[Congressional Record Volume 159, Number 77 (Tuesday, June 4, 2013)]
[Senate]
[Pages S3958-S3960]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS (for himself, Mr. Rockefeller, and Ms. Collins):
  S. 1096. A bill to establish an Office of Rural Education Policy in 
the Department of Education; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. BAUCUS. Mr. President, in 1865, Horace Greeley wrote in the New 
York Tribune, ``Go West, young man, and grow up with the country.''
  For decades, Greeley's words captured the imagination of a country, 
and millions of families flocked to the West for a glimpse of the 
American dream. Rural America continues to thrive, and places like my 
home State of Montana offer an excellent place to raise a family. But 
there is a no question that rural and frontier America present unique 
circumstances that differ substantially from our more urban neighbors.
  While rural education is becoming an increasingly large and important 
part of the U.S. public school system, the unique challenges and 
opportunities within rural communities are often misunderstood or 
overlooked. According to the Digest of Education Statistics reported 
annually by the National Center for Education Statistics, the number of 
students attending rural schools increased by over 11 percent, from 
10.5 million in 2004 to nearly 11.7 million by 2008. Rural students now 
comprise almost one fourth of the Nation's public school enrollment. 
And nearly one-third of all schools in the nation are located in rural 
areas.
  Yet despite the significant percentage enrolled in rural schools, the 
importance of rural education is often obscured by the fact that rural 
students

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are--naturally--widely-dispersed, located in small, geographically 
isolated school districts. The size, diversity, and complexity of rural 
education support a greater policy focus on the unique challenges and 
solutions for rural education.
  Montana is the fourth largest State by land mass, totaling over 
147,000 square miles. More than half of Montana's 830 schools enroll 
less than 100 students. From Eureka to Ekalaka, from Scobey to Darby, 
these small schools dot the landscape, providing not only a learning 
environment but often a thriving community center.
  Montana's rural communities are doing an excellent job educating our 
next generation. Overall, Montana graduation rates are higher than the 
national average. Montana students taking the National Assessment of 
Educational Progress, NAEP, in 2011 scored higher than the national 
average in both reading and math.
  But despite the success of Montana's rural schools, they also face a 
unique set of challenges that their urban-centric peers may not even 
comprehend.
  For example, rural schools report greater difficulties in recruiting 
and retaining qualified teachers, due to inability to offer competitive 
salaries, geographic isolation, and for some, severe weather. Rural 
districts often have fewer personnel. The district superintendent is 
often also the high school principal. He or she may also be the Title I 
coordinator, the math curriculum specialist, and sometimes also the bus 
driver. In isolated areas, schools face challenges in providing 
professional development and training for teachers and principals. 
Small rural districts are often located long distances from other 
districts, towns, and universities, drastically reducing opportunities 
to partner or collaborate. Additionally, the long distances students 
must travel between school and home make it more difficult to 
participate in traditional remedial services, mentoring, and after-
school programs.
  And while Horace Greeley encouraged us to ``Go West'', many of the 
Department of Education's recent initiatives have failed to do just 
that. In the first two rounds of the Race to the Top competitive grant, 
only one State west of the Mississippi received funding.
  And in some cases, even good intentions have created adverse 
consequences. The first round of the Investing in Innovation, i3, 
competitive grant program provided ``competitive preference points'' 
for applicants serving at least one rural district, in an effort to 
encourage and support rural applicants. However, the Department's lack 
of guidance and independent scorers' lack of understanding of rural 
areas still left authentically rural programs at a clear disadvantage. 
The Rural School & Community Trust highlighted in its report Taking 
Advantage that this ``rural preference'' instead had the effect of 
inducing urban applicants to include minimal rural participation merely 
in order to gain the additional scoring points for primarily urban 
projects. While the Department has made strides to improve the 
competitive chances of rural applicants, funding under the I3 grant 
continues to be directed to more urban school districts.
  I am joined today by my colleagues Senator Rockefeller of West 
Virginia and Senator Collins of Maine in reintroducing the Office of 
Rural Education Policy Act. This bipartisan bill will establish the 
Office of Rural Education Policy, housed at the Department of 
Education's Office of Elementary & Secondary Education. This Office and 
its Director will be tasked with coordinating the activities related to 
rural education and advising the Secretary on issues important to rural 
schools and districts. The legislation requires the Department to 
consider the impact of proposed rules and regulations on rural 
education and to produce an annual report on the condition of rural 
education. The goal of this bill is to allow rural schools to focus 
their time and resources on students in the classroom rather than red 
tape in the bureaucracy.
  The Office of Rural Education Policy will be tasked with establishing 
a clearinghouse for collecting and disseminating information related to 
the unique challenges of rural areas, as well as, the innovative 
efforts underway in rural schools to tackle these challenges.
  We have received strong support from dozens of organizations, 
including: American Association of Community Colleges, American 
Association of School Administrators, Alliance for Excellent Education, 
Center for Rural Affairs, Coalition for Community Schools, Council for 
Opportunity in Education, Montana School Board Association, Montana 
State Superintendents Association, Montana Rural Education Association, 
National Association of Development Organizations, National Education 
Association, National Farmers Union, National School Board Association, 
Organizations Concerned about Rural Education, Rural School and 
Community Trust, and Save the Children. I want to thank all the 
supporters of the bill, and want to particularly thank the efforts of 
the Rural School and Community Trust for its steadfast commitment to 
this proposal.
  I look forward to working with my colleagues here in the Senate to 
move this legislation, to ensure our rural students and schools across 
the country are given a fair shake.
  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. 1096

       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 ``Office of Rural Education 
     Policy Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Secretary of Education has recognized that 
     ``[r]ural schools have unique challenges and benefits'', but 
     a recent report by the Rural School and Community Trust 
     refers to the ``paucity of rural education research in the 
     United States''.
       (2) Rural education is becoming an increasingly large and 
     important part of the United States public school system. 
     According to the Digest of Education Statistics reported 
     annually by the National Center for Education Statistics, the 
     number of students attending rural schools increased by more 
     than 11 percent, from 10,500,000 to nearly 11,700,000, 
     between the 2004-2005 and 2008-2009 school years. The share 
     of the Nation's public school enrollment attending rural 
     schools increased from 21.6 percent to 23.8 percent. In 
     school year 2008-2009, these students attended 31,635 rural 
     schools, nearly one-third of all schools in the United 
     States.
       (3) Despite the overall growth of rural education, rural 
     students represent a demographic minority in all but 3 
     States, according to the National Center for Education 
     Statistics.
       (4) Rural education is becoming increasingly diverse. 
     According to the National Center for Education Statistics, 
     the increase in rural enrollment between the 2004-2005 and 
     2008-2009 school years was disproportionally among students 
     of color. Enrollment of children of color in rural schools 
     increased by 31 percent, and the proportion of students 
     enrolled in rural schools who are children of color increased 
     from 23.0 to 26.5 percent. More than one-third of rural 
     students in 12 States are children of color, according to 
     research by the Rural School and Community Trust (Why Rural 
     Matters 2009).
       (5) Rural education is varied and diverse across the 
     Nation. In school year 2007-2008, the national average rate 
     of student poverty in rural school districts, as measured by 
     the rate of participation in federally subsidized meals 
     programs, was 39.1 percent, but ranged from 9.7 percent in 
     Connecticut to 71.9 percent in New Mexico, according to the 
     National Center for Education Statistics.
       (6) Even policy measures intended to help rural schools can 
     have unintended consequences. In awarding competitive grants 
     under the Investing in Innovation Fund program under section 
     14007 of the American Recovery and Reinvestment Act of 2009 
     (Public Law 111-5), the Secretary of Education attempted to 
     encourage and support rural applicants by providing 
     additional points for proposals to serve at least 1 rural 
     local educational agency. But according to research by the 
     Rural School and Community Trust (Taking Advantage, 2010), 
     this ``rural preference'' mainly had the effect of inducing 
     urban applicants to include rural participation merely in 
     order to gain additional scoring points for primarily urban 
     projects.
       (7) Rural schools generally utilize distance education more 
     often for both students and teachers. A fall 2008 survey of 
     public schools by the National Center for Education 
     Statistics found that rural schools were 1\1/2\ times more 
     likely to provide students access for online distance 
     learning than schools in cities. A September 2004 study from 
     the Government Accountability Office reported that rural 
     school districts used distance learning for teacher training 
     more often than non-rural school districts.
       (8) The National Center for Education Statistics reports 
     that base salaries of both the lowest and highest paid 
     teachers are lower in

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     rural schools than any other community type.
       (b) Purposes.--The purposes of this Act are--
       (1) to establish an Office of Rural Education Policy in the 
     Department of Education; and
       (2) to provide input to the Secretary of Education 
     regarding the impact of proposed changes in law, regulations, 
     policies, rules, and budgets on rural schools and 
     communities.

     SEC. 3. ESTABLISHMENT OF OFFICE OF RURAL EDUCATION POLICY.

       (a) In General.--Title II of the Department of Education 
     Organization Act (20 U.S.C. 3411 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 221. OFFICE OF RURAL EDUCATION POLICY.

       ``(a) In General.--There shall be, in the Office of 
     Elementary and Secondary Education of the Department, an 
     Office of Rural Education Policy (referred to in this section 
     as the `Office').
       ``(b) Director; Duties.--
       ``(1) In general.--The Office shall be headed by a 
     Director, who shall advise the Secretary on the 
     characteristics and needs of rural schools and the effects of 
     current policies and proposed statutory, regulatory, 
     administrative, and budgetary changes on State educational 
     agencies, and local educational agencies, that serve schools 
     with a locale code of 32, 33, 41, 42, or 43, as determined by 
     the Secretary.
       ``(2) Additional duties of the director.--In addition to 
     advising the Secretary with respect to the matters described 
     in paragraph (1), the Director of the Office of Rural 
     Education Policy (referred to in this section as the 
     `Director'), through the Office, shall--
       ``(A) establish and maintain a clearinghouse for collecting 
     and disseminating information on--
       ``(i) teacher and principal recruitment and retention at 
     rural elementary schools and rural secondary schools;
       ``(ii) access to, and implementation and use of, technology 
     and distance learning at such schools;
       ``(iii) rigorous coursework delivery through distance 
     learning at such schools;
       ``(iv) student achievement at such schools, including the 
     achievement of low-income and minority students;
       ``(v) innovative approaches in rural education to increase 
     student achievement;
       ``(vi) higher education and career readiness and secondary 
     school completion of students enrolled in such schools;
       ``(vii) access to, and quality of, early childhood 
     development for children located in rural areas;
       ``(viii) access to, or partnerships with, community-based 
     organizations in rural areas;
       ``(ix) the availability of professional development 
     opportunities for rural teachers and principals;
       ``(x) the availability of Federal and other grants and 
     assistance that are specifically geared or applicable to 
     rural schools; and
       ``(xi) the financing of such schools;
       ``(B) identify innovative research and demonstration 
     projects on topics of importance to rural elementary schools 
     and rural secondary schools, including gaps in such research, 
     and recommend such topics for study by the Institute of 
     Education Sciences and other research agencies;
       ``(C) coordinate the activities within the Department that 
     relate to rural education;
       ``(D) provide information to the Secretary and others in 
     the Department with respect to the activities of other 
     Federal departments and agencies that relate to rural 
     education, including activities relating to rural housing, 
     rural agricultural services, rural transportation, rural 
     economic development, rural career and technical training, 
     rural health care, rural disability services, and rural 
     mental health;
       ``(E) coordinate with the Bureau of Indian Education, the 
     Bureau of Indian Affairs, the Department of the Interior, and 
     the schools administered by such agencies regarding rural 
     education;
       ``(F) provide, directly or through grants, cooperative 
     agreements, or contracts, technical assistance and other 
     activities as necessary to support activities related to 
     improving education in rural areas; and
       ``(G) produce an annual report on the condition of rural 
     education that is delivered to the members of the Education 
     and the Workforce Committee of the House of Representatives 
     and the Health, Education, Labor, and Pensions Committee of 
     the Senate and published on the Department's Web site.
       ``(c) Impact Analyses of Rules and Regulations on Rural 
     Schools.--
       ``(1) Proposed rulemaking.--Whenever the Secretary 
     publishes a general notice of proposed rulemaking for any 
     rule or regulation that may have a significant impact on 
     State educational agencies or local educational agencies 
     serving schools with a locale code of 32, 33, 41, 42, or 43, 
     as determined by the Secretary, the Secretary (acting through 
     the Director) shall prepare and make available for public 
     comment an initial regulatory impact analysis. Such analysis 
     shall describe the impact of the proposed rule or regulation 
     on such State educational agencies and local educational 
     agencies and shall set forth, with respect to such agencies, 
     the matters required under section 603 of title 5, United 
     States Code, to be set forth with respect to small entities. 
     The initial regulatory impact analysis (or a summary) shall 
     be published in the Federal Register at the time of the 
     publication of general notice of proposed rulemaking for the 
     rule or regulation.
       ``(2) Final rule.--Whenever the Secretary promulgates a 
     final version of a rule or regulation with respect to which 
     an initial regulatory impact analysis is required by 
     paragraph (1), the Secretary (acting through the Director) 
     shall prepare a final regulatory impact analysis with respect 
     to the final version of such rule or regulation. Such 
     analysis shall set forth, with respect to State educational 
     agencies and local educational agencies serving schools with 
     a locale code of 32, 33, 41, 42, or 43, as determined by the 
     Secretary, the matters required under section 604 of title 5, 
     United States Code, to be set forth with respect to small 
     entities. The Secretary shall make copies of the final 
     regulatory impact analysis available to the public and shall 
     publish, in the Federal Register at the time of publication 
     of the final version of the rule or regulation, a statement 
     describing how a member of the public may obtain a copy of 
     such analysis.
       ``(3) Regulatory flexibility analysis.--If a regulatory 
     flexibility analysis is required by chapter 6 of title 5, 
     United States Code, for a rule or regulation to which this 
     subsection applies, such analysis shall specifically address 
     the impact of the rule or regulation on State educational 
     agencies and local educational agencies serving schools with 
     a locale code of 32, 33, 41, 42, or 43, as determined by the 
     Secretary.''.
       (b) Effective Date.--Section 221(c) of the Department of 
     Education Organization Act, as added by subsection (a), shall 
     apply to regulations proposed more than 30 days after the 
     date of enactment of this Act.

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