[Congressional Record Volume 157, Number 38 (Monday, March 14, 2011)]
[Senate]
[Pages S1603-S1605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CONRAD (for himself and Ms. Collins):
  S. 567. A bill to amend the small, rural school achievement program 
and the rural and low-income school program under part B of title VI of 
the Elementary and Secondary Education Act of 1965; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. CONRAD. Mr. President. I am pleased to be joined by my colleague, 
Senator Collins, as we introduce the REAP Reauthorization Act of 2011. 
Nearly one-third of America's public schools are in rural places, and 
23 percent of our students attend these schools. Unfortunately, the 
unique nature of rural schools creates significant challenges as they 
work to meet federal education requirements.
  Geographic isolation, diseconomies of scale, and poverty are some the 
challenges commonly cited as major barriers to education delivery in 
rural places. Unfortunately, Federal education funding programs--which 
are often based on population--do not provide adequate resources for 
rural schools to overcome these obstacles and meet programmatic 
requirements. Additionally, rural school districts often forgo federal 
education dollars because they lack the capacity to apply for 
competitive grants.
  Senator Collins and I began working together a decade ago to ensure 
equity for rural schools. With bipartisan support, we successfully 
fought to include the original Rural Education Achievement Program--
otherwise known as REAP--in the No Child Left Behind Act.
  To date, REAP is the only source of federal funding dedicated to 
helping

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rural school districts overcome financial inequality caused by 
geographic isolation and poverty. REAP dollars make a critical 
difference in rural States like North Dakota, where schools with 
graduating classes of five try to enact the same education reforms and 
provide ash same opportunities as those provided by schools with 
graduating classes of 500. Since its creation, REAP has provided rural 
schools with flexibility and over $1.5 billion to carry out Federal 
education programs.
  With the pending reauthorization of the Elementary and Secondary 
Education Act, we are reintroducing our REAP Reauthorization Act in the 
112th Congress. The REAP Reauthorization Act makes improvements to the 
Rural Education Achievement Program that will more closely target 
Federal resources to geographically isolated and high-poverty rural 
districts.
  The program-wide changes made in this bill will provide many 
districts with access to necessary resources by allowing eligible 
districts that do not receive funds under the Small Rural Schools 
Program to participate in the Rural Low Income Schools Program. Our 
bill also incorporates new locale codes to make the program consistent 
with those developed by the National Center for Education Statistics.
  Additionally, the bill makes program-specific improvements to the 
Small, Rural School Achievement Program to increase minimum and maximum 
grant allocations when REAP is funded at $200 million or above. Lastly, 
our REAP Reauthorization proposal incorporates a more accurate 
measurement of poverty to determine eligibility for the Rural and Low-
Income Schools Program. With these changes, more school districts and 
students in rural America will benefit from REAP resources.
  I am pleased that Senator Collins is joining me again this year as an 
original cosponsor of this bill, and I look forward to working with my 
colleagues to pass this important legislation.
  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. 567

       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 ``Rural Education Achievement 
     Program Reauthorization Act of 2011''.

     SEC. 2. SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM.

       Sections 6211 and 6212 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7345, 7345a) are amended to 
     read as follows:

     ``SEC. 6211. USE OF APPLICABLE FUNDING.

       ``(a) Alternative Uses.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, an eligible local educational agency may use the 
     applicable funding that the agency is eligible to receive 
     from the State educational agency for a fiscal year to carry 
     out local activities authorized under any of the following 
     provisions:
       ``(A) Part A of title I.
       ``(B) Part A or D of title II.
       ``(C) Title III.
       ``(D) Part A or B of title IV.
       ``(E) Part A of title V.
       ``(2) Notification.--An eligible local educational agency 
     shall notify the State educational agency of the local 
     educational agency's intention to use the applicable funding 
     in accordance with paragraph (1), by a date that is 
     established by the State educational agency for the 
     notification.
       ``(b) Eligibility.--
       ``(1) In general.--A local educational agency shall be 
     eligible to use the applicable funding in accordance with 
     subsection (a) if--
       ``(A)(i)(I) the total number of students in average daily 
     attendance at all of the schools served by the local 
     educational agency is fewer than 600; or
       ``(II) each county in which a school served by the local 
     educational agency is located has a total population density 
     of fewer than 10 persons per square mile; and
       ``(ii) all of the schools served by the local educational 
     agency are designated with a school locale code of Fringe 
     Rural, Distant Rural, or Remote Rural, as determined by the 
     Secretary; or
       ``(B) the agency meets the criteria established in 
     subparagraph (A)(i) and the Secretary, in accordance with 
     paragraph (2), grants the local educational agency's request 
     to waive the criteria described in subparagraph (A)(ii).
       ``(2) Certification.--The Secretary shall determine whether 
     to waive the criteria described in paragraph (1)(A)(ii) based 
     on a demonstration by the local educational agency, and 
     concurrence by the State educational agency, that the local 
     educational agency is located in an area defined as rural by 
     a governmental agency of the State.
       ``(c) Applicable Funding Defined.--In this section, the 
     term `applicable funding' means funds provided under any of 
     the following provisions:
       ``(1) Subpart 2 and section 2412(a)(2)(A) of title II.
       ``(2) Section 4114.
       ``(3) Part A of title V.
       ``(d) Disbursement.--Each State educational agency that 
     receives applicable funding for a fiscal year shall disburse 
     the applicable funding to local educational agencies for 
     alternative uses under this section for the fiscal year at 
     the same time as the State educational agency disburses the 
     applicable funding to local educational agencies that do not 
     intend to use the applicable funding for such alternative 
     uses for the fiscal year.
       ``(e) Applicable Rules.--Applicable funding under this 
     section shall be available to carry out local activities 
     authorized under subsection (a).

     ``SEC. 6212. GRANT PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to eligible local educational agencies to enable the 
     local educational agencies to carry out activities authorized 
     under any of the following provisions:
       ``(1) Part A of title I.
       ``(2) Part A or D of title II.
       ``(3) Title III.
       ``(4) Part A or B of title IV.
       ``(5) Part A of title V.
       ``(b) Allocation.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Secretary shall award a grant under subsection (a) to a local 
     educational agency eligible under section 6211(b) for a 
     fiscal year in an amount equal to the initial amount 
     determined under paragraph (2) for the fiscal year minus the 
     total amount received by the agency under the provisions of 
     law described in section 6211(c) for the preceding fiscal 
     year.
       ``(2) Determination of initial amount.--
       ``(A) In general.--The initial amount referred to in 
     paragraph (1) is equal to $100 multiplied by the total number 
     of students in excess of 50 students, in average daily 
     attendance at the schools served by the local educational 
     agency, plus $20,000, except that the initial amount may not 
     exceed $60,000.
       ``(B) Special rule.--For any fiscal year for which the 
     amount made available to carry out this part is $100,000,000 
     or more, subparagraph (A) shall be applied--
       ``(i) by substituting `$25,000' for `$20,000'; and
       ``(ii) by substituting `$80,000' for `$60,000'.
       ``(3) Ratable adjustment.--
       ``(A) In general.--If the amount made available to carry 
     out this section for any fiscal year is not sufficient to pay 
     in full the amounts that local educational agencies are 
     eligible to receive under paragraph (1) for such year, the 
     Secretary shall ratably reduce such amounts for such year.
       ``(B) Additional amounts.--If additional funds become 
     available for making payments under paragraph (1) for such 
     fiscal year, payments that were reduced under subparagraph 
     (A) shall be increased on the same basis as such payments 
     were reduced.
       ``(c) Disbursement.--The Secretary shall disburse the funds 
     awarded to a local educational agency under this section for 
     a fiscal year not later than July 1 of that fiscal year.
       ``(d) Special Eligibility Rule.--A local educational agency 
     that receives a grant under this subpart for a fiscal year is 
     not eligible to receive funds for such fiscal year under 
     subpart 2.''.

     SEC. 3. RURAL AND LOW-INCOME SCHOOL PROGRAM.

       Section 6221 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7351) is amended to read as follows:

     ``SEC. 6221. PROGRAM AUTHORIZED.

       ``(a) Grants to States.--
       ``(1) In general.--From amounts appropriated under section 
     6234 for this subpart for a fiscal year that are not reserved 
     under subsection (c), the Secretary shall award grants (from 
     allotments made under paragraph (2)) for the fiscal year to 
     State educational agencies that have applications submitted 
     under section 6223 approved to enable the State educational 
     agencies to award grants to eligible local educational 
     agencies for local authorized activities described in section 
     6222(a).
       ``(2) Allotment.--From amounts described in paragraph (1) 
     for a fiscal year, the Secretary shall allot to each State 
     educational agency for that fiscal year an amount that bears 
     the same ratio to those amounts as the number of students in 
     average daily attendance served by eligible local educational 
     agencies in the State for that fiscal year bears to the 
     number of all such students served by eligible local 
     educational agencies in all States for that fiscal year.
       ``(3) Specially qualified agencies.--
       ``(A) Eligibility and application.--If a State educational 
     agency elects not to participate in the program under this 
     subpart or does not have an application submitted under 
     section 6223 approved, a specially qualified agency in such 
     State desiring a grant under this subpart may submit an 
     application under such section directly to the Secretary to 
     receive an award under this subpart.
       ``(B) Direct awards.--The Secretary may award, on a 
     competitive basis or by formula,

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     the amount the State educational agency is eligible to 
     receive under paragraph (2) directly to a specially qualified 
     agency in the State that has submitted an application in 
     accordance with subparagraph (A) and obtained approval of the 
     application.
       ``(C) Specially qualified agency defined.--In this subpart, 
     the term `specially qualified agency' means an eligible local 
     educational agency served by a State educational agency that 
     does not participate in a program under this subpart in a 
     fiscal year, that may apply directly to the Secretary for a 
     grant in such year under this subsection.
       ``(b) Local Awards.--
       ``(1) Eligibility.--A local educational agency shall be 
     eligible to receive a grant under this subpart if--
       ``(A) 40 percent or more of the children ages 5 through 17 
     years served by the local educational agency are eligible for 
     a free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act; and
       ``(B) all of the schools served by the agency are 
     designated with a school locale code of Distant Town, Remote 
     Town, Fringe Rural, Distant Rural, or Remote Rural, as 
     determined by the Secretary.
       ``(2) Award basis.--A State educational agency shall award 
     grants to eligible local educational agencies--
       ``(A) on a competitive basis;
       ``(B) according to a formula based on the number of 
     students in average daily attendance served by the eligible 
     local educational agencies or schools in the State; or
       ``(C) according to an alternative formula, if, prior to 
     awarding the grants, the State educational agency 
     demonstrates, to the satisfaction of the Secretary, that the 
     alternative formula enables the State educational agency to 
     allot the grant funds in a manner that serves equal or 
     greater concentrations of children from families eligible for 
     a free or reduced price lunch under the Richard B. Russell 
     National School Lunch Act, relative to the concentrations 
     that would be served if the State educational agency used the 
     formula described in subparagraph (B).
       ``(c) Reservations.--From amounts appropriated under 
     section 6234 for this subpart for a fiscal year, the 
     Secretary shall reserve--
       ``(1) one-half of 1 percent to make awards to elementary 
     schools or secondary schools operated or supported by the 
     Bureau of Indian Affairs, to carry out the activities 
     authorized under this subpart; and
       ``(2) one-half of 1 percent to make awards to the outlying 
     areas in accordance with their respective needs, to carry out 
     the activities authorized under this subpart.
       ``(d) Special Eligibility Rule.--A local educational agency 
     that is eligible to receive a grant under this subpart and is 
     also eligible to receive a grant under subpart 1, may receive 
     a grant under this subpart for a fiscal year only if the 
     local educational agency does not receive a grant under 
     subpart 1 for such fiscal year.''.

  Ms. COLLINS. Mr. President, I rise today to speak about a program 
designed to address the unique needs of rural schools. The Rural 
Education Achievement Program, or REAP, is designed to help level the 
playing field for small and high-poverty rural school systems. It is 
the only dedicated Federal funding stream to aid rural school districts 
in overcoming the increased expenses caused by geographic isolation.
  Nearly one-third of America's public schools are in rural places, and 
more than 21 percent of our public school students attend these 
schools. Students in rural America should have the same access to 
Federal dollars and a good education as those students who attend 
school in urban and suburban communities. For this reason, I worked 
with Senator Kent Conrad in 2001 to author the law creating the REAP 
program. REAP created two grant programs including the Small and Rural 
Schools Achievement Program, SRSA, which provides additional funding 
and flexibility to small rural school districts, and the Rural and Low-
Income School Program, RLIS, which provides additional funding for poor 
rural school districts.
  Prior to enactment of this law, rural school districts received funds 
calculated on school enrollment. In many of these districts, Federal 
formula programs, which are based on population, do not produce enough 
resources to carry out the purposes the grant is intended to fund. One 
school district in Maine, for example, received only $28 in 2001 to 
fund a districtwide safe and drug-free school program.
  In addition, small and rural school districts often forgo Federal 
education dollars because they lack the personnel and the resources to 
apply for competitive grants. Having fewer personnel also creates 
additional challenges in providing professional development 
opportunities. Small rural districts are often located long distances 
from other districts, towns, and universities, drastically reducing 
opportunities to partner or collaborate. By allowing rural school 
districts to combine funds, as well as providing additional funds, REAP 
gives these districts the levels of resources required to undertake 
significant reform. Funds from this program have already helped to 
support new technology in classrooms, distance learning opportunities, 
and professional development activities, as well as a vast array of 
other programs which will help rural districts make progress towards 
the goals of the No Child Left Behind Act.
  In 2007 and 2009, along with Senator Conrad, I cosponsored 
legislation to reauthorize this important program. Unfortunately, no 
action has been taken. The REAP Reauthorization Act of 2011 would 
reauthorize and enact a few focused changes to the law. These changes 
will allow Federal funds to be even more closely targeted to 
geographically isolated districts. One important change will allow 
program eligible districts to participate in the Rural and Low-Income 
School Program if they would not receive financial benefits from the 
Small and Rural Schools Achievement Program.
  Education is an essential driver for economic development. This rings 
true especially in rural America, where schools are the linchpin of 
rural communities. I am encouraged to see that the Maine School 
Management Association has spoken in support of the REAP 
Reauthorization Act of 2011. As cochair of the Senate Rural Education 
Caucus, I will continue to work towards our goal of advancing the 
educational interests of rural schools and districts.
  Mr. President. I ask unanimous consent to have printed in the Record 
a letter from the Maine School Management Association.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      Maine School


                                       Management Association,

                                    Augusta, Maine, March 1, 2011.
     Re Reauthorization of REAP.

     Hon. Susan Collins,
     U.S. Senate,
     Washington, DC.
       Dear Senator Collins: The Maine School Boards Association 
     and the Maine School Superintendents Association want to 
     thank you for your continued sponsorship of the REAP Program. 
     Specifically, our Associations are pleased to support the 
     2011 Reauthorization of REAP. Throughout the years, REAP 
     funding has helped to provide equity for many small schools 
     in Maine and our expectation is that will continue with this 
     Reauthorization.
       Both, the National School Boards Association and the 
     American Association of School Administrators also are 
     supportive of the Reauthorization of REAP.
       The Maine School Boards Association and the Maine School 
     Superintendents Association appreciate your continued support 
     for public education. We want to commend you for your 
     willingness to pay attention to various legislative issues 
     that may impact Maine public schools. We also want to praise 
     your staff for their expertise and accessibility to our 
     organizations. As always, our Associations are available as a 
     resource to you and to your staff.
       Thank you again.
           Sincerely,
                                                     Terry McCabe,
                                     Associate Executive Director.
                                 ______