[Congressional Record Volume 156, Number 90 (Wednesday, June 16, 2010)]
[Senate]
[Pages S4991-S4994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LIEBERMAN (for himself and Mr. Dodd):
S. 3498. A bill to support the establishmeht and operation of
Teachers Professional Development Institutes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. LIEBERMAN. Mr. President, today I am introducing legislation,
along with my friend and colleague, the senior Senator from
Connecticut, Mr. Dodd, that will strengthen the content knowledge and
instructional skills of our present K-12 teacher workforce and thus
ultimately raise student achievement.
The Teachers Professional Development Institutes Act would establish
eight new Teachers Professional Development Institutes throughout the
nation each year over the next 5 years based on the model which has
been operating at Yale University for over 30 years. Every Teachers
Institute would consist of a partnership between an institution of
higher education and the local public school system in which a
significant proportion of the students come from low-income households.
These Institutes will strengthen the present teacher workforce by
giving each participant an opportunity to gain more sophisticated
content knowledge and a chance to develop curriculum units with other
colleagues that can be directly applied in their classrooms. We know
that teachers gain confidence and enthusiasm when they have a deeper
understanding of the subject matter that they teach and this translates
into higher expectations for their students and an increase in student
achievement.
The Teachers Professional Development Institutes are based on the
Yale-New Haven Teachers Institute model that has been in existence
since 1978. For over 30 years, the Institute has offered, 5 or 6 13-
session seminars each year, led by Yale faculty, on topics that
teachers have selected to enhance their mastery of the specific subject
area that they teach. The subject selection process begins with
representatives from the Institutes soliciting ideas from
teachers throughout the school district for topics on which teachers
feel they need to have additional preparation, topics that will assist
them in preparing materials they need for their students, and topics
that will assist them in addressing the standards that the school
district requires. As a consensus emerges about desired seminar
subjects, the Institute director identifies university faculty members
with the appropriate expertise, interest and desire to lead the
seminar. University faculty members, especially those who have led
Institute seminars before, may sometimes suggest seminars they would
like to lead, and these ideas are circulated by the representatives as
well. The final decisions on which seminar topics are offered are
ultimately made by the teachers who participate. In this way, the
offerings are designed to respond to what teachers believe is needed
and useful for both themselves and their students.
The cooperative nature of the Institute seminar planning process
ensures
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its success. Institutes offer seminars and relevant materials on topics
teachers have identified and feel are needed for their own preparation,
as well as what they know will motivate and engage their students.
Teachers enthusiastically take part in rigorous seminars they have
requested, and practice using the materials they have obtained and
developed. This helps ensure that the experience not only increases
their preparation in the subjects they are assigned to teach, but also
their participation in an Institute seminar gives them immediate hands-
on active learning materials that can be used in the classroom. In
short, by allowing teachers to determine the seminar subjects and
providing them the resources to develop relevant curricula for their
classroom and their students, the Institutes empower teachers.
The Yale-New Haven Teachers Institute conducted a National
Demonstration Project from 1999-2002 that showed that similar
Institutes could be created rapidly at diverse sites with large
concentrations of disadvantaged students. After 2 years of research and
planning, and based on the success of that Project, the Institute in
2005 launched the Yale National Initiative to strengthen teaching in
public schools, a long-term endeavor to assist with the establishment
of Teachers Institutes of this specific type in most states. As a
result, new Institutes already have been established in Philadelphia,
Pennsylvania, and Charlotte, North Carolina; and Institutes are
currently being planned for New Castle County, Delaware, and San
Francisco, California.
The teachers surveyed for the National Demonstration Project reported
that student motivation, student interest, and student mastery were
higher during the Institute-developed unit than during other work.
Subsequently, the findings of a 2009 Report on Teachers Institute
Experiences found that teachers participated out of desires to obtain
curricula which suited their needs, increased subject mastery, and
motivated students. Mr. President, 96 percent of the teachers rated the
Institute seminars as useful, partly due to the reported increase in
knowledge and in raising expectations of their students.
A retrospective study showed that over a 5-year period Teachers
Institute participants were almost twice as likely as non-participants
to remain teaching in the district five years later. Research has shown
that longevity in a district is associated with teaching effectiveness.
Many agree that teacher quality is the single most important school-
related factor in determining student achievement. High-quality teacher
professional development programs that focus on subject and pedagogy
knowledge are a proven method for enhancing the effectiveness of a
teacher in the classroom. A recent review of professional development
studies by the Department of Education's Institute of Education
Sciences found that ``teachers who receive substantial professional
development--an average of 49 hours in the nine studies--can boost
their students' achievement by about 21 percentile points.''
The Yale-New Haven Teachers Institute model enhances teachers' basic
writing, math, and presentation skills. It increases expectations of
student achievement and enthusiasm for teaching while developing skills
for motivating students. These are key features that research suggests
are effective in producing gains in both teacher knowledge and practice
and student achievement. The Teachers Institutes accomplish student
achievement gains through a proven approach distinguished from both
conventional professional development offerings of school districts and
from traditional continuing education and outreach programs of colleges
and universities.
Education Secretary Arne Duncan said recently, ``The more we can
provide high-quality professional development, so that teachers have
deep content knowledge, there are huge benefits. . . . So whether it's
partnerships with universities and higher ed institutions, to create
those meaningful professional development opportunities and really
create those content-rich environments that students desperately need,
that is absolutely critically important.''
This is precisely what the Teachers Professional Development
Institutes Act strives to accomplish. The need for effective teachers
with deep content knowledge is most apparent and urgent in schools and
school districts that enroll a high proportion of students from low-
income families, exactly the schools and school districts that Teachers
Institutes serve.
The Yale-New Haven Teachers Institute has already proven to be a
successful model for teacher professional development as demonstrated
by the high caliber curriculum unit plans that teacher participants
have developed and placed on the web, and by the evaluations that
support the conclusion that virtually all the teacher participants felt
substantially strengthened in their mastery of content knowledge and
their teaching skills. The finding that Institute participants were
almost twice as likely as non-participants to remain in teaching in
high-need schools is especially encouraging. Our proposal would open
this opportunity to many more teachers in high-need schools throughout
the Nation.
I urge my colleagues to act favorably on this measure.
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. 3498
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES.
(a) In General.--Part A of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is
amended by adding at the end the following:
``Subpart 6--Teachers Professional Development Institutes
``SEC. 2161. SHORT TITLE.
``This subpart may be cited as the `Teachers Professional
Development Institutes Act'.
``SEC. 2162. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) Teaching is central to the educational process and
the ongoing professional development of teachers in the
subjects they teach is essential for improved student
learning.
``(2) Attaining the goal of the No Child Left Behind Act of
2001 (Public Law 107-110)--having a classroom teacher who is
highly effective in every academic subject the teacher
teaches--will require innovative approaches to improve the
effectiveness of teachers in the classroom.
``(3) The Teachers Institute Model focuses on the
continuing academic preparation of schoolteachers and the
application of what the teachers study to their classrooms
and potentially to the classrooms of other teachers.
``(4) The Teachers Institute Model was developed initially
by the Yale-New Haven Teachers Institute and has successfully
operated in New Haven, Connecticut, for more than 30 years.
``(5) The Teachers Institute Model has also been
successfully implemented in cities larger than New Haven.
``(6) In the spring of 2009, a report entitled `An
Evaluation of Teachers Institute Experiences' concluded
that--
``(A) Teachers Institutes enhance precisely those teacher
qualities known to improve student achievement;
``(B) Teachers Institutes exemplify the crucial
characteristics of high-quality teacher professional
development; and
``(C) Teachers Institute participation is strongly related
to teacher retention in high-poverty schools.
``(b) Purpose.--The purpose of this subpart is to provide
Federal assistance to support the establishment and operation
of Teachers Institutes for local educational agencies that
serve significant low-income student populations in States
throughout the Nation, in order to--
``(1) improve student learning; and
``(2) enhance the quality and effectiveness of teaching and
strengthen the subject matter mastery and the pedagogical
skills of current teachers through continuing teacher
preparation.
``SEC. 2163. DEFINITIONS.
``In this subpart:
``(1) Significant low-income student population.--The term
`significant low-income student population' means a student
population of which not less than 40 percent of the students
included are eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act.
``(2) Teachers institute.--The term `Teachers Institute'
means a partnership or joint venture--
``(A) between or among--
``(i) 1 or more institutions of higher education; and
``(ii) 1 or more local educational agencies that serve 1 or
more schools with significant low-income student populations;
and
``(B) that improves the effectiveness of teachers in the
classroom, and the quality of teaching and learning, through
collaborative
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seminars designed to enhance both the subject matter and the
pedagogical resources of the seminar participants.
``SEC. 2164. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants under this subpart in order to encourage the
establishment and operation of Teachers Institutes.
``(b) Technical Assistance.--The Secretary may reserve not
more than 50 percent of the funds appropriated to carry out
this subpart to provide technical assistance to facilitate
the establishment and operation of Teachers Institutes. The
Secretary may contract with the Yale-New Haven Teachers
Institute to provide all or part of the technical assistance
under this subsection.
``(c) Selection Criteria.--In selecting Teachers Institutes
to support through grants under this subpart, the Secretary
shall consider--
``(1) the extent to which a proposed Teachers Institute
will serve schools that have significant low-income student
populations;
``(2) the extent to which a proposed Teachers Institute
will follow the understandings and necessary procedures
described in section 2166;
``(3) the extent to which each local educational agency
participating in the Teachers Institute has a high percentage
of teachers who are unprepared or underprepared to teach the
core academic subjects the teachers are assigned to teach;
and
``(4) the extent to which a proposed Teachers Institute
will receive a level of support from the community and other
sources that will ensure the requisite long-term commitment
for the success of a Teachers Institute.
``(d) Consultation.--
``(1) In general.--In evaluating applications using the
criteria under subsection (c), the Secretary may request the
advice and assistance of the Yale-New Haven Teachers
Institute or other Teachers Institutes.
``(2) State agencies.--If the Secretary receives 2 or more
applications for grants under this subpart from local
educational agencies within the same State, the Secretary
shall consult with the State educational agency regarding the
applications.
``(e) Fiscal Agent.--The fiscal agent for the receipt of
grant funds under this subpart shall be an institution of
higher education participating in the partnership or joint
venture, as described in section 2163(2)(A), that is
establishing or operating the Teachers Institute.
``(f) Limitations.--A grant under this subpart--
``(1) shall provide grant funds for a period of not more
than 5 years; and
``(2) shall be in an amount that is not more than 50
percent of the total costs of the eligible activities
supported under the grant, as determined by the Secretary.
``SEC. 2165. ELIGIBLE ACTIVITIES.
``Grant funds under this subpart may be used--
``(1) for the planning, development, establishment, and
operation of a Teachers Institute;
``(2) for additional assistance to an established Teachers
Institute for its further development and for its support of
the planning, development, establishment, and operation of a
Teachers Institute under paragraph (1);
``(3) for the salary and necessary expenses of a full-time
director for a Teachers Institute to plan and manage the
Teachers Institute and to act as a liaison between all local
educational agencies and institutions of higher education
participating in the Teachers Institute;
``(4) to provide suitable office space, staff, equipment,
and supplies, and to pay other operating expenses, for the
Teachers Institute;
``(5) to provide a stipend for teachers participating in
the collaborative seminars conducted by the Institute in the
sciences and humanities and to provide remuneration for
members of the faculty of the participating institution of
higher education leading the seminars; and
``(6) to provide for the dissemination, through print and
electronic means, of curriculum units prepared in the
seminars conducted by the Teachers Institute.
``SEC. 2166. UNDERSTANDINGS AND PROCEDURES.
``A grantee receiving a grant under this subpart shall
abide by the following understandings and procedures:
``(1) Partnership.--The essential relationship of a
Teachers Institute is a partnership between a local
educational agency and an institution of higher education. A
grantee shall demonstrate a long-term commitment on behalf of
the participating local educational agency and institution of
higher education to the support, including the financial
support, of the work of the Teachers Institute.
``(2) Seminars.--A Teachers Institute sponsors seminars led
by faculty of the institution of higher education partner and
attended by teachers from the local educational agency
partner. A grantee shall provide participating teachers the
ability to play an essential role in planning, organizing,
conducting, and evaluating the seminars and in encouraging
the future participation of other teachers.
``(3) Curriculum unit.--A seminar described in paragraph
(2) uses a collaborative process, in a collegial environment,
to develop a curriculum unit for use by participating
teachers that sets forth the subject matter to be presented
and the pedagogical strategies to be employed. A grantee
shall enable participating teachers to develop a curriculum
unit, based on the subject matter presented, for use in the
teachers' classrooms.
``(4) Eligibility and remuneration.--Seminars are open to
all partnership teachers with teaching assignments relevant
to the seminar topics. Seminar leaders receive remuneration
for their work and participating teachers receive an
honorarium or stipend upon the successful completion of the
seminar. A grantee shall provide seminar leaders and
participating teachers with remuneration to allow them to
participate in the Teachers Institute.
``(5) Direction.--The operations of a Teachers Institute
are managed by a full-time director who reports to both
partners but is accountable to the institution of higher
education partner. A grantee shall appoint a director to
manage and coordinate the work of the Teachers Institute.
``(6) Evaluation.--A grantee shall annually review the
activities of the Teachers Institute and disseminate the
results to members of the Teachers Institute's partnership
community.
``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT.
``(a) In General.--To receive a grant under this subpart, a
Teachers Institute, or a partnership or joint venture
described in section 2163(2)(A) that is proposing to
establish a Teachers Institute, shall submit an application
to the Secretary that--
``(1) meets the requirement of this subpart and any
regulations under this subpart;
``(2) includes a description of how the applicant intends
to use funds provided under the grant;
``(3) includes such information as the Secretary may
require to apply the criteria described in section 2164(c);
``(4) includes measurable objectives for the use of the
funds provided under the grant; and
``(5) contains such other information and assurances as the
Secretary may require.
``(b) Approval.--The Secretary shall--
``(1) promptly evaluate an application received for a grant
under this subpart; and
``(2) notify the applicant, within 90 days of the receipt
of a completed application, of the Secretary's determination.
``(c) Agreement.--Upon approval of an application, the
Secretary and the applicant shall enter into a comprehensive
agreement covering the entire period of the grant.
``SEC. 2168. REPORTS AND EVALUATIONS.
``(a) Report.--Each grantee under this subpart shall report
annually to the Secretary on the progress of the Teachers
Institute in achieving the purpose of this subpart.
``(b) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this subpart and submit
an annual report regarding the activities assisted under this
subpart to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives. The Secretary shall
broadly disseminate successful practices developed by
Teachers Institutes.
``(c) Revocation.--If the Secretary determines that a
grantee is not making substantial progress in meeting the
purposes of the grant by the end of the second year of the
grant under this subpart, the Secretary may take appropriate
action, including revocation of further payments under the
grant, to ensure that the funds available under this subpart
are used in the most effective manner.
``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants
(including planning grants) and technical assistance under
this subpart--
``(1) $4,000,000 for fiscal year 2011;
``(2) $5,000,000 for fiscal year 2012;
``(3) $6,000,000 for fiscal year 2013;
``(4) $7,000,000 for fiscal year 2014; and
``(5) $8,000,000 for fiscal year 2015.''.
(b) Table of Contents.--The table of contents of the
Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 2151 the
following:
``subpart 6--teachers professional development institutes
``Sec. 2161. Short title.
``Sec. 2162. Findings and purpose.
``Sec. 2163. Definitions.
``Sec. 2164. Program authorized.
``Sec. 2165. Eligible activities.
``Sec. 2166. Understandings and procedures.
``Sec. 2167. Application, approval, and agreement.
``Sec. 2168. Reports and evaluations.''.
______
By Mr. AKAKA:
S. 3499. A bill to amend title 38, United States Code, to require
fiduciaries of individuals receiving benefits under laws administered
by the Secretary of Veterans Affairs to authorize the Secretary to
obtain financial records with respect to such individuals for purposes
of administering such laws, and for other purposes; to the Committee on
Veterans' Affairs.
Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on
Veterans' Affairs, I introduce legislation that would provide VA with
the means to better protect those VA beneficiaries who have
fidicuiaries appointed to look after their affairs. This
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bill would improve oversight of fiduciaries by authorizing VA to access
records at financial institutions for up to 3 years.
Under current law, VA has a 3-month time limit on the authorization
to view financial records maintained by a fiduciary, a time period
which has proven to be inadequate. In addition, VA lacks the authority
to compel a fiduciary to provide a Social Security number or other
identifying information needed to track financial records.
The legislation I am introducing today is modeled on Social Security
laws and procedures. It will help VA ensure that veterans' monies are
not being misused. It would allow VA to require that any person
appointed or recognized by VA as a fiduciary be required to sign an
authorization for release of records which would be in effect for up to
3 years. If a fiduciary refuses to sign or revokes an authorization, VA
would be authorized to remove the fiduciary.
The Committee held a hearing on pending legislation on May 19, 2010,
and witnesses from The American Legion and the Veterans of Foreign Wars
spoke on the need to strengthen VA's oversight of fiduciaries.
I urge our colleagues to support this bill to protect VA
beneficiaries who need assistance with financial management.
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. 3499
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 ``Fiduciary Benefits Oversight
Act of 2010''.
SEC. 2. ACCESS BY SECRETARY OF VETERANS AFFAIRS TO FINANCIAL
RECORDS OF INDIVIDUALS REPRESENTED BY
FIDUCIARIES AND RECEIVING BENEFITS UNDER LAWS
ADMINISTERED BY SECRETARY.
Section 5502 of title 38, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) The Secretary may require any person appointed or
recognized as a fiduciary for a Department beneficiary under
this section to provide authorization for the Secretary to
obtain (subject to the cost reimbursement requirements of
section 1115(a) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3415)) from any financial institution any
financial record held by the institution with respect to the
fiduciary or the beneficiary whenever the Secretary
determines that the financial record is necessary--
``(A) for the administration of a program administered by
the Secretary; or
``(B) in order to safeguard the beneficiary's benefits
against neglect, misappropriation, misuse, embezzlement, or
fraud.
``(2) Notwithstanding section 1104(a)(1) of such Act (12
U.S.C. 3404(a)(1)), an authorization provided by a fiduciary
under paragraph (1) with respect to a beneficiary shall
remain effective until the earliest of--
``(A) the approval by a court or the Secretary of a final
accounting of payment of benefits under any law administered
by the Secretary to a fiduciary on behalf of such
beneficiary;
``(B) in the absence of any evidence of neglect,
misappropriation, misuse, embezzlement, or fraud, the express
revocation by the fiduciary of the authorization in a written
notification to the Secretary; or
``(C) the date that is three years after the date of the
authorization.
``(3)(A) An authorization obtained by the Secretary
pursuant to this subsection shall be considered to meet the
requirements of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3401 et seq.) for purposes of section 1103(a) of
such Act (12 U.S.C. 3403(a)), and need not be furnished to
the financial institution, notwithstanding section 1104(a) of
such Act (12 U.S.C. 3404(a)), if the Secretary provides a
copy of the authorization to the financial institution.
``(B) The certification requirements of section 1103(b) of
such Act (12 U.S.C. 3403(b)) shall not apply to requests by
the Secretary pursuant to an authorization provided under
this subsection.
``(C) A request for a financial record by the Secretary
pursuant to an authorization provided by a fiduciary under
this subsection is deemed to meet the requirements of section
1104(a)(3) of such Act (12 U.S.C. 3404(a)(3)) and the matter
in section 1102 of such Act (12 U.S.C. 3402) that precedes
paragraph (1) of such section if such request identifies the
fiduciary and the beneficiary concerned.
``(D) The Secretary shall inform any person who provides
authorization under this subsection of the duration and scope
of the authorization.
``(E) If a fiduciary of a Department beneficiary refuses to
provide, or revokes, any authorization to permit the
Secretary to obtain from any financial institution any
financial record concerning benefits paid by the Secretary
for such beneficiary, the Secretary may, on that basis,
revoke the appointment or the recognition of the fiduciary
for such beneficiary and for any other Department beneficiary
for whom such fiduciary has been appointed or recognized. If
the appointment or recognition of a fiduciary is revoked,
benefits may be paid as provided in subsection (d).
``(4) For purposes of section 1113(d) of such Act (12
U.S.C. 3413(d)), a disclosure pursuant to this subsection
shall be considered a disclosure pursuant to a Federal
statute.
``(5) In this subsection:
``(A) The term `fiduciary' includes any person appointed or
recognized to receive payment of benefits under any law
administered by the Secretary on behalf of a Department
beneficiary.
``(B) The term `financial institution' has the meaning
given such term in section 1101 of such Act (12 U.S.C. 3401),
except that such term shall also include any benefit
association, insurance company, safe deposit company, money-
market mutual fund, or similar entity authorized to do
business in any State.
``(C) The term `financial record' has the meaning given
such term in such section.''.
____________________