[Congressional Record Volume 155, Number 89 (Monday, June 15, 2009)]
[House]
[Pages H6763-H6766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             PHYLICIA'S LAW

  Mr. SABLAN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 729) to help keep students safe on school-run, overnight, 
off-premises field trips, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 729

       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 ``Phylicia's Law''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Students achieve their full academic potential when 
     they have the ability to learn in a safe and secure 
     environment.
       (2) Off-campus school trips comprise an integral part of 
     the educational experience for our Nation's students. Each 
     year millions of students enjoy these trips, which provide 
     them with invaluable learning opportunities outside the 
     classroom.
       (3) There exists no Federal law requiring public schools to 
     develop safety plans for off-premises, overnight, school-
     sponsored trips.

     SEC. 3. SCHOOL SAFETY PLAN.

       (a) Requirements for Local Educational Agencies.--Each 
     local educational agency that receives funds under part A of 
     title IV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7101 et seq.) shall develop and make publicly 
     available a written school safety policy for off-premises, 
     overnight field trips.
       (b) Guidance From Secretary of Education.--Congress 
     encourages the Secretary of Education to provide guidance to 
     local educational agencies described in subsection (a) by 
     taking the steps necessary, such as hosting a conference of 
     interested parties, to assist in developing a model school 
     safety policy that meets the requirements described in such 
     subsection.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from the 
Northern Mariana Islands (Mr. Sablan) and the gentlewoman from 
Washington (Mrs. McMorris Rodgers) each will control 20 minutes.
  The Chair recognizes the gentleman from the Northern Mariana Islands.


                             General Leave

  Mr. SABLAN. Mr. Speaker, I request 5 legislative days during which 
Members may revise and extend their remarks and insert extraneous 
material on H.R. 729 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from the Northern Mariana Islands?
  There was no objection.
  Mr. SABLAN. I yield myself as much time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 729, which is a bill 
that helps keeps students safe on school-run, overnight, off-premises 
field trips.
  In April 2007, Phylicia Moore, a high school senior, died while 
participating in a field trip in Ghana. Her death, ruled an accident by 
authorities in Ghana, is undergoing further investigation by the 
Federal Bureau of Investigation. The tragedy of Phylicia's death 
exposed a flaw in the system, and it has served as a reminder of the 
importance of having procedures in place when students participate in 
overnight field trips.
  The legislation put forward today will go a long way towards keeping 
students safe. This bill requires school districts to receive money 
through the Safe and Drug-Free Schools program to develop and make 
public school safety policy for off-premises, overnight field trips. 
The bill would further encourage the Secretary of Education to develop 
model school safety plans and to disseminate those best practices to 
school districts.
  Trips, like the one that Phylicia took to Ghana, are intended to 
change students' lives for the better. It is important to expose our 
young people to

[[Page H6764]]

learning experiences outside the classroom, but we must ensure their 
safety at the same time. Phylicia had worked a part-time job to cover 
the cost of the trip, and had raised money for an orphanage and for an 
AIDS charity in Ghana. Unfortunately, she was never able to experience 
the country. She passed away on the first night of the trip.
  I want to thank Lola and Douglas Moore, the parents of Phylicia, 
whose hard work has brought national attention to this issue. They have 
worked through their grief and, fueled by the tragic loss of their 
child, have toiled tirelessly to keep other parents from experiencing a 
similar loss. With passage of this bill, Congress has the opportunity 
to join with this family to prevent future tragedies.
  Mr. Speaker, once again, I express my support for Phylicia's Law. I 
thank Representative Rothman for his dedication in bringing this bill 
to the floor, and I urge my colleagues to pass this important law.
  I reserve the balance of my time.
  Mrs. McMORRIS RODGERS. I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 729, Phylicia's Law, 
which would require school districts that receive funds under the Safe 
and Drug-Free Schools program to develop and make public a written, 
district-wide school safety plan governing off-premises, overnight 
field trips.
  As I am sure many of my colleagues are aware, school field trips are 
an important component of student learning in the education system. 
Almost every school in the country has programs in place that take 
elementary and secondary school students to parks, to museums, to 
nature centers, and to other outdoor settings that provide an important 
contribution to the learning process.
  Researchers have documented the cognitive and effective benefits of 
field trips, including an increased motivation for learning, a more 
positive attitude towards science and the acquisition of knowledge and 
skills. Further, field trips can stimulate interest in a student's 
future career and can result in an improved attitude toward school.
  At the same time, many schools and school districts also sponsor 
overnight field trips, such as overnight camping trips or academic 
events, where students travel sometimes long distances to compete with 
other students. In these situations, it is vitally important that 
school districts have safety plans in place so that the students can 
feel safe. It is important that there are policies in place to address 
emergency situations that may occur.
  The sobering reality of the reason this bill is on the floor today is 
due to the tragic circumstances that came to light after a student lost 
her life while on a 2-week field trip to Ghana with her class. 
Eighteen-year-old Phylicia Moore was last seen at 10:30 p.m. on April 
15, 2007, when she left a group around a hotel pool to go to her room 
to change. She was found 11 hours later at the bottom of the pool. 
Chaperones initially said they had checked on the students in their 
rooms the night before, but later admitted they had not. Phylicia would 
probably be here today if the buddy system or other protections had 
been in place.
  Experts say that there are a number of best practices a school should 
follow while on a field trip. It is important for chaperones to know 
the children in their care. All chaperones should have a concise list 
of the participants' names, addresses and phone numbers so their 
parents or guardians can be reached during the hours the chaperones are 
responsible for their children. A student's information should identify 
whether he or she has mental, physical or emotional special needs. The 
more chaperones know about the students in their care the easier it 
will be for them to feel confident that they can head off potential 
trouble and can keep everyone on the field trip safe at all times.
  A second key to field trip safety is having students look out for 
each other. It is important for chaperones to have their eyes on the 
children at every moment possible, but it is impossible for them to 
respond to every question and to meet every need that arises. 
Regardless of age, having students use the buddy system is important so 
that someone is always accountable for the other's whereabouts.
  Overnight trips should have reasonable curfews in place that are 
adhered to. Room checks should be conducted by chaperones on a regular 
basis, and emergency procedures should be in place should a serious 
injury or death occur. These policies will help ensure that the trip 
will be safe and enjoyable for all involved.
  Mr. Speaker, this bill does not specify a particular policy that 
schools must follow when conducting a field trip, but it would merely 
require school districts that receive funds under the Safe and Drug-
Free Schools program to develop and make public a written, district-
wide school plan governing off-premises, overnight field trips. Whether 
on or off campus, we all know that students achieve their full academic 
potential when they have the ability to learn in a safe and secure 
environment. This bill will help ensure that learning opportunities 
outside the school campus can be experienced safely.
  I would ask all of my colleagues to support H.R. 729.
  I reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, I am pleased to recognize the gentleman from 
New Jersey (Mr. Rothman) for 8 minutes.
  Mr. ROTHMAN of New Jersey. I thank the gentleman for the time.
  Mr. Speaker, today, we consider legislation that is an important step 
in protecting our young people as they come to explore this amazing 
world that we live in.
  First, I want to take time to thank my friend, the Education and 
Labor Chairman George Miller. Earlier this year, Chairman Miller took 
time from his schedule to meet with Phylicia Moore's parents, Lola and 
Douglas Moore, and with Phylicia's brother, Christopher. Chairman 
Miller heard their heartbreaking story. The legislation we have before 
us today is a testament to his leadership and to his compassion.
  I also want to acknowledge the role played by Secretary of Education 
Arne Duncan. He also personally met with the Moores. He and his staff 
have suggested several important improvements to the bill. I am deeply 
grateful for his personal involvement.
  I would also like to thank Ranking Member McKeon and my colleagues on 
the other side of the aisle for their bipartisan support of this very 
important legislation.
  I would also like to recognize and to express my gratitude for the 
endorsements of the National Parent Teacher Association, the National 
Education Association and the National School Boards Association for 
this important bill.
  Phylicia's Law bears the name of a young woman from my district who 
was taken from us much too soon. Phylicia Moore was an 18-year-old high 
school student from Teaneck, New Jersey, who died in April 2007 while 
on a school-sponsored trip to Ghana.
  Today, however, is not about the past. We are here to talk about the 
future and what we can do to help ensure that no more parents endure 
what Douglas and Lola Moore have gone through. It is the culmination of 
the Moores' hard work, the dedication to their daughter and to her 
memory, and their desire that no other parents suffer as they have that 
brings us to this moment on the floor of the United States House of 
Representatives.
  As a parent myself, when I send my children to school, I expect them 
to be safe. I expect them to be just as safe when the school takes them 
on a field trip off school premises. Public school districts are now 
required to have safety plans and security procedures in place for the 
physical campus of their schools. However, there are no such 
requirements when schools take students off campus for field trips or 
for any other reason. Phylicia's Law will fix this dangerous omission.

                              {time}  1600

  Phylicia's Law will require school districts to develop a safety 
policy for overnight school trips. However, the bill as written still 
gives individual schools the leeway to determine their own plans and 
procedures, which parents will then be able to review before the 
parents decide if the school district has the right security plan for 
their child sufficient to allow a parent in good conscience to let 
their child take this off-campus school trip.
  Given that schools already know how to devise their security plans 
for on-

[[Page H6765]]

campus events, this new requirement for off-campus events should not be 
overly burdensome. On the contrary, I think this new requirement should 
be welcome as a plan and set of procedures that will help protect 
everyone on their trip.
  With plans and procedures in place, there will be a blueprint for 
chaperones, for their trip leaders, for students, and for parents, all 
of whom will want to know what individual roles and responsibilities 
there are on this trip and what will happen should tragedy strike. We 
need Phylicia's Law to not only keep children safe but help schools to 
continue to offer important off-campus learning activities.
  Off-campus school trips are an important part of the educational 
experience of our Nation's students. Each year, millions of our young 
people enjoy these trips. They provide students with invaluable 
learning opportunities outside the classroom. Keeping our students safe 
is paramount, but we also need to continue to provide these essential 
off-campus educational experiences.
  Phylicia Moore was in Ghana on a goodwill trip. She was there to help 
others. She was a good, caring person. She was brave. She was filled 
with light. When speaking with Phylicia's parents, Douglas and Lola 
Moore, it is easy to see how much loved Phylicia was. Douglas and 
Lola's love helped make Phylicia the wonderful young woman she had 
become. It is with a heavy heart that I stand here today because 
nothing will bring this wonderful young woman back. But I commend 
Phylicia's parents, Douglas and Lola Moore, coming to me about 
Phylicia's Law, for caring about other parents and children, and I hope 
that we can get Phylicia's Law passed for them, for their daughter, and 
to make sure that parents across the country never have to face the 
pain that the Moores will continue to live with.
  I urge my colleagues to stand up for students and parents across this 
country by supporting this bill.
  Mrs. McMORRIS RODGERS. Mr. Speaker, I would like to yield such time 
as he may consume to the gentleman from Texas (Mr. Gohmert).
  Mr. GOHMERT. Mr. Speaker, it is heartwarming and touching to hear the 
tribute to Phylicia Moore by my colleague from New Jersey, a very 
touching and well-deserved tribute. This bill obviously is borne out of 
the noblest of intentions and came, unfortunately, from a tragic 
consequence.
  Obviously, the intention here is to safeguard our schoolchildren. 
Could there be any more noble intention? The effect, though, 
unfortunately, is to further take the Federal Government into the local 
schools--we've already intruded greatly into the local schools--and 
tell them what they must do.
  Initially, it's to come up with a plan. There should be a plan. There 
should have been a plan. There should have been more direction from the 
local school, from the school board. I know from my own circumstances 
growing up going to school in a public school, the school board 
wouldn't allow us to take 2-week trips, and had anyone been allowed to 
take such a field trip, then they would likely have been defeated in 
the next school board election, because if you look at the 
Constitution, the Founders realized the best control is local control 
for so many of these issues.
  There needs to be accountability. There should be accountability. I 
got into a rather testy discussion with our former Secretary of 
Education, Secretary Spellings, because Secretary Spellings, as did our 
immediately previous President, wanted to engage and dictate 
educational policy to the local schools. I didn't agree with that. I 
felt it was inappropriate.
  Secretary Spellings at one point said, Well, if you liked what I did 
when I was in Austin, you ought to love what I'm doing in Washington. I 
said, No, because the 10th Amendment says that if a power is not 
specifically enumerated, it's reserved to the States and the people. 
When you were in Austin, you were part of the State. It was a reserved 
power for you. At this time, though, you're acting outside that 
parameter, and I don't appreciate all of the dictation from Washington. 
It was true under the previous administration and it's true today. It 
was true when the Constitution was founded.
  I think the tribute to Phylicia Moore is well-deserved. She sounds 
like a wonderful young lady, and there is no way there could be 
adequate compensation or action to lessen the hurt adequately of those 
who loved her and suffered from her loss. But here again, this would 
usurp further what the previous administration did in dictating local 
policy. And I understand the amendment now simply requires that a 
policy be put in place, and that's better, but we know in the days 
ahead how that normally works, then someone else more zealous comes 
forward and says, And the policy must include this and this and this.
  So I still believe the best school control is local control, State 
control, and holding school board members responsible to the local 
electorate.
  I would support any tribute to Phylicia Moore and to the efforts this 
wonderful young lady was trying to exert on behalf of others, but I 
would oppose another dictation from Washington on what a local school 
board must do. Let's keep that control back in the local school board.
  And I see my friend from New Jersey is ready to speak. I yield to the 
gentleman.
  Mr. ROTHMAN. I thank the gentleman.
  The gentleman has expressed, I think, an important concern with 
regards to those powers that are not deemed already provided to the 
Federal Government with regards to the State should not be expanded. 
However, there are many, many instances--whether it be clean water 
standards or clean air standards or seatbelt standards for cars; the 
list is endless--to protect the public safety and good health of our 
people that the Federal Legislature, made up of 435 of us from all over 
the country, provide the minimum standards of safety that we wish to 
have in each of the 50 States.
  But recognizing the general intention of the gentleman's objection, 
we changed the law to make it even more local community friendly this 
way. We said, We're not going to tell the local school districts what 
plan to have. Whatever plan they come up with is fine, period. All we 
require them to do is to have a plan or not have a plan but simply tell 
the parents, We have no plan, or, Here is our plan. This is to empower 
parents to make an informed judgment as to whether they want to put 
their children's safety in the hands of this particular school district 
if and when the school district decides they want to go on a school 
trip. I think that's why it has received bipartisan support.
  I'm a former local mayor, former judge myself, and I'm very sensitive 
to too much intrusion in the local decisionmaking. This simply says to 
the school districts have a plan or don't have a plan, but you have got 
to tell the parents and let them make their judgment on the validity of 
the plan so that they can decide, as a parent, then, whether they want 
to go forth.
  This is not just a tribute to Phylicia, although it is in some part. 
It is an effort to prevent these tragedies from happening again. That's 
why the National Parent-Teacher Association, the National School Boards 
Association, and the National Education Association, as well as 
colleagues on both sides of the aisle, have supported it.
  I thank the gentleman for yielding.
  Mr. GOHMERT. Thank you, and reclaiming my time, I did want to yield 
to you because I wasn't sure with the way the conversation was going if 
you had adequate time to respond, and I wanted to give you the chance 
and have the time to do so.
  And I do appreciate the gentleman's position. And I would say that if 
it pertained to school trips, field trips that crossed State lines, and 
particularly here where it went to another country, certainly I would 
join in support for perhaps even further requirements than the minimum 
that has been offered here.
  But since that's not the case, I would be in opposition to a further 
dictation from Washington of any requirements and would encourage every 
single person, Mr. Speaker, in America to start monitoring your local 
school board. Hold them accountable, and if they're taking actions that 
are irresponsible, negligent, inappropriate, then fire them by electing 
someone else.
  Mr. SABLAN. Does the gentlewoman from Washington have any additional 
speakers?

[[Page H6766]]

  Mrs. McMORRIS RODGERS. I have no further speakers.
  I urge my colleagues to support the resolution legislation.
  I yield back the balance of my time.
  Mr. SABLAN. Mr. Speaker, again, I urge my colleagues from both sides 
of the aisle to support H.R. 729, as amended.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from the Northern Mariana Islands (Mr. Sablan) that the House 
suspend the rules and pass the bill, H.R. 729, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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