[Congressional Record Volume 153, Number 127 (Friday, August 3, 2007)]
[Senate]
[Pages S10905-S10937]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ROCKEFELLER (for himself, Mr. Inouye, and Mr. Sanders):
S. 1990. A bill to amend part D of title III of the Public Health
Service Act to authorize grants and loan guarantees for health centers
to enable the centers to fund capital needs projects, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. ROCKEFELLER. Mr. President, today I rise with Senators Inouye and
Sanders to introduce a very important bill--the Build, Update, Improve,
Lift, and Design Health Centers Act of 2007. Also known as the BUILD
Act, this legislation would provide building grants and loan guarantees
to community health centers qualified under Section 330 of the Public
Health Service Act. This widely-needed source of funding would be used
for clinic renovation, replacement, modernization, and/or expansion in
order to support community health centers in their on-going efforts to
deliver high-quality health care in medically underserved areas.
Research from the National Association of Community Health Centers
and the Robert Graham Center indicates that there are 56 million
Americans that do not have access to a primary care provider,
regardless of insurance. Another 45 million Americans lack health
insurance or the funds to pay out-of-pocket for their basic health care
needs. This means that more than 100 million Americans do not get the
medical treatment they need each year.
Established over 40 years ago, community health centers are the
backbone of America's health care safety net. Encompassing a network of
over 1,000 centers, they provide much needed care to nearly 16 million
people each year, including one in five children. 40 percent of health
center patients are uninsured while Medicaid and CHIP cover
approximately 36 percent. More than 70 percent of patients live in
poverty. The average annual cost per patient is small, roughly $1.25
per day. However, the benefits of community health centers are great.
People in areas served by these clinics are less likely to use
emergency room services and have unmet health care needs. Without these
centers, many people, particularly those in rural areas, would have
nowhere to turn.
Clearly, our Nation's health centers bring health care to those in
need, but these health centers are in need as well. Renovation and
modernization are important to keep these buildings intact and up-to-
date. According to the National Association of Community Health
Centers, 30 percent of the buildings are more than 30 years old and 12
percent are more than 50 years old. Narrow operating margins, however,
mean that most health centers do not have the resources necessary to
pay for the capital improvements or new facilities needed to continue
providing effective health care.
In recent years, the President and the Senate have supported dramatic
increases in funding to create a number of new community health
centers. However, there has been no corresponding commitment to address
the desperate need for renovation and modernization of the older
centers.
Currently, the Federal Government has no authority to provide grants
or loan guarantees to address the building and capacity needs of
existing community health centers. The BUILD Act provides such
authority and, in doing so, supports the ability of these clinics to
continue offering high quality, cost-effective care now and into the
future.
I urge my colleagues to join me in support of this critical
legislation. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1990
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 ``Build, Update, Improve,
Lift, and Design Health Centers Act of 2007'' or the ``BUILD
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Many health care experts believe that lack of access to
basic health services is our Nation's single most pressing
health care problem. There are 56,000,000 Americans that do
not have access to a primary care provider, whether they have
health insurance or not. In addition, more than 45,000,000
Americans lack health insurance and have difficulty accessing
care due to the inability to pay for such care.
(2) Health centers, including community health centers,
migrant health centers, health centers for the homeless, and
public housing health centers, address the health care access
problem by providing primary care services in thousands of
rural and urban medically-underserved communities throughout
the United States.
(3) Health centers provide basic health care services to
16,000,000 Americans each year, including nearly 9,500,000
minorities, 850,000 farmworkers, and 750,000 homeless
individuals. One in five children from low-income families
receives care through health centers.
(4) Studies show that health centers provide high-quality
and cost-effective health care. The average yearly cost for a
health center patient is approximately $1.25 per day.
(5) One of the most effective ways to address America's
health care access problem is by dramatically expanding
access to health centers, as both the Senate and the
President have proposed.
(6) Many existing health centers operate in facilities that
desperately need renovation or modernization. Thirty percent
of health centers are located in buildings that are more than
30 years old, with 12 percent of such centers operating out
of facilities that are more than 50 years old. In a survey of
health centers in 11 States, 2/3 of those centers identified
a need to improve, expand, or replace their current facility.
An extrapolation based on this survey indicates there may be
as much as $2,200,000,000 in unmet capital needs in our
Nation's health centers.
(7) Dramatically increasing access to health centers
requires building new facilities in communities that have
access problems and lack a health center.
(8) Health centers often do not have the means to pay for
capital improvements or new facilities. While most health
centers raise some funds through private donations, it is
difficult to raise sufficient amounts for capital needs
without a middle-upper-class donor base similar to other
nonprofit organizations like universities and hospitals.
(9) Health centers have a limited ability to support loan
payments. Due to an increasing number of uninsured patients
and the fact that many health care reimbursements are less
than the cost of care, health centers rarely have more than
minimal positive operating margins. Yet lenders are rarely
willing to take risks on nonprofit organizations without
these positive margins.
(10) While the Federal Government currently provides grants
to health centers to assist with operational expenses used to
provide care to a medically underserved population, there is
no authority to provide grants to assist health centers to
meet capital needs, such as construction of new facilities or
modernization, expansion, or replacement of existing
buildings.
(11) To assist health centers with their mission of
providing health care to the medically underserved, the
Federal Government should supplement local efforts to meet
the capital needs of health centers.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Health Care Facility Grants and Loan Guarantees.--
Subpart I of part D of title III of the Public Health Service
Act (42 U.S.C. 254b et seq.) is amended by adding at the end
the following:
``SEC. 330R. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES.
``(a) Eligible Health Center Defined.--In this section, the
term `eligible health center' means a health center that
receives--
``(1) a grant, on or after the date of enactment of this
section, under subsection
[[Page S10906]]
(c)(1)(A), (e)(1)(A), (e)(1)(B), (f), (g), (h), or (i) of
section 330; or
``(2) a subgrant, on or after the date of enactment of this
section, from a grant awarded under such provision of law.
``(b) Grant Program Authorized.--
``(1) In general.--The Secretary may award grants to
eligible health centers to pay for the costs described in
paragraph (2).
``(2) Use of funds.--An eligible health center that
receives a grant under paragraph (1) may use the grant funds
to--
``(A) modernize, expand, and replace existing facilities at
such center; and
``(B) construct new facilities at such center.
``(3) Limitation.--
``(A) In general.--Subject to subparagraph (B), the Federal
share of a grant awarded under paragraph (1) to expand an
existing, or construct a new, facility shall not exceed 90
percent of the total cost of the project (including interest
payments) proposed by the eligible health center.
``(B) Exception.--The Federal share maximum under
subparagraph (A) shall not apply if--
``(i) the total cost of the project proposed by the
eligible health center is less than $750,000; or
``(ii) the Secretary waives such maximum upon a showing of
good cause.
``(c) Facility Loan Guarantees.--
``(1) In general.--
``(A) In general.--The Secretary shall establish a program
under which the Secretary may guarantee not less than 90
percent of the principal and interest on the total amount of
loans made to an eligible health center by non-Federal
lenders in order to pay for the costs associated with a
capital needs project described in subparagraph (B).
``(B) Projects.--Capital needs projects under this
subsection include--
``(i)(I) acquiring, leasing, modernizing, expanding, or
replacing existing facilities;
``(II) constructing new facilities; or
``(III) purchasing or leasing equipment; or
``(ii) the costs of refinancing loans made for any of the
projects described in clause (i).
``(C) Not a federal subsidy.--Any loan guarantee issued
pursuant to this subsection shall not be deemed a Federal
subsidy for any other purpose.
``(2) Authority for loan guarantee program.--With respect
to the program established under paragraph (1), the Secretary
shall assume such authority--
``(A) as the Secretary has under paragraphs (2) and (4) of
section 330; and
``(B) under section 1620 as the Secretary determines is
necessary and appropriate.
``(3) Health center project applications.--The Secretary
shall require that all applicants for grants and loans under
this section--
``(A) comply with the conditions set forth in section 1621,
as in effect on the date of enactment of this section, with
respect to activities authorized for assistance under
subsections (b)(2) and (c)(1)(B) in the same manner that
applicants for loans, loan guarantees, or grants for medical
facilities projects under such section are required to comply
with such conditions, unless such conditions are, by their
terms, otherwise inapplicable; and
``(B)(i) give priority to contractors that employ
substantial numbers of workers who reside in the area to be
served by the health center; and
``(ii) include in the construction contract involved a
requirement that the contractor will give priority in hiring
new employees to residents of such area.
``(4) Definitions.--In this subsection:
``(A) Facilities.--The term `facilities' means a building
or buildings used by a health center, in whole or in part, to
provide services permitted under section 330 and for such
other purposes as are not specifically prohibited under such
section as long as such use furthers the objectives of the
health center.
``(B) Non-federal lender.--The term `non-Federal lender'
means any entity other than an agency or instrumentality of
the Federal Government authorized by law to make loans,
including a federally-insured bank, a lending institution
authorized or licensed to make loans by the State in which it
is located, a community development finance institution or
community development entity (as designated by the Secretary
of the Treasury), any such lender as the Secretary may
designate, and a State or municipal bonding authority or such
authority's designee.
``(d) Evaluation.--Not later than 3 years after the date of
enactment of this section, the Secretary shall prepare a
report containing an evaluation of the programs authorized
under this section. Such report shall include recommendations
on how this section can be improved to better help health
centers meet such centers' capital needs in order to expand
access to health care in the United States.
``(e) Authorization.--For the purpose of carrying out this
section, the Secretary shall use not more than 5 percent of
any funds appropriated pursuant to section 330(s) (relating
to authorization of appropriations). In addition, funds
appropriated for fiscal years 1997 and 1998 under the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts of 1997
and 1998, which were made available for loan guarantees for
loans made by non-Federal lenders for construction,
renovation, and modernization of medical facilities that are
owned and operated by health centers and which have not been
expended, shall be made available for loan guarantees under
this section.''.
(b) Authorization of Appropriations.--Section 330(r)(1) of
the Public Health Service Act (42 U.S.C. 254b(r)(1))
(relating to authorization of appropriations) is amended by
striking ``this section'' and inserting ``this section and
section 330R''.
______
By Mr. BUNNING:
S. 1991. A bill to authorize the Secretary of the Interior to conduct
a study to determine the suitability and feasibility of extending the
Lewis and Clark National Historic Trail to include additional sites
associated with the preparation and return phases of the expedition,
and for other purposes; to the Committee on Energy and Natural
Resources.
Mr. BUNNING. Mr. President, I would like to introduce a bill to
authorize the National Park Service to conduct a comprehensive study to
examine the extension of the Lewis and Clark National Historic Trail to
include additional sites associated with the preparation or return
phase of the expedition, commonly known as the ``Eastern Legacy.''
On May 14, 1804, Lewis and Clark, along with the Corps of Discovery
departed from Camp Dubois, IL, to set out on voyage that would shed
light on a landscape that had only been considered legend at the time.
But this American tale of adventure, determination, and curiosity did
not begin there. The 8,000-mile, 32-month expedition through the
uncharted West and back to Washington, DC, started more than a year
earlier in Virginia.
In 1803, Meriwether Lewis traveled through Maryland, Pennsylvania,
Virginia, and West Virginia purchasing supplies and learning everything
he could about botany, paleontology, navigation, and field medicine.
The intrepid explorer and his growing crew then traveled down the Ohio
River through Ohio and Indiana, meeting up with William Clark in
Louisville, KY. Along this rich trail are many landmarks and sites that
serve to honor and educate about this important event in American
history.
Whether it is commemorating the American spirit or teaching about the
early Republic, the Lewis and Clark National Historic Trail is an
enduring resource for education. A sea-to-sea trail would make it the
largest and longest trail in the National Park System, guiding visitors
from across the Nation to all parks and interpretive centers.
This extension, a few years after the successful bicentennial
celebration, will continue to raise the profile of the Lewis and Clark
Trail and increase the potential for tourism revenue in States across
the country. Including the eastern portion of the trail will garner
greater Lewis and Clark interest east of the Mississippi and bring
unity to this American expedition of East meeting West.
______
By Mr. DURBIN (for himself, Mr. Hagel, Mrs. Feinstein, Mrs.
Clinton, Mr. Dodd, Mrs. Murray, and Mr. Johnson):
S. 1998. A bill to reduce child marriage, and for other purposes; to
the Committee on Foreign Relations.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1998
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 ``International Child Marriage
Prevention and Protection Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that child marriage in developing
nations is often associated with adverse economic and social
consequences and is dangerous to the health, security, and
well-being of girls and detrimental to the economic
development of communities.
(2) The issue of child marriage is interwoven with broader
social and cultural issues and is most effectively addressed
as a development challenge through integrated, community-
based approaches to promote and support girls' education and
skill-building and healthcare, legal rights, and awareness
for girls and women.
(3) As Charlotte Ponticelli, Senior Coordinator for
International Women's Issues for the Department of State,
stated on September 14, 2005: ``It is unconscionable that in
[[Page S10907]]
the 21st century girls as young as 7 or 8 can be sold as
brides. There is no denying that extreme poverty is the
driving factor that has enabled the practice to continue,
even in countries where it has been outlawed . . . We need to
be shining the spotlight on early marriage and its underlying
causes . . . We must continue to do everything we can to
ensure that girls have every opportunity to become agents of
change and to expand the `realm of what is possible' for
their societies and the world at large.''
(4) The severity of the adverse impact of child marriage
increases as the age at marriage and first childbirth
decreases.
(5) A Department of State survey in 2005 found that child
marriage was a concern in 64 out of 182 countries surveyed
and that the practice is especially acute in sub-Saharan
Africa and South Asia.
(6) According to the United Nations Children's Fund, in
Ethiopia and in parts of West Africa marriage at the age of 7
or 8 is not uncommon.
(7) In developing countries, girls aged 10 to 14 who become
pregnant are 5 times more likely to die in pregnancy or
childbirth than women aged 20 to 24.
(8) Girls in sub-Saharan Africa are at much higher risk of
suffering obstetric fistula.
(9) According to the Department of State: ``Pregnancy at an
early age often leads to obstetric fistulae and permanent
incontinence. In Ethiopia, treatment is available at only 1
hospital in Addis Ababa that performs over 1,000 fistula
operations a year. It estimates that for every successful
operation performed, 10 other young women need the treatment.
The maternal mortality rate is extremely high due, in part,
to food taboos for pregnant women, poverty, early marriage,
and birth complications related to FGM [Female Genital
Mutilation], especially infibulation.''.
(10) Adolescents are at greater risk of complications
during childbirth that can lead to fistula because they have
less access to health care and are subject to other
significant risk factors related to the mother's physical
immaturity.
(11) In nearly every case of obstetric fistula, the baby
will be stillborn.
(12) The physical symptoms of obstetric fistula include
incontinence or constant uncontrollable leaking of urine or
feces, frequent bladder infections, infertility, and foul
odor. The condition often leads to the desertion of fistula
sufferers by husbands and family members and extreme social
stigma.
(13) Although data on obstetric fistula are scarce, the
World Health Organization (WHO) estimates that there are more
than 2,000,000 women living with fistula and 50,000 to
100,000 new cases each year. These figures are based on the
number of women who seek medical care. Many more suffer from
the disabling condition.
(14) Adolescent girls are more susceptible than mature
women to sexually transmitted infections, including HIV, due
to both biological and social factors.
(15) Research in several countries with high rates of HIV
infection indicates that married girls are at greater risk
for HIV than their unmarried peers.
(16) Child marriage can have additional long-term
consequences when combined with female genital cutting
because the girls who have undergone that procedure can
experience greater complications during pregnancy, leading to
lasting health problems for themselves and their children.
(17) Child marriage is a leading barrier to girls'
education in certain developing countries.
(18) A high incidence of child marriage undermines the
efforts of developing countries and donor countries,
including the United States, to promote economic and social
development.
(19) The causes of child marriage include poverty, custom,
and the desire to protect girls from violence or premarital
sexual relations.
(20) Child marriage may also be a product of gender
violence in which a man abducts and rapes a girl and then,
sometimes through negotiations with traditional leaders,
negotiates a settlement with the girl's parents, including
marriage to the victim.
(21) The practice of child marriage is considered a
``harmful traditional practice'' by the United Nations
Children's Fund.
(22) The Convention on Consent to Marriage, Minimum Age for
Marriage, and Registration of Marriages, adopted at the
United Nations, December 10, 1962, requires the parties to
the Convention to overcome all ``customs, ancient laws, and
practices by ensuring complete freedom in the choice of a
spouse, eliminating completely child marriages and the
betrothal of young girls before the age of puberty''.
(23) The African Charter on the Rights and Welfare of the
Child, which entered into force in 1990, provides that
``child marriage and the betrothal of girls and boys shall be
prohibited and effective action, including legislation, shall
be taken to specify the minimum age of marriage to be
eighteen years''.
(24) In Ethiopia, Girls' Activity Committees, community-
based groups formed to support girls in school and advocate
for girls' education, have conducted community awareness and
informational campaigns, enlisted the assistance of
traditional clan and religious leaders, discouraged families
from practicing child marriage, encouraged girls' school
attendance, and taken steps to reduce gender-based violence
and create safer environments for girls en route to or from
school and in the classroom.
(25) Recognizing the importance of the issue and the
effects of child marriage, the Senior Coordinator for
International Women's Issues of the Department of State
initiated an effort in 2005 to collect and assess information
on the incidence of child marriage and on the existence and
effectiveness of initiatives funded by the United States to
reduce the incidence of child marriage or the negative
effects of child marriage and to measure the need for
additional programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Agency.
(2) Agency.--Except as otherwise provided in this Act, the
term ``Agency'' means the United States Agency for
International Development.
(3) Child marriage.--The term ``child marriage'' means the
legal or traditional marriage of a girl or boy who has not
yet reached the minimum age for marriage stipulated in law in
the country of which they are a citizen.
(4) Developing nation.--The term ``developing nation''
means any nation eligible to receive assistance from the
International Development Association or the International
Bank for Reconstruction and Development.
(5) HIV.--The term ``HIV'' has the meaning given that term
in section 3 of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).
(6) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given
that term in section 3 of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7602).
(7) Obstetric fistula.--The term ``obstetric fistula''
means a rupture or hole in tissues surrounding the vagina,
bladder, or rectum that occurs during prolonged, obstructed
childbirth.
(8) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the Department
of State, the Agency, the Department of Health and Human
Services, and any other department or agency of the United
States, including the Millennium Challenge Corporation, that
is involved in implementing international health or
development policies and programs of the United States.
(9) Secretary.--Except as otherwise provided in this Act,
the term ``Secretary'' means the Secretary of State.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the untapped economic and educational potential of
girls and women in many developing nations represent an
enormous loss to those societies;
(2) expanding educational opportunities for girls and
economic opportunities for women and reducing maternal and
child mortality are critical to the achievement of
internationally recognized health and development goals and
of many global health and development objectives of the
United States, including efforts to prevent HIV/AIDS;
(3) since child marriage is a leading barrier to the
continuation of girl's education in many developing
countries, it is important to integrate this issue into new
and existing United States-funded efforts to promote
education, strengthen legal rights and legal awareness,
reduce gender-based violence, and promote skill-building and
economic opportunities for girls and young women in regions
with a high incidence of child marriage; and
(4) effective community-based efforts to reduce and move
toward the elimination of child marriage as part of an
integrated strategy to promote girls' education and
empowerment will yield long-term dividends in the health and
economic sectors in developing countries.
SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.
(a) Requirements for Strategy.--The Secretary shall develop
a comprehensive strategy, taking into account the work of the
relevant executive branch agencies, to reduce the incidences
of child marriage around the world by further integrating
this issue into existing and planned relevant United States
development efforts.
(b) Report on Strategy.--
(1) Requirement for report.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to Congress a report on the strategy described in subsection
(a), including a discussion of the elements described in
paragraph (2).
(2) Report elements.--The elements referred to in paragraph
(1) are the following:
(A) A description of existing or potential approaches to
prevent child marriage and address the vulnerabilities of
populations who may be at risk of child marriage.
(B) A description of programs funded by the United States
that address child marriage, and an assessment of the impact
of such programs in the areas of health, education, and
access to economic opportunities, including microfinance
programs.
(C) A description of programs funded by the United States
that are intended to prevent obstetric fistula.
(D) A description of programs funded by the United States
that support the surgical treatment of obstetric fistula.
(E) A description of the impact of child marriage on the
United States efforts to assist in achieving the goals set
out in the
[[Page S10908]]
United Nations Millennium Declaration adopted by the United
Nations General Assembly on September 8, 2000 (resolution 55/
2), including specifically the impact on efforts to--
(i) eliminate gender disparity in primary and secondary
education;
(ii) reduce child mortality;
(iii) improve maternal health; and
(iv) combat HIV/AIDS, tuberculosis, malaria, and other
disease.
(F) A description of the impact of child marriage on
achieving the purposes set out in section 602 of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701).
(G) A description of how the issue of child marriage can
best be integrated into existing or planned United States
programs to promote girls' education and skill-building,
healthcare, legal rights and awareness, and other relevant
programs in developing nations.
(c) Report on Child Marriage.--Not later than 2 years after
the date of the enactment of this Act, the Secretary, in
consultation with other appropriate officials, shall submit
to the Committees on Foreign Relations and Appropriations of
the Senate and the Committees on Foreign Affairs and
Appropriations of the House of Representatives a report that
describes--
(1) United States assistance programs that address child
marriage;
(2) the impact of child marriage on maternal mortality and
morbidity and on infant mortality in countries in which child
marriage is prevalent;
(3) the projected effect of such programs on increasing the
age of marriage, reducing maternal mortality and morbidity,
reducing the incidence of obstetric fistula, reducing the
incidence of domestic violence, increasing girls' access to
and completion of primary and secondary education, reducing
the incidence of early childbearing, and reducing HIV
infection rates among married and unmarried adolescents;
(4) the scale and scope of the practice of child marriage
in developing nations; and
(5) the status of efforts by the government of each
developing nation with a high incidence of child marriage to
eliminate such practices.
SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF
CHILDHOOD MARRIAGE AND OBSTETRIC FISTULA.
The President is authorized to provide assistance,
including through international, nongovernmental, or faith-
based organizations or through direct assistance to a
recipient country, for programs to reduce the incidences of
child marriage and promote the empowerment of girls and young
woman. Such assistance may include--
(1) improving the access of girls and young women in
developing nations to primary and secondary education and
vocational training;
(2) supporting community education activities to educate
parents, community leaders, and adolescents of the health
risks associated with child marriage and the benefits for
adolescents, especially girls, of access to education, health
care, employment, microfinance, and savings programs;
(3) supporting community-based organizations in encouraging
the prevention or delay of child marriage and its replacement
with other non-harmful rites of passage;
(4) increasing access of women to economic opportunities,
including microfinance and small enterprise development;
(5) supporting efforts to prevent gender-based violence;
(6) improving access of adolescents to adequate health
care;
(7) supporting programs to promote educational and economic
opportunities and access to health care for adolescents who
are already married;
(8) supporting the surgical repair of fistula, including
the creation or expansion of centers for the treatment of
fistula in countries with high rates of fistula, and the
care, support, and transportation of persons in need of such
surgery; and
(9) supporting efforts to reduce incidences of fistula,
including programs to increase access to skilled birth
attendants, and to promote access to family planning where
desired by local communities.
SEC. 7. RESEARCH AND DATA COLLECTION.
The Secretary shall work through the Agency and any other
relevant agencies of the Department of State, and in
conjunction with relevant executive branch agencies as part
of their ongoing research and data collection activities,
to--
(1) collect and make available data on the incidence of
child marriage in countries that receive foreign or
development assistance from the United States where the
practice of child marriage is prevalent; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on
progress in meeting key development goals.
SEC. 8. HUMAN RIGHTS REPORT.
The Secretary shall include in the Department of State's
Annual Country Reports on Human Rights Practices a section
for each country where child marriage is prevalent, outlining
the status of the practice of child marriage in that country.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.
There are authorized to be appropriated to carry out the
provisions of this Act, and the amendments made by this Act,
in addition to funds otherwise available for such purposes,
amounts as follows:
(1) $15,000,000 for fiscal year 2008.
(2) $20,000,000 for fiscal year 2009.
(3) $25,000,000 for fiscal year 2010.
______
By Mr. LIEBERMAN (for himself, Ms. Landrieu, and Mr. Coleman):
S. 2001. A bill to amend the Elementary and Secondary Education Act
of 1965, and for other purposes; to the Committee on Health, Education,
Labor, and Pensions.
Mr. LIEBERMAN. Mr. President, I rise today to introduce, together
with my colleagues Senator Mary Landrieu and Senator Norm Coleman, the
All Students Can Achieve Act. This bill represents a comprehensive
bipartisan proposal to strengthen and improve No Child Left Behind,
NCLB. We hope that many of the ideas contained in our proposal will be
considered by the HELP Committee as it tackles NCLB reauthorization,
and we look forward to working with the committee to that end.
Over 5 years ago, the President and Congress created a watershed
moment in American education when we enacted the No Child Left Behind
Act. We worked together across party lines and from both ends of
Pennsylvania Avenue to address an ongoing crisis in our public schools,
especially schools in minority and low-income communities, where
students' reading and math achievement was far below that of peers in
better off white communities.
Closing these student achievement gaps may be the most important
civil rights movement of our time. In No Child Left Behind we made a
national commitment to reject as unacceptable a system in which low-
income minority students were reading at a grade level 4 years below
that of their higher-income peers. We made a national commitment to
bring an end to that intolerable gap and to ensure that each and every
child, regardless of race, nationality or family income, could develop
his or her talents to the fullest.
No Child Left Behind had the goal of bringing all minority and
disadvantaged children, including children with disabilities, the
attention and support they need to succeed, by holding schools and
States accountable for delivering results to all of their students.
With passage of NCLB, we made a good start. Progress has occurred but
there is much more to be done to close the persistent gaps in student
achievement.
No Child Left Behind, which Congress must now reauthorize, provides a
foundation, but we now must take new, bold steps to fulfill the
national commitments we first made 5 years ago. So that is why today we
are presenting a significant reform proposal, which we are calling the
All Students Can Achieve Act, and which we ask our colleagues and the
President to give serious consideration as we work to reauthorize No
Child Left Behind.
I want to touch briefly on some of the key features in this bill that
build upon the reforms of the No Child Left Behind Act, and will attach
a more detailed summary at the conclusion of my remarks.
Central to our strategy for closing the achievement gap is the
pathway our bill creates for getting the very best teachers, teachers
who are the best at bringing real learning and real growth in
achievement to their students, into the schools and classrooms where
they are most needed. No one does more important work in our society
today than good teachers. We must attract, train and pay them as the
critical professionals that they are. In our proposal, we ask States to
move to a ``teacher effectiveness'' evaluation system. This system
would evaluate teacher performance based on results in the classroom.
To get to this point, States must develop comprehensive data systems
that can track individual student growth and performance, and link
student performance to individual teachers. We require and fund the
data systems, and permit development of so-called growth models for
compliance with Adequate Yearly Progress, AYP. Growth models give
schools credit for boosting student performance over time, even where
absolute test results are not at required levels. By linking student
growth to individual teachers, States can measure teacher effectiveness
by determining which teachers demonstrate learning gains in the
classroom.
Our proposal allows those States that have developed meritorious
teacher effectiveness systems to opt out of the
[[Page S10909]]
Federal Highly Qualified Teacher requirements, and to benefit from
additional flexibilities in the use of Federal funds. Further, since we
want to make sure that we can get the best teachers to the students
most in need, our bill requires an equitable distribution of effective
teachers across all schools and ultimately, after teacher professional
development, if teachers are still not effective, we assign them away
from our most needy schools. Our bill includes a provision to ensure
that future collective bargaining agreements allow this to happen. In
fact, because we recognize that there is nobody more important than a
teacher, especially the most effective teachers, our bill puts the
option of merit pay on the radar screen through a discretionary grant
program to support new ideas for teacher professional development,
tenure, assignment and compensation policies. We also seek to enrich
the quality of education by, among other things, giving schools the
option to bring in experienced professionals in math, science and
critical foreign languages, as members of an Adjunct Teacher Corps.
We strengthen accountability by closing the existing loopholes that
often prevent States and schools from truly measuring the actual
achievement of minority students. Instead of allowing minority students
to fall through the cracks of underachievement, this will force schools
to take the steps needed to close the achievement gap for those
students. Our bill gives parents the option of transferring their
children in failing schools to other public schools, including schools
across district lines if there is not an acceptable option within the
original school district. In addition, our bill provides a two-track
system for schools missing AYP. Schools missing AYP due to one or more
subgroups, but less than 50 percent of the student population, would go
through a more targeted attention program to address the problem areas.
Finally, we call for the development of voluntary American standards
and assessments. Here we seek to address the need to promote rigorous
standards and assessment of student learning to ensure that all
students, no matter where they are schooled, are taught the skills they
need to succeed in life. We call on the National Assessment Governing
Board, with an expanded membership to include more teachers and
business leaders, to develop these world class standards. States may
choose to adopt these standards, thereby freeing up State resources.
Alternatively, states could build their own assessments and standards
based on the American standards, keep their own standards and tests, or
team together in regional censorial to develop standards and
assessments. The Department of Education would report to Congress on
the variance between the rigor of state assessments and the American
standards and assessments in cases where the voluntary standards are
not used. It should be apparent that nothing in our bill would
interfere with State flexibility to determine teaching format and
substance.
In sum, No Child Left Behind is not just the name of an education
law. It remains a solemn and urgent commitment that we made to
America's children and parents. Because far too many children are still
left behind and denied the opportunity to succeed in our society, we
have renewed that commitment by offering this bill.
I want to thank my colleagues and cosponsors, Senators Mary Landrieu
and Norm Coleman, and their staffs for their help in shaping this bill.
I ask unanimous consent that the text of the bill and a detailed
summary be printed in the Record
There being no objection the material was ordered to be printed in
the Record, as follows:
S. 2001
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 ``All Students Can Achieve
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS
Sec. 101. Purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Requiring States to measure teacher effectiveness and
permitting growth models.
Sec. 104. Data systems.
Sec. 105. Highly effective teachers and principals.
Sec. 106. Permitting growth model systems.
Sec. 107. Innovative teacher and school incentive programs.
TITLE II--CLOSING THE ACHIEVEMENT GAP
Sec. 201. Purpose.
Sec. 202. Equitable distribution of highly effective teachers and non-
Federal funding.
Sec. 203. Strengthen and focus State capacity for school improvement
efforts.
TITLE III--ACHIEVING HIGH STANDARDS
Sec. 301. Purposes.
Sec. 302. Authorization of appropriations.
PART A--American Standards and Assessments
Sec. 311. American standards and assessments.
PART B--P-16 Education Stewardship Systems
Sec. 321. P-16 education stewardship commission.
Sec. 322. P-16 education State plans.
Sec. 323. P-16 education stewardship system grants.
Sec. 324. Reports.
TITLE IV--STRENGTHENING ACCOUNTABILITY
Sec. 401. Purposes.
Sec. 402. Authorizations.
Sec. 403. School intervention plan development.
Sec. 404. Comprehensive and focused intervention.
Sec. 405. Counting all children.
Sec. 406. Including science in the academic assessments.
Sec. 407. Mathematics and science partnerships.
Sec. 408. Children with disabilities and children who are limited
English proficient.
Sec. 409. Early childhood development.
Sec. 410. Adjunct teacher corps.
TITLE V--ENHANCEMENTS
Sec. 501. Purposes.
Sec. 502. Authorizations.
Sec. 503. Public school choice.
Sec. 504. Public charter schools.
Sec. 505. Parental involvement.
Sec. 506. Response to intervention.
Sec. 507. Universal design for learning.
Sec. 508. Doubling scientific-based education research at Department of
Education.
Sec. 509. Supplemental educational services.
Sec. 510. Increasing support for foster children and youth.
Sec. 511. Graduation rates.
Sec. 512. District wide high schools reform.
TITLE I--GROWTH MODELS, DATA
SYSTEMS, AND EFFECTIVE TEACHERS
SEC. 101. PURPOSE.
The purposes of this title are to--
(1) require States to measure teacher and principal
effectiveness;
(2) develop data systems to measure effectiveness and to
permit growth models;
(3) provide States with the opportunity to opt out of the
highly qualified teacher requirements of section 1119 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6319) once a State implements a highly effective teacher
system; and
(4) provide enhanced funding flexibility for States and
local educational agencies with highly effective teacher and
principal systems described in section 1119A of such Act (as
amended by this Act).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out sections 104, 105, and 106,
and the amendments made by these sections, there are
authorized to be appropriated $400,000,000 for fiscal year
2008, $400,000,000 for fiscal year 2009, $500,000,000 for
fiscal year 2010, $500,000,000 for fiscal year 2011, and
$600,000,000 for fiscal year 2012. The Secretary shall allot
to each State--
(a) an amount that bears the same relation to 50 percent of
such funds as the number of students in kindergarten through
grade 12 in the State bears to the number of all such
students in all States; and
(b) an equal share of the remaining 50 percent of such
funds.
SEC. 103. REQUIRING STATES TO MEASURE TEACHER EFFECTIVENESS
AND PERMITTING GROWTH MODELS.
Section 2112(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6612(b)) is amended by adding at the
end the following:
``(13) Not later than 4 years after the date of enactment
of the All Students Can Achieve Act, a plan to implement a
system of identifying highly effective teachers and
principals as required under section 1119A.''.
SEC. 104. DATA SYSTEMS.
Subpart 1 of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is
amended by inserting after section 1120B the following:
``SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS.
``(a) In General.--A State receiving assistance under this
part shall, not later than 4 years after the date of
enactment of the All Students Can Achieve Act--
``(1) develop a longitudinal data system for the State or
as part of a State consortium
[[Page S10910]]
that meets the requirements of this section; and
``(2) implement the data system after submitting to the
Secretary an independently conducted audit certifying that
the data system meets the requirements of this section.
``(b) Data System Elements.--The data system required by
subsection (a) shall include the following:
``(1) The use of a unique statewide student identifier for
each student enrolled in a school in the State that remains
stable over time.
``(2) The ability to match the assessment records to each
individual student, for each year the student is enrolled in
a school in the State.
``(3) The collection and processing of data at the student
level, including--
``(A) information on students who have not participated in
the State academic assessments described in section
1111(b)(3) and the reasons those students did not
participate;
``(B) student enrollment, demographic, including English
language proficiency and native language, and academic and
intervention program participation information;
``(C) information regarding student participation in
supplemental educational services under section 1116(e),
including--
``(i) the type of supplemental educational services
provided;
``(ii) the dates of such services; and
``(iii) the identification of the providers of such
services;
``(D) student transcript data; and
``(E) the existence of an individualized educational plan
and other evaluations.
``(4) Data for each group described in section
1111(b)(2)(C)(v)), regarding--
``(A) the graduation rate, as defined in section
1111(b)(2)(C)(vi), and an on-time cohort graduation rate; and
``(B) each other academic indicator used by the State under
section 1111(b)(2)(C)(vii) for public elementary school
students.
``(5) A statewide audit system to ensure the validity and
reliability of data in such system.
``(6) A unique statewide teacher identifier for each
teacher employed in the State that--
``(A) remains stable over time and matches student records,
including assessments, to the appropriate teacher; and
``(B) provides access to teacher data elements, including--
``(i) grade levels and subjects of teaching assignment;
``(ii) preparation program participation; and
``(iii) professional development program participation.
``(7) Ability to link information from the data system to
public higher education data systems in the State, in order
to gather information on postsecondary education enrollment,
placement, persistence, and attainment.
``(c) Data System Requirements.--A State implementing a
data system required under this section shall--
``(1) develop and implement such system in a manner to
ensure--
``(A) the privacy of student records in the data system, in
accordance with the `Family Educational Rights and Privacy
Act of 1974' commonly known as Section 444 of the General
Education Provisions Act;
``(B) the use of effective data architecture (including
standard definitions and formatting) and warehousing,
including the ability to link student records over time and
across databases and to produce standardized or customized
reports;
``(C) the interoperability among software interfaces used
to input, access, and analyze the data of such system;
``(D) the interoperability with the system linking migrant
student records required under part C;
``(E) the electronic portability of data and records in the
system; and
``(2) provide training for the individuals using and
operating such system.
``(d) Preexisting Data Systems.--A State that has developed
and implemented a longitudinal data system before the date of
enactment of the All Students Can Achieve Act may utilize
such system for purposes of this section, if the State
submits to the Secretary an independently conducted audit
described in subsection (a)(2).
``(e) Compliance.--Beginning on the date that is 4 years
after the date of enactment of the All Students Can Achieve
Act, if the Secretary finds, after notice and an opportunity
for a hearing, that a State has failed to meet the
requirements of this section, the Secretary may, at the
discretion of the Secretary, suspend or limit the State's
eligibility for assistance under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
``(f) Regional Consortia Data System Grant Program.--
``(1) In general.--From amounts authorized under paragraph
(5), the Secretary shall award grants, in accordance with
paragraph (3), to regional consortia of States for the
activities described in paragraph (4).
``(2) Application.--A regional consortium desiring to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(3) Award basis and allotments.--The Secretary shall
reserve up to $50,000,000 of the funds authorized under
section 102 to award grants, on a competitive basis, to
regional consortia of States.
``(4) Use of funds.--A regional consortium receiving a
grant under this subsection shall use grant funds to develop
data systems for multi-State use that meet the requirements
of this section.''.
SEC. 105. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.
Subpart 1 of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is
amended by inserting after section 1119 the following:
``SEC. 1119A. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.
``(a) In General.--Not later than 2 years after completing
the data system requirements in section 1120C and not later
than 6 years after the date of enactment of the All Students
Can Achieve Act, a State receiving assistance under this
title shall implement a highly effective teacher and
principal system by--
``(1) determining the requirements necessary to become a
highly effective teacher in the State, which shall--
``(A) be based primarily on objective measures of student
achievement; and
``(B) at a minimum, include that the teacher has
demonstrated success in--
``(i) effectively conveying and explaining academic subject
matter, as evidenced by the increased student academic
achievement of the teacher's students; and
``(ii) employing strategies that--
``(I) are based on scientifically based research;
``(II) are specific to the academic subject matter being
taught; and
``(III) focus on the identification of, and tailoring of
academic instruction to, students' specific learning needs,
particularly children with disabilities, students with
limited English proficient, and students who are gifted and
talented;
``(2) determining the requirements necessary to become a
highly effective principal in the State, which shall be based
primarily on increased student academic achievement of each
group described in section 1111(b)(2)(C)(v) in the
principal's school, as compared to the achievement growth of
other schools with similar student populations to the
principal's school, as determined by the State; and
``(3) implementing a system of identifying teachers and
principals determined to be highly effective based on the
requirements established by the State under paragraphs (1)
and (2).
``(b) Peer Review Process.--The Secretary shall establish a
peer review process to annually evaluate and rate each
State's highly effective teacher and principal requirements,
identification system, and resulting data.
``(c) Reservation of Funds.--The Secretary shall reserve
not more than 10 percent of the funds appropriated for this
section or $60,000,000, whichever is less--
``(1) to conduct, commission, and disseminate research to
determine the most effective methods of determining teacher
effectiveness based on objective measures of growth in
student achievement; and
``(2) to study the most effective uses of such data in
improving student achievement.
``(d) Waiver of Highly Qualified Teacher Requirements.--
``(1) Waiver application.--A State establishing a highly
effective teacher and principal system under this section may
request a waiver of the highly qualified teacher requirements
under subparagraphs (C) and (E) of section 1114(b)(1) and
sections 1115(c)(1)(E) and 1119(a) for the State and the
local educational agencies within the State, by submitting an
application for a waiver to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require.
``(2) Granting of waiver.--Notwithstanding subparagraphs
(C) and (E) of section 1114(b)(1) and sections 1115(c)(1)(E)
and 1119(a), the Secretary shall waive the highly qualified
teacher requirements under such sections for a State and the
local educational agencies within the State--
``(A) if the State demonstrates, in the application
described in paragraph (1), that the State--
``(i) has implemented a highly effective teacher and
principal system that meets the requirements of subsection
(a) for not less than 1 year; and
``(ii) has baseline data regarding student achievement
linked to teacher data for the schools in the State for not
less than the 2 years preceding the year that the system is
implemented; and
``(B) the peer review panel described in subsection (b) has
determined the State's system to be meritorious for the
preceding year.
``(e) Funding Flexibility.--The Secretary shall waive, upon
the request of a State that has a highly effective teacher
and principal system that has been determined to be
meritorious by the peer review panel described in subsection
(b), the limitations on transfers under section 6123(a) and
6123(b).
``(f) Consequences for Teachers Who Are Not Highly
Effective.--
``(1) Professional development.--If a local educational
agency receiving assistance under this part evaluates a
teacher and finds that the teacher is not highly effective,
the local educational agency shall provide the teacher with
professional development and other support specifically
designed to enable such teacher to produce student learning
gains sufficient to become highly effective. Such
professional development and support shall be provided during
not less than the 4 years following the teacher's
identification as not highly effective or until the teacher
is evaluated as effective.
[[Page S10911]]
``(2) Placement of teachers who do not become highly
effective.--A local educational agency receiving assistance
under this part shall not employ in a school receiving
assistance under this part a teacher who has been evaluated
as not highly effective and, 4 years after such evaluation,
is still evaluated as not highly effective, until such time
as the teacher is evaluated as highly effective.
``(g) Consequences for Principals Who Are Not Highly
Effective.--
``(1) Professional development.--If a local educational
agency receiving assistance under this part evaluates a
principal and finds that the principal is not highly
effective, the local educational agency shall provide the
principal with professional development and other support
specifically designed to enable such principal to produce
student learning gains sufficient to become highly effective.
Such professional development and support shall be provided
during not less than 2 years following the identification as
not highly effective or until the principal is evaluated as
effective.
``(2) Placement of principals who do not become highly
effective.--A State or local educational agency receiving
assistance under this part shall not employ in a school
receiving assistance under this part a principal who has been
evaluated as not highly effective and, 3 years after such
evaluation, is still evaluated as not highly effective, until
such time as the principal is evaluated as highly effective.
``(h) Bargaining Agreement Exception and Restrictions on
New Agreements.--
``(1) In general.--The Secretary shall not determine that a
State or local educational agency has failed to comply with
section 1119A if the reason for the agency's non-compliance
is a contract or collective bargaining agreement that was
entered into prior to the date of enactment of this Act.
``(2) Restrictions.--A local educational agency or State
educational agency shall not enter into a new contract or
collective bargaining agreement or renew or extend a contract
or collective bargaining agreement that prevents the local
educational agency or State educational agency from meeting
the requirements of section 1119A after the date of enactment
of this Act.''.
SEC. 106. PERMITTING GROWTH MODEL SYSTEMS.
Section 1111(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the
end the following:
``(11) Use of growth model systems.--
``(A) Definition of growth model system.--In this
paragraph, the term `growth model system' means a system
that--
``(i) calculates the academic growth of each individual
student served by a school in the State over time;
``(ii) establishes growth targets for each such student,
including students who already meet or exceed the proficient
or advanced level of academic achievement on a State
assessment required under section 1111(b)(3); and
``(iii) meets the minimum standards regarding data systems
and data quality that the Secretary establishes pursuant to
regulation, which standards shall include requirements that
the system--
``(I) matches the assessment records of a student to the
student for each year the student is enrolled in a public
school in the State; and
``(II) measures student growth at the classroom and school
levels.
``(B) Use of growth model systems.--Notwithstanding any
other provision of law, for purposes of any provision that
requires the calculation of a number or percentage of
students who meet or exceed the proficient level of academic
achievement on a State assessment under paragraph (3), a
State authorized by the Secretary to use a growth model
system under subparagraph (D) shall calculate such number or
percentage by counting--
``(i) the students who meet or exceed the proficient level
of academic achievement on the State assessment; and
``(ii) the students who are on a 3-year growth trajectory
toward meeting or exceeding the proficient level.
``(C) Application.--A State desiring to develop, enhance,
or implement a growth model system shall submit an
application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may require.
This application shall include a description of how students
with disabilities and English language learners will be
included in growth models.
``(D) Authorization for a growth model system.--The
Secretary shall authorize a State that has submitted an
application to use a growth model system for the purposes of
calculating adequate yearly progress if the Secretary
determines that--
``(i) the State has the capacity to track individual
academic growth for not less than the 2 school years
preceding the year of application; and
``(ii) the State has developed a plan for implementing a
highly effective teacher and principal evaluation system.
``(E) Rule for existing growth model pilot programs.--
Notwithstanding this section, a State that, as of the day
before the date of enactment of the All Students Can Achieve
Act, has been approved by the Secretary to carry out a growth
model as a pilot program, may continue to participate in the
pilot program instead of the requirements of this section, at
the Secretary's discretion.''.
SEC. 107. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.
Part C of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by
adding at the end the following:
``SUBPART 6--INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS
``SEC. 2371. INNOVATIVE TEACHER AND SCHOOL INCENTIVE
PROGRAMS.
``(a) Grant Fund for Innovative Teacher Programs.--
``(1) Grants authorized.--From amounts appropriated for
this subsection, the Secretary shall award grants to eligible
States to enable the eligible States--
``(A) to implement programs to improve professional
development for public school educators such as--
``(i) establishing professional development committees,
which are primarily composed of teachers, to evaluate the
school's professional development activities and develop a
plan for future activities that better meet the needs of the
teachers and the students the teachers serve; and
``(ii) providing funding to local education agencies to
increase the number of professional development release days;
and
``(B) to reform teacher compensation, assignment, and
tenure policies, including policies providing incentives to
encourage the best teachers to teach high-need subjects or in
high-need schools.
``(2) Definition of eligible state.--In this subsection,
the term `eligible State' means a State that, in evaluating
teachers, uses objective measures of student learning growth
as the primary indicators of teacher performance.
``(3) Application.--An eligible State desiring a grant
under this subsection shall submit an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(4) Use of peer review panel.--In awarding a grant under
this subsection, the Secretary shall--
``(A) establish a peer review process to provide
recommendations to the Secretary regarding awarding grants
under this section; and
``(B) ensure that the participants in the peer review
process include experts or researchers with knowledge
regarding appropriate statistical methodology for assessing
teacher effectiveness.
``(b) Grants for Innovative School Incentive Programs.--
``(1) Grants authorized.--From amounts appropriated for
this subsection, the Secretary shall award grants, on a
competitive basis, to States to enable the States to
implement school-based reward systems that recognize the
teamwork (for example, among teachers, administrators,
counselors, resource staff, media specialists, and other
staff) necessary to improve eligible schools in low-income
areas receiving assistance under title I.
``(2) Application.--A State desiring a grant under this
subsection shall submit an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
``(3) Use of funds.--A State receiving a grant under this
subsection shall use the grant to implement a school-based
reward system described in paragraph (4) for eligible
schools.
``(4) School-based reward system.--A school-based reward
system funded under this subsection shall--
``(A) provide award amounts to eligible schools based on--
``(i) the degree of improvement of student performance;
``(ii) the number of students in the school; and
``(iii) the number of teachers, administrators, and staff
serving the school;
``(B) give the eligible school the discretion to determine
the appropriate uses described in subparagraph (C), with
guidance and oversight provided by the State educational
agency; and
``(C) require that the awards be used by the school for any
of the following:
``(i) Non-recurring bonuses for teachers, administrators,
and staff at the school.
``(ii) The addition of temporary personnel to continue the
school's improvement.
``(iii) Providing a limited number of teachers with reduced
teaching schedules to permit the teachers to act as mentors
at the school or at other schools receiving assistance under
title I.
``(5) Definition of eligible school.--In this subsection,
the term `eligible school' means an elementary or secondary
school that--
``(A) is in the highest third of schools in the State in
terms of the percentage of students eligible for free or
reduced-price lunches under the Richard B. Russell National
School Lunch Act; and
``(B) shows significant improvement in student performance,
as compared to similar schools.
``(c) Report.--The Secretary shall annually report to
Congress on the grants awarded under subsections (a) and (b)
and shall evaluate the effectiveness of such grants.
``(d) Authorization.--For the purpose of carrying out this
subsection, there are authorized to be appropriated
$200,000,000 for fiscal year 2008 and for each of the 4
succeeding fiscal years.''
TITLE II--CLOSING THE ACHIEVEMENT GAP
SEC. 201. PURPOSE.
The purposes of this title are to--
[[Page S10912]]
(1) require the equitable distribution of effective
teachers and non-Federal funding;
(2) increase authorizations for school-improvement funds;
and
(3) provide incentives for States to maintain rigorous
assessments by distributing these school-improvement funds
according to the number of schools in need of improvement.
SEC. 202. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS
AND NON-FEDERAL FUNDING.
(a) In General.--Subpart 1 of part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.) is further amended by adding at the end the
following:
``SEC. 1120D. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE OR
HIGHLY QUALIFIED TEACHERS.
``(a) Annual State Educational Agency Report.--
``(1) In general.--Each State educational agency receiving
assistance under this part shall annually prepare and submit
to the Secretary, and make available to the public, a report
on the equitable distribution of--
``(A) highly effective teachers and principals in the
State; or
``(B) in the case of a State that has not yet implemented a
highly effective teacher system under section 1119A or for
which highly effective teacher evaluations have not been
completed, highly qualified teachers in the State.
``(2) State report content.--The report described in
paragraph (1) shall include the following:
``(A) The percentage of public elementary school and
secondary school teachers in the State who are not highly
effective or highly qualified, as applicable.
``(B) The specific steps the State educational agency is
taking to address any disproportionate assignment of teachers
who are not highly effective or highly qualified in the
schools and local educational agencies of the State.
``(C) A description of progress made regarding the State's
capacity to implement a system for measuring individual
teacher effectiveness.
``(D) A comparison between the elementary and secondary
schools in the State in the highest quartile in terms of the
percentage of students eligible for free and reduced-price
lunches under the Richard B. Russell National School Lunch
Act, and such schools in the lowest quartile, with respect to
each of the following:
``(i) The annual teacher attrition rate.
``(ii) The percentage of classes taught by teachers who are
not highly effective or highly qualified, as applicable.
``(iii) The percentage of such schools with principals who
are not highly effective, if the State has implemented highly
effective principal evaluations under section 1119A.
``(E) A comparison between the public schools in the State
in the highest quartile in terms of the percentage of
minority student enrollment, and such schools in the lowest
quartile, with respect to each category described in clauses
(i) through (iii) of subparagraph (D).
``(F) A compendium of statewide data and local educational
reports described in subsection (b).
``(G) Such other information as the Secretary may
reasonably require.
``(b) Annual Local Educational Agency Report.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall annually prepare and submit
to the State educational agency, and make available to the
public, a report on the equitable distribution of--
``(A) highly effective teachers and principals in the
elementary and secondary schools served by the local
educational agency; or
``(B) in the case of a local educational agency in a State
that is not implementing a highly effective teacher system
under section 1119A or for which highly effective teacher
evaluations have not been completed, highly qualified
teachers in the elementary and secondary schools served by
the local educational agency.
``(2) Report contents.--The report required under this
subsection shall include--
``(A) The percentage of public elementary school and
secondary school teachers employed by the local educational
agency who are not highly effective or highly qualified, as
applicable.
``(B) The specific steps the local educational agency is
taking to address any disproportionate assignment of teachers
who are not highly effective or highly qualified, as
applicable.
``(C) A comparison between the elementary schools and
secondary schools served by the local educational agency in
the highest quartile in terms of the percentage of students
eligible for free and reduced-price lunches under the Richard
B. Russell National School Lunch Act, and such schools in the
lowest quartile, with respect to each of the following:
``(i) The annual teacher attrition rate.
``(ii) The percentage of classes taught by teachers who are
not highly effective or highly qualified, as applicable.
``(iii) The percentage of public schools with principals
who are not highly effective, in States that have implemented
highly effective principal evaluations under section 1119A.
``(D) A comparison between the public schools served by the
local educational agency in the highest quartile in terms of
minority student enrollment, and such schools in the lowest
quartile, with respect to each category described in clauses
(i) through (iii) of subparagraph (C).
``(E) Specific, measurable, and quantifiable annual goals
for achieving equity in the distribution of teachers who are
highly effective or highly qualified, as applicable.
``(F) Such other information as the Secretary may
reasonably require.
``(c) Local Educational Agency Plans.--Not later than 180
days after the date of enactment of the All Students Can
Achieve Act, each local educational agency receiving
assistance under this part shall submit a plan to the State
educational agency that describes how the local educational
agency will achieve equitable assignment of highly effective
teachers (or, in the case of a local educational agency in a
State that has not yet implemented a highly effective teacher
system, highly qualified teachers) to high-poverty and high-
minority schools.
``SEC. 1120E. EQUITABLE DISTRIBUTION OF NON-FEDERAL FUNDING.
``(a) Requirements.--
``(1) In general.--Not later than 3 years after the date of
enactment of the All Students Can Achieve Act, each State
educational agency receiving assistance under this title
shall provide evidence to the Secretary that the non-Federal
funds used by the State for public elementary and secondary
education, including those funds used for actual, and not
estimated or averaged, teacher salaries, based upon classroom
hours, for each fiscal year, are distributed equitably across
the schools within each local educational agency.
``(2) Information on school report cards.--If, for a fiscal
year, a school receiving assistance under this part receives
significantly less than the average non-Federal school
funding provided to schools in the local educational agency
for such year, the local educational agency shall include in
the school report card required under section
1111(h)(2)(B)(ii) for such school the amount by which the
school's non-Federal school funding is significantly below
the average non-Federal school funding for schools served by
the local educational agency.
``(3) Evaluation.--2 years after the date of enactment of
the All Students Can Achieve Act, and every year thereafter,
the Inspector General of the Department shall--
``(A) evaluate 5 State educational agencies that receive
assistance under this part and 10 local educational agencies
that receive assistance under this part, to determine such
agencies' progress in meeting the requirements of this
section; and
``(B) prepare and distribute a report regarding the
findings of the evaluation to the Secretary and to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House
of Representatives.
``(b) Regulations and Guidelines.--
``(1) State educational agency regulations.--Not later than
180 days after the date of enactment of the All Students Can
Achieve Act, the Secretary shall promulgate regulations for
State educational agencies regarding how to review the State
educational agency's rules and guidelines and work with local
educational agencies to establish plans and timelines for
providing equitable non-Federal funding to all schools in the
State who receive assistance under this title.
``(2) Guidelines for local educational agencies.--Not later
than 1 year after the issuance of the regulations described
in paragraph (1), each State educational agency receiving
assistance under this part shall--
``(A) develop guidelines for local educational agencies
regarding the local educational agencies' responsibilities
under this section; and
``(B) distribute such guidelines to the local educational
agencies and make such guidelines publicly available.
``(3) Local educational agency plans.--Not later than 180
days after the receipt of the State educational agency's
guidelines described in paragraph (2), each local educational
agency in the State that receives assistance under this part
shall develop and submit to the State educational agency a
plan that--
``(A) describes how the local educational agency will
ensure the equitable distribution of non-Federal funds;
``(B) includes a timeline that provides for the
implementation of the plan by not later than 3 years after
the local educational agency has received the guidelines
under paragraph (3); and
``(C) shall be made publicly available.
``(c) Definition of Non-Federal Funds.--In this section,
the term `non-Federal funds' means the amount of State and
local funds provided to a school (including those State and
local funds used for teacher salaries but not including any
Federal funding).
``SEC. 1120F. MAKE WHOLE PROVISIONS.
``If a State has not achieved an equitable distribution,
within local educational agencies, of effective teachers and
non-Federal funds 3 years after the date of enactment of the
All Students Can Achieve Act, the Secretary may withhold a
portion of the State's funds under the All Students Can
Achieve Act.''.
(b) Report Card.--Section 1111(h)(2)(B)(ii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(h)(2)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon;
[[Page S10913]]
(2) in subclause (II), by striking he period and inserting
a semicolon and ``and ``; and
(3) by inserting after clause (II), as so amended, the
following:
``(III) the information required under section 1120E(a)(2),
if required for such school; and''.
SEC. 203. STRENGTHEN AND FOCUS STATE CAPACITY FOR SCHOOL
IMPROVEMENT EFFORTS.
(a) School Improvement Grant Authorization of
Appropriations.--Section 1002(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6302(i)) is
amended by striking ``appropriated $500,000,000'' and all
that follows through the period and inserting
``appropriated--
``(1) $600,000,000 for fiscal year 2008;
``(2) $700,000,000 for fiscal year 2009;
``(3) $800,000,000 for fiscal year 2010;
``(4) $900,000,000 for fiscal year 2011; and
``(5) $1,000,000,000 for fiscal year 2012.''.
(b) State Administration.--Section 1003 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6303) is
amended--
(1) in subsection (g)(2), by striking ``the funds received
by the States, the Bureau of Indian Affairs, and the outlying
areas, respectively, for the fiscal year under parts A, C,
and D of this title.'' and inserting ``the number of schools
in the States, the Department of Interior, and the outlying
areas, respectively, that are not making adequate yearly
progress for the most recent school year for which
information is available.''; and
(2) by adding at the end the following:
``(h) Additional Amounts for Administrative Costs.--
``(1) In general.--Notwithstanding subsections (a), (b),
and (g), in addition to the amounts reserved under subsection
(a) but not allocated under subsection (b)(1) and the amounts
of a grant award described in subsection (g)(7), a State may
use an additional percentage of the amounts reserved under
subsection (a) and the grant award under subsection (g), not
to exceed 15 percent of the sum of such reserved amounts and
grant award, if the State matches the dollar amount of such
additional amount with an equal amount of State funds.
``(2) Use of funds.--A State that elects to use an
additional percentage described in paragraph (1) shall use
such funds, and the required matching State funds, to build
more capacity at the State level to diagnose, intervene in,
and assist schools--
``(A) by supporting State personnel in carrying out the
responsibilities under this section; or
``(B) by entering into contracts with non-profit entities
with a record of assisting in the improvement of persistently
low-performing schools.''.
(c) Extending the Four Percent School Improvement State
Reservations.--Section 1003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6303) is amended in
subsection (a)--
(1) by striking ``2 percent'' and inserting ``4 percent'';
and
(2) by striking ``for fiscal years 2002'' and all that
follows through ``2007,'' and inserting ``for each fiscal
year''.
TITLE III--ACHIEVING HIGH STANDARDS
SEC. 301. PURPOSES.
The purposes of this title are to--
(1) enhance the National Assessment Governing Board and the
Board's responsibilities to develop 21st century performance-
based American standards and assessments, including world-
class alternate assessments for students with disabilities
and English-language learners, with incentives for States to
adopt voluntarily the American standards and assessments;
(2) align State curricula with college and workplace needs
through State P-16 commissions covering pre-kindergarten
through college in the subjects of reading or language arts,
history, science, technology, engineering, and mathematics;
and
(3) require the Department of Education to report annually
on the quality and rigor of the model American and the State
standards and assessments.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title and the
amendments made by this title, in addition to other amounts
already authorized, there are authorized to be appropriated
$250,000,000 for fiscal year 2008 and for each of the 4
succeeding fiscal years.
PART A--AMERICAN STANDARDS AND ASSESSMENTS
SEC. 311. AMERICAN STANDARDS AND ASSESSMENTS.
(a) National Assessment Governing Board.--Section 302 of
the National Assessment of Educational Progress Authorization
Act (20 U.S.C. 9621) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (G), by striking ``Three classroom
teachers representing'' and inserting ``Six classroom
teachers with 2 each representing'';
(B) in subparagraph (H), by striking ``One representative
of business or industry'' and inserting ``Three
representatives of business or industry''; and
(C) by adding at the end the following: ``(O) Two members
from higher education.'';
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (I), by striking ``and'' after the
semicolon;
(ii) in subparagraph (J), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(K)(i) create American content and performance standards
and assessments in language arts or reading, mathematics, and
science for grades 3 through 12;
``(ii) create high-quality alternative assessments for
students with disabilities and English-language learners for
use by States;
``(iii) provide web-based mechanisms for States to receive
timely results from these assessments and alternate
assessments;
``(iv) extrapolate such standards and assessments based on
the National Assessment of Educational Progress frameworks;
and
``(v) ensure that such standards and assessments are
aligned with college and workplace readiness skills.''; and
(B) by adding at the end the following:
``(7) Report on American standards.--The Assessment Board
shall issue a report to the Secretary containing the model
standards and describe the assessments specified in paragraph
(1)(K).'';
(3) in subsection (f)--
(A) in paragraph (2)(B), by striking ``not more than six'';
and
(B) by adding at the end the following:
``(3) Detailees.--Any Federal Government employee may be
detailed to the Governing Board without reimbursement from
the Board, and such detailee shall retain the rights, status,
and privileges of such employee's regular employment without
interruption.''.
(b) Amendment to State Plans.--Section 1111 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311) is amended--
(1) in subsection (c)(2), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science''; and
(2) by adding at the end the following:
``(n) Use by States of Model American Standards and
Assessments.--
``(1) In general.--Notwithstanding any other provision of
this Act, upon issuance of the report under section 302(e)(7)
of the National Assessment of Educational Progress
Authorization Act, each State desiring to receive funding
under this part shall--
``(A) adopt the model American standards and assessments
specified in that report for use in carrying out this
section;
``(B) modify the State's existing academic standards and
assessments to align with those model American standards and
assessments; or
``(C) continue using the State's existing academic
standards and academic assessments or those of a regional
consortium.
``(2) Secretary to evaluate standards and assessments of
states not adopting model american standards and
assessments.--The Secretary shall--
``(A) analyze the academic standards and assessments of
States that do not adopt the model American standards and
assessments; and
``(B) compare such academic standards and assessments to
the model American standards and assessments, using a common
scale.
``(3) Annual report.--The Secretary shall annually report
to Congress on any variance in quality and rigor between the
model American standards and assessments adopted by the
Assessment Board and the standards and assessments used by
the States. Until development and implementation of the model
American standards and assessments adopted by the Assessment
Board, the Secretary shall report annually to the public on
differences between State assessment results and results from
the National Assessment of Educational Progress.''.
(c) Amendment to Local Plans.--Section 1112(b)(1)(F) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1)(F)) is amended by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science''.
(d) National Assessment Governing Board.--Section 303 of
the National Assessment of Educational Progress Authorization
Act (20 U.S.C. 9621) is amended--
(1) in subsection (b)(1), by striking ``reading,
mathematics'' and inserting ``reading, mathematics,
science'';
(2) in subsection (b)(2)(B), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science'';
(3) in subsection (b)(2)(C), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science'';
(4) in subsection (b)(2)(E), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science'';
(5) in subsection (b)(3)(A)(i), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science'';
(6) in subsection (b)(3)(A)(ii), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science''; and
(7) in subsection (b)(3)(C)(ii), by striking ``reading and
mathematics'' and inserting ``reading, mathematics, and
science''.
PART B--P-16 EDUCATION STEWARDSHIP SYSTEMS
SEC. 321. P-16 EDUCATION STEWARDSHIP COMMISSION.
(a) P-16 Education Stewardship Commission.--
(1) In general.--Each State that receives assistance under
part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) shall establish a P-16
education stewardship commission that has the policymaking
ability to meet the requirements of this section.
(2) Existing commission.--The State may designate an
existing coordinating body or commission as the State P-16
education stewardship commission for purposes of this title,
if the body or commission meets, or is
[[Page S10914]]
amended to meet, the basic requirements of this section.
(b) Membership.--
(1) Composition.--Each P-16 education stewardship
commission shall be composed of the Governor of the State, or
the designee of the Governor, and the stakeholders of the
statewide education community, as determined by the Governor
or the designee of the Governor, such as--
(A) the chief State official responsible for administering
prekindergarten through grade 12 education in the State;
(B) the chief State official of the entity primarily
responsible for the supervision of institutions of higher
education in the State;
(C) bipartisan representation from the State legislative
committee with jurisdiction over prekindergarten through
grade 12 education and higher education;
(D) representatives of 2- and 4-year institutions of higher
education in the State;
(E) public elementary and secondary school teachers
employed in the State;
(F) representatives of the business community; and
(G) at the discretion of the Governor, or the designee of
the Governor, representatives from pre-kindergarten through
grade 12 and higher education governing boards and other
organizations.
(2) Chairperson; meetings.--The Governor of the State, or
the designee of the Governor, shall serve as chairperson of
the P-16 education stewardship commission and shall convene
regular meetings of the commission.
(c) Duties of the Commission.--
(1) Meetings.--Each State P-16 education stewardship
commission shall convene regular meetings.
(2) Commission recommendations.--Not later than 18 months
after a State receives funds under section 303, and annually
thereafter, the State P-16 education stewardship commission
informed by the higher education institutions in the State
shall--
(A) develop recommendations to better align the content
knowledge requirements for secondary school graduates with
the knowledge and skills needed to succeed in postsecondary
education and the workforce in the subjects of reading or
language arts, history, mathematics, science, technology, and
engineering, and, at the discretion of the Commission,
additional academic content areas;
(B) develop recommendations regarding the prerequisite
skills and knowledge, patterns of coursework, and other
academic factors including--
(i) the prerequisite skills and knowledge expected of
incoming freshmen at institutions of higher education to
successfully engage in and complete postsecondary-level
general education coursework without the prior need to enroll
in developmental coursework; and
(ii) patterns of coursework and other academic factors that
demonstrate the highest correlation with success in
completing postsecondary-level general education coursework
and degree or certification programs, particularly with
respect to science, technology, engineering, and mathematics;
and
(C) develop recommendations and enact policies to increase
the success rate of students in the students' transition from
secondary school to postsecondary education, including
policies to increase success rates for--
(i) students of economic disadvantage;
(ii) students of racial and ethnic minorities;
(iii) students with disabilities; and
(iv) students with limited English proficiency.
SEC. 322. P-16 EDUCATION STATE PLANS.
(a) In General.--Each State receiving assistance under part
A of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311 et seq.) shall develop a plan that
includes, at a minimum, the following:
(1) A demonstration that the State will work with the State
P-16 education stewardship commission and others, as
necessary, to examine the relationship among the content of
postsecondary education admission and placement exams, the
prerequisite skills and knowledge required to successfully
take postsecondary-level general education coursework, the
pre-kindergarten through grade 12 courses and academic
factors associated with academic success at the postsecondary
level, particularly with respect to science, technology,
engineering, and mathematics, and existing academic standards
and aligned academic assessments.
(2) A description of how the State will, using the
information from the State P-16 education stewardship
commission, increase the percentage of students taking
courses that have the highest correlation of academic success
at the postsecondary level, for each of the following groups
of students:
(A) Economically disadvantaged students.
(B) Students from each major racial and ethnic group within
the State.
(C) Students with disabilities.
(D) Students with limited English proficiency.
(3) A description of how the State will distribute the
information in the P-16 education stewardship commission's
report to the public in the State, including public secondary
schools, local educational agencies, school counselors, P-16
educators, institutions of higher education, students, and
parents.
(4) An assurance that the State will continue to pursue
effective P-16 education alignment strategies.
(b) Submission.--Each State shall submit the State plan
described in subsection (a) to the Secretary not later than 1
year of the date of the enactment of this Act.
SEC. 323. P-16 EDUCATION STEWARDSHIP SYSTEM GRANTS.
(a) Program Authorized.--From amounts appropriated under
this section, the Secretary shall award grants, from
allotments under subsection (b), to States to enable the
States--
(1) to establish P-16 education stewardship commissions in
accordance with section 321; and
(2) to carry out the activities and programs described in
the State plan submitted under section 322.
(b) Allotments.--The Secretary shall allot the amounts
available for grants under this section equally among the
States that have submitted plans described in section 322.
Each such plan shall include a demonstration that the State,
not later than 5 months after receiving grant funds under
this section, will establish a P-16 education stewardship
commission described in section 321.
SEC. 324. REPORTS.
(a) In General.--Not later than 18 months after a State
receives funds under this section, and annually thereafter,
the State P-16 education stewardship commission shall prepare
and submit to the Governor, and make easily accessible and
available to the public, a clear and concise report that
shall include the recommendations described in section
321(c)(2).
(b) Distribution to the Public.--Not later than 60 days
after the submission of a report under subsection (a), each
State P-16 education stewardship commission shall publish and
widely distribute the information in the report in various
concise and understandable formats to targeted audiences such
as--
(1) all public secondary schools and local educational
agencies;
(2) school counselors;
(3) P-16 educators;
(4) institutions of higher education; and
(5) students and parents, especially students and parents
of students listed in subparagraphs (A) through (D) of
section 322(a)(2) and those entering grade 9 in the next
academic year, to assist students and parents in making
informed and strategic course enrollment decisions.
TITLE IV--STRENGTHENING ACCOUNTABILITY
SEC. 401. PURPOSES.
The purposes of this title are--
(1) to divide the accountability structure for schools
under the Elementary and Secondary Education Act of 1965 to
provide--
(A) comprehensive intervention for schools that do not make
adequate yearly progress because groups comprising
collectively 50 percent or more of the students in the school
have not achieved the State objectives under section
1111(b)(2)(G) of such Act; and
(B) focused intervention for schools that do not make
adequate yearly progress because groups comprising
collectively less than 50 percent of the students in the
school have not achieved such objectives;
(2) to strengthen the program of providing supplemental
educational services;
(3) to count all children and increase rigor by ensuring
that the State calculations of adequate yearly progress have
limits on student thresholds and also on statistical
confidence intervals that do not exceed 95 percent
confidence;
(4) to add science to the subjects included in the adequate
yearly progress calculations in the academic assessments
under section 1111(b)(3) of such Act;
(5) to support research and development for mathematics and
science partnerships;
(6) to amend the provisions regarding the accountability
for students with disabilities and English-language learners;
(7) to screen children entering schools identified as in
need of comprehensive intervention under section 1116(b)(1)
of such Act; and
(8) to develop the Adjunct Teacher Corps to meet the
country's needs for teachers in critical foreign languages
and science, technology, engineering, and mathematics.
SEC. 402. AUTHORIZATIONS.
For the purpose of carrying out this title and the
amendments made by this title, there are authorized to be
appropriated $250,000,000 for fiscal year 2008 and for each
of the 4 succeeding fiscal years.
SEC. 403. SCHOOL INTERVENTION PLAN DEVELOPMENT.
Part A of title I of the Elementary and Secondary Education
Act of 1965 is further amended by inserting before section
1116 the following:
``SEC. 1115A. SCHOOL INTERVENTION PLAN DEVELOPMENT.
``(a) In General.--A school that does not make adequate
yearly progress but has not been so identified for the
immediate preceding year shall, not later than the end of the
first year following such identification--
``(1) develop, in conjunction with the local educational
agency and in consultation with parents, teachers,
administrators, students, and school-intervention specialists
from the local educational agency or the State educational
agency, a school-intervention plan;
``(2) obtain approval of the plan from the local
educational agency and certification from the superintendent
that the plan meets the requirements of this subparagraph and
is reasonably designed to ensure that the school will meet
adequate yearly progress targets for the following year; and
``(3) after approval, make the school-intervention plan
publicly available.
[[Page S10915]]
``(b) Contents of Plan.--A school plan under this section
shall--
``(1) analyze and address systemic causes for the school's
inability to make adequate yearly progress;
``(2) identify the specific reasons why the school did not
make adequate yearly progress;
``(3) articulate a plan to improve instruction and
achievement that addresses how the school will--
``(A) implement curriculum and benchmark assessments that
are aligned with the State academic content standards and
student academic achievement standards, if collectively more
than 50 percent of students are contained within groups that
did not meet adequate yearly progress;
``(B) expand instructional time for students who have not
met the proficient level or are not making sufficient
progress toward reaching such level on the State academic
assessments;
``(C) ensure that first-year teachers are not
disproportionately assigned to students described in
subparagraph (B);
``(D) ensure that all teachers in the school receive
assistance and support in implementing the curriculum,
evidence-based intervention models, benchmark assessments,
and additional instructional time;
``(E) if the subgroup of limited English proficient
students does not make adequate yearly progress, articulate
how the school will work with the local educational agency to
redeploy, as permitted, funds made available to the local
educational agency under title III;
``(F) if the subgroup of students with disabilities did not
make adequate yearly progress, articulate how the school will
work with the local educational agency to redeploy, as
permitted, funds made available to the local educational
agency under the Individuals with Disabilities Education Act
(20 U.S.C. 1411 et seq.);
``(G) include data on the school, relevant to the factors
identified in the plan, from the local educational agency's
report under section 1120D; and
``(H) identify specific actions that the local educational
agency will take to make supplemental educational services
and public school transfer available.''.
SEC. 404. COMPREHENSIVE AND FOCUSED INTERVENTION.
Section 1116 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6316) is amended)--
(1) in subsection (a)(1)(B)--
(A) by striking ``subject to school improvement'' and
inserting in lieu thereof ``subject to comprehensive
intervention or focused intervention''; and
(B) by striking ``for school improvement'' and inserting in
lieu thereof ``for comprehensive intervention or focused
intervention'';
(2) by striking subsection (b) and inserting the following:
``(b) School Intervention.--
``(1) Comprehensive interventions.--
``(A) Identification.--
``(i) In general.--A local educational agency shall
identify as in need of comprehensive intervention, any
elementary school or secondary school served under this part
that does not make, for 2 or more consecutive years, adequate
yearly progress as defined in the State's plan under section
1111(b)(2) because--
``(I) the group of all students at the school did not meet
the objectives set by the State under section 1111(b)(2)(G);
or
``(II) 1 or more groups of students specified in section
1111(b)(2)(C)(v) that collectively represents 50 percent or
more of the students in the school's enrollment did not meet
such objectives.
``(ii) Transfer to focused intervention.--In the case of a
school that has been identified as in need of comprehensive
intervention under clause (i), the school shall be
transferred to the year under the focused intervention
timeline, as defined in paragraph (2)(A)(i), where the school
would have fallen if the school had never needed
comprehensive intervention, if the school--
``(I) makes adequate yearly progress for 2 consecutive
years for groups that collectively contain more than 50
percent of the students; and
``(II) does not make adequate yearly progress for one or
more subgroups for 2 or more consecutive years for the same
subgroups.
``(iii) Exiting comprehensive intervention.--In the case of
a school that has been identified as in need of comprehensive
intervention under clause (i), the school shall continue to
be identified as in need of comprehensive intervention and
subject to the requirements of this section until--
``(I) the school makes adequate yearly progress for 2
consecutive years for groups that collectively contain more
than 50 percent of the students; or
``(II) the school year following the implementation of a
comprehensive restructuring plan under subparagraph (E).
``(B) Hiring, transferring, and professional development
requirements for identified schools.--
``(i) In general.--Subject to clause (iii), a local
educational agency or State educational agency receiving
assistance under this part shall--
``(I) permit a school identified as being in need of
comprehensive intervention under subparagraph (A) to deny
transfer requests from teachers;
``(II) provide such school with priority in the hiring
timeline for the local educational agency or State
educational agency; and
``(III) in the case of a school that has been identified as
being in need of comprehensive intervention for 2 or more
years, allow the school to add additional professional
development hours for teachers if the professional
development is included as part of the approved intervention
plan defined in this subsection for the school.
``(ii) Determination by secretary.--Each local educational
agency or State educational agency receiving assistance under
this part shall demonstrate to the Secretary that the agency
can meet the requirements of clause (i) by not later than 3
years after the date of enactment of this Act. If the
Secretary determines that the local educational agency or
State educational agency has failed to meet this requirement,
the Secretary may withhold a portion of funds to the State
educational agency under this title.
``(iii) Bargaining agreement exception and Restrictions on
New Agreements.--
``(I) In general.--The Secretary shall not determine that a
State educational agency has failed to comply with clause (i)
if the reason for the agency's non-compliance is a contract
or collective bargaining agreement that was entered into
prior to the date of enactment of this Act.
``(II) Restrictions.--A local educational agency or State
educational agency shall not enter into a new contract or
collective bargaining agreement, or renew or extend a
contract or collective bargaining agreement, that prevents
the local educational agency or State educational agency from
meeting the requirements of clause (i) after the date of
enactment of the All Students Can Achieve Act.
``(C) Plan implementation in years 1, 2, 3, and 4.--
```(i) In general.--In the case of a school that has been
identified as in need of comprehensive intervention for less
than 5 consecutive years-
``(I) the school shall implement the approved school
intervention plan developed under section 1115A; and
``(II) not later than the beginning of the first school
year of intervention plan implementation, and for each of the
succeeding years if the school remains in need of
comprehensive or focused intervention, the local educational
agency shall arrange for the provision of supplemental
educational services; and
``(III) by not later than 6 weeks before the start of the
first school year of intervention plan implementation, the
local educational agency serving the school shall notify the
parents of the students attending the school of the parents'
right to transfer their child to another public school that
is not identified as in need of comprehensive intervention
including the out of district transfer program in section
503.
``(ii) Plan and progress review.--In the case of a school
that is required to carry out a comprehensive school
improvement plan under this subparagraph, the local
educational agency and the State educational agency shall
annually review the school's implementation of the plan and
progress for each year that the school is designated as in
need of comprehensive intervention.
``(D) Restructuring plan development in year 4.--
``(i) In general.--In the case of a school identified as in
need of comprehensive intervention for 4 consecutive years,
the local educational agency, in consultation with the school
and in addition to plan implementation as defined in
subparagraph (C), shall, by not later than the end of the
year--
``(I) develop a comprehensive restructuring plan, in
consultation with school intervention specialists, where
available, from the State educational agency, parent and
community representatives, and local government officials;
``(II) obtain--
``(aa) approval of the plan from a peer review panel
selected by the chief State school officer; and
``(bb) certification by the chief State school officer that
the plan meets the requirements of this subparagraph and is
designed to ensure that the school will make adequate yearly
progress in the succeeding years; and
``(III) make the comprehensive restructuring plan public.
``(ii) Restructuring options.--A comprehensive
restructuring plan for a school subject to this subparagraph
shall include details sufficient to carry out one of the
following as consistent with State law:
``(I) Closing and reopening the school as a charter school
even if the addition of such school would exceed the State's
limit on the number of charter schools that may operate in
the State, city, county, or region.
``(II) Closing and reopening the school under the
management of a private or non-profit organization with a
proven record of improving schools.
``(III) Closing and reopening the school under the direct
administration of the State educational agency or the chief
executive officer of a State or local government entity, such
as a governor or mayor.
``(IV) Reassigning the majority of the staff at the school,
and ensuring that in the subsequent year the staff serving
the school does not have a greater percentage of teachers who
are not highly effective than the average percentage of such
teachers in the schools served by the local educational
agency.
``(iii) Multiple restructuring exception.--
[[Page S10916]]
``(I) Exception.--Notwithstanding subparagraph (A) or
clause (i), if 10 percent or more of the schools served by a
local educational agency are required to develop a
comprehensive restructuring plan, the local educational
agency, with the approval and cooperation of the State
educational agency, may carry out the requirements of this
subparagraph for a limited number of the lowest performing of
such schools, as described in subclause (II).
``(II) Limited number of schools.--The number of schools
described in this subclause shall be not less than the
greater of--
``(aa) 10 percent of the number of the schools served by
the local educational agency; or
``(bb) 1.
``(III) Rule for nonselected schools.--A school identified
for comprehensive restructuring that is not one of the
limited number of lowest performing schools under this clause
shall be subject to comprehensive restructuring in subsequent
years and comparable expenditures under subparagraph (F)
unless the school exits comprehensive intervention.
``(E) Year 5--comprehensive restructuring plan
implementation.--A school that has been identified as in need
of comprehensive intervention for 5 consecutive years, shall,
subject to the exemption in subparagraph (D)(iii), fully
implement the comprehensive restructuring plan by not later
than the end of the year following such identification.
``(F) Rule of construction.--Nothing in this section shall
be construed to preclude a local educational agency from
implementing a policy of carrying out a comprehensive
restructuring of a school more quickly than is required by
this section.
``(2) Focused intervention.--
``(A) Identification.--
``(i) In general.--If any elementary school or secondary
school served under this part does not, for 2 or more
consecutive years, make adequate yearly progress as defined
in the State's plan under section 1111(b)(2) but is not
identified as in need of comprehensive intervention, the
local educational agency shall identify the school as in need
of focused intervention with respect to each group of
students described in section 1111(b)(2)(C)(v) that did not
meet the objectives set by the State under section
1111(b)(2)(G) in the same subject area for both years.
``(ii) Transfer to comprehensive intervention.--In the case
of a school that has been identified as in need of focused
intervention under clause (i), the school will no longer be
under focused intervention if the school does not make
adequate yearly progress for 2 consecutive years for groups
that collectively contain more than 50 percent of the
students.
``(iii) Exiting focused intervention.--In the case of a
school that has been identified as in need of focused
intervention with respect to a focused group and focused
subject under clause (i), the school shall continue to be
identified as in need of focused intervention and subject to
the requirements of this section until the focused group
meets or exceeds the objectives set by the State under
section 1111(b)(2)(G) for the focused subject for 2
consecutive years.
``(B) Definitions.--In this paragraph--
``(i) the term `focused group' means the group of students
described in subparagraph (A)(i); and
``(ii) the term `focused subject' means each subject area
for which the focused group did not meet the objectives set
by the State under section 1111(b)(2)(G) for both years.
``(C) Multiple groups.--A school may be identified for
focused improvement under this paragraph for more than 1
focused group of students and with respect to more than 1
focused subject, and shall carry out the requirements of this
paragraph for each such group and subject.
``(D) Plan implementation in years 1, 2, 3, and 4.--In the
case of a school identified as in need of focused
intervention for the same focused group and 1 or more of the
same focused subjects for 2 consecutive years--
``(i) the school shall implement the school intervention
plan under section 1115A and issue an annual progress report
regarding the implementation to the public by not later than
the following academic year; and
``(ii) the local educational agency shall target
supplemental educational services to students in the focused
group while allowing other students to participate in
accordance with subsection (E) by not later than the
following academic year.
``(E) Public school transfer in year 1.--In the case of a
school identified as in need of focused intervention for the
same focused group and 1 or more of the same focused subjects
for 2 consecutive years--
``(i) the school shall continue to implement the
intervention plan and provide annual progress reports, as
required under subparagraph (D)(i);
``(ii) the local educational agency shall continue to
provide supplemental educational services under subparagraph
(D)(ii); and
``(iii) by not later than 6 weeks before the start of the
first school year of intervention plan implementation, the
local educational agency serving the school shall notify the
parents of the students attending the school of the parents'
right to transfer the students to another public school that
is not identified as in need of comprehensive intervention
and shall provide such right.
``(F) Focused restructuring plan development in year 4.--In
the case of a school identified as in need of focused
intervention for the same focused group and 1 or more of the
same focused subjects for 4 consecutive years, the local
educational agency, in consultation with the school and in
addition to plan implementation as defined in subparagraph
(D), shall carry out clauses (i) and (ii).
``(i) In general.--The local educational agency, in
consultation with school intervention specialists from the
local educational agency and the State educational agency,
and parent and community representatives, shall--
``(I) develop a focused restructuring plan that may utilize
additional school improvement funding provided to the State
educational agency;
``(II) obtain certification of the plan from the chief
school officer of the local educational agency and the chief
State school officer attesting that the plan meets the
requirements of this subparagraph and is reasonably designed
to ensure that the school will make adequate yearly progress
in the succeeding years; and
``(III) after certification, make the focused restructuring
plan publicly available.
``(ii) Contents.--A focused restructuring plan for a school
subject to this subparagraph shall include a plan to carry
out 1 or more of the following as consistent with State law:
``(I) Reassigning the majority of the staff at the school
associated with the subgroups that did not meet adequate
yearly progress, and ensuring that, in the subsequent year,
the staff serving the students in these subgroups do not have
a greater percentage of teachers who are not highly effective
than the average percentage of such teachers in the schools
served by the local educational agency.
``(II) Entering into an agreement with a private or non-
profit organization with a proven record of improving schools
and school instruction to manage and staff the instructional
areas not meeting adequate yearly progress.
``(G) Focused restructuring plan implementation in year
5.--In the case of a school identified as in need of focused
intervention for the same focused group and 1 or more of the
same focused subjects for 5 consecutive years, the local
educational agency shall implement the certified focused
restructuring plan in the following school year.
``(H) Continued plan implementation in year 6 and beyond.--
In the case of a school identified as in need of focused
intervention for the same focused group and 1 or more of the
same focused subjects for 6 or more consecutive years, the
local educational agency shall continue refining the
intervention plan and the local educational agency shall use
sufficient funds available under this title to carry out
extended time instructional programs for students in the
focused group.
``(3) General provisions.--
``(A) Deadline.--The identification of a school as in need
of comprehensive intervention under paragraph (1) or focused
intervention under paragraph (2) shall take place before the
beginning of the school year following the failure to make
adequate yearly progress.
``(B) Focused assistance schools.--To determine if an
elementary school or a secondary school that is conducting a
targeted assistance program under section 1115 should be
identified as in need of comprehensive intervention or
focused intervention under this section, a local educational
agency may choose to review the progress of only the students
in the school who are served, or are eligible for services,
under this part.
``(4) Opportunity to review and present evidence; time
limit.--
``(A) Identification.--Before identifying an elementary
school or a secondary school as in need of comprehensive
intervention or focused intervention under paragraphs (1) or
(2), the local educational agency shall provide the school
with an opportunity to review the school-level data,
including academic assessment data, on which the proposed
identification is based.
``(B) Evidence.--If the principal of a school proposed for
identification as in need of comprehensive intervention or
focused attention under paragraphs (1) or (2) believes, or a
majority of the parents of the students enrolled in such
school believe, that the proposed identification is in error
for statistical or other substantive reasons, the principal
may provide supporting evidence to the State educational
agency, which shall consider that evidence before making a
final determination within 30 days.
``(5) Technical assistance.--
``(A) In general.--For each school identified as in need of
comprehensive intervention or focused intervention under
paragraph (1) or (2), the local educational agency serving
the school shall ensure the provision of technical assistance
as the school develops and implements the school plan under
either such paragraph throughout the plan's duration.
``(B) Specific assistance.--Such technical assistance--
``(i) shall include assistance in gathering and analyzing
data from assessments and other examples of student work, to
identify and address--
``(I) problems in instruction; and
``(II) problems, if any, in implementing the parental
involvement requirements described in section 1118, the
professional development requirements described in section
1119, and the responsibilities of the school and local
educational agency under the school plan; and
``(III) solutions to such problems;
[[Page S10917]]
``(ii) shall include assistance in identifying and
implementing professional development, instructional
strategies, and methods of instruction that are based on
scientifically based research and that have proven effective
in addressing the specific instructional issues that caused
the school to be identified for school-improvement;
``(iii) shall include assistance in analyzing and revising
the school's budget so that the school's resources are more
effectively allocated to the activities most likely to
increase student academic achievement and to remove the
school from school-improvement status; and
``(iv) may be provided--
``(I) by the local educational agency, through mechanisms
authorized under section 1117; or
``(II) by the State educational agency, an institution of
higher education (that is in full compliance with all the
reporting provisions of title II of the Higher Education Act
of 1965), a private not-for-profit organization or for-profit
organization, an educational service agency, or another
entity with experience in helping schools improve academic
achievement.
``(C) Scientifically based research.--Technical assistance
provided under this section by a local educational agency or
an entity approved by that agency shall be based on
scientifically based research.
``(6) Independent audit of space availability.--
``(A) In general.--Each local educational agency serving
any school identified as in need of comprehensive
intervention under paragraph (1) shall annually document
(through an independent audit that may be conducted by the
State educational agency) the space in public schools served
by such agency that are making adequate yearly progress that
is available for transfers under paragraph (1)(C) or (2)(E).
``(B) Rule if inadequate space.--The Secretary shall deem a
local educational agency to have met its obligations under
paragraph (1)(C) or (2)(E) if--
``(i) an audit under subparagraph (A) determines that the
requirements of paragraph (1)(C) or (2)(E) cannot be met
because of--
``(I) the lack of physical space, and the inability to
reasonably acquire additional physical space (such as the
lack of land to place portable classrooms);
``(II) the inability to acquire new classroom space; or
``(III) State and local health or safety laws and
regulations; and
``(ii) the local educational agency makes available for
transfers under such paragraph all the space determined by
the audit to be practically available.
``(7) Notice to parents.--A local educational agency shall
promptly provide to a parent or parents of each student
enrolled in an elementary school or a secondary school
identified for comprehensive intervention or each student in
a focused group in an elementary school or secondary school
identified for focused intervention (in an understandable and
uniform format and, to the extent practicable, in a language
the parents can understand)--
``(A) an explanation of what the identification means, and
how the school compares in terms of academic achievement to
other elementary schools or secondary schools served by the
local educational agency and the State educational agency
involved;
``(B) the reasons for the identification;
``(C) an explanation of what the school identified is doing
to address the problem of low achievement;
``(D) an explanation of what the local educational agency
or State educational agency is doing to help the school
address the achievement problem;
``(E) an explanation of how the parents can become involved
in addressing the academic issues that caused the school to
be identified for school improvement; and
``(F) an explanation of the parents' option to transfer
their child to another public school under paragraph (1)(C)
or (2)(E), (with transportation provided by the agency when
required by paragraph (9)) or to obtain supplemental
educational services for the child, under paragraph (1) or
(2) and in accordance with subsection (e).
``(8) Delay.--Notwithstanding any other provision of this
paragraph, the local educational agency may delay, for a
period not to exceed 1 year, implementation of restructuring
if the school makes adequate yearly progress for 1 year or if
its failure to make adequate yearly progress is due to
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen decline in
the financial resources of the local educational agency or
school. No such period shall be taken into account in
determining the number of consecutive years of failure to
make adequate yearly progress.
``(9) Transportation.--In the case of any school identified
as in need of comprehensive intervention or focused
intervention that is required to provide public school
transfer under paragraph (1)(C) or (2)(E), the local
educational agency shall provide, or shall pay for the
provision of, transportation for the student to the public
school the student attends.
``(10) Funds for transportation and supplemental
educational services.--
``(A) In general.--Unless a lesser amount is needed to
comply with paragraph (9) and to satisfy all requests for
supplemental educational services under subsection (e), a
local educational agency shall spend an amount equal to 20
percent of its allocation under subpart 2, from which the
agency shall spend--
``(i) an amount equal to 5 percent of its allocation under
subpart 2 to provide, or pay for, transportation under
paragraph (8);
``(ii) an amount equal to 5 percent of its allocation under
subpart 2 to provide supplemental educational services under
subsection (e); and
``(iii) an amount equal to the remaining 10 percent of its
allocation under subpart 2 for transportation under paragraph
(8), supplemental educational services under subsection (e),
or both, as the agency determines.
``(B) Total amount.--The total amount described in
subparagraph (A)(ii) is the maximum amount the local
educational agency shall be required to spend under this part
on supplemental educational services described in subsection
(e).
``(C) Insufficient funds.--If the amount of funds described
in subparagraph (A)(ii) or (iii) and available to provide
services under this subsection is insufficient to provide
supplemental educational services to each child whose parents
request the services, the local educational agency shall give
priority to providing the services to the lowest-achieving
children.
``(D) Prohibition.--A local educational agency shall not,
as a result of the application of this paragraph, reduce by
more than 15 percent the total amount made available under
section 1113(c) to a school described in paragraph (7)(C) or
(8)(A) of subsection (b).
``(11) Special rules regarding school transfer.--
``(A) Continuation of schooling.--A local educational
agency shall permit a child who transferred to another school
under this subsection to remain in that school until the
child has completed the highest grade in that school. The
obligation of the local educational agency to provide, or to
provide for, transportation for the child ends at the end of
a school year if the local educational agency determines that
the school from which the child transferred is no longer
identified for as in need of comprehensive intervention or
focused intervention.
``(B) Special voluntary school choice programs.--A local
educational agency receiving assistance under this part that
offers a voluntary school choice program, other than the
program specified in section 1116(i), for students served by
the local educational agency, shall not offer such program
before first making the voluntary program available to all
students in schools served by the local educational agency
that are identified as in need of comprehensive
intervention or focused intervention, with priority to
students in schools identified as in need of comprehensive
intervention.
``(C) Cooperative agreement.--In any case where a local
educational agency is required to provide public school
transfer under paragraph (1)(C) or (2)(E) and all public
schools served by the local educational agency to which a
child may transfer are identified as in need of comprehensive
intervention, the agency shall, to the extent practicable,
establish a cooperative agreement with other local
educational agencies in the area for a transfer.
``(12) State educational agency responsibilities.--The
State educational agency shall--
``(A) make technical assistance under section 1117
available to schools identified as in need of comprehensive
intervention or focused intervention under this subsection
consistent with section 1117(a)(2);
``(B) if the State educational agency determines that a
local educational agency failed to carry out its
responsibilities under this subsection, take such corrective
actions as the State educational agency determines to be
appropriate and in compliance with State law;
``(C) ensure that academic assessment results under this
part are provided to schools before any identification of a
school may take place under this subsection; and
``(D) for local educational agencies or schools identified
for comprehensive intervention or in need of focused
intervention under this subsection, notify the Secretary of
major factors that were brought to the attention of the State
educational agency under section 1111(b)(9) that have
significantly affected student academic achievement.'';
(3) by striking paragraph (1) of subsection (c) and
inserting the following:
``(1) Supplemental educational services.--The local
educational agency serving any school required under
paragraph (1) or (2) of subsection (b) to provide
supplemental educational services shall, subject to this
subsection, arrange for the provision of supplemental
educational services to eligible children in the school from
a provider with a demonstrated record of effectiveness, that
is selected by the parents and approved for that purpose by
the State educational agency in accordance with reasonable
criteria, consistent with paragraph (5), that the State
educational agency shall adopt.'';
(4) in subsection (g), by striking paragraphs (3) and (4)
and inserting the following:
``(3) School-improvement for department of interior
schools.--
``(A) Contract and grant schools.--For a school funded by
the Department of Interior which is operated under a contract
issued by the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et seq.) or
under a grant issued by the Secretary of the Interior
pursuant to the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), the school board of such
[[Page S10918]]
school shall be responsible for meeting the requirements of
subsection (b) relating to development and implementation of
any comprehensive intervention plan or comprehensive
restructuring plan as described in subsection (b)(1) or
focused intervention plan or focused restructuring plan as
described in subsection (b)(2), except for the requirements
to provide public school transfer under paragraph (1)(C) or
(2)(E) of subsection (b). The Department of Interior shall be
responsible for meeting the requirements of subsection (b)(5)
relating to technical assistance.
``(B) Department operated schools.--For schools operated by
the Department of the Interior, the Department shall be
responsible for meeting the requirements of subsection (b)
relating to development and implementation of any
comprehensive intervention plan or comprehensive
restructuring plan as described in subsection (b)(1), or
focused intervention plan or focused restructuring plan as
described in subsection (b)(2), except for the requirements
to provide public school transfer under paragraph (1)(C) or
(2)(E) of subsection (b).
``(4) Corrective action and restructuring for bureau-funded
schools.--
``(A) Contract and grant schools.--For a school funded by
the Department of Interior which is operated under a contract
issued by the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et seq.) or
under a grant issued by the Secretary of the Interior
pursuant to the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), the school board of such school shall
be responsible for meeting the requirements of paragraph (1)
or (2) of subsection (b). Any action taken by such school
board under subsection (b)(1)(D) shall take into account the
unique circumstances and structure of the Department of
Interior-funded school system and the laws governing that
system.
``(B) Bureau operated schools.--For schools operated by the
Department of Interior, the Department shall be responsible
for meeting the requirements of paragraph (1) or (2) of
subsection (b). Any action taken by the Department under
subsection (b)(1)(D) shall take into account the unique
circumstances and structure of the Department of Interior-
funded school system and the laws governing that system.
``(5) Annual report.--On an annual basis, the Secretary of
the Interior shall report to the Secretary of Education and
to the appropriate committees of Congress regarding any
schools funded by the Department of Interior which have been
identified for comprehensive intervention or focused
intervention. Such report shall include--
``(A) the identity of each school;
``(B) a statement from each affected school board regarding
the factors that lead to such identification; and
``(C) an analysis by the Secretary of the Interior, in
consultation with the Secretary if the Secretary of Interior
requests the consultation, as to whether sufficient resources
were available to enable such school to achieve adequate
yearly progress.''; and (5) in subsection (h), by striking
``(b)(14)(D)'' and inserting ``(b)(12)(D)''.
SEC. 405. COUNTING ALL CHILDREN.
(a) Confidence Intervals.--Subparagraph (G) of section
1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(G)) is amended by adding at the
end the following flush sentence:
``Confidence intervals of not greater than 95 percent may
be used for purposes of this subparagraph, except that a
school that has implemented a growth model system under
section 1120D may not use confidence intervals.''.
(b) Number of Students Necessary for Statistically Reliable
Information.--Section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) is amended by adding
at the end the following:
``(n) Insufficient Number to Yield Reliable Information.--
For purposes of this section--
``(1) any group of 20 students or more shall be deemed to
be sufficient to yield statistically reliable information;
and
``(2) the Secretary may, upon the request of a State
educational agency, deem a group of students too small if--
``(A) the group consists of more than 20 but less than 31
students; and
``(B) the Secretary determines that the State educational
agency has justified, through documented evidence, the need
for such an interpretation.''.
SEC. 406. INCLUDING ALREADY-REQUIRED SCIENCE ASSESSMENTS IN
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 (E), by inserting ``Each State, using
data for the 2001-2002 school year for mathematics and
reading or language arts and data for the 2007-2008 school
year for science,'' after ``Starting Point.'';
(2) by amending subparagraph (F) to read as follows:
``(F) Timeline.--Each State shall establish a timeline for
adequate yearly progress, which shall ensure that, by the end
of--
``(i) the 2013-2014 school year, all students in each group
described in subparagraph (C)(v) will meet or exceed the
State's proficient level of academic achievement on the State
assessments of mathematics and reading or language arts under
paragraph (3); and
``(ii) the 2019-2020 school year, all students in each
group described in subparagraph (C)(v) will meet or exceed
the State's proficient level of academic achievement on the
State assessments of science under paragraph (3).''; and (3)
in paragraph (G)(i), by striking ``subsection (a)(3)'' and
inserting ``paragraph (3) and, beginning in the 2008-2009
school year, science;''.
SEC. 407. MATHEMATICS AND SCIENCE PARTNERSHIPS.
Section 2202 (20 U.S.C. 6662) is amended--
(1) by striking subparagraph (C) of subsection (b)(2) and
inserting the following:
``(C)(i) a description of how the activities to be carried
out by the eligible partnership will be based on a review of
scientifically based research on mathematics and science
education programs that are effective in improving student
academic achievement, which may include programs identified
by the Director of the National Science Foundation for
replication on a more expansive basis; and
``(ii) an explanation of how the activities are expected to
improve student academic achievement and strengthen the
quality of mathematics and science instruction;'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b) the following:
``(c) Special Consideration.--In awarding grants pursuant
to subsection (a)(1) or awarding subgrants pursuant to
subsection (a)(2), the Secretary or the State educational
agency, respectively, shall give special consideration to
eligible partnerships that carry out activities modeled after
programs identified by the Director of the National Science
Foundation for replication on a more expansive basis.'';
(4) by striking paragraph (2) of subsection (e) (as
redesignated by paragraph (2)) and inserting the following:
``(2) National science foundation.--In carrying out the
activities authorized by this part, the Secretary shall--
``(A) consult with the Director of the National Science
Foundation, particularly in the conduct of summer workshops,
institutes, or partnerships to improve mathematics and
science teaching in elementary schools and secondary schools;
and
``(B) consult with the Director of the National Science
Foundation regarding the dissemination of model programs
identified by the Director of the National Science Foundation
to be replicated on a more expansive basis.'';
(5) in subsection (f) (as redesignated by paragraph (2))--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``and'' after the
semicolon;
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) shall describe how the activities assisted under this
section will be coordinated with other programs to improve
mathematics and science academic achievement that are being
implemented by the local educational agency that is a member
of the partnership.''; and
(B) by adding at the end the following:
``(3) Reports.--
``(A) Eligible partnership reports.--Each eligible
partnership receiving a grant or subgrant under this part
shall report annually to the Secretary regarding the eligible
partnership's progress in meeting the objectives described in
the accountability plan of the partnership under paragraph
(2).
``(B) Secretary reports.--The Secretary shall annually
report to the appropriate committees of Congress on the
effectiveness of programs assisted under this part in
improving student mathematics and science academic
achievement.
``(4) Revocation.--If the Secretary or State educational
agency, as applicable, determines that an eligible
partnership is not making substantial progress in meeting the
objectives described in the accountability plan of the
partnership under paragraph (2) by the end of the second year
of the grant or subgrant under this part, then the Secretary
or State educational agency shall not make a grant or
subgrant payment under this part to the eligible partnership
for the third year of the grant or subgrant.''.
SEC. 408. CHILDREN WITH DISABILITIES AND CHILDREN WHO ARE
LIMITED ENGLISH PROFICIENT.
(a) Students With Disabilities.--Paragraph (2) of section
1111(b) (20 U.S.C. 6311(b)(2)) is amended by inserting after
subparagraph (L) the following:
``(M) Students with disabilities.--
``(i) In general.--Subject to clause (ii), in determining
whether students with disabilities meet or exceed the
objectives set by the State under subparagraph (G)--
``(I) students with significant cognitive disabilities may
be assessed against alternative standards using alternative
assessments; and
``(II) students described in clause (iii) may be assessed
against modified achievement standards that measure the same
academic content as the regular student academic achievement
standards under paragraph (1)(D).
``(ii) Numerical limits.--
``(I) Students with significant cognitive disabilities.--A
local educational agency may not claim the exception under
clause (i)(I) for more than 1 percent of the students
attending schools served by the local educational agency for
each school year.
``(II) Total limit.--A local educational agency may not
claim the exceptions under subclauses (I) and (II) of clause
(i) for more
[[Page S10919]]
than 2 percent of the students attending schools served by
the local educational agency.
``(iii) Students assessed with modified standards.--A
student is described in this clause if--
``(I) the student has a disability other than a significant
cognitive disability; and
``(II) the Secretary determines by regulations that the
type and level of such disability warrants the use of
modified achievement standards.
``(iv) Separate standards.--The determination of whether
subclause (I) or (II) of clause (i) applies to a student
shall be made separately from other categorizations of
disabilities.
``(v) Exception.--
``(I) Each State educational agency shall provide for
necessary exceptions to permit increased limits in this
subparagraph where a larger limit is justified, such as a
specialized facility in the local educational agency that
results in a larger percentage of students than average
requiring alternative assessments with alternative or
modified standards.
``(II) The State educational agency must provide
notification to the Secretary when providing exceptions to a
local educational agency and provide an annual report to the
Secretary and to the public on all the local educational
agencies receiving exemptions under this paragraph. The
report shall include the resulting assessment percentages
associated with the approved exemptions and such additional
information as the Secretary may reasonably require.
``(III) Exceptions should not be granted on the basis of
poor or inaccurate identification or the inappropriate use of
alternate achievement standards.
``(IV) Exception requests are appropriate where a local
educational agency addresses issues such as high rates of
students with the most significant cognitive disabilities;
circumstances in the local education agency that would
explain the higher rates such as specialized health programs
or facilities; and documentation that the local educational
agency has implemented safeguards that limit the
inappropriate use of alternative achievement standards. These
safeguards may include implementing State guidelines through
the Individualized Educational Plan process; informing
parents about the actual achievement of students; reporting,
to the extent possible, on test-taking patterns; including
these students in the general curriculum; providing
information about the use of appropriate accommodations; and
ensuring that teachers and other educators participate in
appropriate professional development about alternate
assessments.
``(vi) State plan.--Each State plan shall demonstrate how
the provisions of this section are to be communicated to all
public school principals and special education teachers in
the State. The State plan shall also demonstrate that each
local educational agency within the State monitors the
implementation of this subparagraph to ensure that the
subparagraph is uniformly applied to all schools served by
such agency.''.
(b) Students who are limited english proficient.--Paragraph
(2) of section 1111(b) of such Act is amended by inserting
after subparagraph (M) the following:
``(N) Students who are limited english proficient.--
``(i) In general.--Notwithstanding this section, a State
may--
``(I) exempt a recently arrived limited English proficient
student from taking the assessments during the first year
that the student is enrolled in a school in the United
States, and not include such student in determining the
percentage of students enrolled in a school that are required
to take the assessments under subparagraph (I); and
``(II) choose to not include the assessment results of all
recently arrived limited English proficient students in the
State for the first year in which the students are enrolled
in a school in the United States for the purposes of
determining if a group described in subparagraph (C)(v) has
met or exceeded the objectives set by the State under
subparagraph (G) for a school year.
``(ii) Retention in limited english proficient student
group.--
``(I) In general.--Notwithstanding this subparagraph, in
determining whether the subgroup of limited English
proficient students met or exceeded the objectives for a
school or local educational agency, a State may include in
such subgroup the assessment results of students who--
``(aa) were limited English proficient, as determined by
the State; and
``(bb) whose English proficiency has improved so that the
students are no longer limited English proficient, as
determined by the State.
``(II) Time period.--A State may include a student
described in subclause (I) in the subgroup of limited English
proficient students only during the 3 school years following
the determination that the student is no longer limited
English proficient.
``(iii) Rule of construction.--Nothing in this subparagraph
shall be construed to relieve a State or local educational
agency from its responsibility under applicable law to
provide recently arrived limited English proficient students
and students who were limited English proficient but who are
no longer limited English proficient, as determined by the
State, with appropriate instruction to assist such students
in gaining English-language proficiency as well as meeting or
exceeding the proficient levels of achievement in
mathematics, reading or language arts, and science.''.
SEC. 409. EARLY CHILDHOOD DEVELOPMENT.
Paragraph (1) of section 1116(b) (20 U.S.C. 6316(b)) is
amended by adding at the end the following new subparagraph:
``(G) Early childhood education improvement.--
``(i) In general.--In the case of an elementary school
identified as in need of comprehensive or focused
intervention, the local educational agency shall administer
developmental screens and assessments to preschool and
kindergarten students who are enrolled in the school or as
provided for in clause (iv), for purposes of--
``(I) identifying areas for which instructional
intervention is necessary in the areas of pre-literacy and
pre-numeracy for each cohort of preschool or kindergarten
students;
``(II) improving instruction and services being offered to
preschool and kindergarten students; and
``(III) determining whether diagnostic assessments are
necessary to identify needed interventions, including in the
areas of literacy and mathematics.
``(ii) Development screens and assessments.--The
developmental screens and assessments described in clause (i)
shall be screens and assessments scientifically determined to
be valid, reliable, and appropriate for the population for
whom the screens and assessments are being used.
``(iii) Restrictions on use.--The results of the screens
and assessments described in clause (i) shall be used for
improving instruction and services, and shall not be used for
accountability-based decisions regarding students, schools,
or local educational agencies.
``(iv) Earliest grade.--An elementary school that does not
have preschool or kindergarten shall administer such screens
and assessments before or during entrance into the earliest
grade offered by the school.''.
SEC. 410. ADJUNCT TEACHER CORPS.
Subpart 3 of part C of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is
amended to read as follows:
``Subpart 3--Adjunct Teacher Corps
``SEC. 2341. DECLARATION OF PURPOSE.
``It is the purpose of this subpart to create opportunities
for professionals and other individuals with subject-matter
expertise to teach secondary school courses in the core
academic subjects, particularly mathematics, science, and
critical foreign languages, on an adjunct basis.
``SEC. 2342. ADJUNCT TEACHER PROGRAM.
``(a) Program Authorized.--The Secretary shall award
grants, on a competitive basis, to eligible entities to
enable the eligible entities to recruit and train well-
qualified individuals to serve as adjunct teachers in
secondary school courses in the core academic subjects, and
to place such individuals as adjunct teachers in secondary
schools.
``(b) Eligible Entity.--For the purpose of this subpart, an
eligible entity is--
``(1) a local educational agency;
``(2) a public or private entity (which may be a State
educational agency); or
``(3) a partnership consisting of a local educational
agency and a public or private entity.
``(c) Duration of Grants.--The Secretary shall award each
grant under this subpart for a period of not more than 5
years.
``(d) Priorities.--In awarding grants under this subpart,
the Secretary shall give priority to eligible entities that
propose to--
``(1) serve local educational agencies that have a large
number or percentage of students performing below grade
level, including local educational agencies that are not
making adequate yearly progress as defined in the State plan
under section 1111(b)(2);
``(2) recruit and train adjunct teachers in mathematics,
science, or critical foreign languages, and provide schools
with the adjunct teachers; and
``(3) recruit adjunct teachers to serve in schools that
have an insufficient number of teachers with expertise in the
subjects the adjunct teachers will teach.
``(e) Application.--
``(1) In general.--An eligible entity desiring a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application shall, at a minimum,
include a description of--
``(A) the need for, and expected benefits of using, adjunct
teachers in the participating schools, which may include
information on the difficulty participating schools face in
recruiting effective faculty and the achievement levels of
students in those schools;
``(B) the goals and objectives for the project, including
the number of adjunct teachers the eligible entity intends to
place in classrooms and the specific gains in academic
achievement intended to be achieved;
``(C) how the eligible entity will recruit experienced
individuals and appropriate public and private entities to
participate in the program;
``(D) the participating schools at which, and the grade
levels and subjects in which, the eligible entity proposes to
have the adjunct faculty teach;
``(E) how the eligible entity will use funds received under
this subpart, including how the eligible entity will use
funds to evaluate the success of the program;
``(F) how the eligible entity will ensure that low-income
students, defined through
[[Page S10920]]
their eligibility for free and reduced-price lunches under
the Richard B. Russell National School Lunch Act, in
participating schools and local educational agencies will,
during the period of the grant, receive instruction in the
core academic subjects from a teacher with expertise in the
subject taught;
``(G) the eligible entity's commitment, after the project
period ends, to continue to hire and employ adjunct teachers,
as needed, to teach secondary school courses, particularly
mathematics, science, and critical foreign languages; and
``(H) how the eligible entity will overcome legal,
contractual, or administrative barriers to the employment of
adjunct faculty in each participating State educational
agency or local educational agency.
``(f) Uses of Funds.--Each eligible entity that receives a
grant under this subpart shall use the grant funds only to
carry out 1 or more of the following:
``(1) To develop the capacity of the local educational
agency or the State educational agency participating in the
eligible entity to identify, recruit, and train qualified
individuals outside of the elementary and secondary education
system (including individuals in business and government, and
individuals who would participate through distance-learning
arrangements) to become adjunct teachers.
``(2) To provide financial incentives to adjunct teachers.
``(3) To reimburse outside entities for the costs
associated with allowing an employee to serve as an adjunct
teacher, except that the costs shall not exceed the
corresponding total costs of salary and benefits for teachers
with comparable experience or expertise in the local
educational agency.
``(4) To collect and report such performance information as
the Secretary may require, including information needed for
the national evaluation conducted under subsection (h).
``(g) Matching Requirement.--Each eligible entity that
receives a grant under this section shall match the grant
funds with non-Federal funds, in cash or in kind.
``(h) National Evaluation.--From the amount made available
for any fiscal year under subsection (k), the Secretary shall
reserve such sums as may be necessary to conduct an
independent evaluation, by grant or by contract, of the
adjunct teacher corps program carried out under this subpart,
which shall include an assessment of the impact of the
program on student academic achievement. The Secretary shall
report the results of this evaluation to the appropriate
committees of Congress.
``(i) Program Performance.--
``(1) Final report.--Each eligible entity receiving a grant
under this section shall prepare and submit to the Secretary
a final report on the results of the grant that shall
include--
``(A) information on the academic achievement of students
receiving instruction from an adjunct teacher; and
``(B) such other information as the Secretary may require.
``(2) Contents.--The information required for the report
under this subsection shall be--
``(A) reported in a manner that provides for a comparison
of student achievement data prior to, during, and after
implementation of the adjunct teacher corps program under
this subpart; and
``(B) disaggregated by race, ethnicity, disability status,
limited English proficient status, and status as economically
disadvantaged, except that such disaggregation shall not be
required in a case in which--
``(i) the number of students in a category is insufficient
to yield statistically reliable information; or
``(ii) the result would reveal personally identifiable
information about an individual student.
``(j) Definitions.--In this subpart:
``(1) Adjunct teacher.--The term `adjunct teacher' means a
teacher who--
``(A) possesses, at a minimum, a baccalaureate degree;
``(B) has demonstrated expertise in the subject matter the
teacher teaches;
``(C) during the first year assists the teacher of record
or shall receive other mentoring services;
``(D) is subject to the same teacher effectiveness
provisions as other teachers; and
``(E) is not required to meet the other requirements of
section 9101(23).
``(2) Critical foreign language.--The term `critical
foreign language' means a foreign language considered most
critical to ensure future United States national security and
economic prosperity, as determined by the Secretary.
``(3) Secondary school course.--The term `secondary school
course' means a course in 1 of the core academic subjects (as
that term is defined in section 9101) provided to students in
grades 6 through 12.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart
$25,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the 4 succeeding years.''.
TITLE V--ENHANCEMENTS
SEC. 501. PURPOSES.
The purposes of this title are to--
(1) permit low-income students in schools not making
adequate yearly progress with the option to go to another
public school outside of their own district and have Federal
funds follow the child;
(2) provide incentives for the equitable distribution of
funds to public charter schools;
(3) improve programs for parental involvement;
(4) provide evidence-based intervention models to improve
access to early intervention, early identification, and
improved academic outcomes for all students;
(5) incorporate universal design for learning properties to
provide a research-based framework for designing curricula
including goals, teaching methods, instructional materials,
and assessments, that enables all individuals to gain
knowledge, skills, and enthusiasm for learning;
(6) double over 3 years the research and development
investment to develop innovative education models and
strengthen the scientifically based information necessary
under the Elementary and Secondary Education Act of 1965;
(7) expand access to supplemental educational services;
(8) increase support for foster children and youth;
(9) disaggregate graduation rates and hold schools
accountable for closing the achievement gap in graduation
rates; and
(10) develop high school improvement plans.
SEC. 502. AUTHORIZATIONS.
For the purpose of carrying out this title, in addition to
other amounts already authorized, there are to be
appropriated $750,000,000 for fiscal year 2008 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
SEC. 503. PUBLIC SCHOOL CHOICE.
Section 1116 (20 U.S.C. 6316) is amended by adding at the
end the following:
``(i) Out-of-District Transfer Program to Another Public
School.--
``(1) Program authorized.--From amounts authorized under
paragraph (5), the Secretary is authorized to make payments
to local education agencies on behalf of eligible students
attending schools that are in need of comprehensive
intervention, to enable such students to transfer to
elementary or secondary schools served by other local
educational agencies.
``(2) Definitions.--In this subsection:
``(A) Eligible student.--the term `eligible student' means
an elementary or secondary school student who--
``(i) is from a low-income family as determined by
eligibility for free and reduced-price lunches under the
Richard B. Russell National School Lunch Act;
``(ii) at the time of application, is enrolled in a school
that is in need of comprehensive intervention; and
``(iii) is unable to take advantage of public school choice
under subsection (b)(1)(D) because--
``(I) all public schools in the local educational agency
for the student's grade are identified as in need of
comprehensive intervention; or
``(II) all public schools that are not so identified do not
have availability to take additional students.
``(B) Receiving school.--The term `receiving school' means
a public elementary or secondary school that--
``(i) is served by a local educational agency and is
located nearby the student's home school;
``(ii) is not identified as being in need of comprehensive
intervention for the school year preceding the year the
student participates in the program under this subsection;
and
``(iii) agrees to accept students participating in the
program under this subsection.
``(3) Award basis.--If the amounts appropriated under
paragraph (5) for a fiscal year are not sufficient to award
payments, the Secretary shall give a priority to students in
States or localities that offer matching grants or cost
sharing with the Federal funding.
``(4) Payments.--
``(A) In general.--For each student that participates in
the program under this section, the Secretary shall make a
payment to the local educational agency that serves the
receiving school that accepts such student, to be used toward
the costs of providing a quality public education to the
eligible students.
``(B) Amount.--The amount of a payment provided on behalf
of a student under this section shall be up to $5,000 a year,
of which--
``(i) not more than the average amount of Federal funds per
student from title I and title V of the Elementary and
Secondary Education Act of 1965 in the originating local
educational agency shall be transferred from the originating
local educational agency of the school in need of
comprehensive intervention to the receiving local educational
agency;
``(ii) not more than $4,000 shall be used by the receiving
local educational agency for tuition, fees, and
transportation related to providing public education to
eligible students; and
``(ii) not more than $1,000 shall be used to provide
mentoring for eligible students transferring to the new
school and to offer parental involvement programs for the
eligible student.
``(5) Authorization of appropriations.--From the amounts
authorized to be appropriated under section 502 of the All
Students Can Achieve Act, there are authorized to be
appropriated to carry out this section $50,000,000 for fiscal
year 2008 and for the 4 succeeding fiscal years.''.
SEC. 504. PUBLIC CHARTER SCHOOLS.
(a) IDEA and Charter Schools.--Section 5205(a) (20 U.S.C.
7221(d)) is amended by adding at the end the following:
[[Page S10921]]
``(6) To provide technical assistance to public charter
schools on how to meet the requirements of part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411
et seq.).''.
(b) Charter School Equitable Funding.-Section 5202(e)(3)
(20 U.S.C. 7221e(e)(3)) is amended by adding at the end the
following:
``(D) The State--
``(i) provides public charter schools with funding
commensurate with that provided to other public schools,
including provision for school facilities; and
``(ii) ensures that each local educational agency sends to
the charter schools the Federal, State and local dollars to
which the charter schools are entitled in a timely manner.''.
(c) Authorization of Appropriations for Public Charter
School Programs.--Section 5211 (20 U.S.C. 7221j) is amended
to read as follows:
``SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) to carry out this subpart (except for section
5205(b)), $250,000,000 for fiscal year 2008 and each of the 4
succeeding fiscal years; and
``(2) to carry out section 5205(b), $30,000,000 for fiscal
year 2008 and each of the 4 succeeding fiscal years.''.
SEC. 505. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) in the case of a State where a parental information
and resource center is established, integrate the center in
the policy and utilize the center to--
``(i) disseminate information and materials to parents; and
``(ii) provide valuable assistance to schools that have not
achieved adequate yearly progress.''; and
(2) by striking subsection (h) and inserting the following:
``(h) State Educational Agency Responsibilities.--
``(1) Review.--Each State educational agency receiving
assistance under this part shall review the local educational
agency's parental involvement policies and practices to
determine if the policies and practices meet the requirements
of this section.
``(2) Oversight.--Each State educational agency receiving
assistance under this part shall designate an office or
position within the State educational agency that shall--
``(A) oversee the proper implementation of the requirements
pertaining to parental involvement of this part;
``(B) maintain records of all comments made to or about any
local educational agency in the State with respect to the
local educational agency's development and implementation of
the parental involvement policy under subsection (a); and
``(C) in the case of a State that has a parental
information and resource center, annually prepare and submit
a report to the center that includes, for each local
educational agency and public school in the State, that--
``(i) lists the scores for each local educational agency
and public school in the State on the State academic
assessments for each group described in section
1111(b)(2)(C)(v);
``(ii) lists each agency or school's result for each
indicator of adequate yearly progress, as defined under
section 1111(b)(3)(C), for each such group; and
``(iii) provides information on each agency or school's
compliance with the requirements pertaining to parental
involvement under this part.''.
SEC. 506. RESPONSE TO INTERVENTION.
(a) Inclusion in Local Educational Agency Plans Under
Section 1112.--Subparagraph (C) of section 1112(b)(1) of the
Elementary and Secondary Education Act of 1965 is amended by
inserting before the semicolon ``, such as through an
evidence-based intervention model described in section
1114(b)(1)(B)(v)''.
(b) Inclusion in Schoolwide Reform Strategies of Schools
Under Section 1114.--Subparagraph (B) of section 1114(b)(1)
of such Act is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting a semicolon; and
(3) by adding at the end the following new clauses:
``(iv) coordinate with early intervening services under
section 613(f) of the Individuals with Disabilities Education
Act; and
``(v) provide evidence-based intervention models that
include high-quality instruction, universal screening,
progress monitoring, research-based interventions matched to
student needs, and educational decision-making using learning
rate over time and level of performance.''.
(c) Inclusion in Reading First Strategies.--Clause (ii) of
section 1202(c)(7)(A) of such Act is amended--
(1) by striking ``and'' at the end of subclause (I);
(2) by striking the period at the end of subclause (II) and
inserting ``; and''; and
(3) by adding at the end the following new subclause:
``(III) includes an evidence-based intervention model
described in section 1114(b)(1)(B)(v) to support the
activities required or permitted under this paragraph.''.
(d) Inclusion in Professional Development Funding.--
(1) Section 2113(c)(2).--Paragraph (2) of section 2113(c)
of such Act is amended--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) enable teachers to provide services under an
evidence-based intervention model described in section
1114(b)(1)(B)(v).''.
(2) Section 2123(a)(3)(b).--Subparagraph (B) of section
2123(a)(3) of such Act is amended--
(A) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively; and
(B) by inserting after clause (iii) the following new
clause:
``(iv) provide training to enable teachers to provide
services under an evidence-based intervention model described
in section 1114(b)(1)(B)(v).''.
SEC. 507. UNIVERSAL DESIGN FOR LEARNING.
(a) Section 111(b)(1)(d)(i).--Section 1111(b)(1)(D)(i) of
such Act is amended--
(1) by striking ``and'' at the end of subclause (II); and
(2) by adding at the end the following new subclause:
``(IV) may incorporate the principals of universal design
for learning;''.
(b) Section 1111(b)(3)(c).--Section 1111(b)(3)(C) of such
Act is amended--
(1) by striking ``and'' at the end of clause (xiv);
(2) by striking the period and adding ``; and'' to the end
of clause (xv); and
(3) by adding at the end a new clause:
``(xvi) to the extent feasible, be universally designed
assessments that are designed from the outset to enable all
students, including those with disabilities, to demonstrate
their knowledge, skills, and abilities in accordance with
intended learning standards and instructional goals.
Based on the principles of universal design for learning,
such assessments--
``(I) minimize the effect of construct-irrelevant factors,
such as physical, sensory, cultural, learning, or cognitive
disabilities, or language barriers, that may interfere with
the accuracy of the assessment; and
``(II) provide appropriate supports for students to
demonstrate the knowledge, skills, and abilities according to
the intended learning standards.''.
(c) Section 1111(c).--Section 1111(c) of such Act is
amended--
(1) by striking ``and'' at the end of paragraph (13);
(2) by striking the period and adding ``; and'' at the end
of paragraph (14); and
(3) by adding at the end a new paragraph:
``(15) the State educational agency, to the extent that it
is involved in selecting and recommending textbooks and other
instructional materials, will encourage the purchase of
textbooks and materials that are consistent with the
principles of universal design for learning.''.
(d) Section 1111(h)(5).--Section 1111(h)(5) of such Act is
amended by striking the period and inserting the following:
``a comprehensive plan developed in consultation with the
experts in the field and stakeholders to address the
implementation of universal design for learning. The plan
must be sufficiently detailed to provide substantial guidance
for activities that include research, model demonstrations,
technical assistance and dissemination, technology
innovations, personnel preparation, staff development and
other means to develop and apply universal design for
learning to standards, curriculum, teaching methods,
instructional materials and assessments. The plan shall
include proposed funding levels and timelines for
implementing the various research, development and
dissemination activities, and other components of the
plan.''.
(e) Section 1112(c)(1).--Section 1112(c)(1) of such Act is
amended--
(1) by striking ``and'' at the end of subclause (N);
(2) by striking the period and adding ``; and'' at the end
of subclause (O); and
(3) by adding at the end the following:
``(P) Encourage the use of curriculum, teaching methods,
instructional materials and assessments that are consistent
with the principles of universal design for learning.''.
(f) Section 2112(b).--Section 2112(b) of such Act is
amended by adding at the end the following:
``(12) A description of how the State educational agency
will use funds under this part to provide training in the use
of teaching methods consistent with the principles of
universal design for learning.''.
(g) Section 2112(c)(2).--Section 2112(c)(2) of such Act is
amended by inserting ``general and special education'' after
``involvement of'', and inserting ``consistent with the
principle of universal learning'' after ``teaching skills''.
(h) Section 2402(a).--Section 2402(a) of such Act is
amended by adding at the end the following:
``(9) To permit the purchase and implementation of
universally designed technology, including staff development
and technical support; to ensure that all students, including
those with disabilities, will have an opportunity to benefit
from the integration of technology into the general education
curriculum; to provide frequent experiences in the use of
universally designed technologies
[[Page S10922]]
that may be applied to large scale assessments; and to
measure the impact of universally designed technologies on
the learning and achievement of all learners.''.
(i) Section 6111(l).--Section 6111(l) of such Act is
amended by inserting ``and universally designed assessments
under section 1111 (b)(3)(C)(xvi)'' after ``required by
section 1111(b)''.
(j) Section 9101.--Section 9101 of such Act is amended by
adding at the end the following:
``(44) Universal design.--The term `universal design', as
defined in section 3 of the Assistive Technology Act of 1998
(29 U.S.C. 3002), means a concept or philosophy for designing
and delivering products and services that are usable by
people with the widest range of possible functional
capabilities, which include products and services that are
directly usable (without requiring assistive technologies)
and products and services that are made usable with assistive
technologies.
``(45) Universal design for learning.--The term `universal
design for learning' extends the concept of universal design
to the field of education. It is a research-based framework
for designing curriculum, including goals, methods,
materials, and assessments, that enables all individuals to
gain knowledge, skills, and enthusiasm for learning.
Universal design for learning provides curricular flexibility
(in activities, in the ways information is presented, in the
ways students respond or demonstrate knowledge, and in the
ways students are engaged) to reduce barriers, provide
appropriate supports and challenges, and maintain high
achievement standards for all students, including students
with disabilities.
``(46) Universally designed technology.--The term
`universally designed technology' means hardware and software
that--
``(A) include the features necessary for use by all
learners or supports integration with the necessary assistive
hardware and software technologies to ensure that the
hardware and software are accessible and optimized for all
learners; and
``(B) provide flexibility in the ways that information is
presented, in the ways that students respond or demonstrate
knowledge, and in the ways in which students are engaged in
order to provide appropriate support and challenge and
enhance the performance for a typically diverse spectrum of
learners.''.
SEC. 508. DOUBLING SCIENTIFIC-BASED EDUCATION RESEARCH AT
DEPARTMENT OF EDUCATION.
There are authorized to be appropriated for research,
development, and dissemination activities for the Institute
of Education Sciences of the Department of Education--
(1) $163,000,000 for fiscal year 2008;
(2) $218,000,000 for fiscal year 2009;
(3) $272,000,000 for fiscal year 2010;
(4) $326,000,000 for fiscal year 2011; and
(5) $380,000,000 for fiscal year 2012;
To enhance research and development on primary and secondary
education reform through scientifically based research and
innovative models for education and learning.
SEC. 509. SUPPLEMENTAL EDUCATIONAL SERVICES.
(a) Use of School Facilities in Providing Supplemental
Educational Services.--Paragraph (2) of section 1116(e) of
such Act is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) establish a process (which may include, after
consultation with parents receiving such services, reasonable
limits) for approved providers to provide such services at
schools which otherwise permit nonschool-affiliated groups to
use school facilities.''.
(b) Use of Multi-District Consortiums To Satisfy SES
Requirements.--Subsection (e) of section 1116 of such Act is
amended--
(1) by redesignating paragraph (12) as paragraph (13); and
(2) by inserting after paragraph (11) the following new
paragraph:
``(12) Consortiums.--
``(A) Use of multi-district consortiums to satisfy ses
requirements.--Local educational agencies may form
consortiums to carry out the functions of such agencies under
this subsection.
``(B) Pooling of eligible students.--Nothing in this
section shall be construed to prohibit students eligible for
supplemental educational services from pooling together to
attract additional provider options.''.
SEC. 510. INCREASING SUPPORT FOR FOSTER CHILDREN AND YOUTH.
(a) Elementary and Secondary Education Act of 1965.--
(1) Section 1112(b)(1)(e)(II).--Section 1112(b)(1)(E)(ii)
of the Elementary and Secondary Education Act of 1965 is
amended by inserting ``foster children and youth,'' after
``homeless children,''.
(2) Section 1112(b)(1)(o).--Section 1112(b)(1)(O) of the
Elementary and Secondary Education Act of 1965 is amended by
inserting ``and foster children and youth'' after ``homeless
children,''.
(3) Section 1113(b)(3)(a).--Section 1113(b)(3)(A) of the
Elementary and Secondary Education Act of 1965 is amended by
inserting ``and foster children and youth'' after ``homeless
children''.
(4) Section 1115(b)(2).--Section 1115(b)(2) of the
Elementary and Secondary Education Act is amended by
inserting at the end the following:
``(F) Foster children and youth.--A child or youth who is
in the foster care system and attending any school served by
the local educational agency is eligible for services under
this part.''.
``Subtitle B--Education for Eligible Children and Youths
``SEC. 721. STATEMENT OF POLICY.
``The following is the policy of the Congress:
``(1) Each State educational agency shall ensure that each
child of a homeless individual and each eligible child or
youth has equal access to the same free, appropriate public
education, including a public preschool education, as
provided to other children and youths.
``(2) In any State that has a compulsory residency
requirement as a component of the State's compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of eligible children and
youths, the State will review and undertake steps to revise
such laws, regulations, practices, or policies to ensure that
eligible children and youths are afforded the same free,
appropriate public education as provided to other children
and youths.
``(3) Homelessness alone is not sufficient reason to
separate students from the mainstream school environment.
``(4) Eligible children and youths should have access to
the education and other services that such children and
youths need to ensure that such children and youths have an
opportunity to meet the same challenging State student
academic achievement standards to which all students are
held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF ELIGIBLE CHILDREN AND YOUTHS.
``(a) General Authority.--The Secretary is authorized to
make grants to States in accordance with the provisions of
this section to enable such States to carry out the
activities described in subsections (d) through (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) Allocation.--(A) Subject to subparagraph (B), the
Secretary is authorized to allot to each State an amount that
bears the same ratio to the amount appropriated for such year
under section 726 that remains after the Secretary reserves
funds under paragraph (2) and uses funds to carry out section
724(d) and (h), as the amount allocated under section 1122 of
the Elementary and Secondary Education Act of 1965 to the
State for that year bears to the total amount allocated under
section 1122 of such Act to all States for that year, except
that no State shall receive less than the greater of--
``(i) $150,000;
``(ii) one-fourth of 1 percent of the amount appropriated
under section 726 for that year; or
``(iii) the amount such State received under this section
for fiscal year 2001.
``(B) If there are insufficient funds in a fiscal year to
allot to each State the minimum amount under subparagraph
(A), the Secretary shall ratably reduce the allotments to all
States based on the proportionate share that each State
received under this subsection for the preceding fiscal year.
``(2) Reservations.--(A) The Secretary is authorized to
reserve 0.1 percent of the amount appropriated for each
fiscal year under section 726 to be allocated by the
Secretary among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, according to their respective need for assistance
under this subtitle, as determined by the Secretary.
``(B)(i) The Secretary shall transfer 1 percent of the
amount appropriated for each fiscal year under section 726 to
the Department of the Interior for programs for Indian
students served by schools funded by the Secretary of the
Interior, as determined under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), that
are consistent with the purposes of the programs described in
this subtitle.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this subtitle, for the distribution and use
of the funds described in clause (i) under terms that the
Secretary determines best meet the purposes of the programs
described in this subtitle. Such agreement shall set forth
the plans of the Secretary of the Interior for the use of the
amounts transferred, including appropriate goals, objectives,
and milestones.
``(3) State defined.--For purposes of this subsection, the
term `State' does not include the United States Virgin
Islands, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
``(d) Activities.--Grants under this section shall be used
for the following:
``(1) To carry out the policies set forth in section 721 in
the State.
``(2) To provide activities for, and services to, eligible
children and youths (including eligible children and youths
of preschool age) that enable children and youths described
in this paragraph to enroll in, attend, and succeed in
school, or, if appropriate, in preschool programs.
``(3) To establish or designate an Office of Coordinator
for Education of Homeless Children and Youths in the State
educational agency in accordance with subsection (f).
[[Page S10923]]
``(4) To prepare and carry out the State plan described in
subsection (g).
``(5) To develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of eligible children and youths.
``(e) State and Local Subgrants.--
``(1) Minimum disbursements by states.--From the sums made
available each year to carry out this subtitle, the State
educational agency shall distribute not less than 75 percent
in subgrants to local educational agencies for the purposes
of carrying out section 723, except that States funded at the
minimum level set forth in subsection (c)(1) shall distribute
not less than 50 percent in subgrants to local educational
agencies for the purposes of carrying out section 723.
``(2) Use by state educational agency.--A State educational
agency may use funds made available for State use under this
subtitle to conduct activities under subsection (f) directly
or through grants or contracts.
``(3) Prohibition on segregating eligible children and
youths.--
``(A) In general.--Except as provided in subparagraph (B)
and section 723(a)(2)(B)(ii), in providing a free public
education to an eligible child or youth, no State receiving
funds under this subtitle shall segregate such child or youth
in a separate school, or in a separate program within a
school, based on such child's or youth's status as an
eligible child or youth.
``(B) Exception.--Notwithstanding subparagraph (A),
paragraphs (1)(J)(i) and (3) of subsection (g), section
723(a)(2), and any other provision of this subtitle relating
to the placement of eligible children or youths in schools, a
State that has a separate school for eligible children or
youths that was operated in fiscal year 2000 in a covered
county shall be eligible to receive funds under this subtitle
for programs carried out in such school if--
``(i) the school meets the requirements of subparagraph
(C);
``(ii) any local educational agency serving a school that
the eligible children and youths enrolled in the separate
school are eligible to attend meets the requirements of
subparagraph (E); and
``(iii) the State is otherwise eligible to receive funds
under this subtitle.
``(C) School requirements.--For the State to be eligible
under subparagraph (B) to receive funds under this subtitle,
the school described in such subparagraph shall--
``(i) provide written notice, at the time any child or
youth seeks enrollment in such school, and at least twice
annually while the child or youth is enrolled in such school,
to the parent or guardian of the child or youth (or, in the
case of an unaccompanied youth, the youth) that--
``(I) shall be signed by the parent or guardian (or, in the
case of an unaccompanied youth, the youth);
``(II) sets forth the general rights provided under this
subtitle;
``(III) specifically states--
``(aa) the choice of schools eligible children and youths
are eligible to attend, as provided in subsection (g)(3)(A);
``(bb) that no eligible child or youth is required to
attend a separate school for eligible children or youths;
``(cc) that eligible children and youths shall be provided
comparable services described in subsection (g)(4), including
transportation services, educational services, and meals
through school meals programs; and
``(dd) that eligible children and youths should not be
stigmatized by school personnel; and
``(IV) provides contact information for the local liaison
for eligible children and youths and the State Coordinator
for Education of Homeless Children and Youths;
``(ii)(I) provide assistance to the parent or guardian of
each eligible child or youth (or, in the case of an
unaccompanied youth, the youth) to exercise the right to
attend the parent's or guardian's (or youth's) choice of
schools, as provided in subsection (g)(3)(A); and
``(II) coordinate with the local educational agency with
jurisdiction for the school selected by the parent or
guardian (or youth), to provide transportation and other
necessary services;
``(iii) ensure that the parent or guardian (or, in the case
of an unaccompanied youth, the youth) shall receive the
information required by this subparagraph in a manner and
form understandable to such parent or guardian (or youth),
including, if necessary and to the extent feasible, in the
native language of such parent or guardian (or youth); and
``(iv) demonstrate in the school's application for funds
under this subtitle that such school--
``(I) is complying with clauses (i) and (ii); and
``(II) is meeting (as of the date of submission of the
application) the same Federal and State standards,
regulations, and mandates as other public schools in the
State (such as complying with sections 1111 and 1116 of the
Elementary and Secondary Education Act of 1965 and providing
a full range of education and related services, including
services applicable to students with disabilities).
``(D) School ineligibility.--A separate school described in
subparagraph (B) that fails to meet the standards,
regulations, and mandates described in subparagraph
(C)(iv)(II) shall not be eligible to receive funds under this
subtitle for programs carried out in such school after the
first date of such failure.
``(E) Local educational agency requirements.--For the State
to be eligible to receive the funds described in subparagraph
(B), the local educational agency described in subparagraph
(B)(ii) shall--
``(i) implement a coordinated system for ensuring that
eligible children and youths--
``(I) are advised of the choice of schools provided in
subsection (g)(3)(A);
``(II) are immediately enrolled, in accordance with
subsection (g)(3)(C), in the school selected under subsection
(g)(3)(A); and
``(III) are promptly provided necessary services described
in subsection (g)(4), including transportation, to allow
eligible children and youths to exercise their choices of
schools under subsection (g)(3)(A);
``(ii) document that written notice has been provided--
``(I) in accordance with subparagraph (C)(i) for each child
or youth enrolled in a separate school under subparagraph
(B); and
``(II) in accordance with subsection (g)(6)(A)(v);
``(iii) prohibit schools within the agency's jurisdiction
from referring eligible children or youths to, or requiring
eligible children and youths to enroll in or attend, a
separate school described in subparagraph (B);
``(iv) identify and remove any barriers that exist in
schools within the agency's jurisdiction that may have
contributed to the creation or existence of separate schools
described in subparagraph (B); and
``(v) not use funds received under this subtitle to
establish--
``(I) new or additional separate schools for eligible
children or youths; or
``(II) new or additional sites for separate schools for
eligible children or youths, other than the sites occupied by
the schools described in subparagraph (B) in fiscal year
2000.
``(F) Report.--
``(i) Preparation.--The Secretary shall prepare a report on
the separate schools and local educational agencies described
in subparagraph (B) that receive funds under this subtitle in
accordance with this paragraph. The report shall contain, at
a minimum, information on--
``(I) compliance with all requirements of this paragraph;
``(II) barriers to school access in the school districts
served by the local educational agencies; and
``(III) the progress the separate schools are making in
integrating eligible children and youths into the mainstream
school environment, including the average length of student
enrollment in such schools.
``(ii) Compliance with information requests.--For purposes
of enabling the Secretary to prepare the report, the separate
schools and local educational agencies shall cooperate with
the Secretary and the State Coordinator for Education of
Homeless Children and Youths established in the State under
subsection (d)(3), and shall comply with any requests for
information by the Secretary and State Coordinator for such
State.
``(iii) Submission.--Not later than 2 years after the date
of enactment of the McKinney-Vento Homeless Education
Assistance Improvements Act of 2001, the Secretary shall
submit the report described in clause (i) to--
``(I) the President;
``(II) the Committee on Education and the Workforce of the
House of Representatives; and
``(III) the Committee on Health, Education, Labor, and
Pensions of the Senate.
``(G) Definition.--For purposes of this paragraph, the term
`covered county' means--
``(i) San Joaquin County, California;
``(ii) Orange County, California;
``(iii) San Diego County, California; and
``(iv) Maricopa County, Arizona.
``(f) Functions of the Office of Coordinator.--The
Coordinator for Education of Homeless Children and Youths
established in each State shall--
``(1) gather reliable, valid, and comprehensive information
on the nature and extent of the problems eligible children
and youths have in gaining access to public preschool
programs and to public elementary schools and secondary
schools, the difficulties in identifying the special needs
of such children and youths, any progress made by the
State educational agency and local educational agencies in
the State in addressing such problems and difficulties,
and the success of the programs under this subtitle in
allowing eligible children and youths to enroll in,
attend, and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect and transmit to the Secretary, at such time
and in such manner as the Secretary may require, a report
containing such information as the Secretary determines is
necessary to assess the educational needs of eligible
children and youths within the State;
``(4) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
(including agencies providing mental health services) to
provide services to eligible children and youths (including
eligible children and youths of preschool age), and to
families of children and youths described in this paragraph;
``(5) in order to improve the provision of comprehensive
education and related services to eligible children and
youths and their families, coordinate and collaborate with--
[[Page S10924]]
``(A) educators, including child development and preschool
program personnel;
``(B) providers of services to foster, runaway, and
eligible children and youths, and homeless families
(including domestic violence agencies, shelter operators,
transitional housing facilities, runaway and homeless youth
centers, and transitional living programs for eligible
children and youth);
``(C) local educational agency liaisons designated under
subsection (g)(1)(J)(ii) for eligible children and youths;
and
``(D) community organizations and groups representing
eligible children and youths and their families; and
``(6) provide technical assistance to local educational
agencies in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements
of section 722(e)(3) and paragraphs (3) through (7) of
subsection (g).
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary
a plan to provide for the education of eligible children and
youths within the State. Such plan shall include the
following:
``(A) A description of how such children and youths are (or
will be) given the opportunity to meet the same challenging
State academic achievement standards all students are
expected to meet.
``(B) A description of the procedures the State educational
agency will use to identify such children and youths in the
State and to assess their special needs.
``(C) A description of procedures for the prompt resolution
of disputes regarding the educational placement of eligible
children and youths.
``(D) A description of programs for school personnel
(including principals, attendance officers, teachers,
enrollment personnel, and pupil services personnel) to
heighten the awareness of such personnel of the specific
needs of foster, runaway, and eligible children and youths.
``(E) A description of procedures that ensure that eligible
children and youths who meet the relevant eligibility
criteria are able to participate in Federal, State, or local
food programs.
``(F) A description of procedures that ensure that--
``(i) eligible children and youths of preschool age have
equal access to the same public preschool programs,
administered by the State agency, as provided to other
children in the State;
``(ii) eligible children and youths of secondary school age
and youths separated from the public schools are identified
and accorded equal access to appropriate secondary education
and support services; and
``(iii) eligible children and youths who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs.
``(G) Strategies to address problems identified in the
report provided to the Secretary under subsection (f)(3).
``(H) Strategies to address other problems with respect to
the education of eligible children and youths, including
problems resulting from enrollment delays that are caused
by--
``(i) immunization and medical records requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school records, or
other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational agency and
local educational agencies in the State have developed, and
shall review and revise, policies to remove barriers to the
enrollment and retention of eligible children and youths in
schools in the State.
``(J) Assurances that--
``(i) the State educational agency and local educational
agencies in the State will adopt policies and practices to
ensure that eligible children and youths are not stigmatized
or segregated on the basis of their status as eligible
children and youths;
``(ii) local educational agencies will designate an
appropriate staff person, who may also be a coordinator for
other Federal programs, as a local educational agency liaison
for eligible children and youths, to carry out the duties
described in paragraph (6)(A); and
``(iii) the State and its local educational agencies will
adopt policies and practices to ensure that transportation is
provided, at the request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison), to and from the
school of origin, as determined in paragraph (3)(A), in
accordance with the following, as applicable:
``(I) If the eligible child or youth continues to live in
the area served by the local educational agency in which the
school of origin is located, the child's or youth's
transportation to and from the school of origin shall be
provided or arranged by the local educational agency in which
the school of origin is located.
``(II) If the eligible child's or youth's living
arrangements in the area served by the local educational
agency of origin terminate and the child or youth, though
continuing his or her education in the school of origin,
begins living in an area served by another local educational
agency, the local educational agency of origin and the local
educational agency in which the eligible child or youth is
living shall agree upon a method to apportion the
responsibility and costs for providing the child with
transportation to and from the school of origin. If the local
educational agencies are unable to agree upon such method,
the responsibility and costs for transportation shall be
shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this subsection
shall also describe how the State will ensure that local
educational agencies in the State will comply with the
requirements of paragraphs (3) through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency serving
each child or youth to be assisted under this subtitle shall,
according to the child's or youth's best interest--
``(i) continue the child's or youth's education in the
school of origin for the duration of homelessness, or
jurisdiction of the public child welfare agency, as the case
may be--
``(I) in any case in which a family becomes homeless
between academic years or during an academic year; or
``(II) in any case in which a child or youth is placed in
the jurisdiction of the public child welfare agency between
academic years or during an academic year; or
``(III) for the remainder of the academic year, if the
child or youth becomes permanently housed during an academic
year; or
``(ii) enroll the child or youth in any public school that
students who are not eligible children and youths and who
live in the attendance area in which the child or youth is
actually living are eligible to attend.
``(B) Best interest.--In determining the best interest of
the child or youth under subparagraph (A), the local
educational agency shall--
``(i) to the extent feasible, keep an eligible child or
youth in the school of origin, except when doing so is
contrary to the wishes of the child's or youth's parent or
guardian;
``(ii) provide a written explanation, including a statement
regarding the right to appeal under subparagraph (E), to the
eligible child's or youth's parent or guardian, if the local
educational agency sends such child or youth to a school
other than the school of origin or a school requested by the
parent or guardian; and
``(iii) in the case of an unaccompanied youth, ensure that
the liaison designated under paragraph (1)(J)(ii) assists in
placement or enrollment decisions under this subparagraph,
considers the views of such unaccompanied youth, and provides
notice to such youth of the right to appeal under
subparagraph (E).
``(C) Enrollment.--(i) The school selected in accordance
with this paragraph shall immediately enroll the eligible
child or youth, even if the child or youth is unable to
produce records normally required for enrollment, such as
previous academic records, medical records, proof of
residency, or other documentation.
``(ii) The enrolling school shall immediately contact the
school last attended by the child or youth to obtain relevant
academic and other records.
``(iii) If the child or youth needs to obtain
immunizations, or immunization or medical records, the
enrolling school shall immediately refer the parent or
guardian of the child or youth to the local educational
agency liaison designated under paragraph (1)(J)(ii), who
shall assist in obtaining necessary immunizations, or
immunization or medical records, in accordance with
subparagraph (D).
``(D) Records.--Any record ordinarily kept by the school,
including immunization or medical records, academic records,
birth certificates, guardianship records, and evaluations for
special services or programs, regarding each eligible child
or youth shall be maintained--
``(i) so that the records are available, in a timely
fashion, when a child or youth enters a new school or school
district; and
``(ii) in a manner consistent with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises over
eligibility for school services, school selection, enrollment
in a school, or any other issue under this subtitle--
``(i) the child or youth shall be immediately enrolled in
the school in which enrollment is sought, pending final
resolution of the dispute, including all available appeals;
``(ii)(I) the unaccompanied youth or the parent or guardian
of the child or youth shall be provided with written
explanations of any related decisions made by the school, the
local educational agency, or the State educational agency,
which shall include information about the right to appeal the
decisions; and
``(II) if the child or youth is in out-of-home care, the
responsible local child welfare agency and the court involved
shall also be provided with such written explanation and
shall, in turn, provide such written explanations to
individuals involved in the child's or youth's care, as
appropriate;
``(iii) the child, youth, parent, or guardian shall be
referred to the local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out the dispute
resolution process as described in paragraph (1)(C) as
expeditiously as possible after receiving notice of the
dispute; and
[[Page S10925]]
``(iv) in the case of an unaccompanied youth, the liaison
shall ensure that the youth is immediately enrolled in school
pending resolution of the dispute, including all available
appeals.
``(F) Placement choice.--The choice regarding placement
shall be made regardless of whether the child or youth lives
with the homeless parents or has been temporarily placed
elsewhere.
``(G) School of origin defined.--In this paragraph, the
term `school of origin' means the school that the child or
youth attended when permanently housed or the school in which
the child or youth was last enrolled.
``(H) Contact information.--Nothing in this subtitle shall
prohibit a local educational agency from requiring a parent
or guardian of an eligible child to submit contact
information.
``(4) Comparable services.--Each eligible child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the
school selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited English proficiency.
``(C) Programs in vocational and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency serving
eligible children and youths that receives assistance under
this subtitle shall coordinate--
``(i) the provision of services under this subtitle with
local social services agencies and other agencies or programs
providing services to eligible children and youths and their
families, including services and programs funded under the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.); and
``(ii) with other local educational agencies on
interdistrict issues, such as transportation or transfer of
school records.
``(B) Housing assistance.--If applicable, each State
educational agency and local educational agency that receives
assistance under this subtitle shall coordinate with State
and local housing agencies responsible for developing the
comprehensive housing affordability strategy described in
section 105 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12705) to minimize educational
disruption for children and youths who become homeless.
``(C) Coordination purpose.--The coordination required
under subparagraphs (A) and (B) shall be designed to--
``(i) ensure that eligible children and youths have access
and reasonable proximity to available education and related
support services; and
``(ii) raise the awareness of school personnel and service
providers of the effects of short-term stays in a shelter and
other challenges associated with homelessness and being in
the foster care system.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency liaison for
eligible children and youths, designated under paragraph
(1)(J)(ii), shall ensure that--
``(i) eligible children and youths are identified by school
personnel and through coordination activities with other
entities and agencies;
``(ii) eligible children and youths enroll in, and have a
full and equal opportunity to succeed in, schools of that
local educational agency;
``(iii) eligible children and youths and homeless families
receive educational services for which such children and
youths and families are eligible, including Head Start and
Even Start programs and preschool programs administered by
the local educational agency, and referrals to health care
services, dental services, mental health services, and other
appropriate services;
``(iv) the parents or guardians of eligible children and
youths are informed of the educational and related
opportunities available to their children and are provided
with meaningful opportunities to participate in the education
of their children;
``(v) public notice of the educational rights of eligible
children and youths is disseminated where such children and
youths receive services under this Act, such as schools,
family shelters, and soup kitchens;
``(vi) enrollment disputes are mediated in accordance with
paragraph (3)(E); and
``(vii) the parent or guardian of an eligible child or
youth, and any unaccompanied youth, is fully informed of all
transportation services, including transportation to the
school of origin, as described in paragraph (1)(J)(iii), and
is assisted in accessing transportation to the school that is
selected under paragraph (3)(A).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall inform
school personnel, service providers, and advocates working
with homeless families of the duties of the local educational
agency liaisons.
``(C) Local and state coordination.--Local educational
agency liaisons for eligible children and youths shall, as a
part of their duties, coordinate and collaborate with State
coordinators and community and school personnel responsible
for the provision of education and related services to
eligible children and youths.
``(7) Review and revisions.--
``(A) In general.--Each State educational agency and local
educational agency that receives assistance under this
subtitle shall review and revise any policies that may act as
barriers to the enrollment of eligible children and youths in
schools that are selected under paragraph (3).
``(B) Consideration.--In reviewing and revising such
policies, consideration shall be given to issues concerning
transportation, immunization, residency, birth certificates,
school records and other documentation, and guardianship.
``(C) Special attention.--Special attention shall be given
to ensuring the enrollment and attendance of eligible
children and youths who are not currently attending school.
``SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE
EDUCATION OF ELIGIBLE CHILDREN AND YOUTHS.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e), and from amounts made
available to such agency under section 726, make subgrants to
local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of eligible
children and youths.
``(2) Services.--
``(A) In general.--Services under paragraph (1)--
``(i) may be provided through programs on school grounds or
at other facilities;
``(ii) shall, to the maximum extent practicable, be
provided through existing programs and mechanisms that
integrate eligible children and youths with noneligible
children and youths; and
``(iii) shall be designed to expand or improve services
provided as part of a school's regular academic program, but
not to replace such services provided under such program.
``(B) Services on school grounds.--If services under
paragraph (1) are provided on school grounds, schools--
``(i) may use funds under this subtitle to provide the same
services to other children and youths who are determined by
the local educational agency to be at risk of failing in, or
dropping out of, school, subject to the requirements of
clause (ii); and
``(ii) except as otherwise provided in section
722(e)(3)(B), shall not provide services in settings within a
school that segregate eligible children and youths from other
children and youths, except as necessary for short periods of
time--
``(I) for health and safety emergencies; or
``(II) to provide temporary, special, and supplementary
services to meet the unique needs of eligible children and
youths.
``(3) Requirement.--Services provided under this section
shall not replace the regular academic program and shall be
designed to expand upon or improve services provided as part
of the school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require. Such application shall include the following:
``(1) An assessment of the educational and related needs of
eligible children and youths in the area served by such
agency (which may be undertaken as part of needs assessments
for other disadvantaged groups).
``(2) A description of the services and programs for which
assistance is sought to address the needs identified in
paragraph (1).
``(3) An assurance that the local educational agency's
combined fiscal effort per student, or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
fiscal year preceding the fiscal year for which the
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second fiscal year preceding the fiscal year for which the
determination is made.
``(4) An assurance that the applicant complies with, or
will use requested funds to comply with, paragraphs (3)
through (7) of section 722(g).
``(5) A description of policies and procedures, consistent
with section 722(e)(3), that the agency will implement to
ensure that activities carried out by the agency will not
isolate or stigmatize eligible children and youths.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with the requirements of this subtitle and from
amounts made available to it under section 726, make
competitive subgrants to local educational agencies that
submit applications under subsection (b). Such subgrants
shall be awarded on the basis of the need of such agencies
for assistance under this subtitle and the quality of the
applications submitted.
``(2) Need.--In determining need under paragraph (1), the
State educational agency may consider the number of eligible
children and youths enrolled in preschool, elementary, and
secondary schools within the area served by the local
educational agency, and shall consider the needs of such
children and youths and the ability of the local educational
agency to meet such needs. The State educational agency may
also consider the following:
[[Page S10926]]
``(A) The extent to which the proposed use of funds will
facilitate the enrollment, retention, and educational success
of eligible children and youths.
``(B) The extent to which the application--
``(i) reflects coordination with other local and State
agencies that serve eligible children and youths; and
``(ii) describes how the applicant will meet the
requirements of section 722(g)(3).
``(C) The extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all eligible children and youths.
``(D) Such other criteria as the State agency determines
appropriate.
``(3) Quality.--In determining the quality of applications
under paragraph (1), the State educational agency shall
consider the following:
``(A) The applicant's needs assessment under subsection
(b)(1) and the likelihood that the program presented in the
application will meet such needs.
``(B) The types, intensity, and coordination of the
services to be provided under the program.
``(C) The involvement of parents or guardians of eligible
children or youths in the education of their children.
``(D) The extent to which eligible children and youths will
be integrated within the regular education program.
``(E) The quality of the applicant's evaluation plan for
the program.
``(F) The extent to which services provided under this
subtitle will be coordinated with other services available to
eligible children and youths and their families.
``(G) Such other measures as the State educational agency
considers indicative of a high-quality program, such as the
extent to which the local educational agency will provide
case management or related services to unaccompanied youths.
``(4) Duration of grants.--Grants awarded under this
section shall be for terms not to exceed 3 years.
``(d) Authorized Activities.--A local educational agency
may use funds awarded under this section for activities that
carry out the purpose of this subtitle, including the
following:
``(1) The provision of tutoring, supplemental instruction,
and enriched educational services that are linked to the
achievement of the same challenging State academic content
standards and challenging State student academic achievement
standards the State establishes for other children and
youths.
``(2) The provision of expedited evaluations of the
strengths and needs of eligible children and youths,
including needs and eligibility for programs and services
(such as educational programs for gifted and talented
students, children with disabilities, and students with
limited English proficiency, services provided under title I
of the Elementary and Secondary Education Act of 1965 or
similar State or local programs, programs in vocational and
technical education, and school nutrition programs).
``(3) Professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel
to the needs of eligible children and youths, the rights of
such children and youths under this subtitle, and the
specific educational needs of foster, runaway, and eligible
children and youths.
``(4) The provision of referral services to eligible
children and youths for medical, dental, mental, and other
health services.
``(5) The provision of assistance to defray the excess cost
of transportation for students under section 722(g)(4)(A),
not otherwise provided through Federal, State, or local
funding, where necessary to enable students to attend the
school selected under section 722(g)(3).
``(6) The provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for eligible children and
youths of preschool age.
``(7) The provision of services and assistance to attract,
engage, and retain eligible children and youths, and
unaccompanied youths, in public school programs and services
provided to noneligible children and youths.
``(8) The provision for eligible children and youths of
before- and after-school, mentoring, and summer programs in
which a teacher or other qualified individual provides
tutoring, homework assistance, and supervision of educational
activities.
``(9) If necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll eligible children and youths in school,
including birth certificates, immunization or medical
records, academic records, guardianship records, and
evaluations for special programs or services.
``(10) The provision of education and training to the
parents of eligible children and youths about the rights of,
and resources available to, such children and youths.
``(11) The development of coordination between schools and
agencies providing services to eligible children and youths,
as described in section 722(g)(5).
``(12) The provision of pupil services (including violence
prevention counseling) and referrals for such services.
``(13) Activities to address the particular needs of
eligible children and youths that may arise from domestic
violence.
``(14) The adaptation of space and purchase of supplies for
any nonschool facilities made available under subsection
(a)(2) to provide services under this subsection.
``(15) The provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations.
``(16) The provision of other extraordinary or emergency
assistance needed to enable eligible children and youths to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of State Plans.--In reviewing the State plan
submitted by a State educational agency under section 722(g),
the Secretary shall use a peer review process and shall
evaluate whether State laws, policies, and practices
described in such plan adequately address the problems of
eligible children and youths relating to access to education
and placement as described in such plan.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to a State educational
agency to assist such agency in carrying out its
responsibilities under this subtitle, if requested by the
State educational agency.
``(c) Notice.--The Secretary shall, before the next school
year that begins after the date of enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001,
create and disseminate nationwide a public notice of the
educational rights of eligible children and youths and
disseminate such notice to other Federal agencies, programs,
and grantees, including Head Start grantees, Health Care for
the Homeless grantees, Emergency Food and Shelter grantees,
and homeless assistance programs administered by the
Department of Housing and Urban Development.
``(d) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of eligible children
and youths who are elementary and secondary school students,
and may use funds appropriated under section 726 to conduct
such activities.
``(e) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(f) Determination by Secretary.--The Secretary, based on
the information received from the States and information
gathered by the Secretary under subsection (h), shall
determine the extent to which State educational agencies are
ensuring that each eligible child or youth has access to a
free appropriate public education, as described in section
721(1).
``(g) Guidelines.--The Secretary shall develop, issue, and
publish in the Federal Register, not later than 60 days after
the date of enactment of the McKinney-Vento Homeless
Education Assistance Improvements Act of 2001, school
enrollment guidelines for States with respect to eligible
children and youths. The guidelines shall describe--
``(1) successful ways in which a State may assist local
educational agencies to immediately enroll eligible children
and youths in school; and
``(2) how a State can review the State's requirements
regarding immunization and medical or school records and make
such revisions to the requirements as are appropriate and
necessary in order to enroll eligible children and youths in
school immediately.
``(h) Information.--
``(1) In general.--From funds appropriated under section
726, the Secretary shall, directly or through grants,
contracts, or cooperative agreements, periodically collect
and disseminate data and information regarding--
``(A) the number and location of eligible children and
youths;
``(B) the education and related services such children and
youths receive;
``(C) the extent to which the needs of eligible children
and youths are being met; and
``(D) such other data and information as the Secretary
determines to be necessary and relevant to carry out this
subtitle.
``(2) Coordination.--The Secretary shall coordinate such
collection and dissemination with other agencies and entities
that receive assistance and administer programs under this
subtitle.
``(i) Report.--Not later than 4 years after the date of
enactment of the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, the Secretary shall prepare and
submit to the President and the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the status of education of eligible
children and youths, which shall include information on--
``(1) the education of eligible children and youths; and
``(2) the actions of the Secretary and the effectiveness of
the programs supported under this subtitle.
``SEC. 725. DEFINITIONS.
``For purposes of this subtitle:
``(1) The term `eligible children and youths' includes--
``(A) individuals who lack a fixed, regular, and adequate
nighttime residence (within the meaning of section
103(a)(1));
[[Page S10927]]
``(B)(i) children and youths who--
``(I) are sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason;
``(II) are living in motels, hotels, trailer parks, or
camping grounds due to the lack of alternative adequate
accommodations;
``(III) are living in emergency or transitional shelters;
``(IV) are abandoned in hospitals; or
``(V) are awaiting foster care placement;
``(ii) children and youths who have a primary nighttime
residence that is a public or private place not designed for
or ordinarily used as a regular sleeping accommodation for
human beings (within the meaning of section 103(a)(2)(C));
``(iii) children and youths who are living in cars, parks,
public spaces, abandoned buildings, substandard housing, bus
or train stations, or similar settings; and
``(iv) migratory children (as such term is defined in
section 1309 of the Elementary and Secondary Education Act of
1965) who are considered eligible for the purposes of this
subtitle because the children are living in circumstances
described in clauses (i) through (iii); and
``(C) children and youths in out-of-home care under the
jurisdiction of the responsible public child welfare agency,
including foster care, kinship care, care in a group home,
and care in a child care institution.
``(2) The terms `enroll' and `enrollment' include attending
classes and participating fully in school activities.
``(3) The terms `local educational agency' and `State
educational agency' have the meanings given such terms in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(4) The term `parent or guardian', used with respect to a
child or youth in out-of- home care, means--
``(A) the person who is the birth or adoptive parent or
legal guardian of the child or youth, unless--
``(i) such person's right to make educational decisions for
the child or youth has been terminated or suspended by a
court; or
``(ii) the person cannot be identified or located after
reasonable efforts, is not available with reasonable
promptness to assist in enrollment or placement decisions, or
is not acting in the best educational interests of the child
in enrollment or placement decisions; or
``(B) in a situation described in clause (i) or (ii) of
subparagraph (A), a person appointed by a court to make
educational decisions for the child or youth under this Act,
after considering (in the case of a child or youth who is
eligible for services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.)) whether the person
considered to be the parent of the child or youth for
purposes of that Act should serve as the person to make those
educational decisions.
``(5) The term `Secretary' means the Secretary of
Education.
``(6) The term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(7) The term `unaccompanied youth' includes a youth not
in the physical custody of a parent or guardian.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $150,000,000 for fiscal year
2008 and such sums as may be necessary for each of the 4
succeeding years .''.
SEC. 511. GRADUATION RATES.
(a) Disaggregation of Graduation Rates and Elementary
School Indicator in Determining Adequate Yearly Progress.--
Subparagraph (D) of section 1111(b)(2) of such Act is
amended--
(1) by striking ``and'' at the end of clause (i);
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
``(ii) shall determine adequate yearly progress using
graduation rates of public secondary school students
(measured separately for each group described in subparagraph
(C)(v)); and''.
(b) Goals for Increasing Graduation Rates for Groups of
Students.--
(1) In general.--Subparagraph (G) of section 1111(b)(2) of
such Act is amended--
(A) by striking ``and'' at the end of clause (iv);
(B) by striking the period at the end of clause (v) and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) shall ensure each group of students described in
subparagraph (C)(v) meets--
the graduation rate for public secondary school students.
(2) Safe harbor.--Clause (i) of section 1111(b)(2)(I) of
such Act is amended to read as follows:
``(i) each group of students described in subparagraph
(C)(v) must meet or exceed the objectives set by the State
under subparagraph (G), except that if any group described in
subparagraph (C)(v) does not meet those objectives in any
particular year, the school shall be considered to have made
adequate yearly progress if--
``(I) except in the case of the objectives described in
subparagraph (G)(vi), the percentage of students in that
group who did not meet or exceed the proficient level of
academic achievement on the State assessments under paragraph
(3) for that year decreased by 10 percent of that percentage
from the preceding school year and that group made progress
on one or more of the academic indicators described in
subparagraph (C)(vi) or (vii); and
``(II) in the case of the objectives described in
subparagraph (G)(vi)--
``(aa) the school meets the objectives described in
subparagraph (G)(vi), or for any school year prior to the
school year which is at the end of the timeline described in
subparagraph (F), meets the intermediate goals for such
objectives described in subparagraph (H); or
``(bb) there is less than a 5 percentage point difference
between the group described in subparagraph (C)(v) having the
highest rate and the group so described having the lowest
rate (except that students with disabilities who are not
assessed against grade level content standards shall not be
taken into account in determining adequate yearly progress
for public secondary school students and public elementary
school students); and''.
(c) Graduation Rates Determined Using 4-Year Adjusted
Cohort Rate.--Subparagraph (C) of section 1111(b)(2) of such
Act is amended--
(1) by striking ``(defined as the percentage of students
who graduate from secondary school with a regular diploma in
the standard number of years)'' in clause (vi); and
(2) by adding at the end the following new flush sentence:
``Graduation rates under clause (vi) shall be determined
using a 4-year adjusted cohort rate, which compares the
number of students enrolling in the 9th grade to the number
of students who graduate from the 12th grade 4 years later,
controlling for students transferring to other schools and
allowing for children with disabilities and limited-English
proficient children to have additional time to graduate. The
period of additional time described in the preceding sentence
shall be defined in regulation by the Secretary. A similar 3-
year such cohort rate shall be used for secondary schools
with only 3 grades.''.
SEC. 512. DISTRICT WIDE HIGH SCHOOLS REFORM.
(a) In General.--Paragraph (1) of section 1112(b) of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by striking ``and'' at the end of subparagraph (P);
(2) by striking the period at the end of subparagraph (Q)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(R) a description of the districtwide school improvement
plan (meeting the requirements of paragraph (3)(B)) that the
local educational agency will implement if such agency is
required by paragraph (3)(A) to implement such a plan as of
the beginning of any year.''.
(b) Requirements.--Subsection (b) of section 1112 of such
Act is amended by adding at the end the following new
paragraph:
``(3) Districtwide school improvement plans.--
``(A) In general.--A local educational agency shall
implement its districtwide school improvement plan as of the
beginning of any year if--
``(i)(I) at least 50 percent of the students served by such
agency are enrolled in secondary schools which did not make
adequate yearly progress (as set out in the State's plan
under section 1111(b)(2)) for the preceding year; or
``(II) at least 50 percent of the secondary schools served
by such agency did not make such progress for such preceding
year; and
``(ii) attendance rates at the secondary schools served by
such agency that did not make such progress for such
preceding year, and the attendance rates of 8th grade
students (or the highest grade before entering secondary
school) who would otherwise enter such schools for such
preceding year, are in the bottom quartile compared to all
schools served by such agency.
``(B) Districtwide plan requirements.--A districtwide
school improvement program meets the requirements of this
subparagraph if--
``(i) the plan requires the local educational agency, in
determining the interventions necessary to improve
achievement at secondary schools served by the agency, to
consider--
``(I) the status of schools in making adequate yearly
progress (as set out in the State's plan under section
1111(b)(2));
``(II) graduation rates (within the meaning of section
1111(b)(2)(C)(vi)) for each group described in section
1111(b)(2)(C)(v);
``(III) assessment results and attendance rates for the
highest grade at elementary schools whose students attend
such agency's secondary schools; and
``(IV) the level of credit accumulation by students as of
the end of the lowest grade in secondary school; and
``(ii) such plan requires the local educational agency--
``(I) to focus on the secondary schools which resulted in
meeting the requirement of subparagraph (A)(i) in order to
reduce the number of students at those schools who do not
meet a proficient level of academic performance;
``(II) to do a resource allocation analysis of the needs of
the secondary schools served by such agency with respect to
staffing, professional development, instruction, and student
attendance and behavior;
``(III) to develop a research-based plan which meets the
requirements of subparagraph (C) to address--
``(aa) the instructional, curriculum, and capacity needs of
the local educational agency's ability to assist secondary
schools in increasing achievement; and
[[Page S10928]]
``(bb) the instructional needs of its schools;
``(IV) increase attendance and earned, on-time grade
promotion; and
``(V) take steps designed to ensure students graduate from
secondary school ready for college and the workplace.
``(C) Plan to meet instructional needs.--A plan meets the
requirements of this subparagraph if the plan requires the
local educational agency to consider--
``(i) ensuring alignment between the curriculum used by the
school district and State standards;
``(ii) the use of formative assessments;
``(iii) the use of data to improve instruction;
``(iv) the incorporation of staff-focused professional
development;
``(v) the hiring, placement, and distribution of highly
effective principals;
``(vi) the hiring and distribution of highly effective
teachers; and
``(vii) the use of an extended school day and school year.
``(D) Peer review before state approval.--The State
educational agency may approve a local educational agency's
plan under this section only after--
``(i) considering the results of a peer review of the
districtwide school improvement plan referred to in paragraph
(1)(R); and
``(ii) consulting with State officials responsible for
juvenile justice and alternative education placements.
The State educational agency shall provide technical
assistance to local educational agencies in the development
of such districtwide school improvement plans.''.
____
All Students Can Achieve Act
(Senators Lieberman-Landrieu-Coleman)
This legislation strives to improve the quality and
equality of our education system. A good education is the
best way to help every child realize their American dream. No
Child Left Behind must adhere to the basic principle that
each child can learn, and that all children, no matter where
they live in the country, are entitled to an education that
prepares them to succeed in life.
1. Moving to student achievement growth and effective
teachers
Teachers are the most important factor in school and
student achievement. This section requires states to measure
teacher and principal effectiveness. An effective teacher is
one that can demonstrate learning in the classroom. Funds are
provided for states to assess effectiveness primarily through
objective measures of student growth and achievement
(``growth models''), while allowing secondary consideration
of other factors including peer and principal evaluations.
This legislation requires and funds the development of data
systems to track individual student performance over time and
to link that performance to teachers, programs and services.
States with adequate data systems and plans for measuring
effectiveness may use growth models for determining Adequate
Yearly Progress (AYP). Schools that demonstrate teacher
effectiveness will have greater flexibilities to opt out of
the Highly Qualified Teacher requirements. States can also
gain flexibilities in their use of federal funds as long as
those funds principally still target students with the
highest needs.
Components:
Require and fund the development of state longitudinal data
systems, with common data elements, to track student growth
over time and to link student development to key items
including teachers, programs and supplemental services. A
portion of the funding is available for consortia of states
to develop infrastructure and systems for multi-state use.
States will need to complete data systems within four
years. If states already have data systems meeting the
necessary criteria or complete their systems in less than
four years, their funds may be used for the development,
enhancement and/or implementation of teacher and principal
effectiveness and growth model programs. Up to one-third of
the funds appropriated for data systems may go to regional
state consortia.
Provide funds for states to implement teacher and principal
effectiveness evaluations primarily through objective
measures of student learning growth. Teachers not rated as
effective will receive professional development. After five
years of continuously being rated as ineffective, these
teachers would no longer be permitted to teach in Title I
schools.
States with a plan to measure teacher effectiveness may
adopt a growth model for accountability. Students will need
to be on a trajectory toward proficiency in reading/language
arts and math by 2014 and science by 2020. The growth model
goals must be based on grade-level proficiency, with a
limited exception for students with severe cognitive
disabilities. States currently in the growth model pilot may
continue in that pilot.
Provide flexibility for schools and districts that actually
demonstrate effectiveness by allowing them to opt out of the
Highly Qualified Teacher (HQT) provisions. These schools and
districts would also be able to benefit from greater
flexibility in their use of federal funds, as long as those
funds still target students with the highest needs and their
states adopt or maintain rigorous standards and assessments.
States may apply to be permitted to increase from 50 percent
to 100 percent the amount that may be transferred from other
Titles into Title I where they are making AYP and states have
a successfully peer-reviewed teacher and principal
effectiveness program.
Provides grant funds for innovative programs to evaluate
professional development activities and to reform teacher
compensation, assignment, and tenure policies. These reforms
may include better pay to better teachers and incentives for
the best teachers to teach in high need schools.
2. Closing the achievement gap
This section takes steps to tackle the continuing
achievement gap in the country. It addresses the situation
where many students do not get a good education simply
because of where they live. It promotes the notion that
education anywhere should prepare you for life everywhere.
Among other things, this section requires the equitable
distribution of non-Federal funds within school districts;
provides incentives for school professionals through teamwork
in the poorest schools to make the greatest improvements in
student performance; provides funds for out-of-district
transfers to public schools for students without viable
alternatives; provide equitable funding and flexibility under
the Charter School Program; and disaggregates graduation rate
data requiring the gap in graduation rates to be closed.
Components:
Require that Title I and non-Title I schools have an
equitable distribution of non-Federal funds. States will
perform a needs assessment to identify disproportionate
funding.
Provide a school-based rewards system that recognizes the
teamwork of teachers, administrators, counselors, librarians
and media specialists, and other staff necessary to improve
schools. Schools in the bottom third of income of Title I
schools in the state that show exemplary growth in student
performance will be eligible. Funding may be used for non-
recurring bonuses for teachers, administrators and staff;
professional development for teachers, administrators and
staff; the addition of temporary personnel to continue school
improvement; and reduced teaching schedules to permit limited
numbers of teachers to act as mentors at their school and/
or at other Title I schools.
Grants for students in schools missing AYP for two or more
consecutive years with no available alternative public school
options, due to all the other schools failing to make AYP
within the school district or a lack of room in other
schools, to transfer to a public school outside of their
district with the federal funds following the student.
Students will need to be from low income families. Receiving
schools will be public schools within another nearby district
agreeing to accept students. Under this pilot program, the
receiving district will receive funding, up to $4000, for
tuition, fees and transportation; safe harbor against missing
AYP due to recent transfers (transferred students may be
excluded from AYP calculation for their first year); and
provided funds, up to $1000 per student, for mentoring new
students and for parental involvement programs.
Require independent audits of space availability for in-
district transfers for school districts containing schools in
need of improvement.
Disaggregate graduation rate data and work to close the
achievement gap where subgroups are significantly falling
behind.
Incorporate evidence-based intervention (also known as
response to intervention) models to increase the opportunity
for all students to meet challenging academic achievement
standards through early identification.
Elementary schools identified for school improvement shall
administer developmental screens and assessments to incoming
preschool and kindergarten. These screens and assessments
will be used to plan for and improve instruction and needed
services.
Include principles of universal design for learning to
reduce barriers, provide appropriate supports and challenges,
and maintain high achievement standards for all students,
including those with disabilities and English language
learners.
Enhance the Charter Schools Program to permit schools under
restructuring to close and reopen themselves as charters even
if the addition of such schools would exceed the State's
limit on the number of charter schools that may operate in
the State, city, county, or region. Preference is given under
the program to states that fund charter schools commensurate
with their funding of other public schools.
3. Setting and achieving high American standards
This section addresses the need to promote rigorous
standards and assessments of student learning to ensure that
students succeed in life. Nothing in this section would
interfere with local flexibility in how to teach. The
National Assessment Governing Board, with local, state and
national representatives, is expanded with more business
leaders and teachers. They will develop world-class voluntary
American learning standards and assessments in reading, math
and science while ensuring that the standards and assessments
are aligned with life, college and workplace readiness
skills.
States may choose to adopt these standards and assessments.
In return, they will receive the assessments, including
alternative assessments designed specifically for students
with disabilities and English language learners, and the
infrastructure for administering them. This will free these
states to concentrate their education resources in other
critical need areas. States may also
[[Page S10929]]
build their own assessments based upon the American learning
standards or keep their existing rigorous standards and
tests. State standards and tests, however, will be compared
to the rigorous voluntary American standards.
State leaders from higher education, schools, businesses
and government will work, through P-16 Commissions, to align
standards, assessments and curriculum from preschool through
college to ensure that high school and college graduates have
up-to-date skills needed to succeed in life.
Components:
Directs the National Assessment Governing Board, where more
business leaders, teachers and other representatives are
added, to develop world-class voluntary American learning
standards and assessments in reading, math and science in
grades 3-12. Alternate assessments will be developed for
students with disabilities and English language learners.
States may adopt the American standards and tests, build
their tests to the American standards, join standards and
assessments from regional consortia, or keep their current
systems. The Secretary of Education will report to the
Congress and public annually on the variance between the
rigor of state assessments and the Commission's assessment.
Require states to ensure that they have the standards,
assessments and curriculum aligned to meet life, college and
workplace needs, including critical thinking and problem
solving skills, from preschool to college, through P-16
Commissions. These Commissions, headed by the Governor or the
Governor's designee, will also address ways that economically
disadvantaged students, students from each major racial and
ethnic group, students with disabilities, and English
language learners will increase their success in
postsecondary education.
4. Improvements to accountability
This section distinguishes those schools needing intensive
interventions, i.e. schools with a majority of students
missing AYP, from schools missing AYP for less than half the
student population. This division permits more resources to
be directed to those schools with pervasive problems while
other schools concentrate on improving learning for specific
subgroups or within particular areas of need. This change
also alleviates a common criticism that a single subgroup,
especially students with disabilities, will single-handedly
move a school into restructuring.
The vague restructuring option that permitted ``any other
major restructuring of the school's governance'' is
eliminated while a limit is provided on the percentage of
schools required to implement comprehensive restructuring
within a single school district in a given year. This
legislation addresses modified and alternative achievement
standards and related assessments for students with
disabilities and provides more time in AYP calculations
for students exiting the English language learner
subgroup. Schools and districts will be held more
accountable for students with disabilities and English
language learners by placing upper limits on the minimum
number of students that need to make up a subgroup. It
also limits the practice of using very wide statistical
error ranges when determining success.
Funding school improvements continues to be a critical
need. This legislation increases the authorization for the
School Improvement Grants program and distributes new funds
to states according to the number of schools they have under
improvement. This distribution provides incentives for a more
accurate portrayal of schools not meeting Adequate Yearly
Progress as states with more schools under improvement will
receive a larger share of funds.
Components:
Schools with a majority of their students missing AYP will
follow an intensive program of attention. Supplemental
Education Services (SES) will be available in the second year
under improvement, one year earlier than under the present
law. Schools in the final year of restructuring, limited to
no more than 10 percent of schools, as determined by the
state, within a given district in a single year, will have
similar options to those existing now except that the option
for ``any other major restructuring of the school's
governance'' is eliminated.
Schools missing AYP due to one or more subgroups, but less
than 50 percent of the student population, will go through a
targeted attention program to address the problem areas. This
program will include identification of specific actions to
address the subgroups in need. SES and school transfers are
still offered as options for economically disadvantaged
students failing to make AYP.
AYP calculations by states will have limits on student
thresholds, N-size no greater than 20-30, and statistical
confidence intervals, no greater than 95 percent confidence.
States may develop modified academic achievement standards
and use alternate assessments based on those modified grade-
level achievement standards for students with persistent
academic disabilities for up to 1 percent of students tested
(down from current regulations of 2 percent). School
districts showing strong evidence of a significantly larger
percentage of students than the national average with
disabilities within the district or an individual school,
perhaps due to a facility focusing on students with
disabilities, may apply to the state to use a higher
percentage. States may also use alternate assessments based
on alternate achievement standards for students with the most
significant cognitive disabilities for up to 1 percent of
students tested.
Expand, from two to three years, the amount of time English
language learners may be included in AYP calculations after
they become proficient and exit the subgroup.
Substantially increase funding for the School Improvement
Grants program while linking the federal distribution of
additional funds to the number of schools under improvement.
This provides incentives for a more accurate portrayal of
schools not meeting Adequate Yearly Progress as states
with more schools under improvement will receive a larger
share.
5. Enhancing learning
There are various other ways to support enhancements to
student learning and achievement including making it easier
to access SES services and providing ways to better inform
and involve parents. Innovative approaches to education and
successful innovations by charters need to be provided for
use in schools. States and districts successful at meeting
AYP and at measuring teacher effectiveness should have
greater flexibility in transferring funds to the most
critical areas they have within No Child Left Behind.
Components:
Districts that permit other non-school-affiliated entities
to use school facilities will need to offer, with
limitations, space in schools for private providers of SES
services.
Permit multi-district cooperatives for administering SES
programs and services.
Authorize grants for an Adjunct Teacher Corps program to
bring math, science and critical foreign language
professionals into public secondary schools to work with
teachers and students. These adjunct teachers will provide
expertise and assistance to teachers during their first year
and in subsequent years will be held accountable under the
teacher effectiveness requirements.
Given its importance to American competitiveness, science
assessments already required under No Child Left Behind will
be added to the accountability system with all students to be
proficient by the 2019-2020 school year. Successful models of
math and science partnerships expanded and replicated.
Support increased peer-reviewed research and development on
innovative approaches to education and ways to improve
learning to allow states, districts, schools and students to
better meet the goals of No Child Left Behind.
Strengthen parental involvement in and notification by
schools including having states designate an office or
position responsible for overseeing implementation of parent
involvement provisions. Parent Information and Resource
Centers will be integrated into increased parental
involvement plans.
Amend the McKinney-Vento provisions to protect children in
transition, including both children who lack a fixed,
regular, and adequate nighttime residence, and children who
are in out of home care in the custody of the public child
welfare agency.
Ms. LANDRIEU. Mr. President, today I rise to discuss the All Students
Can Achieve Act that I am introducing today with Senators Lieberman and
Coleman.
I was proud to have been a part of developing the No Child Left
Behind legislation 5 years ago, which made strides in holding schools
accountable and drawing attention to the students who had fallen
between the cracks. Senators Lieberman, Coleman, and I have come
together to build upon the successes of No Child Left Behind, to
improve it, and to help our Nation's schools take the next step to help
all of our students to achieve and to succeed. Louisiana has made great
progress in its standards and accountability, now ranking number one in
the Nation. However, of the more than 650,000 students in Louisiana,
many are not meeting academic achievement goals. We need to help all of
our students meet and exceed achievement expectations.
The All Students Can Achieve Act focuses on the achievements of all
students. Recognizing that quality data systems are crucial to
measuring the progress of student achievement, we have included a
requirement to establish data systems and provided funding
authorizations and incentives to support the development of such
systems. In order to ensure that all students are achieving, states
must create comprehensive data systems that track students' academic
progress and other factors that affect their success.
One of the most important factors in school and student achievement
is teachers. The quality of teachers should be determined by their
effect on students' learning, not just their qualifications. All
students should have effective teachers. Thus, these data systems must
link student achievement data to teachers, allowing states to
[[Page S10930]]
measure teacher effectiveness. In addition, this bill requires the
equitable distribution of effective teachers and non-federal funding.
States should be held accountable for student achievement. However,
students do not progress at the same pace. Louisiana has recognized
this and has incorporated growth labels in its accountability system.
Louisiana looks at the level of growth achieved by a school and each
school's success in meeting its growth targets. The All Students Can
Achieve Act allows states to use growth models in calculating adequate
yearly progress. It allows states the flexibility to measure student
academic growth, rather than strictly looking at test scores.
We must have high expectations for all students. To ensure that all
elementary though secondary school students, regardless of where they
live, are prepared for success in college or the workplace, states must
set high expectations for all students. Academic standards must be
designed to prepare students to succeed and assessments must be
effective tools to measure students' progress toward meeting these
standards. In addition, we need to continue to properly measure the
achievement of all students. Thus, this bill will close current
loopholes in the law that allow states to avoid counting students or
skew achievement data.
The All Students Can Achieve Act aims to close the achievement gap.
States need to focus resources on closing the achievement gap. This
includes directing their attention to comprehensive interventions where
more than 50% of students are not making Adequate Yearly Progress (AYP)
or focused interventions where less than 50% of students are not making
AYP. The All Students Can Achieve Act increases the amount of funding
authorized for these interventions and focuses support where the need
is greatest.
Another important measure of academic achievement is high school
graduation rates, which should be tracked and reported for all groups
of students. High school graduation rates are an important measure of
academic achievement, but they must be calculated consistently and
accurately. Like other assessments, these rates should be tracked and
reported for all groups of students. Nearly 1.2 million students did
not graduate from American high schools in 2006; the lost lifetime
earnings in America for that class of dropouts alone totals more than
$309 billion.
The All Students Can Achieve Act also increases focus on and support
for high need students. For example, we have also included foster
children and youth. There are over 800,000 foster children and youth.
They face many of the same challenges as homeless children and youth.
They go through numerous changes in where they live and go to school.
They lack stability and permanency. Thus, we have added them to the
McKinney-Vento Act, in order to ensure that they do not fall through
the cracks. We hope that by giving them access to the services and
protections of McKinney-Vento, their schools will become a safe and
permanent place in their lives.
Public education is important to Senators Lieberman, Coleman, and me.
We want our Nation's children to be prepared to compete and succeed
once they graduate. We need to improve our schools and hold them
accountable for the achievement of all students. Though there has been
much discussion about No Child Left Behind Act, there has been little
action toward the reauthorization of this law. We have heard from our
constituents about the parts of NCLB that work and the parts that do
not work for our students at home. Through a nationwide public process,
the Aspen Institute has generated concrete, actionable recommendations
that will improve schools for the Nation's children. We wanted to take
this opportunity to help begin the process of improving this law. We
have come together to take a bipartisan approach to improving the
education of all students. We have pulled together the proposals that
we think will best serve our students and improve public education in
America. We want people to actively discuss our proposal. We hope that
people will support what we have done or build upon it.
Mr. COLEMAN. Mr. President, today I rise with my colleagues Senators
Joe Lieberman and Mary Landrieu to introduce the All Students Can
Achieve Act of 2007, ASCA, legislation aimed at improving the current
No Child Left Behind law.
As a parent and a legislator, improving our Nation's education system
has been a top priority for me. Several years ago, we passed the No
Child Left Behind Act to bring accountability to our Nation's learning
system. While this bill was a step in the right direction, Minnesota's
educators have voiced their concerns over an overly restrictive system
that still leaves students behind. The All Students Can Achieve Act
will change that by giving flexibility to each State and school without
diminishing school accountability.
One of the best features of our legislation is that it will allow
States to measure individual student growth over time instead of
relying on, and teaching for, one test administered on one day.
Measuring a student's growth over time benefits both students and
teachers because it recognizes that students have different starting
points and acknowledges their individual progress. This approach will
free teachers from the burden of teaching for one high-stakes test,
while still giving parents the assurances they need that their children
are learning in a high quality atmosphere. Minnesota has been trying
for some time to move to this ``growth model'' of evaluation and our
bill provides the funding to develop and implement the data systems our
State would need to move to such a model.
Our bill also addresses something I have been particularly focused
on--ensuring that the next generation has the math, science and foreign
language skills needed to be competitive in an increasingly globalized
economy. As countries like China or India develop increasingly skilled
workforces, we must ensure that American students do not fall behind in
these critical and highly relevant fields. Our legislation adds a
science assessment to the accountability system and gives States the
option to bring in qualified science, math, and foreign language
practitioners to assist teachers and students.
Another concern I hear in Minnesota is that a school can be, in
effect, penalized because a group of new immigrants does not test as
well as long-time students. The All Students Can Achieve Act will
replace the current all-or-nothing approach with a system that makes a
distinction between schools that need comprehensive interventions,
versus those that need more focused help. In other words, while current
law groups all low performing schools together regardless of how many
students miss adequate yearly progress, our legislation offers a more
targeted approach, sending additional resources toward schools with
pervasive problems, while allowing schools that just have one or more
low performing subgroups to focus on closing the achievement gap with
that particular group.
A final aspect of our legislation is that it would change the way
teachers are evaluated. Currently under No Child Left Behind, good
teachers have to jump through a number of bureaucratic hoops to
demonstrate on paper that they are ``qualified'' experts in the
subjects they teach. I understand this has been a serious burden
particularly in rural communities, where very good teachers provide
instruction in more than one subject. I also know as a parent, that a
teacher's resume may or may not reflect their actual abilities in the
classroom. That is why our legislation provides States with new
flexibility in the ways they rate and reward excellent teachers.
At its core, No Child Left Behind is about closing the achievement
gap. We still have a long way to go, recent data shows that still only
13 percent of African American and 19 percent of Hispanic 4th graders
scored at or above the proficient level on the National Assessment of
Educational Progress mathematics test, compared to 47 percent of their
white peers. By measuring teacher effectiveness, school quality, and
student learning, our legislation will help reduce this unacceptable
disparity in America today.
Our bipartisan legislation is based on recommendations from a panel
of experts, and has been endorsed by some leading educators. However,
we know it is just the beginning of a conversation
[[Page S10931]]
about how and where to add flexibility to the No Child Left Behind law.
As we move forward, I welcome the advice of teachers, parents, and
administrators on how best to help all students achieve.
______
By Mr. HATCH (for himself, Mr. Salazar, Mr. Smith, and Mr.
Kerry):
S. 2002. A bill to amend the Internal Revenue Code of 1986 to
simplify certain provisions applicable to real estate investment
trusts, and for other purposes; to the Committee on Finance.
Mr. Hatch: Mr. President, I rise today to introduce the REIT
Investment Diversification and Empowerment Act of 2007, legislation
which would make several important revisions to the current tax law
governing real estate investment trusts, or REITs. I am particularly
pleased to be joined by my good friend, the distinguished senator from
Colorado, Senator Salazar, in sponsoring this bipartisan legislation. I
am also very happy that Senators Smith and Kerry are joining us as
original cosponsors.
The development of real estate investment trusts is among the true
success stories of American business. Moreover, REIT legislation
enacted over the past 47 years presents a remarkable example of how
Congress can create the legal framework to liberate entrepreneurs,
small investors, and hard working men and women across the country to
do what they do best--create wealth and, more importantly, build
thriving communities.
When REITs were first created in 1960, small investors had almost no
role in commercial real estate ventures. At that time, private
partnerships and other groups closed to ordinary investors directed
real estate investments, typically using debt, not equity, to finance
their ventures. That model not only served small investors poorly, it
resulted in the misallocation of capital, and contributed to
significant market volatility.
Since that time, REITs have permitted small investors to participate
in one of our country's greatest generators of wealth, income producing
real estate, and REITs have greatly improved real estate markets by
promoting transparency, liquidity, and stability. The growth in REITs
has been particularly dramatic and beneficial in the past 15 years, as
capital markets responded to a series of changes in the tax rules that
modernized the original 1960 REIT legislation to adjust it to new
realities of the marketplace.
I am proud of my role in sponsoring legislation that included many of
these changes that modernized the REIT rules, and I remain committed to
making every effort to ensure that the people of Utah and across our
Nation continue to benefit from a dynamic and innovative REIT sector.
I have seen first hand what REITs have done for communities across my
State. It is very much in Utah's interests, and in our country's
interests, to make sure that REITs continue to work effectively and
efficiently to carry out the mission which Congress intended.
As my colleagues know, Utah is known as the ``Beehive State'', a
testament to the hard work and industriousness of its residents. REITs
have proven again and again to be a particularly effective means
through which Utahns can utilize those attributes, and aggregate needed
capital, to create the thriving real estate sector which is essential
to our State's economic well being.
Towards that end, I am pleased to report that REITs now account for
well over a $1 billion of property in Utah alone, and afford an
opportunity for many investors in my State to have an ownership stake
in those properties in their communities. This is not an aberration. I
believe that my colleagues will find a similarly impressive amount of
REIT investment in their home States as well.
I am also pleased to report, that, in an era when companies must
compete successfully on a global scale, our Nation's REITs have grown
to be leaders in international real estate markets, and our REIT laws
are proving to be a model for other countries around the globe. In
fact, much of the bill I am introducing today is necessitated by the
growing international presence of our domestic REITs. The international
expansion of real estate investment trusts is something that could not
have been contemplated when the first REIT laws were enacted decades
ago.
The bill we are introducing today is based on S. 4030, which I
introduced toward the end of the 109 Congress, and is very similar to
H.R. 1147, which was introduced in the House this year. I note that
H.R. 1147 enjoys the bipartisan sponsorship of more than two-thirds of
the House Ways and Means Committee, and I hope that more of my
colleagues on the Finance Committee will join us in supporting this
bill.
Further, I am grateful that the distinguished Chairman of the Finance
Committee stated at our recent markup of the Senate energy tax package
that he was aware of my efforts to pass REIT reform legislation this
year, and that he and his staff ``will continue to work with Senator
Grassley and you, Senator Hatch, to find a tax bill later this year in
which to include this proposal.''
I urge my colleagues to review this bill and lend their support to
it. In a small but important way, it will help Americans to better
invest for their savings and retirement. I hope we can move this
straightforward, bipartisan legislation through as quickly as possible.
I ask unanimous consent that a section-by-section description of the
REIT Investment Diversification and Empowerment Act be included in the
Record.
There being no objection, the material was ordered to be placed in
the Record, as follows:
REIT Investment Diversification and Empowerment Act of 2007
Section-by-Section Description
The REIT Investment Diversification and Empowerment Act of
2007 (RIDEA) includes the following provisions to help
modernize the tax rules governing Real Estate Investment
Trusts to permit REITs to better meet the challenges of
evolving market conditions and opportunities:
Title I: Foreign currency and other qualified activities
Title I addresses one specific issue and also equips the
IRS to handle similar interpretative matters in the future
without the need of legislation.
As globalization has accelerated in the past decade, REITs,
as with other businesses, have followed their customers
abroad and have accessed new opportunities in Canada, Mexico,
Europe and Asia. The issue that Title I resolves is how
foreign currency gains a REIT earns should be treated under
the REIT income and asset tests. For example, if a REIT buys
a shopping center in England for a million pounds, operates
it for ten years and then sells it for a million pounds, that
sale produces no gain (assuming that capital expenditures
equal the tax depreciation accruing during that period). If
during that 10-year period the U.S. dollar has declined
compared to the English pound, U.S. tax law says that the
appreciation of the pounds when they are converted back to
dollars is a separate gain. Until recently, it wasn't clear
how that currency gain should be treated under the REIT tax
tests.
In May, 2007, the IRS released Revenue Ruling 2007-33 and
Notice 2007-42 to clarify that in the overwhelming majority
of cases a REIT's foreign currency gains earned while
operating its real estate business qualify as ``good income''
under the REIT rules. Title I essentially reaches the same
result on a more direct basis and also provides some
conforming changes in other parts of the REIT rules.
Although the recent guidance was welcome, it took the IRS
about four years to issue it because of questions about the
extent of the government's regulatory authority in the area.
To prevent similar delays in the future, Title I clearly
provides the Secretary of the Treasury with the authority to
determine what items of income can be treated either as
``good income'' or disregarded for purposes of the REIT
income tests. Under this authority, it is expected that, for
example, the IRS would conclude that dividend-like items such
as Subpart F deemed dividends and PFIC income would be
treated in the same manner as dividends for purposes of the
95 percent gross income test. Further, the IRS could convert
many of its rulings it issued to individual taxpayers into
public guidance, which could be a more efficient use of its
resources.
Title II: Taxable REIT subsidiaries
In 1999, Congress materially changed the REIT rules to
allow a REIT to own up to 20 percent of its assets in
securities of one or more taxable REIT subsidiaries. The
premise is straight-forward: a REIT should be able to engage
in activities outside of the scope of renting and financing
real estate as permitted by the REIT rules with a single
level of tax, but only if the subsidiary is subject to a
separate level of tax.
These ``TRS'' rules have worked quite well. REITs have been
able to use their real estate expertise in a number of ways
not available under the REIT rules so long as they subjected
their profits from these activities to a
[[Page S10932]]
corporate level of tax, as well as the shareholder level of
tax once those profits are distributed to the REIT and its
shareholders. Further, the IRS study on TRSs mandated by the
1999 law shows that TRSs formed after the bill was enacted
are generating a substantial and increasing amount of tax
revenues.
Since both the main asset and income tests are set at 75
percent, the dividing line normally used to demarcate between
REIT and non-REIT activities is 25 percent. RIDEA would
conform to this dividing line by increasing the limit on TRS
size from 20 percent to 25 percent of a REIT's assets,
thereby subjecting even more activities conducted by a REIT
to two levels of tax.
Title III: Dealer sales
Congress has always wanted REITs to invest in real estate
on behalf of their shareholders for the long term. Since the
late 1970s, the mechanism to carry out these purposes has
been a 100 percent excise tax on a REIT's gain from so-called
``dealer sales''. Because the 100 percent tax is so severe,
Congress created a safe harbor under which a REIT can be
certain that it is not acting as a dealer (and therefore not
subject to the excise tax) if it meets a series of objective
tests. This provision would update two of these safe harbor
requirements.
The current safe harbor requires a REIT to own property for
at least four years. This is simply too long a time in
today's marketplace. Further, four years departs too much
from the most common time requirement for long-term
investment--the one-year holding period for an individual's
long-term capital gains. Accordingly, this provision uses a
more realistic two-year threshold.
Another test under the dealer sales safe harbor restricts
the amount of real estate assets a REIT can sell in any
taxable year to 10 percent of its portfolio. Current law
measures the 10 percent level by reference to the REIT's tax
basis in its assets. H.R. 1147 instead would measure the 10
percent level by using fair market value. To allow a REIT to
maximize its sales under the safe harbor (and thereby
generating more economic activity), RIDEA would allow a REIT
to choose either method for any given year. Presumably, the
IRS would develop instructions on Form 1120-REIT allowing a
REIT to declare which method it selected when it files its
tax return for the year in which the sales occur.
Title IV: Health care REITs
In 1999, Congress allowed a REIT to rent lodging facilities
to its taxable REIT subsidiary (TRS) while treating the
rental payments from the TRS as income that qualifies under
the REIT income tests so long as the rents were in line with
rents from unrelated third parties. Simultaneously, it
required that the TRS use an independent contractor to manage
or operate the lodging facilities. These complex rules were
adopted because hotel management companies did not want to
assume the leasing risk inherent in lodging facilities but
rather wanted to be compensated purely for operating the
facilities.
A similar situation has arisen with regard to health care
properties such as assisted living facilities. Operators that
now lease such facilities would rather have a REIT (through
its TRS) assume any leasing risk and instead be hired purely
to operate the facilities. Accordingly, this provision would
extend the exception made in 1999 for lodging facilities to
health care facilities. This change should make it easier for
health care facilities to be provided to senior citizens and
others in need of such services. As with the current rules
for lodging facilities, a TRS would continue to need an
independent contractor to manage or operate health care
facilities.
Title V: Foreign REITs
Since imitation is the sincerest form of flattery, Congress
should be proud that about 20 countries have enacted
legislation paralleling the U.S. REIT rules after observing
the benefits brought to the United States as a result of a
vibrant REIT market. Just this year, Germany, Italy and the
United Kingdom enacted REIT laws, and Canada codified its
long-standing trust rules to adopt U.S.-like REIT tests.
Although the tax code treats stock in a U.S. REIT as a real
estate asset, so that it is a qualified asset that generates
qualifying income, current law does not afford the same
treatment to the stock of non-U.S. REITs.
Because of the many tests designed to focus a REIT on
commercial real estate, since the original 1960 REIT law a
stock interest in a U.S. REIT is treated as real estate when
owned by another U.S. REIT. This provision would extend this
treatment to a U.S. REIT's ownership in foreign REITs to the
extent that the Treasury Department concludes that the rules
or market requirements in another country are comparable to
the basic tenets defining a U.S. REIT.
______
By Ms. COLLINS (for herself, Mr. Warner, and Mr. Voinovich):
S. 2003. A bill to facilitate the part-time reemployment of
annuitants, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Ms. COLLINS. Mr. President, I rise to introduce Senate Bill 2003, a
measure that will enhance the Federal Government's ability to perform
its duties capably and economically as it faces a wave of retirement of
highly experienced Federal employees.
When we think about the coming demographic shock of millions of baby
boomers reaching retirement age, we usually focus on the cash-flow
implications for the Social Security and Medicare programs. But their
aging will also have a profound effect on the Federal workforce.
On average, retirements from the Federal workforce have exceeded
50,000 a year for a decade. The numbers will certainly rise in the near
future. The Office of Personnel Management calculates that 60 percent
of the current Federal workforce, whose civilian component approaches 3
million people, will be eligible to retire during the coming 10 years.
Federal agencies, which already must hire more than 250,000 new
employees each year, will need to work hard to replace those retirees,
as the private sector and State and local governments will be facing
the same problem and competing for qualified replacements.
The baby boom retirement wave will have another impact. It will cause
a sudden acceleration in the loss of accumulated skills and mentoring
capabilities that experienced workers uniquely possess.
Human-resources research has repeatedly shown that, in general, older
workers equal or outperform younger workers in organizational
knowledge, ability to work independently, commitment, productivity,
flexibility, and mentoring ability.
Making good use of their talents is, therefore, not charity. It is
common sense and sound management.
Federal agencies recognize the value of older workers, as witnessed
by the fact that nearly 4,500 retirees have been allowed to return to
full-time work on a waiver basis.
Agencies could make use of even more Federal annuitants for short-
term projects or part-time work, but for a disincentive embedded in
current law.
Title 5 of the United States Code currently mandates that annuitants
who return to work for the Federal Government must have their salary
reduced by the amount of their annuity during the period of
reemployment. The bill I introduce today with the welcome cosponsorship
of Senators Warner and Voinovich would provide a limited but vital
measure of relief to agencies who could benefit from the skills and
knowledge of Federal retirees. It provides a limited opportunity for
Federal agencies to reemploy retirees without requiring them to take
pay cuts based on their annuity payment.
This simple but powerful reform is a priority item for the Federal
Office of Personnel Management. As OPM Director Linda Springer has
said, ``Modifying the rules to bring talented retirees back to the
Government on a part-time basis without penalizing their annuity would
allow Federal agencies to rehire recently retired employees to assist
with short-term projects, fill critical skill gaps and train the next
generation of Federal employees.''
Organizations endorsing the reform contemplated in my bill include
the National Active and Retired Federal Employees Association, the
Federal Managers Association, the Partnership for Public Service, and
the Council for Excellence in Government.
I would note two important points about the bill.
First, it will not materially affect the necessary flow of younger
workers into Federal agencies. The bill contemplates reemployment for
part-time or project work of not more than 520 hours in the first 6
months following the start of annuity payments, not more than 1,040
hours in any 12-month period, and not more than 6,240 hours total for
the annuitant's lifetime. In terms of 8-hour days, those figures are
equivalent to 65, 130, and 780 days, respectively.
These limits will give agencies flexibility in assigning retirees to
limited-time or limited-scope projects, including mentoring and
collaboration, without evading or undermining the waiver requirement
for substantial or full-time employment. of annuitants.
I would also note that this bill gives no cause for concern about
financial impact. Reemployed annuitants would be performing work that
the agencies needed to do in any case, but would not require any
additional contributions to pension or savings plans. Meanwhile, their
retiree health and life insurance benefits would be costs unaffected by
their part-time work. Even without making any allowance for the
positive
[[Page S10933]]
effects of their organizational knowledge, commitment, productivity,
and mentoring potential, their reemployment is likely to produce net
savings.
This measure offers benefits for Federal agencies, for Federal
retirees who would welcome the opportunity to perform part-time work,
and for taxpayers. I urge my colleagues to support it.
______
By Mrs. CLINTON (for herself, Mr. Sanders, and Mrs. Murray):
S. 2005. A bill to amend the Public Health Service Act to provide
education on the health consequences of exposure to secondhand smoke,
and for other purposes; to the Committee on Health, Education, Labor,
and Pensions.
Mrs. CLINTON. Mr. President, today, I am introducing the Secondhand
Smoke Education and Outreach Act of 2007 to provide information to the
public about the health consequences of secondhand smoke and support
tobacco cessation education.
I want to thank Senators Sanders and Murray for cosponsoring the
Secondhand Smoke Education and Outreach Act and recognize them as
strong advocates for smoking cessation efforts.
I believe that tobacco use constitutes one of the greatest threats to
public health, a conclusion that was also expressed in the 2000 Supreme
Court ruling, and I also believe that we have a duty to safeguard our
Nation's health against tobacco products.
Every year, an estimated 400,000 smokers die as a result of smoking-
related diseases. But nonsmokers also suffer and die from exposure to
tobacco smoke.
Last year, the Surgeon General issued the report, The Health
Consequences of Involuntary Exposure to Tobacco Smoke, which found that
there is no risk-free level of exposure to secondhand smoke. The
Surgeon General reported that nearly half of all nonsmoking Americans
are still regularly exposed to secondhand smoke, which contains more
than 50 carcinogens.
Living with a smoker increases a non-smoker's risk of developing lung
cancer by 20 to 30 percent and, according to the California
Environmental Protection Agency, exposure to secondhand smoke causes
approximately 3,000 lung cancer deaths in the U.S. each year.
Secondhand smoke also causes 46,000 cardiac deaths annually in our
country.
Studies have shown that exposure to secondhand smoke has both
immediate and long-term adverse health consequences on the adult
cardiovascular system. Exposure to secondhand smoke for 30 minutes can
damage coronary arteries, while sustained exposure can increase the
risk of coronary heart disease by 20 to 30 percent.
Although more than 20 States have passed smoke-free laws, including
laws that ban smoking in restaurants and bars, Americans of all age
groups are involuntarily exposed to tobacco smoke through exposure in
workplaces, homes, cars, apartments, and even outdoor public spaces.
According to the National Cancer Institute, racial and ethnic
minorities in the U.S. have higher rates of occupational exposure to
secondhand smoke, with Latinos and Native Americans having the highest
rates.
Therefore, it is critical that individuals, especially youth, should
not be exposed to secondhand smoke. Further, parents should have access
to information about the adverse health consequences so that they can
better protect their children and themselves from secondhand smoke.
Education about the dangers of tobacco use and exposure to tobacco
smoke is absolutely critical for combating the misleading messages that
the tobacco industry propagates through savvy advertising campaigns.
There is strong evidence that tobacco advertisements cynically target
advertising to adult and adolescent women. According to an analysis
published by the Journal of the American Medical Association in 1994
and a 2001 report by the Surgeon General, the tobacco industry has
targeted women with some form of this dangerous promotional strategy
for almost a century, beginning in the 1920s. The latest example of
this is chronicled in a recent New York Times editorial, entitled
``Don't Fall for Hot Pink Camels'', which discusses R.J. Reynolds's $25
million to $50 million investment in an advertising campaign behind the
new female-friendly Camel No. 9.
In addition to targeting women, tobacco advertisements are also
designed to appeal to our youth. In the August 2006 racketeering suit
brought by the Justice Department against the tobacco industry, Judge
Kessler's Final Opinion concluded that: ``. . . Defendants continue to
engage in many practices which target youth, and deny that they do so.
Despite the provisions of the MSA, Defendants continue to track youth
behavior and preferences and market to youth using imagery which
appeals to the needs and desires of adolescents.'' This is an
unconscionable, but effective, practice. A study published this year in
the Archives of Pediatrics and Adolescent Medicine concluded that youth
are more likely to start smoking if exposed to retail cigarette
advertising and that cigarette promotions also increase the probability
of youth becoming regular smokers.
Finally, racial and ethnic minority communities are
disproportionately targeted with advertising campaigns for tobacco
products, according to the U.S. Department of Health and Human
Services. The tobacco industry has contributed to primary and secondary
schools, funded universities and colleges, and supported scholarship
programs targeting racial and ethnic minorities. Tobacco companies have
also placed advertising in community publications and sponsored
cultural events in racial and ethnic minority communities.
Despite the public's growing understanding of the health dangers
posed by tobacco, too many still succumb to the lure of these deadly
products. According to the Centers for Disease Control and Prevention,
over 20 percent of adults currently smoke cigarettes in the U.S. Among
racial and ethnic communities, approximately 16 percent of Hispanic
adults, 13 percent of Asian American adults, 22 percent of Caucasians
adults, 22 percent of African American adults, and 32 percent of
American Indians and Alaska Natives currently smoke cigarettes.
As for our Nation's youth, a 2005 National Survey on Drug Use and
Health reported that nearly 3 million Americans under the age of 18
currently smoke cigarettes. According to the CDC, unless current rates
of youth smoking are reversed, more than 6.3 million children under the
age of 18 will die from smoking-related diseases.
That is why health care professionals should have the opportunity to
receive training in the delivery of evidence-based tobacco dependence
and prevention treatment in order to assist smokers in overcoming their
addiction and educating all patients about the harm of secondhand
smoke.
That is why I, along with Senators Sanders and Murray, am introducing
the Secondhand Smoke Education and Outreach Act. I am grateful to have
developed this proposal with the American Lung Association, the
American Cancer Society, the American Heart Association, and the
Campaign for Tobacco Free Kids.
This bill, through education and outreach, will help reverse the
public's underestimation of the harm that secondhand smoke can wreck on
one's health and will promote smoking cessation efforts across our
nation.
This new legislation would establish grants and demonstration
projects, awarded by the Secretary of HHS in consultation with the
SAMHSA administrator, for educating the public about the health
consequences of secondhand smoke in multi-unit dwellings and in public
spaces, such as public parks, playgrounds, and national parks. Special
consideration would be given to awarding grants to organizations whose
participation includes secondary school or college-age individuals, and
to organizations that reach racial or ethnic populations that
experience a disproportionate share of the cancer burden.
The Secondhand Smoke Education and Outreach Act would also authorize
and fund grants for regional or local tobacco cessation education and
counseling for health care workers and providers. The training
curricula would assist smokers in quitting through smoking cessation
counseling, educate smokers and nonsmokers about the
[[Page S10934]]
health consequences of secondhand smoke, and help promote self-
sustaining networks for the delivery of affordable, accessible, and
effective cessation services.
The U.S. spends more on health care than any other industrialized
nation and yet we struggle to provide adequate health care for all our
citizens. We literally cannot afford the myriad of health problems that
we know result from tobacco use: bladder, esophageal, laryngeal, lung,
oral, and throat cancers, chronic lung diseases, coronary heart and
cardiovascular diseases, as well as reproductive effects and sudden
infant death syndrome.
The Secondhand Smoke Education and Outreach Act is an important step
in ensuring that our nation's communities have the knowledge they need
to keep themselves and their environments healthy, and I look forward
to working with my colleagues to enact this legislation during the
upcoming reauthorization of the Substance Abuse and Mental Health
Services Administration at the Department of Health and Human Services.
I ask unanimous consent that letters of support be printed in the
Record.
There being no objection, the material was ordered to be placed in
the Record, as follows:
American Heart Association,
American Stroke Association,
August 2, 2007.
Hon. Hillary Rodham Clinton,
Russell Senate Building,
Washington, DC.
Dear Senator Clinton: The American Heart Association, on
behalf of our more than 22 million volunteers and supporters,
strongly endorses the Secondhand Smoke Education and Outreach
Act of 2007. If enacted, this legislation would provide
Federal funds to educate the public about the health
consequences of secondhand smoke and create tobacco cessation
education and counseling programs.
Secondhand smoke causes death and disease in children and
adults who do not choose to smoke. The 2006 Surgeon General's
Report The Health Consequences of Involuntary Exposure to
Tobacco Smoke found that there is no safe level of secondhand
smoke. Secondhand smoke has immediate adverse effects on the
cardiovascular system, increasing the risk of coronary heart
disease by 25 to 30 percent. An estimated 35,052 nonsmokers
die each year as a result of exposure to environmental
tobacco smoke.
Secondhand smoke has a particularly adverse effect on
children's health. An estimated 150,000-300,000 children
younger than 18 months of age have respiratory tract
infections due to exposure to secondhand smoke. The
educational campaigns and demonstration projects about the
health effects of secondhand smoke in multi-unit housing and
public spaces that would be funded by the Secondhand Smoke
Education and Outreach Act of 2007 would give particular
emphasis to programs that would include secondary school and
college-age individuals.
We applaud you for your leadership and look forward to
working with you to advance this vitally important
legislation.
Sincerely,
Sue A. Nelson,
Vice President, Federal Advocacy.
____
Campaign for Tobacco-Free Kids,
Washington, DC, August 2, 2007.
Hon. Hillary R. Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The Campaign for Tobacco Free Kids
strongly supports your legislation, ``Secondhand Smoke
Education and Outreach Act.'' As stated by former Surgeon
General Richard Carmona, ``The debate is over. The science is
clear. Secondhand smoke is not a mere annoyance but a serious
health hazard.'' This legislation will provide timely and
accessible educational programs concerning secondhand smoke
along with funds to train health professionals to help more
Americans quit smoking.
The ``Secondhand Smoke Education and Outreach Act'' will
fund much needed educational campaigns about the dangers of
secondhand smoke in the workplace and in multi-unit housing.
These campaigns will promote greater awareness on the health
consequences of smoking and secondhand smoke and will
encourage more communities to go smokefree.
The mission of the Campaign for Tobacco Free Kids is to
reduce the harm associated with smoking and exposure to
tobacco smoke, preventing children from using tobacco, and
helping adults to end their tobacco use. Your initiative will
help further these goals by promoting awareness of the harms
of secondhand smoke and ways to prevent exposure to it and by
supporting people's efforts to quit smoking and improve their
quality of life.
This initiative is consistent with your demonstrated
commitment to helping protect our nation's children from the
harms associated with tobacco use. Your support of re-
authorization of the State Children's Health Insurance
Program which is funded by an increase in the excise tax on
all tobacco products (a proven measure to deter kids from
smoking) and your recent vote in the Senate Health Education
Labor and Pensions Committee to give the Food and Drug
Administration the authority to regulate tobacco products and
advertising clearly demonstrates your strong support for
reducing the harms of tobacco in this country.
The Campaign for Tobacco Free Kids applauds your leadership
on tobacco prevention efforts and we look forward to working
with you to move your Secondhand Smoke Education and Outreach
Act forward.
Sincerely,
William V. Corr,
Executive Director.
____
American Cancer Society,
Cancer Action Network,
Washington, DC, August 1, 2007.
Hon. Hillary Clinton,
U. S. Senate,
Washington, DC.
Dear Senator Clinton: The American Cancer Society Cancer
Action NetworkSM (ACS CAN) is pleased to endorse the
Secondhand Smoke Education and Outreach Act of 2007. This
legislation would make federal funds available for public
education campaigns on the dangers of secondhand smoke and
the consequences of secondhand smoke in public spaces, as
well as fund grants for tobacco cessation education and
counseling.
There are devastating health consequences directly
attributable to secondhand smoke: Secondhand smoke causes
between 35,000 and 40,000 deaths from heart disease every
year; 3,000 otherwise healthy nonsmokers will die of lung
cancer annually because of their exposure to secondhand
smoke; The total annual costs of secondhand smoke exposure
are estimated to be at least $5 billion in direct medical
costs and at least $5 billion in indirect costs.
The 2006 Surgeon General's Report on The Health
Consequences of Involuntary Exposure to Tobacco Smoke
documents that: There is no risk-free level of exposure to
secondhand smoke; Children exposed to secondhand smoke are at
an increased risk for sudden infant death syndrome (SIDS),
low birthweights, acute respiratory infections, ear problems
and more severe asthma; Parents who smoke cause respiratory
symptoms and slow lung growth in their children; Exposure to
secondhand smoke leads to an increased risk for lung cancer
and cardiovascular disease and death; Nonsmokers living with
a smoker have a 20 to 30 percent increased risk of lung
cancer and a 25 to 30 percent increased risk for coronary
heart disease.
We look forward to working with you to secure passage of
this important legislation by the 110th Congress.
Sincerely,
Daniel E. Smith,
President
Wendy K. Selig,
Vice President, Legislative Affairs.
____
August 1, 2007.
Hon. Hillary R. Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The American Lung Association
strongly supports your Secondhand Smoke Education and
Outreach Act. Despite the irrefutable scientific evidence
that secondhand smoke kills, people of every age are exposed
to tobacco smoke in the workplace, at home and in other
public spaces. This legislation will provide accessible
educational programs concerning secondhand smoke and smoking
cessation in order to effectively reduce secondhand smoke
exposure and promote lung health among Americans.
In June of 2006, the U.S. Surgeon General issued The Health
Consequences of Involuntary Exposure to Tobacco Smoke, which
concluded that there is no risk-free level of exposure to
secondhand smoke. Even short exposure to secondhand smoke can
decrease coronary flow and increase the risk of a heart
attack in adults; additionally, in children, the risk of
developing acute respiratory infections or asthma is
elevated. However, despite this conclusive scientific
evidence, more education is needed to communicate the dangers
of secondhand smoke.
The Secondhand Smoke Education and Outreach Act will fund
much needed educational campaigns about the dangers of
secondhand smoke in the workplace and in multi-unit housing.
These campaigns will promote awareness on the health
consequences of smoking and secondhand smoke and promote lung
health among the public. The legislation will also authorize
grants to health care workers and providers for tobacco
cessation education.
The mission of the American Lung Association is to prevent
lung disease and promote lung health. The Secondhand Smoke
Education and Outreach Act will do both by promoting
secondhand smoke awareness and supporting people's efforts to
quit smoking and enhance their lives.
The American Lung Association looks forward to working with
you to see the Secondhand Smoke Education and Outreach Act
enacted into law.
Sincerely,
Bernadette A. Toomey,
President and CEO.
[[Page S10935]]
____
The City of White Plains,
Youth Bureau,
White Plains, New York, July 31, 2007.
Senator Hillary Rodham Clinton,
Russell Building Suite 476, U.S. Senate, Washington, DC.
Re: Second hand Smoke Education
Dear Senator Clinton: The White Plains Youth Bureau is
writing this letter in support of the Bill you are
introducing to amend the Public Health Service Act to provide
education on the health consequences of exposure to second
hand smoke, and for other purposes.
Studies conducted by various health organizations, as well
as the Surgeon General have documented that there are more
than 60 million young children still being involuntarily
exposed to second hand smoke. Although the passage of laws
such as the Clean Indoor Air Act, and other laws passed by
individual states, have made significant reductions to
smoking rates, involuntary exposure to second hand smoke
continues to effect the health of our most vulnerable
population--our children. Exposure to second hand smoke in
outdoor public spaces as well as in multi unit housing
complexes continues to be a significant health risk factor.
This bi1l is designed to address these very problems by
providing support for increased education about the dangers
of second hand smoke exposure. Research has proven that
continuous education does make a difference. Additionally,
the support for increased training of health professionals
will help educate parents and other adults about the need to
protect vulnerable segment of our population from involuntary
exposure to second hand smoke.
We commend you and your staff for taking the initiative in
putting together this important Bill that will definitely
help to improve the health outcomes for many of our young
people as well as continue the battle against the
unscrupulous practices of the tobacco industry.
Sincerely Yours,
Linda Puoplo,
Deputy Director.
______
By Ms. LANDRIEU:
S. 2008. A bill to reform the single family housing loan guarantee
program under the Housing Act of 1949; to the Committee on Banking,
Housing, and Urban Affairs.
Ms. LANDRIEU. Mr. President, I rise today to introduce the Home
Ownership Made Easier Act, or the HOME Act. This bill will revitalize
our Nation's rural communities by making it easier to become a
homeowner and to provide opportunities to refinance high interest and
subprime loans.
Our country has provided many excellent opportunities over the years
to individuals living in rural areas to become a homeowner. One of
these programs is what is commonly referred to as the 502 program
administered by the U.S. Department of Agriculture. This program
administers guaranteed loans to low-income families that are backed by
the U.S. Government. Families must be able to show that they are
without adequate housing and not exceed certain income limits.
Currently, these loans last 30 years and do not require a down payment,
however the applicant must be able to afford mortgage payments,
including taxes, and insurance.
I applaud the success of the 502 program. In Louisiana alone, the
program has already administered 1,212 loans for 2007 and nationwide,
the program has administered 27,643 loans. While the program does cost
the taxpayer approximately $42 million a year, it administers over $3
billion in loans a year. Let me repeat that again, for $42 million a
year, our Government is able to provide $3 billion in loans a year to
low-income families to become homeowners. The risk extremely low. In
2006, the 502 program has a foreclosure rate of 1.36 percent. Again, I
applaud the success of our Government to provide this much-needed help
to rural Americans.
Some might ask why should the Federal Government help low-income
families become homeowners? The answer is simple. Homeownership
provides financial advantages to owners and to their communities.
Individuals who own homes have an investment, of those that own homes,
on average, one-half of the equity in their homes is one-half of their
net worth. Homeowners enjoy tax benefits and they also enjoy financial
stability if they are locked into a permanent interest rate.
Communities also benefit, those that have a high percentage of
homeownership see increased involvement with the community and with the
local schools.
Also, maybe most importantly, homeownership by low-income households
is linked to a child's educational advancement and future success.
My HOME Act will build upon the success of the 502 program and update
the program to reflect current conditions. In some instances, this law
hasn't been updated in nearly 30 years.
The HOME Act will do five things. First, it will increase the
qualifying income limits for families and set out a three-tiered level
of income standard instead of the current eight tiered standard. The
first tier will be for families that have one to four individuals, the
second tier is established for families of 5 to 8 persons and the third
tier is for families larger than eight.
The second change will affect the qualifying population limit.
Currently, the population limit is tied to communities of 10,000 or
less in an areas contained within a standard metropolitan statistical
area, MSA, and communities less than 20,000 if they are not contained
within a MSA. My HOME Act will expand the qualifying population limit
to encompass rural communities of 40,000 or less.
HOME Act legislation will maintain the guaranteed fee that an
applicant is required to pay at 2 percent, instead of raising the fee
to 3 percent. This is to keep costs low for the borrower. It will also
reduce the redtape involved by allowing an applicant that qualifies for
a 502 loan to receive that loan regardless of whether or not the
applicant can qualify for another Federal Government housing loan.
Finally, my bill will provide opportunities for individuals inside
and outside the 502 program to refinance their loans. These
opportunities include refinancing to pay for a first or second purchase
mortgage, for repairs to structural deficiencies, to pay for closing
costs, and allow a borrower to consolidate debts up to the greater of
$10,000 or 10 percent.
The 502 program is an excellent program that has helped many
individuals and families afford to purchase a clean, affordable home
that increases their quality of life. I want to expand this program and
allow more opportunities for low-income rural Americans to become
homeowners. This is a good bill and I look forward to working with my
colleagues to make this bill a reality.
______
By Mr. BROWN (for himself and Mr. Voinovich):
S. 2013. A bill to initially apply the required use of tamper-
resistant prescription pads under the Medicaid Program to schedule II
narcotic drugs and to delay the application of the requirement to other
prescription drugs for 18 months; to the Committee on Finance.
Mr. BROWN. Mr. President, I am introducing legislation today that
would delay for 18 months the requirement that doctors write Medicaid
prescriptions on tamper-resistant paper. I am pleased that my colleague
and friend, Mr. Voinovich, has agreed to cosponsor this important bill.
Let me place the bill in context. The Iraq supplemental signed into
law 2 months ago requires all Medicaid prescriptions to be written on
tamper-resistant paper effective October 1, 2007.
It is important to understand what tamper-resistant prescribing does
and does not do.
First, what it does not do.
Tamper-resistant prescribing does not help prevent medication errors,
which occur when a provider writes the wrong prescription, a pharmacist
dispenses the wrong medicine, or a patient takes the wrong dose of a
medicine.
Tamper-resistant prescribing does, however, help prevent fraud.
Tamper-resistant paper is intended to prevent the fraudulent
modification of prescriptions, particularly prescriptions for opiates
and other narcotics.
It is a worthy goal, and one we should pursue.
But the October 1, 2007, implementation date simply isn't realistic.
More time is needed to inform physicians and pharmacists about these
new requirements and make sure that physicians across America have
tamper-resistant pads in their offices.
If we don't delay the requirement, come October 1 pharmacists
throughout our Nation will face an impossible situation.
The pharmacist can turn the beneficiary away since they are not going
to be paid if they seek payment for a Medicaid prescription that is not
written on tamper proof paper. Or they can go ahead and fill it and
hope they don't get sued.
And what about the Medicaid beneficiary who needs to fill a
prescription?
[[Page S10936]]
What about the financial integrity of Medicaid itself?
Let us say a Medicaid beneficiary needs insulin.
How much work does she miss and what is the additional cost to
Medicaid if, in order to fill her prescription, this beneficiary must:
1. go to her doctor for a prescription; 2. go to her local pharmacy,
which is forced to turn her away; 3. go to the emergency room in the
hopes she can get a temporary supply; 4. go back to her doctor for a
tamper-resistant prescription; and 5. go back to her pharmacy for her
medicine?
If you give the health care sector enough time to prepare for the
tamper-proof requirement, that requirement will improve the public
health and reduce Medicaid costs.
Implemented prematurely, and the equation flips, Medicaid wastes
dollars on needless doctor and hospital visits, and Medicaid
beneficiaries suffer the consequences of unfilled prescriptions.
Providing more time to ensure smooth implementation of the tamper-
resistant prescribing requirement is the smart thing to do and the
right thing to do. It is the right thing to do for Medicaid
beneficiaries, for community pharmacies, and for U.S. taxpayers.
On behalf of all of these constituencies, we should send this
legislation to the President's desk as soon as possible.
______
By Mr. STEVENS (for himself, Mr. Inouye, Ms. Cantwell, Ms. Snowe,
Ms. Murkowski, Mr. Sununu, Mr. Cochran, Mr. Kerry, Ms. Collins,
Mrs. Murray, and Mrs. Boxer):
S.J. Res. 17. A joint resolution directing the United States to
initiate international discussions and take necessary steps with other
Nations to negotiate an agreement for managing migratory and
transboundary fish stocks in the Arctic Ocean; to the Committee on
Foreign Relations.
Mr. STEVENS. Mr. President, I am pleased to introduce a Senate joint
resolution directing the United States to initiate efforts with other
Nations to negotiate international agreements for managing migratory
and transboundary fish stocks in the Arctic Ocean. As we have seen in
far too many cases around the world, fish stocks can easily become
depleted when the international community fails to develop effective,
science based agreements for conserving and managing shared fish
stocks. The goal of this resolution is to ensure that we do not repeat
that same mistake with any commercial fisheries that develop in the
Arctic Ocean.
In many ways, the Arctic Ocean is the final frontier into which the
world's commercial fisheries may expand. Currently, industrial fishing
in this ocean has been limited by the distribution of fish habitat and
the short duration of favorable fishing conditions, but that may change
in the coming years. Scientific evidence suggests that as the world's
climate changes, ocean temperature regimes may shift and cause many
fish stocks to colonize new habitats in the Arctic Ocean.
Similarly, fishing vessels may gain greater access to previously
inhospitable areas of the Arctic.
Taken together, these potential shifts may create favorable
conditions for expanding commercial fisheries in the United States,
Russia, Canada, Norway, Denmark, and other nations that have access to
the remote arctic waters.
Having seen the fish stock declines that come when multiple nations
target the same stocks without effective coordinated management, it is
vital that these nations work together to prevent this outcome.
Given the benefit of foresight and our ability to anticipate the need
for international fisheries management systems in the Arctic, we must
now begin the process of creating such a system before commercial
fisheries become firmly established there.
The North Pacific Regional Fisheries Management Council, the body
that manages U.S. fisheries in the North Pacific, recognizes the need
to develop an effective management plan for Arctic Ocean fishing before
significant fishing activity occurs. In June 2007, the council approved
a proposal to close all Federal waters in the Arctic Ocean to fishing
until they develop and implement a fisheries management plan. This
action should serve as a signal to the rest of the United States and to
all nations interested in Arctic Ocean fishing that sound conservation
and management plans should be our top priority before moving forward
to develop commercial fisheries there.
This Senate joint resolution builds upon the efforts of the North
Pacific Regional Fisheries Management Council and takes it a step
further by calling on the United States to lead international efforts
to develop international fisheries management agreements for the Arctic
Ocean. Such agreements should promote management systems for member
nations that emphasize science-based limits on harvests, timely and
accurate reporting of catch-and-trade data, equitable allocation and
access systems, and effective monitoring and enforcement. These
fisheries management principles are consistent with the Magnuson-
Stevens Fishery Conservation and Management Amendments Act that was
enacted last January and the United Nations Fish Stocks Agreement. Such
principles are vital for preventing proliferation of illegal,
unreported, and unregulated--what we call IUU--fishing which
unfortunately continues to plague and undermine other international
fisheries.
This resolution contains other important provisions as well. While
negotiating any agreements for the arctic fisheries, the United States
should consult with the North Pacific Regional Fishery Management
Council and Alaska Native subsistence communities in the Arctic. And,
of course, consistent with the President's October 2006 Memorandum on
Promoting Sustainable Fisheries and Ending Destructive Fishing
Practices, this resolution calls on the United States to support
international efforts to halt the expansion of commercial fisheries on
the high seas of the Arctic Ocean until effective international
agreements are enforced.
On behalf of Alaska's subsistence and commercial fishing communities
and the organizations that work to sustain our fisheries, I thank the
many cosponsors of this resolution for sharing our great concern for
sound fisheries management.
Mr. President, I ask unanimous consent that the bill be printed in
the Record.
There being no objection, the text of the bill was ordered to be
placed in the Record, as follows:
S. Joint Res. 17
Whereas the decline of several commercially valuable fish
stocks throughout the world's oceans highlights the need for
fishing nations to conserve fish stocks and develop
management systems that promote fisheries sustainability;
Whereas fish stocks are migratory throughout their
habitats, and changing ocean conditions can restructure
marine habitats and redistribute the species dependent on
those habitats;
Whereas changing global climate regimes may increase ocean
water temperature, creating suitable new habitats in areas
previously too cold to support certain fish stocks, such as
the Arctic Ocean;
Whereas habitat expansion and migration of fish stocks into
the Arctic Ocean and the potential for vessel docking and
navigation in the Arctic Ocean could create conditions
favorable for establishing and expanding commercial fisheries
in the future;
Whereas commercial fishing has occurred in several regions
of the Arctic Ocean, including the Barents Sea, Kara Sea,
Beaufort Sea, Chukchi Sea, and Greenland Sea, although
fisheries scientists have only limited data on current and
projected future fish stock abundance and distribution
patterns throughout the Arctic Ocean;
Whereas remote indigenous communities in all nations that
border the Arctic Ocean engage in limited, small scale
subsistence fishing and must maintain access to and
sustainability of this fishing in order to survive;
Whereas many of these communities depend on a variety of
other marine life for social, cultural and subsistence
purposes, including marine mammals and seabirds that may be
adversely affected by climate change, and emerging fisheries
in the Arctic should take into account the social, economic,
cultural and subsistence needs of these small coastal
communities;
Whereas managing for fisheries sustainability requires that
all commercial fishing be conducted in accordance with
science-based limits on harvest, timely and accurate
reporting of catch data, equitable allocation and access
systems, and effective monitoring and enforcement systems;
Whereas migratory fish stocks traverse international
boundaries between the exclusive economic zones of fishing
nations and the high seas, and ensuring sustainability of
fisheries targeting these stocks requires management systems
based on international coordination and cooperation;
[[Page S10937]]
Whereas international fishing treaties and agreements
provide a framework for establishing rules to guide
sustainable fishing activities among those nations that are
parties to the agreement, and regional fisheries management
organizations provide international fora for implementing
these agreements and facilitating international cooperation
and collaboration;
Whereas under its authorities in the Magnuson-Stevens
Fishery Conservation and Management Act, the North Pacific
Fishery Management Council has proposed that the United
States close all Federal waters in the Chukchi and Beaufort
Seas to commercial fishing until a fisheries management plan
is fully developed; and
Whereas future commercial fishing and fisheries management
activities in the Arctic Ocean should be developed through a
coordinated international framework, as provided by
international treaties or regional fisheries management
organizations, and this framework should be implemented
before significant commercial fishing activity expands to the
high seas: Now, therefore, be it
Resolved, by the Senate and the House of Representatives in
Congress assembled That--
(1) the United States should initiate international
discussions and take necessary steps with other Arctic
nations to negotiate an agreement or agreements for managing
migratory, transboundary, and straddling fish stocks in the
Arctic Ocean and establishing a new international fisheries
management organization or organizations for the region;
(2) the agreement or agreements negotiated pursuant to
paragraph (1) should conform to the requirements of the
United Nations Fish Stocks Agreement and contain mechanisms,
inter alia, for establishing catch and bycatch limits,
harvest allocations, observers, monitoring, data collection
and reporting, enforcement, and other elements necessary for
sustaining future Arctic fish stocks;
(3) as international fisheries agreements are negotiated
and implemented, the United States should consult with the
North Pacific Regional Fishery Management Council and Alaska
Native subsistence communities of the Arctic; and
(4) until the agreement or agreements negotiated pursuant
to paragraph (1) come into force and measures consistent with
the United Nations Fish Stocks Agreement are in effect, the
United States should support international efforts to halt
the expansion of commercial fishing activities in the high
seas of the Arctic Ocean.
____________________