperative agreements, under this
part for periods that are not more than 5 years in duration.
``SEC. 222. ELIGIBILITY.
``(a) Eligible Applicants.--In order to receive a grant or
enter into a contract or cooperative agreement under this
part, an applicant shall be a consortium that includes the
following:
``(1) At least 1 institution of higher education that
awards baccalaureate degrees and prepares teachers for their
initial entry into teaching.
``(2) At least 1 State educational agency or local
educational agency.
``(3) One or more of the following entities:
``(A) An institution of higher education (other than the
institution described in paragraph (1)).
``(B) A school or department of education at an institution
of higher education.
``(C) A school or college of arts and sciences (as defined
in section 201) at an institution of higher education.
``(D) A professional association, foundation, museum,
library, for-profit business, public or private nonprofit
organization, community-based organization, or other entity,
with the capacity to contribute to the technology-related
reform of teacher preparation programs.
``(b) Application Requirements.--In order to receive a
grant or enter into a contract or cooperative agreement under
this part, an eligible applicant shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require. Such
application shall include the following:
``(1) A description of the proposed project, including how
the project would--
``(A) ensure that individuals participating in the project
would be prepared to use advanced technology to prepare all
students, including groups of students who are
underrepresented in technology-related fields and groups of
students who are economically disadvantaged, to meet
challenging State and local academic content and student
academic achievement standards; and
``(B) improve the ability of at least 1 participating
institution of higher education described in section
222(a)(1) to ensure such preparation.
``(2) A demonstration of--
``(A) the commitment, including the financial commitment,
of each of the members of the consortium for the proposed
project; and
``(B) the active support of the leadership of each
organization that is a member of the consortium for the
proposed project.
``(3) A description of how each member of the consortium
will participate in project activities.
``(4) A description of how the proposed project will be
continued after Federal funds are no longer awarded under
this part for the project.
``(5) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific
project objectives.
``(c) Matching Requirements.--
``(1) In general.--The Federal share of the cost of any
project funded under this part shall not exceed 50 percent.
Except as provided in paragraph (2), the non-Federal share of
the cost of such project may be provided in cash or in kind,
fairly evaluated, including services.
``(2) Acquisition of equipment.--Not more than 10 percent
of the funds awarded for a project under this part may be
used to acquire equipment, networking capabilities, or
infrastructure, and the non-Federal share of the cost of any
such acquisition shall be provided in cash.
``SEC. 223. USE OF FUNDS.
``(a) Required Uses.--A consortium that receives a grant or
enters into a contract or cooperative agreement under this
part shall use funds made available under this part for--
``(1) a project creating 1 or more programs that prepare
prospective teachers to use advanced technology to prepare
all students, including groups of students who are
underrepresented in technology-related fields and groups of
students who are economically disadvantaged, to meet
challenging State and local academic content and student
academic achievement standards; and
``(2) evaluating the effectiveness of the project.
``(b) Permissible Uses.--The consortium may use funds made
available under this part for a project, described in the
application submitted by the consortium under this part, that
carries out the purpose of this part, such as the following:
``(1) Developing and implementing high-quality teacher
preparation programs that enable educators--
``(A) to learn the full range of resources that can be
accessed through the use of technology;
``(B) to integrate a variety of technologies into curricula
and instruction in order to expand students' knowledge;
``(C) to evaluate educational technologies and their
potential for use in instruction;
``(D) to help students develop their technical skills; and
``(E) to use technology to collect, manage, and analyze
data to improve teaching, learning, and decisionmaking for
the purpose of increasing student academic achievement.
``(2) Developing and implementing high-quality teacher
preparation programs that prepare educators in--
``(A) the uses and application of technology, including
universally designed technologies, assistive technology
devices, and assistive technology services; and
``(B) maximizing access for students with disabilities to
participate in the general education curriculum through the
use of such technology.
``(3) Developing alternative teacher development paths that
provide elementary schools and secondary schools with well-
prepared, technology-proficient educators.
``(4) Developing achievement-based standards and
assessments aligned with the standards to measure the
capacity of prospective teachers to use technology
effectively in their classrooms.
``(5) Providing technical assistance to entities carrying
out other teacher preparation programs.
``(6) Developing and disseminating resources and
information in order to assist institutions of higher
education to prepare teachers to use technology effectively
in their classrooms.
``(7) Subject to section 222(c)(2), acquiring technology
equipment, networking capabilities, infrastructure, software,
and digital curricula to carry out the project.
``SEC. 224. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part--
``(1) $200,000,000 for fiscal year 2004; and
``(2) such sums as may be necessary for each of the 5
succeeding fiscal years.''.
(c) Centers of Excellence.--
(1) In general.--Title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end
the following:
``PART C--CENTERS OF EXCELLENCE
``SEC. 231. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are--
``(1) to help recruit, prepare, and retain teachers,
including minority teachers, to meet the national demand for
a highly qualified teacher in every classroom;
``(2) to help recruit, prepare, and retain principals
(including minority principals and assistant principals) to
address the shortage of principals in our Nation's public
elementary schools and secondary schools; and
``(3) to increase opportunities for Americans of all
educational, ethnic, class, and geographic backgrounds to
become highly qualified teachers and principals.
``(b) Definitions.--In this part:
``(1) Eligible institution.--The term `eligible
institution' means--
[[Page S4327]]
``(A) an institution of higher education--
``(i) that has a teacher preparation program that meets the
requirements of such a program under section 203(b)(2);
``(ii) that is--
``(I) a part B institution (as defined in section 322);
``(II) a Hispanic-serving institution (as defined in
section 502);
``(III) a Tribal College or University (as defined in
section 316);
``(IV) an Alaska Native-serving institution (as defined in
section 317);
``(V) a Native Hawaiian-serving institution (as defined in
section 317); or
``(VI) an institution determined by the Secretary to have
enrolled a substantial number of minority, low-income
students during the previous academic year who received
assistance under subpart 1 of part A of title IV for that
year; and
``(iii) that has not received a grant under this part
during the 5-year period preceding the date the institution
applies for a grant under this part;
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A), or a
consortium described in subparagraph (B), in partnership with
any other institution of higher education, but only if the
center of excellence established under section 232 is located
at an institution described in subparagraph (A).
``(2) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
``(3) Scientifically based research.--The term
`scientifically based research' has the meaning given such
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) Teaching skills.--The term `teaching skills' means
skills--
``(A) grounded in the science of teaching and learning that
teachers use to create effective instruction in subject
matter content and that lead to student achievement and the
ability to apply knowledge; and
``(B) that require an understanding of the learning process
itself, including an understanding of--
``(i) the use of strategies specific to the subject matter;
``(ii) ongoing assessment of student learning and the use
of such assessment for evaluation of curriculum and
instructional practices;
``(iii) identification of individual differences in ability
and instructional needs;
``(iv) the use of strategies that will meet the
instructional needs of students with disabilities and
students with limited-English proficiency;
``(v) classroom management; and
``(vi) interaction with parents and others to promote
student learning.
``SEC. 232. CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to
carry out this part, the Secretary shall award competitive
grants to eligible institutions to establish centers of
excellence.
``(b) Application.--Any eligible institution desiring a
grant under this part shall submit an application to the
Secretary at such a time, in such a manner, and accompanied
by such information the Secretary may require.
``(c) Use of Funds.--
``(1) Required uses.--An eligible institution that receives
a grant under this part shall use the grant funds to
establish a center of excellence that shall ensure that
current and future teachers are highly qualified, by carrying
out 1 or more of the following activities:
``(A) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand
scientifically based research, and are able to use advanced
technology effectively in the classroom, including use of
instructional techniques to improve student academic
achievement, by--
``(i) developing and implementing programs that enhance the
competencies of faculty to reflect advances in theory,
research, and practice; and
``(ii) designing or redesigning teacher preparation
programs that--
``(I) prepare teachers to close student achievement gaps;
``(II) prepare teachers to utilize scientifically based
research and rigorous academic content and to teach rigorous
academic content and challenging State academic content
standards; and
``(III) promote strong teaching skills.
``(B) Providing sustained and high-quality preservice
clinical experience, including the mentoring of prospective
teachers and principals by exemplary teachers and principals,
respectively; substantially increasing interaction between
faculty at institutions of higher education and new and
experienced teachers, principals, and other administrators at
elementary schools or secondary schools; providing support,
including preparation time, for such interaction.
``(C) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
particularly minority teachers and principals, including
programs that provide--
``(i) teacher or principal mentoring from exemplary
teachers or principals, respectively; or
``(ii) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively.
``(2) Permissible uses.--An eligible institution that
receives a grant under this part may use a portion of the
grant funds to carry out 1 or more of the following
activities:
``(A) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program or
principal preparation program.
``(B) Disseminating information on effective practices for
teacher preparation and induction and successful teacher
certification and licensure assessment preparation
strategies.
``(C) Disseminating information on effective practices for
principal preparation, successful principal certification and
licensure preparation strategies, and successful principal
induction.
``(D) Activities authorized under sections 202, 203, and
204.
``(d) Minimum Grant Amount.--The minimum amount of each
grant under this part shall be $500,000.
``(e) Duration.--Grants awarded under this part shall be
for a period of 3 years.
``(f) Disbursement.--An eligible institution that receives
a grant under this part shall receive--
``(1) 60 percent of the grant award during the first year
of the grant period;
``(2) 25 percent of the grant award during the second year
of the grant period; and
``(3) 15 percent of the grant award during the third year
of the grant period.
``(g) Matching Requirement.--
``(1) In general.--Each eligible institution that receives
a grant under this part shall provide matching funds, from
non-Federal sources that may be in cash or in the form of in-
kind contributions, in an amount equal to--
``(A) 25 percent of the grant award for the first year of
the grant;
``(B) 35 percent of the grant award for the second year of
the grant; and
``(C) 50 percent of the grant award for the third year of
the grant.
``(2) Waiver.--The Secretary may waive the matching
requirement under paragraph (1) for an eligible institution
if the Secretary determines, based on regulations promulgated
by the Secretary, that such requirement would be a financial
burden for such institution.
``(h) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this part may use not
more than 2 percent of the grant funds for purposes of
administering the grant.
``(i) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this part.
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part--
``(1) $10,000,000 for fiscal year 2004; and
``(2) such sums as may be necessary for each of the 5
succeeding fiscal years.''.
(2) Transition.--The Secretary of Education shall take such
actions as the Secretary determines to be appropriate to
provide for the orderly implementation of this subsection.
____
The Capacity to Learn for All Students and Schools (CLASS) Act of 2004
Senator Bingaman's CLASS Act is designed to strengthen the
Teacher Quality Enhancement Grants program of the Higher
Education Act by expanding the capacity of teachers and
schools to offer all students the quality of instruction they
need and deserve.
What will the CLASS Act accomplish? This capacity-enhancing
act will:
Ensure that all teachers are highly qualified, have strong
teaching skills, understand scientifically based research and
its applicability, and can use technology effectively in the
classroom.
Empower teachers and schools to provide access for all
students to a high-quality general education curriculum,
including students with disabilities and limited-English
proficiency.
Better prepare students for postsecondary education and a
competitive workforce.
Enhance the ability of schools, districts, and states to
collect, analyze, and utilize data to improve schools and
programs and to fulfill the requirements of No Child Left
Behind and the Higher Education Act.
How will the CLASS Act accomplish these goals? The CLASS
Act provides the following capacity-building resources:
Data systems designed to improve public education,
including enhancing teacher preparation programs. State
educational agencies can apply for new Data Systems Grants
that enable them to develop data systems that have the
capacity to integrate and coordinate individual student data
from educational and employment settings; to conduct analyses
necessary for evaluating programs and policies and
identifying best practices; and to facilitate alignment among
schools, institutions of higher education, and employment
settings.
Academic Teaching Centers that feature a model teaching
laboratory: a setting for the integration of education and
training, research, and evidence-based practice for teacher
candidates, university professors, and master teachers.
A Professional Development Program that encourages
innovation by allowing states to pursue alignment with
National Board for Professional Teaching Standards, a tiered
licensure system, multiple career paths, and opportunities
for professional growth.
[[Page S4328]]
A Rural Education Recruitment and Retention Program
designed to address the needs of rural districts by funding a
range of recruitment strategies, such as tuition and housing
assistance, and retention strategies, such as mentoring
programs and professional development.
Centers of Excellence that will increase minority teacher
recruitment, development, and retention.
Rigorous standards for teacher certification or licensure
to ensure that all prospective teachers meet the same high
state standards.
Strengthened accountability through improved assessment
procedures for teacher certification or licensure that are
valid and reliable, are aligned with reporting requirements,
and allow for accurate and consisting reporting.
A state-level needs assessment to identify areas of
greatest need and to ensure the effective use of federal
funds.
______
By Mr. CORZINE (for himself, Mr. Lautenberg, and Mr. Durbin):
S. 2341. A bill to amend the Health Care Quality Improvement Act of
1986 to expand the National Practitioner Data Bank; to the Committee on
Health, Education, Labor, and Pensions.
Mr. CORZINE. Mr. President, I rise today to introduce legislation,
the Safe Healthcare Reporting (SHARE) Act, which Senator Lautenberg and
I have developed to add nurses and other licensed health care
professionals to the National Practitioner Databank.
In 1986, Congress passed legislation that established a national
databank, the National Practitioner Databank (NPDB), to track
licensing, disciplinary, and medical malpractice actions taken against
U.S. physicians. While the NPDB has served as an important source of
information on physicians, it fails to incorporate critical information
on millions of non-physician licensed health care professionals,
including nurses.
The recent case of Charles Cullen, a New Jersey nurse who has claimed
responsibility for as many as 40 murders carried out at multiple
hospitals in New Jersey and Pennsylvania over the last decade, has
highlighted the need for a national reporting system on nurses and
other licensed health professionals. As the health care workforce
becomes increasingly mobile, such a system would be an invaluable
resource to health care employers seeking information on potential
employees.
The SHARE Act will help break the chain of silence currently plaguing
our health care system. This chain of silence prevented critical
employment history on Cullen--including five firings and at least one
suspension--from ever reaching his future employers. While Charles
Cullen kept killing people, hospitals kept hiring him. They didn't know
his history. They didn't understand the risk he posed to patients. This
is because hospitals and other employers are reluctant to share
employee information because they are afraid of being sued.
The goal of our legislation is to make sure that hospitals know--to
make sure that employers have access to critical information on health
care practitioners. It will ensure that adverse employment actions,
licensing and disciplinary actions, and criminal background information
are available to all health care employers. The SHARE Act mandates that
hospitals and other health care entities report adverse employment
actions taken against employees who violate professional standards of
conduct. This would include things like drug diversion and
falsification of documents.
Importantly, the legislation protects health care employers from suit
when they, in good faith, report information that they believe is
truthful. Any employer who reports false information in an effort to
smear a nurse's record would receive no protection under our bill. In
fact, anyone who abused the information reported to the databank would
be fined by the Federal Government.
Health care employers, such as hospitals and nursing homes, would be
required to report to the National Practitioner Databank, which
currently provides such information on physicians. They would also be
required to report to the appropriate state licensing board. In turn
the State licensing board would report the results of its
investigations and licensing or disciplinary actions to the databank.
The legislation also encourages nurses and other health care
professionals to report suspected activities to state boards by
providing whistleblower protections to those individuals.
The SHARE Act also ensures that a practitioner who is subject to
reporting is informed of the report, offered a hearing on the issue,
and allowed to comment on the report.
I believe that this legislation is a critical first step toward
improving access to important information on our health care workforce.
Since 1986, the Federal Government has required hospitals to report
employment information on physicians. It's time we include nurses and
other health care professionals that provide direct patient care. In
fact, the average nurse spends more time at a patient's bedside than
the patient's physician. We simply must ensure that the person at the
bedside is competent and professional.
I look forward to working with my colleagues on both sides of the
aisle to move this bill through Congress and get it to the President's
desk. We must and we can improve patient safety and the integrity of
our health care system. This bill takes an important step toward that
goal.
Mr. LAUTENBERG. Mr. President, I rise to join my colleague, Senator
Corzine, in introducing the Safe Healthcare Reporting (SHARE) Act.
The first rule of the medical profession is ``do no harm.''
Unfortunately, Charles Cullen spent his career doing harm to people in
New Jersey and Pennsylvania.
The overwhelming majority of nurses are excellent practitioners of
medicine who save countless lives every day. Nurse Cullen is the
exception--not the rule--he was a bad apple of the worst kind.
As many as 40 people died as a result of Charles Cullen's actions. He
did it at different hospitals in different States. But no one put the
pieces of the puzzle together for decades.
That is why the legislation Senator Corzine and I are introducing is
so important. This legislation adds nurses to the centralized, national
data bank of medical errors and misconduct. Our bill will require
hospitals to notify state nursing boards--and the national data bank--
if they launch an investigation into an employee--something Senator
Corzine and I believe is badly needed. The bill also requires hospitals
to reference the national database when hiring nurses and other
licensed health care professinals.
We must prevent more people like Charles Cullen from becoming nurses
in the future. The vast majority of nurses out there are dedicated
professionals, but we need a way to track and monitor the few who are
using the profession as a means to commit terrible crimes. It makes no
sense to allow a medical professional to go from job to job, leaving
under suspicious circumstances, with virtually no means of detection.
Cullen's ability to perpetrate such despicable acts against patients
highlights serious flaws in our current system. The system let this man
slip through the cracks and continue to work as a professional
healthcare provider even as investigations of his killings at previous
employers were being launched. This is appalling.
Patient safety must always be at the forefront. Our bill will close
the holes in this system and make it harder for people like Charles
Cullen to commit such horrific crimes in the future.
I look forward to working in a bi-partisan fashion to further this
important legislation.
______
By Mr. WARNER:
S. 2342. A bill to designate additional National Forest System lands
in the State of Virginia as wilderness, to establish the Seng Mountain
and Crawfish Valley Scenic Areas, to provide for the development of
trail plans for the wilderness areas and scenic areas, and for other
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
Mr. WARNER. Mr. President, I rise today to introduce an important
piece of legislation for my State, the Virginia Ridge and Valley
Wilderness and National Scenic Areas Act of 2004. This bill will add
four new wilderness areas, five additions to existing wilderness areas,
and two National Scenic Areas to the Jefferson National Forest.
Congressman Rick Boucher is introducing companion legislation in the
United States House of Representatives.
[[Page S4329]]
It is no coincidence that I introduce this legislation on Earth Day,
a time when we can reflect on our natural world and the obligations we
have to protect the earth which provides so richly for us. Throughout
my career in the United States Senate, I have strived to preserve
Virginia's natural resources and heritage through the designation of
wilderness areas. In fact, I have worked to pass three wilderness bills
through Congress. I stood here not four years ago and introduced a bill
that added two exceptional areas in the George Washington National
Forest to the wilderness system. With the help of many, that
legislation is now law, and Virginia has approximately 100,434 acres of
designated wilderness lands.
However, there is still work to be done. Within the Jefferson
National Forest, designated wilderness areas total only 7 percent of
the total forest acreage. The enactment of this legislation will
substantially increase our opportunities for uninterrupted enjoyment in
the forest with the addition of nearly 29,000 acres of new wilderness
areas and almost 12,000 acres of national scenic areas.
Virginia is blessed with great beauty and natural diversity. From the
complex ecosystem of the Chesapeake Bay, to the exquisite vistas,
streams, vegetation, and wildlife of the Shenandoah Mountains,
residents and visitors alike can enjoy a bountiful array of natural
treasures. As demand for development in Virginia increases, it becomes
incumbent upon Congress to act expeditiously to protect these wild
lands. Through wilderness and national scenic area designations, we can
ensure that these areas retain their primeval character and influences.
I consider myself an avid outdoorsman, and I enjoy opportunities for
recreation. I want to stress the many activities that will continue to
occur in these wilderness areas, including: hunting, fishing, hiking,
camping, canoeing, and horseback riding, to name a few. In addition,
the Wilderness Act is flexible and provides for reasonable local forest
management and emergency services in wilderness areas, such as the use
of motorized equipment and aircraft for search and rescue operations;
or to combat fire, insects and disease.
I am particularly pleased to include in the legislation an
authorization for the establishment of a non-motorized trail between
County Route 650 and Forest Development Road 4018 outside of the new
Raccoon Branch Wilderness area. This trail will follow the historic Rye
Valley Railroad Grade and will be a popular route for mountain bikers,
equestrians and hikers. In addition, this bill directs the Forest
Service to develop trail plans for the wilderness and national scenic
areas.
As a father and a grandfather, I feel a weighty obligation to ensure
that our children have lasting opportunities to enjoy Virginia's
immense natural beauty and diversity. This legislation is a crucial
step in our quest to preserve these lovely areas for the enjoyment and
use of future generations.
______
By Mr. CONRAD (for himself and Mrs. Lincoln):
S. 2343. A bill to amend title XVIII of the Social Security Act to
improve the medicare program, and for other purposes; to the Committee
on Finance.
Mr. CONRAD. Mr. President, today, I am being joined by Senator
Blanche Lincoln in introducing the Medicare Prescription Drug
Improvement Act (MEND) of 2004, which aims to make various improvements
to the recently enacted Medicare Prescription Drug, Modernization, and
Improvement Act of 2003 (H.R. 1).
I said when we passed H.R. 1 that we could do better for seniors and
that I would keep pushing to improve the Medicare drug bill. This bill
is an important first step in that effort. It provides a better, more
stable prescription drug benefit and lowers the costs of drugs for
seniors. It also removes the giveaways to health plans and it will
reduce the deficit. In short, this bill is a win for seniors, a win for
good government, and a win for taxpayers.
I supported the new Medicare law, but this was not an easy decision.
While this legislation takes important steps to add a drug benefit to
the Medicare program and makes needed provider payment reforms, this
legislation has many flaws that must be addressed. The legislation I am
unveiling today takes steps in this direction.
Before I describe this new effort, I'd first like to highlight why I
believe supporting the Medicare bill was the right decision,
particularly for Medicare beneficiaries in my home State of North
Dakota.
The first--and most basic--reason I supported this legislation is
because it takes critical steps to add a drug benefit to the Medicare
program. This benefit will provide America's seniors--for the first
time--the opportunity to receive help with their medication costs. If
seniors are satisfied with their current health care coverage, they do
not have to sign up for this new benefit. But if they need extra help
covering their prescription costs, the new Medicare drug benefit offers
an important coverage option.
The second major reason I supported this legislation is because it
provides a very generous benefit for lower-income seniors with incomes
below 150 percent of the Federal poverty. Under the legislation, about
40 percent of seniors in North Dakota will get the vast majority of
their drugs covered, with minimal out-of-pocket costs. This extra
assistance will make a critical difference to lower-income seniors in
my State, many of whom have told me that they are often faced with the
choice of paying for their medicines or paying for food, rent and other
living costs. In my view, this is a choice that no senior citizen
should be forced to make. The legislation we passed took important
steps to address this problem.
In addition, the Medicare drug benefit will provide substantial
assistance to those with catastrophic drug costs. Specifically, after a
beneficiary spends $3,600 out-of-pocket, Medicare will pick up 95
percent of the cost. This catastrophic coverage is an important
component of the bill, which we estimate will help nearly 11 percent of
North Dakota seniors better afford high-cost medications.
As we move forward on implementing this new benefit, it is my strong
hope that it will improve health care coverage for the millions of
seniors across the Nation who are struggling to afford life-saving and
life-enhancing medications.
Finally, another major reason that I supported the Medicare bill is
that it includes a whole host of rural provider payment reforms that I
authored along with Senator Craig Thomas from Wyoming and
Representative Earl Pomeroy from my State of North Dakota. These
measures take important steps to address payment disparities that were
causing rural health care providers to receive significantly less
reimbursement than their urban counterparts. Over the next 10 years,
these payment changes will improve funding to the rural health care
system by more than $20 billion. It is my hope that these important
provisions will help ensure health care providers can continue offering
quality and affordable health care services to rural communities in my
State and across the Nation.
Those are positive aspects of the recently enacted Medicare
legislation. But, as I said when we passed it, the bill also had a
number of significant flaws. The bill I am introducing today addresses
these flaws and makes some important improvements to the new Medicare
law.
To be clear, my new legislation does not include every change I would
like to make to the Medicare law. To do that, we would need to spend
hundreds of billions of dollars. Given the Federal budget deficit we
are facing, this is simply not possible.
But it is possible to make some common-sense improvements to the
bill. And that is what my legislation does. Let me describe it in
further detail.
The first area of my bill will include new measures to reduce the
costs of prescription drugs. We know that drug costs have skyrocketed
over the last few years. This is a real problem for seniors and others
across the Nation who are having increasing trouble affording their
medications.
It is also a problem for the Medicare program, which will face
increasing cost pressures when we add the new drug benefit. Given this
situation, we must take steps to reduce and control drug costs. My
legislation would do that in two ways.
First, it would allow pharmacists and licensed wholesalers to
reimport less expensive drugs from Canada. The Medicare bill gives the
Department of
[[Page S4330]]
Health and Human Services authority to allow this reimportation, but it
put roadblocks in place that will effectively ensure reimportation
never happens.
My bill would remove these roadblocks and allow reimportation to
begin immediately. If at any time a reimported drug is found to be
unsafe, the Secretary would have authority to immediately suspend
reimportation of this product.
The second thing my bill would do to reduce costs is to allow the
Secretary of HHS to negotiate with drug companies to lower the costs of
medications in the new drug benefit.
As my colleagues know, the Medicare law specifically prohibits the
Secretary from directly negotiating with pharmaceutical companies to
lower drug prices. We know that allowing the government to negotiate in
other programs, like the VA, has significantly lowered costs. There's
no reason we shouldn't also allow it in the new Medicare drug benefit.
In addition to taking steps to reduce drug costs, my legislation also
includes measures to improve the stability of the Medicare drug
benefit.
Under the new Medicare benefit, I am concerned that seniors may face
different drug costs, different drug formularies, and different
approved pharmacies as they switch from plan-to-plan every year. If we
know anything, we know that seniors want certainty.
One way to fix this is to allow seniors to stay in the drug plan of
their choice for more than 1 year--even if it is a ``government
fallback plan.'' My legislation includes this change.
Another shortfall of the new Medicare law is that it prohibits
seniors from purchasing supplemental insurance to assist with costs not
covered by the new benefit. My legislation would lift this restriction
and give seniors another choice for covering their medication costs.
Beyond that, my legislation also includes new measures to ensure
seniors retain access to the local pharmacy of their choice. In many
communities, the local pharmacist is the most accessible source of
health care services. Given this, my bill contains measures to protect
local pharmacy services.
Specifically, it would require that the Medicare program allow
seniors to go to their local pharmacy to get their prescriptions
filled, rather than forcing them to receive their drugs by mail-order
or forcing them to go to a pharmacy in a nursing home or hospital that
may not be as accessible. My hope is that this provision would ensure
that seniors can continue to visit their local pharmacist.
My legislation would also authorize $500 million that could be used
to help pharmacists cover the costs of educating seniors about the new
drug plan choices. This funding would provide pharmacists a one-time
payment for providing information to seniors as they enroll in the new
benefit.
My bill also includes other measures to provide seniors with better
information about the new drug benefit. Specifically, it would require
drug plans to provide seniors with detailed information about what
drugs will be covered--before the seniors signs up. It also would
require that plans inform seniors of any changes to these covered
drugs--either through the telephone, by mail or on the Internet.
My legislation would also take other steps to protect seniors by
repealing the premium support demonstration project that is set to
begin in 2010. Although seniors will be able to choose whether they
want to enter private plans under this demonstration, I believe it is a
step in the wrong direction toward privatizing the program and could
drive up premiums for those in fee-for-service. Given this, my bill
will repeal this privatization demonstration.
Finally, my bill includes additional measures that will help reduce
spending and protect the financial integrity of the Medicare program.
In particular, the legislation will include measures to expand the
chronic care management demonstration project in the Medicare law.
Today, roughly 5 percent of seniors account for about 50 percent of
the entire Medicare budget. The Medicare law will test providing
coordinated care to these beneficiaries, which many believe will help
improve quality of care and reduce costs. My legislation will build on
this effort by providing additional resources to expand chronic care
management to more areas of the country. I believe this will save money
for Medicare and improve health outcomes for these seniors.
Finally, my new legislation will eliminate provisions in the Medicare
law that provide unfair, extra payments to private plans. Specifically,
it will repeal a new $8.9 billion taxpayer subsidy to bring more
private plans into the market. It will also address inequities that
currently allow HMOs to receive significantly higher payments than
traditional Medicare--for serving the exact same patient. These
policies are simply a waste of money.
According to unofficial estimates by the Congressional Budget Office,
eliminating these private plan overpayments could result in significant
cost savings. Under my plan, these cost savings would be used to reduce
the Federal budget deficit, which has reached record levels this year.
This is a basic overview of the provisions that will be included in
my new legislation--the Medicare Prescription Drug Improvement Act (the
MEND Act).
I believe this legislation will take significant steps toward
improving the new Medicare law. I would like to thank Senator Lincoln
for joining me in this effort and I look forward to working with my
colleagues on this important legislation.
______
By Mrs. BOXER:
S. 2344. A bill to permit States to require insurance companies to
disclosure insurance information; to the Committee on the Judiciary.
Mrs. BOXER. Mr. President, today I am introducing the Armenian
Victims Insurance Fairness Act. This bill is the Senate companion to
legislation introduced by Congressman Adam Schiff, my good friend and
colleague from the 29th District of California.
This legislation authorizes states to enact laws that require
insurance companies to disclose and make public information about any
policy issued in areas controlled by the Ottoman Empire between 1875
and 1923.
This week marks the 89th anniversary of the Armenian Genocide.
Between 1915 and 1923, the Ottoman Empire conducted the first Genocide
of the 20th Century, killing an estimated 1.5 million Armenians and
displacing thousands more. The campaign was so devastating that at the
beginning of World War I, there were 2.1 million Armenians living in
the Ottoman Empire. Following the Genocide, fewer than 100,000
Armenians remained.
This legislation is important because survivors and descendants of
the Armenian Genocide are still trying to recoup the benefits owed to
them under the tens of thousands of insurance policies that were issued
prior to the Genocide. According to a news report, one Californian has
been attempting to collect on an insurance policy for 40 years, but has
been stonewalled by the company that issued the policy.
Insurance policy documents were often destroyed during the Genocide,
and death certificates were not issued to those Armenians who lost
their lives. Therefore, survivors and descendants can only rely on the
documents held by insurance companies as proof that they are owed
benefits. Unfortunately, we have seen little cooperation from insurance
companies on disclosing these documents and opening up their records.
This bill closely follows legislation that would help Jewish
Holocaust survivors. Last year, the Supreme Court ruled that a
California state law requiring the disclosure of insurance information
related to Holocaust-era policies was unconstitutional--in part because
of the Federal Government's responsibility to make foreign policy. I
support pending legislation to allow States to pass laws requiring the
disclosure of Holocaust-era policies.
My bill is designed to ensure that state laws to force insurance
companies to disclose insurance information on policies related to the
Armenian Genocide do not run into similar legal challenges.
It is an injustice to the memories of those slain during the Armenian
Genocide that insurance companies have not paid the benefits owed to
the survivors and victims of this tragic chapter of history. This
legislation will help survivors and their families pursue these claims.
[[Page S4331]]
I urge my colleagues to support the Armenian Victims Insurance
Fairness Act.
______
By Mr. DODD:
S. 2345. A bill to improve the No Child Left Behind Act of 2001, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. DODD. Mr. President, I come to the floor of the Senate today to
introduce legislation, ``The No Child Left Behind Reform Act.'' This
legislation makes three basic changes to the No Child Left Behind Act
which was signed into law in January of 2002.
The No Child Left Behind Act received the support of this Senator and
86 of our colleagues. Like most, if not all, of our colleagues who
supported this bill, I supported it because I care about improving the
quality of education in America for all of our children. I believed
that this law would help to achieve that goal by establishing more
rigorous standards for measuring student achievement, by helping
teachers do a better job of instructing students, and last but not
least, by providing the resources desperately needed by our schools for
even the most basic necessities to help put the reforms we passed into
place.
Regrettably, the high hopes that I and many others had for this law
have not been realized. The law is being implemented by the
Administration in a manner that is inflexible, unreasonable and
unhelpful to students. Furthermore, the law is not only failing to help
teachers do their best in the classroom, it reflects, along with other
Administration policies and pronouncements, a neglect and even
hostility towards members of the teaching profession.
Worse still, the Administration's promise of sufficient resources to
implement No Child Left Behind's much needed reforms is a promise that
has yet to be kept. Indeed, the current budget proposed by the Bush
Administration underfunds No Child Left Behind by $9.4 billion. Since
passage slightly over 2 years ago, the law has been funded at a level
that is more than $26 billion below what was promised when the
President signed the Act into law.
As a result of the failures of the current Administration to fulfill
its commitment to our nation's school children under this law, those
children and their teachers are today shouldering new and noteworthy
hardships. Throughout the State of Connecticut, for example, students,
teachers, administrators and parents are struggling to implement
requirements that are often confusing, inflexible and unrealistic. And
they are struggling to do so without the additional resources they were
promised to put them into place.
As I have said on numerous occasions in the past, resources without
reforms are a waste of money. By the same token, reforms without
resources are a false promise--a false promise that has left students
and their teachers grappling with new burdens and little help to bear
them.
The legislation I am introducing today proposed to make three changes
to the No Child Left Behind Act. These changes will ease current
burdens on our students, our teachers and our administrators without
dismantling the fundamental underpinnings of the law.
First, the No Child Left Behind Reform Act will allow schools to be
given credit for performing well on measures other than test scores
when calculating student achievement. Test scores are an important
measure of student knowledge. However, they are not the only measure.
There are others as well. These include dropout rates, the number of
students who participate in advanced placement courses, and measures of
individual student improvement over time. Unfortunately, current law
does not allow schools to use these additional measures in a
constructive manner. Additional measures can only be used as a measure
of how a school is failing, not how a school is succeeding. This
legislation will allow schools to earn credit for succeeding.
Second, the No Child Left Behind Reform Act will allow schools to
target school choice and supplemental services to the students that
actually demonstrate a need for them. As the current law is being
implemented by the Administration, if a school is in need of
improvement it is expected to offer school choice and supplemental
services to all students--even if not all students have demonstrated a
need for them. That strikes me as a wasteful and imprecise way to help
a school improve student performance. For that reason, this legislation
will allow schools to target resources to the students that actually
demonstrate that they need them. Clearly, this is the most efficient
way to maximize their effect.
Finally, the No Child Left Behind Reform Act introduces a greater
degree of reasonableness to the teacher certification process. As it is
being implemented, the law requires teachers to be ``highly qualified''
to teach every subject that they teach. Certainly none of us disagree
with this policy as a matter of principle. But as a matter of practice,
it is causing confusion and hardship for teachers, particularly
secondary teachers and teachers in small school districts. For example,
as the law is being implemented by the Administration, a high school
science teacher could be required to hold degrees in biology, physics
and chemistry to be considered highly qualified. In small schools where
there may be only one 7th or 8th grade teacher teaching all subjects,
these teachers could similarly be required to hold degrees in every
subject area.
Such requirements are unreasonable at a time when teachers are
increasingly hard to find. The legislation I introduce today will allow
States to create a single assessment to cover multiple subjects for
middle grade level teachers and allow states to issue a broad
certification for science and social studies.
In my view, these changes will provide significant assistance to
schools in Connecticut and other states currently struggling to comply
with the No Child Left Behind law. I would hope that our colleagues
would look with some favor on it.
Of equal if not greater importance is the urgent need to provide our
schools with the additional resources they need to help our children
learn. Obviously, funding this law is beyond the scope of this bill. I
would note, however, that efforts to increase education funding to
authorized levels have thus far been unsuccessful.
Earlier this year, I supported Senator Murray's amendment to fully
fund No Child Left Behind by increasing the budget allocation by $8.6
billion. Unfortunately, Senator Murray's amendment was defeated purely
on party lines. Clearly, funding for No Child Left Behind is not at the
top of the Majority's priority list. I will continue to work to change
this outcome. Clearly, our children deserve the resources needed to
make their dreams for a better education a reality.
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. 2345
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 ``No Child Left Behind Reform
Act''.
SEC. 2. ADEQUATE YEARLY PROGRESS.
(a) Definition of Adequate Yearly Progress.--Section
1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended--
(1) in subparagraph (C)(vii)--
(A) by striking ``such as'';
(B) by inserting ``such as measures of individual or cohort
growth over time based on the academic assessments
implemented in accordance with paragraph (3),'' after
``described in clause (v),''; and
(C) by striking ``attendance rates,''; and
(2) in subparagraph (D)--
(A) by striking clause (ii);
(B) by striking ``the State'' and all that follows through
``ensure'' and inserting ``the State shall ensure''; and
(C) by striking ``; and'' and inserting a period.
(b) Academic Assessment and Local Educational Agency and
School Improvement.--Section 1116(a)(1)(B) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(a)(1)(B))
is amended by striking ``, except that'' and all that follows
through ``action or restructuring''.
SEC. 3. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF
AYP.
Part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at
the end the following:
``SEC. 1120C. GRANTS FOR INCREASING DATA CAPACITY FOR
PURPOSES OF AYP.
``(a) Grant Authority.--The Secretary may award grants, on
a competitive basis, to
[[Page S4332]]
State educational agencies to enable the State educational
agencies to develop or increase the capacity of data systems
for accountability purposes and award subgrants to increase
the capacity of local educational agencies to upgrade,
create, or manage information databases for the purpose of
measuring adequate yearly progress.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to State educational agencies
that have created, or are in the process of creating, a
growth model or proficiency index as part of their adequate
yearly progress determination.
``(c) State Use of Funds.--Each State that receives a grant
under this section shall use--
``(1) not more than 20 percent of the grant funds for the
purpose of increasing the capacity of, or creating, State
databases to collect information related to adequate yearly
progress; and
``(2) not less than 80 percent of the grant funds to award
subgrants to local educational agencies within the State to
enable the local educational agencies to carry out the
authorized activities described in subsection (d).
``(d) Authorized Activities.--Each local educational agency
that receives a subgrant under this section shall use the
subgrant funds to increase the capacity of the local
educational agencies to upgrade databases or create unique
student identifiers for the purpose of measuring adequate
yearly progress, by--
``(1) purchasing database software or hardware;
``(2) hiring additional staff for the purpose of managing
such data;
``(3) providing professional development or additional
training for such staff; and
``(4) providing professional development or training for
principals and teachers on how to effectively use such data
to implement instructional strategies to improve student
achievement.
``(e) State Application.--Each State educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(f) LEA Application.--Each local educational agency
desiring a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may require. Each such application shall
include, at a minimum, a demonstration of the local
educational agency's ability to put such a database in place.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part
$80,000,000 for each of fiscal years 2005, 2006, and 2007.''
SEC. 4. TARGETING TRANSFER OPTIONS AND SUPPLEMENTAL SERVICES.
(a) Targeting Transfer Options and Supplemental Services.--
Section 1116 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316) is amended--
(1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and
(8)(A)(i) of subsection (b), by striking the term ``all
students enrolled in the school'' each place such term
appears and inserting ``all students enrolled in the school,
who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2),'';
(2) in subsection (b)(1), by adding at the end the
following:
``(G) Maintenance of least restrictive environment.--A
student who is eligible to receive services under the
Individuals with Disabilities Education Act and who uses the
option to transfer under subparagraph (E), paragraph (5)(A),
(7)(C)(i), or (8)(A)(i), or subsection (c)(10)(C)(vii), shall
be placed and served in the least restrictive environment
appropriate, in accordance with the Individuals with
Disabilities Education Act.'';
(3) in clause (vii) of subsection (c)(10)(C), by inserting
``, who are members of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2),''
after ``Authorizing students''; and
(4) in subparagraph (A) of subsection (e)(12), by inserting
``, who is a member of a group described in section
1111(b)(2)(C)(v) that fails to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2)''
after ``under section 1113(c)(1)''.
(b) Student Already Transferred.--A student who transfers
to another public school pursuant to section 1116(b) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)) before the effective date of this section and the
amendments made by this section, may continue enrollment in
such public school after the effective date of this section
and the amendments made by this section.
(c) Effective Date.--This section and the amendments made
by this section shall be effective for each fiscal year for
which the amount appropriated to carry out title I of the
Elementary and Secondary Education Act of 1965 for the fiscal
year, is less than the amount authorized to be appropriated
to carry out such title for the fiscal year.
SEC. 5. DEFINITION OF HIGHLY QUALIFIED TEACHERS.
Section 9101(23)(B)(ii) of the Elementary and Secondary Act
of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended--
(1) in subclause (I), by striking ``or'' after the
semicolon;
(2) in subclause (II), by striking ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(III) in the case of a middle school teacher, passing a
State approved middle school generalist exam when the teacher
receives the teacher's license to teach middle school in the
State;
``(IV) obtaining a State social studies certificate that
qualifies the teacher to teach history, geography, economics,
and civics in middle or secondary schools, respectively, in
the State; or
``(V) obtaining a State science certificate that qualifies
the teacher to teach earth science, biology, chemistry, and
physics in middle or secondary schools, respectively, in the
State; and''.
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