[Congressional Record Volume 160, Number 69 (Thursday, May 8, 2014)]
[House]
[Pages H3961-H3968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONSIDERATION OF H.R. 10, SUCCESS AND OPPORTUNITY THROUGH
QUALITY CHARTER SCHOOLS ACT; RELATING TO CONSIDERATION OF H.R. 4438,
AMERICAN RESEARCH AND COMPETITIVENESS ACT OF 2014; AND FOR OTHER
PURPOSES
Ms. FOXX. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 576 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 576
Resolved, That at any time after adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 10) to amend the charter school program under
the Elementary and Secondary Education Act of 1965. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived. General
debate shall be confined to the bill and shall not exceed 90
minutes equally divided and controlled by the chair and
ranking minority member of the Committee on Education and the
Workforce. After general debate the bill shall be considered
for amendment under the five-minute rule. It shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on
Education and the Workforce now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered as read. All points of order against the committee
amendment in the nature of a substitute are waived. No
amendment to the committee amendment in the nature of a
substitute shall be in order except those printed in part A
of the report of the Committee on Rules accompanying this
resolution. Each such amendment may be offered only in the
order printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, shall
be debatable for the time specified in the report equally
divided and controlled by the proponent and an opponent,
shall not be subject to amendment, and shall not be subject
to a demand for division of the question in the House or in
the Committee of the Whole. All points of order against such
amendments are waived. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or to the committee amendment in the nature of a
substitute. The previous question shall be considered as
ordered on the bill and amendments thereto to final passage
without intervening motion except one motion to recommit with
or without instructions.
Sec. 2. On any legislative day during the period from May
12, 2014, through May 16, 2014--
(a) the Journal of the proceedings of the previous day
shall be considered as approved; and
(b) the Chair may at any time declare the House adjourned
to meet at a date and time, within the limits of clause 4,
section 5, article I of the Constitution, to be announced by
the Chair in declaring the adjournment.
Sec. 3. The Speaker may appoint Members to perform the
duties of the Chair for the duration of the period addressed
by section 2 of this resolution as though under clause 8(a)
of rule I.
Sec. 4. It shall be in order at any time on the
legislative day of May 8, 2014, for the Speaker to entertain
motions that the House suspend the rules, as though under
clause 1 of rule XV, relating to the bill (H.R. 4366) to
strengthen the Federal education research system to make
research and evaluations more timely and relevant to State
and local needs in order to increase student achievement.
Sec. 5. The Committee on Appropriations may, at any time
before 5 p.m. on Thursday, May 15, 2014, file privileged
reports to accompany measures making appropriations for the
fiscal year ending September 30, 2015.
Sec. 6. During consideration of the bill (H.R. 4438) to
amend the Internal Revenue Code of 1986 to simplify and make
permanent the research credit, pursuant to House Resolution
569, the further amendment printed in part B of the report of
the Committee on Rules accompanying this resolution shall be
considered as adopted.
Sec. 7. House Resolution 569 is amended by striking ``90
minutes'' and inserting ``one hour''.
The SPEAKER pro tempore. The gentlewoman from North Carolina is
recognized for 1 hour.
Ms. FOXX. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Colorado (Mr. Polis),
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for the purpose
of debate only.
{time} 1345
General Leave
Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Mr. Speaker, House Resolution 576 provides for a structured
rule providing for the consideration of H.R. 10, the Success and
Opportunity through Quality Charter Schools Act.
My colleagues on the House Education and the Workforce Committee and
I have been working to reauthorize the Elementary and Secondary
Education Act; and to that end, the House passed H.R. 5, the Student
Success Act, last July.
Our efforts in reauthorization have centered on four principles:
reducing the Federal footprint in education, empowering parents,
supporting effective teachers, and restoring local control. H.R. 10,
the Success and Opportunity through Quality Charter Schools Act, takes
a small bipartisan step in the reauthorization process and ensures that
local communities have the flexibility needed to meet the needs of
their students.
While H.R. 5 is languishing in the Senate, the House remains
committed to continuing its work and has broken out the charter school
programs as an area of agreement between House Republicans and
Democrats.
Despite good intentions, there is widespread agreement that the
current
[[Page H3962]]
law is no longer effectively serving students. My hope is that, after
the House passes H.R. 10 this week, our Senate colleagues will follow
our lead and will provide the same opportunity to their Members to work
together in a bipartisan, bicameral fashion and pass this legislation.
Mr. Speaker, a few weeks ago, I had the opportunity to visit a
remarkable public school in Kernersville, North Carolina. In addition
to preparing students academically for college, the North Carolina
Leadership Academy, a charter school, is publicly committed to giving
students ``the opportunity to develop true leadership qualities and
become creative thinkers and problem-solvers while retaining a sense of
responsibility for their families, their community, and their
country.''
It was a privilege to spend time with the remarkable students and
faculty of this public charter school. I was truly impressed by their
commitment to scholarship, by the leadership skills of the students and
by the remarkable academic progress that was on display.
All NCLA students in grades 7-12 participate in Civil Air Patrol, a
program established by Congress in 1946 that uses military-style
uniforms, customs, courtesies, ceremonies, and drill in order to
improve students' leadership skills, fitness, and character.
This program is working. NCLA places a strong emphasis on family
involvement, and the level of commitment demonstrated by parents,
families, and the Piedmont community at large was impressive.
H.R. 10 will empower States and local communities to replicate the
success of high-quality charter schools like NCLA and encourage choice,
innovation, and excellence in education. I urge my colleagues to
support this rule and the underlying bill.
I reserve the balance of my time.
Mr. POLIS. I thank the gentlelady from North Carolina for yielding me
the customary 30 minutes, and I yield myself such time as I may
consume.
Mr. Speaker, we had the opportunity to have a clean rule around a
bill that I had the opportunity to work on, along with the gentlelady
from North Carolina and with our ranking member and chair, with regards
to taking what we can agree on in education, which is reauthorizing the
Federal Charter School Program.
We had similar language in both the Republican ESEA reauthorization,
as well as in the Democratic substitute. Most Republicans voted for the
version that they had, and almost every Democrat, except for two, voted
for the Democratic version.
We were able to then work out the very small differences between the
two pieces of language with regard to charter schools, present it
before the entire House under a reasonable rule that allows for a broad
variety of amendments--12 amendments--from both sides of the aisle,
many of which improve the bill and some of which I oppose, but which
are, by no means, fatal to the bill. The process fundamentally works.
Unfortunately, in this rule, we have now had to alter the way that we
are dealing with another unrelated, unpaid-for effort, namely, a bill
that could add $155.5 billion to our deficit because of the extension
of the R&D tax credit.
Essentially, under the initial effort, the Republicans failed to
waive their statutory PAYGO rules. What that means is that they failed
to say: we don't have to pay for this bill. They failed to say: this
bill will add to the deficit. In a few moments, my colleague, Mr. Van
Hollen, will explain what that means.
What the American people need to know is that this rule prevents
Congress from doing fake math, and it essentially acknowledges that the
Republican proposal to extend the R&D tax credit would be a deficit
buster and increase our deficit by $155.5 billion.
It takes away any pretension that somehow this bill would be paid for
by some other mechanism; so while the amendments allowed in the content
of the bill with regard to charter schools, which I will talk about in
a moment, are largely noncontroversial and enjoy support from both
sides of the aisle, the budgetary pretense that is removed from this
bill, which reveals that the Republican proposal on the R&D tax credit
increases our deficit by $150 billion, is a controversial element that
now occurs in this same rule.
I now want to talk about the Success and Opportunity through Quality
Charter Schools Act. This important bipartisan bill improves and
modernizes the Federal Charter Schools Program.
We essentially established a 2.0 version 14 years later, in having
learned a lot about what works and doesn't work in the field with
regard to public charter schools. We promote equity in opportunity for
our students across our country.
I am very pleased and honored that many of the important aspects of
the bipartisan bill that I have had the honor to lead, the All-STAR
Act, have been included in this underlying bill, as well as almost all
of the priorities for the Democrats and Republicans.
When Congress first authorized the Charter Schools Program in 1994,
charter schools were very early in their existence. They were an
emerging effort to encourage innovation in our public schools.
Public charter schools with the ability to make site-based
decisions--and that is essentially what charter schools are, they are
public schools with site-based management--now serve more than 2
million students in 42 States and in the District of Columbia.
Sadly, there are over 600,000 students who remain on public charter
school waiting lists, unable to attend the schools of their choice.
The promise of public charter schools is that they are free to be
innovative when it comes to instruction, scheduling, time-on-task,
policies, mission, and hours. Because they have site-based management,
rather than being run by a larger entity like a district or a
State, they have the flexibility to do what it takes to meet the needs
of parents in their communities.
Public charter schools don't charge tuition, nor do they have any
entrance requirements, nor are they allowed to discriminate against
students on any basis. This bill goes a step further in ensuring
transparency and accountability for charter schools to allay the
concerns of some on my side of the aisle that they are not fully
compliant with many of these areas.
The Charter Schools Program is a crucial lifeline for growing and
replicating successful models. Charter school programs are critical to
ensuring that every child in this country, regardless of ZIP code or
economic background, has access to a free, quality education, which is
more important than ever in order for one to succeed in the 21st
century.
I am proud to say that H.R. 10, which will be considered under this
rule, passed the Committee on Education and the Workforce with a very
strong, bipartisan vote of 36-3. This is an example of a bill that has
gotten better every step of the way.
A similar bill in the 112th Congress passed overwhelmingly with over
350 votes. Better language with regard to charter schools was included
in both the Republican version of the ESEA reauthorization, as well as
in the Democratic substitute.
Now, we have a stand-alone bill before us which takes the very best
of both, the bill that was in the Republican version and in the
Democratic version. It builds on it, and it creates a Federal charter
school program that, truly, Democrats and Republicans can be proud of
as a legacy for the next decade.
Having founded two innovative public charter schools before I was
elected to Congress, I understand firsthand how the freedom to innovate
and having the flexibility to pursue a unique mission can truly help
serve all kids.
Without the Federal charter school program, many charter schools
across our country wouldn't even be able to get off the ground. We owe
it to kids who are being underserved or who are unserved today to be
able to upgrade this program and ensure it can meet the challenges of
the 21st century.
I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
I want to take the opportunity to thank my colleague from Colorado
for the work that he has done on charter schools, for understanding the
very important nature of charter schools and for bringing his expertise
to this issue.
I also want to thank him for acknowledging the bipartisan effort that
has gone into bringing this legislation to the floor and for the very
good way
[[Page H3963]]
that we have gone through regular order to bring this bill to the
floor. I appreciate that little history that he has given us.
I now would like to yield 2 minutes to the gentleman from Washington
(Mr. Reichert), my classmate and colleague.
Mr. REICHERT. I thank the gentlelady for yielding.
Mr. Speaker, I support charter schools--I want to be clear about
that--and I support this bill. However, I also believe that families
should be able to choose schools within the public system that best
meet their needs.
When it comes to students' education, we definitely know that one
size does not fit all. The same is true for charter schools. Different
systems work better for different communities.
We agree that it is wrong when the administration forces its vision
for education reform on the States through grant programs, like Race to
the Top, but that means it is equally wrong when Congress uses grant
programs to do exactly the same thing.
This bill seeks to force States to remove existing caps on charter
schools by giving priority to grant applications from States that do
not have caps.
By doing this, Congress is punishing 20 States and Washington, D.C.,
whose charter laws have caps, including my home State of Washington.
There may be legitimate reasons these States have caps, but this bill
doesn't recognize that. Charter schools for the sake of having charter
schools definitely is not the answer. It won't help students.
That is why I am extremely disappointed that my bipartisan amendment
was not made in order. It would have simply removed the provision that
punishes certain State-designed charter systems, allowing States to
compete equally for grants.
As the voice of the people, Congress should do better than the
unelected bureaucrats down the street at the Education Department.
Let's start saying ``no'' to top-down education reform and ``yes'' to
states' rights.
Mr. POLIS. Mr. Speaker, I am proud to yield 4 minutes to the
gentleman from Maryland (Mr. Van Hollen), the distinguished ranking
member of the Committee on the Budget.
{time} 1400
Mr. VAN HOLLEN. Mr. Speaker, I thank my colleague.
I want to start by congratulating the bipartisan effort on the
charter school bills. I thank Mr. Polis for his leadership on that. And
I wish that was all there was to say about this rule. Unfortunately, it
is not.
You might think this rule was only about charter schools. The title
is, Success and Opportunity Through Quality Charter Schools Act. But
then if you turn a couple pages in, you will find in paragraph 13 a
reference to H.R. 4438. That is not the charter school bill. That is
what we call the research and development tax credit bill.
So why is it here in this rule on charter schools, and why does it
reference part B of the rule in front of us now, which says that the
budgetary effects of this act shall not be entered on either the PAYGO
scorecard--and it goes on to say some other things?
Well, the PAYGO scorecard has nothing to do with charter schools. It
does have something to do with the R&D tax credit. And I want to
explain to people what has happened here because it is important that
the public know.
Last night, we were scheduled to have the debate on a bill to extend
the R&D tax credit law. We were all ready to go, and all of a sudden
the debate stopped and the plug was pulled.
And so I have got to say something for a second about this research
and tax development credit.
I think the idea of extending the R&D tax credit bill is broadly
supported. That is not the issue on the tax credit bill. The issue is a
permanent extension that is not paid for.
There are a number of other bills coming out of the Ways and Means
Committee. When you add them all up, they add $310 billion to our
deficit. Unpaid for. Put it on our credit card.
It is kind of interesting, Mr. Speaker, because it was only about 3
or 4 weeks ago that here on the floor of this House we had a debate on
the Republican budget and they told us the number one priority was to
reduce that deficit. Yet now we have a bunch of bills that say let's
put it on the credit card.
And, Mr. Speaker, you know that at the end of the day, we all have to
pay when we put it on our credit card.
We pointed out that if you don't pay for it by closing some other
special interest tax breaks, like tax breaks for big oil companies,
someone else is going to have to pay.
Now what we didn't realize is that the Republican plan as of last
night was to pay for the R&D tax credit extension by cutting Medicare,
Mr. Speaker. Because their failure to come up with offsets in the bill
meant that current law would continue in effect.
In the past, we have turned off the trigger that says it is paid for
by a sequester to a number of programs, the biggest being Medicare. But
our Republican colleagues didn't turn it off.
So when they decided not to pay for the R&D tax credit in the bill
and decided not to turn off the sequester, what they were aiming for
was to have Medicare pay for that tax extender and to ask the people
who depend on that program to foot the bill for the R&D tax credit.
Well, Mr. Speaker, we blew the whistle on that issue last night. We
saw our colleagues go scampering back to the Rules Committee to change
it.
We will talk a little later today, but the bottom line is the same.
When you put stuff on the credit card, someone pays the piper at the
end of the day.
We have proposed paying for it, in part, by closing some of the
wasteful special interest tax loopholes in the Code. We think the R&D
tax credit is a pro-growth policy, but subsidies to big oil companies;
no.
And so, because our Republican colleagues don't want to pay for it in
the bill, they are going to increase the deficit. In fact, the rule
yesterday waived the rules of the House. Because the R&D tax credit
bill was inconsistent with the Republicans' own budget.
The budget that was passed 3 or 4 weeks ago, it is inconsistent with
it. Even under the Enron accounting in that budget, it throws it out of
balance. Our Republican colleagues need to know that. You are putting
it on the credit card. At the end of the day, that means if you are not
going to ask Medicare to pay for it, which apparently had been the
original plan, you are going to be cutting our kids' education, you are
going to be cutting research at places like the National Institutes of
Health that try to find cures and treatments for diseases. You are
going to be letting the infrastructure of this country come to a halt.
In fact, the budget calls for allowing the transportation trust fund to
go insolvent.
That is what happens when you refuse to take fiscal responsibility
and pay for things.
It was interesting to discover that the plan last night was to allow
the Medicare cut to go into effect to pay for it. We are glad we are
not doing that anymore.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. POLIS. I yield the gentleman an additional 30 seconds.
Mr. VAN HOLLEN. We are glad that after we called attention to that
issue, our Republican colleagues realized that it was not a good idea
to have an across-the-board cut in Medicare to pay for business tax
incentives. We are glad they woke up to that fact.
But the underlying report here is going to remain the same. Putting
$310 billion on the credit card, someone has got to pay. We should take
the responsibility in this House to figure out how we are going to do
it.
We put forward proposals as to how to do it. Unfortunately, despite
having passed a budget a couple of weeks ago, they are now waiving
their rules on their own budget for these purposes.
I look forward to the conversation later today.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Yesterday, our Democratic colleagues in the Rules Committee properly
notice that had the R&D bill would have inadvertently triggered
automatic cuts to other programs to offset the bill. We appreciate the
spirit of comity that existed and that brought that to our attention.
H. Res. 576 ensures that the bill operates the way it was intended to
operate. It was an inadvertent error. Excluding this bill from the
PAYGO scorecard will ensure that other programs are not affected, which
is consistent with the treatment of other tax bills.
[[Page H3964]]
I would like to point out to our colleagues on the other side of the
aisle that the PAYGO amendment made by H. Res. 576 is substantially
identical to section 401 of Senator Wyden's extenders bill, S. 2260,
the EXPIRE Act. However, they have failed to point that out.
Statutory PAYGO was created by the Democrats when they controlled
Congress. Statutory PAYGO maintains a running tally of the cumulative
deficit impact for bills signed into law. If the threshold is exceeded,
a sequester is triggered to offset the excess.
When Republicans took control of the House, we adopted a new rule
known as CUTGO, which requires that any new direct spending be offset
by cuts to other direct spending programs.
We should reduce spending and reform our entitlement programs, Mr.
Speaker. House Republicans have shown we are willing to do so, and we
earnestly desire a partner in the Senate and the White House to do just
that. But we should also grow our economy. This bill will help us do
just that, and we hope we will find partners on the other side of the
aisle.
Again, I want to say that the PAYGO amendment made by H. Res. 576 is
substantially identical to section 401 of Senator Wyden's extenders
bill, S. 2260, the EXPIRE Act. My guess is my colleagues will be
supporting that.
I now would like to turn our attention back to the subject at hand,
charter schools, and I yield 2 minutes to my distinguished colleague
from North Carolina (Mr. Holding).
Mr. HOLDING. I thank the distinguished gentlelady from my home State
for yielding me time.
Mr. Speaker, I rise to join my colleagues in supporting this rule to
bring H.R. 10, the Success and Opportunity Through Quality Charter
Schools Act, to the floor.
Education is a key that can open the door to opportunity, which is
important to families across America, and especially those in my
district in North Carolina.
Mr. Speaker, we know that a one-size-fits-all approach to education
simply never works for students, as students vary greatly in how they
learn. Because of this, I believe we should offer students and their
parents every possible opportunity to select a school that best fits
their individual needs, their goals, and their aspirations. And, Mr.
Speaker, neither a student's ZIP Code nor circumstances should
determine the educational opportunities available to them.
In my district, North Carolina's 13th District, we have six charter
schools that are serving the local communities, in addition to our
quality public schools in North Carolina. While developing and
expanding the use of charter schools is certainly not the only answer
to the education crisis facing our Nation, it is without a doubt a step
in the right direction. The rule before us today to bring H.R. 10 up
for debate and a vote does just that by offering more choice to parents
and students through the expanded use of charter schools.
The Success and Opportunity Through Charter Schools Act will
facilitate the establishment of quality charter schools and support
innovation and excellence in education. It also makes necessary
improvements to charter school programs to encourage States, and those
efforts already underway, to expand the use of charter schools.
I want to thank Chairman Kline and the committee for their hard work,
and I urge support for the rule and H.R. 10.
Mr. POLIS. Mr. Speaker, I am proud to yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson Lee).
(Ms. JACKSON LEE asked and was given permission to revise and extend
her remarks.)
Ms. JACKSON LEE. Mr. Speaker, I am very pleased to come and join in
an aspect of our bipartisan work that is working for children, and I
thank the Education Committee and Mr. Polis for their leadership in
focusing on the idea that our children need the best education.
I also know the hearts of the Education Committee members and Mr.
Polis in recognizing that public schools are a valuable asset, having
been educated throughout my primary and secondary education in public
schools. We want to have the opportunity to match excellence with
excellence and to ensure that the oversight allows for excellence.
So H.R. 10, the Success and Opportunity Through Quality Charter
Schools Act, brings all of this together: respecting teachers, holding
children to a higher standard, and giving them the necessary tools.
I am glad that I had an amendment that will be in the manager's
amendment that deals with requiring the Secretary to report issues
regarding the age, race, and gender at charter schools, and also, the
attrition and college acceptance. It has that same requirement for the
teachers, as far as teacher attrition. That is important. That is
already in the manager's amendment.
I also think more transparency and information to the parents on the
Web sites concerning orientation materials, enrollment curriculum,
student discipline, and behavior codes adds to this legislation. In
that, we can ensure that there will be policies to prevent any bullying
or even to have bullying intervention so that our children can have a
better quality of life.
This is a holistic approach to educating our children. I believe the
underlying bill speaks volumes that our children are our most precious
resource. I hope that, as we continue, we will be able to work on other
items, such as unemployment insurance and comprehensive immigration
reform, because these are ways that we show America that we are working
for them.
The SPEAKER pro tempore (Mr. Marchant). The time of the gentlewoman
has expired.
Mr. POLIS. I yield the gentlelady an additional 30 seconds.
Ms. JACKSON LEE. When we put forward legislation that focuses on the
education of our children and the choices that our children can make,
balanced alongside of ensuring the lifting of the boats of public
education, we are in the right direction.
I am delighted to support this legislation.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
As my colleague from North Carolina points out, support for school
choice is growing. A 2013 public opinion survey found that 73 percent
of Americans supported school choice, whereas 67 percent of Americans
supported school choice in 2010.
Forty-two States and the District of Columbia have passed legislation
to support the funding of public charter schools. They are becoming
more popular. In the 2012-2013 academic year, more than 500 new charter
schools opened across the country, which means there are now 6,200
charter schools in America and 2 million charter school students.
If recent growth continues, they will double in number by 2025 and
will educate 4.6 million children. That amounts to 10 percent of all
public school students.
{time} 1415
Another sign of their popularity is that charter schools have over 1
million students on their wait lists.
H.R. 10 modernizes and streamlines the current Charter Schools
Program authorized under the Elementary and Secondary Education Act to
ensure that States can support the replication and expansion of high-
quality charter schools.
These schools empower parents to play a more active role in their
child's education, open doors for teachers to pioneer fresh teaching
methods, encourage State and local innovation, and help students escape
underperforming schools.
H.R. 10 is a commonsense approach to updating the Charter Schools
Program by streamlining multiple charter school programs, improving
quality, and promoting the growth of the charter school sector at the
State level.
This bill benefits children, their parents, and--ultimately--our
economy. By increasing the number of high-quality charter schools, more
children will acquire the skills they need to succeed in a competitive
global economy.
We owe it to our children to provide them with the best education
possible, and that is what this bill was designed to do.
For these reasons, I urge my colleagues to support this rule and the
underlying bill.
Mr. Speaker, I reserve the balance of my time.
[[Page H3965]]
Mr. POLIS. Mr. Speaker, I yield myself such time as I may consume.
How exciting that in a week here of partisan division with regard to
Benghazi, with regard to Lois Lerner, with regard to a deficit-busting
$155 billion tax expenditure, how exciting that Democrats and
Republicans can come together around something that is so important for
the next generation of American children--that is, making sure that our
limited investment in public charter schools has the maximum positive
impact on student achievement across our country.
A 2013 study conducted by Stanford University's Center for Research
on Educational Outcomes found that public charter schools often
outperform their peers in traditional public schools, and many have
demonstrated substantial progress in closing the achievement gap.
The study's findings were particularly impressive for low-income
students. The study found that low-income students gained 14 additional
days of learning in reading and 22 in math--compared to traditional
school peers--and English language learners gained 36 days of learning
in reading and in math.
What is clear, however, is just how public charter schools with site-
based management have the ability to innovate and succeed. They also
have the ability to fail and do poorly.
Not all charter schools are serving students well. Not all charter
schools meet their goal of serving at-risk students. That is why this
bill improves transparency and accountability for the public charter
school sector as a whole, as well as for authorizers--that is, the
entity, usually a school district, sometimes a State or special
entity--that grants the charter, which is another word for contract, to
the provider of educational services at the site-based level.
Mr. Speaker, all public schools, regardless of their governance
structure, whether they are public magnet schools, whether they are
neighborhood schools, whether they are public charter schools, whether
they are schools of choice operated by a school district, every public
school should live up to our promise of providing a quality education;
and every child should have access to a quality education that allows
them to succeed in the workforce, in college, and in life.
In this era of constrained public resources, we need to maximize the
impact of every dollar spent by making sure that what we invest in
works, and that is exactly what this bill does.
It allows for investment in proven models to expand and replicate
success, to serve more kids, many of whom were already on waiting lists
and forced to attend a school that is worse than the one that they seek
to attend. This bill will help alleviate those waiting lists.
It is important to focus our resources and double down on public
charter schools that get great results and ensure that we don't
squander our limited resources on public charter schools that fail to
meet the needs of their students.
We want to make sure that charter school operators with a strong
evidence of student achievement and strong management capacity are able
to replicate and expand. That is why, under this bill, we create
incentives for schools to achieve and replicate excellence by awarding
grants directly to some of the highest performing public charter
schools in our country that are helping to allow more and more kids
from at-risk backgrounds to achieve the American Dream.
This particular program, which was an important part of the
bipartisan All-STAR Act, helps to seed the growth of high-performing
public charter schools in States that might otherwise not meet the
criteria.
The gentleman from Washington State mentioned that his State and some
others have a cap. Well, very importantly, even where a district or
State policy environment is not ideal and, therefore, they might not be
a priority for receiving grants that they administer, nevertheless,
charter schools serving kids in those areas can receive grants because
of the networks of charter schools that are high performing in States
that might not have policies that are as open to charters as they
should be.
Mr. Speaker, what Democrats and Republicans coming together shows the
country, shows the public charter school movement, shows the school
districts, is that a multistakeholder approach can work for our
country.
I want to thank the many individuals who provided input on this
important bill, ranging from school districts to States to teachers'
unions, to charter school board members, to families who are in charter
schools, and families who languish on waiting lists, wanting their
child to attend a better school.
The result of this multiyear process is a bill that reflects the very
best policies to upgrade the existing charter school authorization
program, improve transparency and accountability for public charter
schools, ensure that our limited Federal resources are invested in
schools that work and ensure that more kids, regardless of their
geography and economic background, can attend a school that prepares
them to succeed in life.
Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Unfortunately, over the last 4 decades, the Federal Government's role
in elementary and secondary education has increased dramatically. The
Department of Education currently runs more than 80 K-12 education
programs, many of which overlap.
As a school board member, I saw how the vast reporting requirements
for these Federal programs tie the hands of State and local school
leaders and prevent them from making the best education available to
their students.
Since 1965, Federal education funding has tripled, yet student
achievement remains flat. More money is clearly not going to solve the
challenges we face in education.
Unfortunately, the Obama administration has refused to work with
Congress to address these challenges and has, instead, taken
unprecedented action to further expand its authority over America's
schools.
Through the President's waiver scheme and pet programs such as Race
to the Top, the Secretary of Education has granted himself complete
discretion to use taxpayer dollars to coerce States into enacting the
President's preferred education reforms.
Adding insult to injury, President Obama continues to push for more
Federal education spending, requesting a staggering $82.3 billion in
mandatory and discretionary funds for the Department of Education in
his fiscal year 2015 budget.
Our children deserve better, Mr. Speaker. It is past time to
acknowledge more taxpayer dollars and more Federal intrusion cannot
address the challenges facing schools.
H.R. 10 recognizes that local communities know their needs better
than any bureaucrat in Washington and supports the sharing of best
practices among charter schools and traditional public schools. Our
students do better when educators work together to put in place the
best strategies to help students learn.
Additionally, H.R. 10 specifically encourages charter schools to
reach out to at-risk students in their communities, as well as those
who have disabilities or are English learners.
Again, the local officials know best how to serve their communities,
and the Federal Government should not tie their hands as they work to
make the best decisions for their students.
I urge my colleagues, therefore, Mr. Speaker, to support this rule
and the underlying bill.
I reserve the balance of my time.
Mr. POLIS. Mr. Speaker, I would like to inquire if the gentlelady has
any remaining speakers.
Ms. FOXX. We do not have further speakers, Mr. Speaker, but I do
intend to share some additional information on this bill and the rule.
Mr. POLIS. Mr. Speaker, I am prepared to close. I yield myself the
balance of my time.
Mr. Speaker, I want to talk a little bit about some of my experiences
in the charter school movement before joining this body. I had the
opportunity to found a public charter school, New America School, now
which has five campuses in Colorado and New Mexico. I also had the
opportunity to cofound Academy of Urban Learning in Denver, Colorado.
New America School seeks to meet the needs of English language
learning students who are a little bit older--15,
[[Page H3966]]
16, 18, 19--and far too often didn't have a place in the traditional
public school system.
Many of these students work jobs--might work a day job, might work a
night job. That means, if they work a day job, the only school that
would be a viable option for them would be an evening school. That is
why New America school has flexible scheduling, allowing students to
attend day or night, depending on their real-world life circumstances.
In addition, many of the young women attending the school have young
children of their own, and that is a real-life need that, absent some
kind of daycare reimbursement or daycare, many of them would not be
able to attend.
So New America School offered daycare reimbursement--in some cases,
daycare--so that these young women could continue to attend school and
get a high school diploma.
First and foremost, the focus of New America School is to ensure that
students can learn to be fluent and literate in the English language,
which is so important to be able to succeed in today's economy.
As a result of this innovative approach and the focus on meeting
student needs, thousands of students have enrolled in the various
campuses of the New America School. I was proud to not only found them,
but to have served as superintendent for 2 years.
I can honestly say that, absent this Federal program, the title V
grant, we would probably not have been able to get New America School
off the ground. Like so many charter schools across the country, until
the doors open--and in that first year or two, when you are just
beginning to add students, it is absolutely critical to be able to have
this investment to open the doors.
Over the medium and long term, the schools need to stand or fall on
their own. They need to succeed on their own and meet a market niche.
We need to make sure that they are sound from a budgetary perspective,
and this bill includes language that ups the bar on authorizers to do
just that.
This bill passed the Education and the Work Force Committee with a
36-3 vote. I honestly can't remember another bill that had such strong
bipartisan support recently on that committee. It is similar to and
actually represents an improvement from H.R. 2218, which passed last
Congress, 365-54.
This bill will improve charter school access and services for
students; ensures that our limited Federal investment supports the
expansion and replication of the very best high-quality charter
schools; requires more transparency and accountability for charter
schools; gives charter schools additional tools to continue to serve
at-risk kids pursuant to their mission, including free and reduced
lunch; as well as ensuring that they have the tools they need to serve
a pro rata number of special education kids.
Almost every Democrat and Republican in this entire body has already
voted for this bill. A very similar, almost identical bill was in both
the Republican ESEA reauthorization and the Democratic alternative.
This takes very few differences between those versions, irons them
out, and has language that both Chairman Kline and Ranking Member
Miller agree builds upon the consensus that was reached in each of
those bills.
That is why I hope that this bill passes with strong bipartisan
support. There is a reason that we need strong bipartisan support.
Unlike far too many bills that we call single chamber bills that are
considered in this body and languish in the Senate--I understand much
of the frustration of the majority party--this bill, with a resounding
bipartisan vote, can be sent to the Senate, where a very nearly
identical bill has a growing number of bipartisan cosponsors with the
message that this body overwhelmingly supports improving our public
charter school program; and we encourage the Senate to take it up.
That is why every Member of this body's vote, Mr. Speaker, is so
important on this bill. This bill will pass. This bill will have
bipartisan support.
For any of my friends on the fence, this is our last great
opportunity to leave a positive legacy of improving quality of and
accountable for public charter schools.
{time} 1430
AFT and NEA have acknowledged that the stronger accountability in
this bill will improve the quality and accountability and transparency
of charter schools, supported by charter school advocates as well as
authorizers, like school districts.
The multistakeholder approach that Chairman Kline and Ranking Member
Miller have presided over is a model of how this body can come together
around legislation that improves our country. I hope that not only this
bill is taken up by the Senate after a strong bipartisan vote in this
body, but I hope it serves as a model not only for what we can do in
education, but what we can do on a number of pressing issues that
address this country, whether it is balancing our Federal budget,
whether it is reauthorizing Federal transportation programs or
establishing an infrastructure bank. There is, in fact, a bipartisan
way forward. That is the opportunity that my friends and colleagues on
both sides of the aisle have before us now.
Public charter schools are making a difference for kids across our
country every day. With a limited Federal role, we can ensure that they
make an even bigger difference. The families that are languishing on
waiting lists have the opportunity to send their kids to expansion of
an existing successful charter school or the replication or a second
campus of a charter school that we know works, that we know can
transform lives, that we know can help that young kid attend college,
get a good job and, guess what, maybe even serve in this august body
someday.
The most exciting thing about public education in this country is
that there are examples of what works. You could take any at-risk
demographic group, whether they are English language learners, whether
they are low-income earners, whether they are in the most remote rural
part of our country or in the poorest inner city area, and find an
educational model that works. Some of them are run by school districts,
as in neighborhood schools; some are run by school districts as schools
of choice or magnet schools; and some are run as public charter schools
under a contract in the school district or other authorizer.
What we need to do to help make sure that more kids have access to
opportunity is expand and replicate what is already working in public
education. That glimmer of hope, those shining islands of success and
excellence with the passage of this bill, can serve more children in
our country to ensure that more kids have access and more families have
access to choose the public schools that work for them.
I want to thank Ranking Member Miller, Chairman Kline, and the
majority and minority staff of the committee for working hard to craft
a bipartisan bill without poison pills, without gotchas, without
partisanship, that recognizes the vital role that strong, accountable,
high-performing public charter schools can play in educational success.
I was honored to work with them and with the staff on this legislation
to improve, upgrade, and modernize this critical program.
I encourage my colleagues to understand that this vote matters. We
want to ensure that this bill is not a single Chamber bill. We want to
make sure that this bill does not languish in the Senate. And the best
way to do that is to send a resounding vote, even stronger than the
vote in the last Congress, that in these times of partisan discord,
Democrats and Republicans can come together around commonsense
legislation that helps kids succeed and helps America's neediest
families send their kids to a quality public school. This bill will
help maximize the impact of every dollar invested by focusing on the
highest quality educational providers.
I strongly urge my Democratic and Republican colleagues to vote
``yes'' on H.R. 10 and ensure that our limited Federal dollars go only
to quality programs.
As we mentioned earlier, unfortunately, I cannot support this rule.
The rule contains a budgetary fix on an unrelated item. I am confident
this rule will pass and allow for consideration of the charter school
bill and a reasonable set of amendments, and I wish that I could
support a rule that did just that. But this bill does include $150
billion in deficit spending which Democrats have not agreed to.
[[Page H3967]]
Public school choice is effective and empowering. Families know what
is right for their children better than politicians do and better than
school district officials do; therefore, parents should have the
opportunity to choose the public school of their choice that meets the
parents' and the family's need.
H.R. 10 represents the very best promise of bipartisanship in
education. For those that embrace school choice, H.R. 10 rewards State
policies that contribute to public charter school success. For those
who are skeptical of public charter schools, H.R. 10 builds in stronger
protections for charter school oversight, transparency, and
accountability. There is something for everybody in this bill.
I urge my colleagues to vote ``no'' on this rule but ``yes,''
``yes,'' ``yes'' on the underlying bill. And I look forward to
continuing this tradition of bipartisanship, hopefully extending beyond
education to the other pressing national challenges we face. Through
this bill, we can improve access to great schools for our Nation's
children.
Mr. Speaker, I yield back the balance of my time.
Ms. FOXX. Mr. Speaker, I want to truly thank my colleague from
Colorado for his eloquent words of support for charter schools and for
his past efforts in this area. I particularly want to thank him for
urging the Senate to take up this legislation. As he well knows, we
have a lot of good legislation over in the Senate that has not been
acted upon, and I hope this bill will have a better fate in the Senate
than other bills have had.
Mr. Speaker, it would be imprudent to have a conversation about
education and the use of taxpayer money without discussing the need for
accountability. Hardworking taxpayers want to see their tax dollars
being used in the best way possible and expect the Federal Government
to be a wise steward of their dollars.
H.R. 10 builds on the principle of local accountability by
modernizing the Charter Schools Program to authorize States to use the
funding to replicate and expand high-quality charter schools. The
schools with proven student success will have the opportunity to offer
those advantages to more students.
States and local educators know their students best, and I urge my
colleagues to modernize Federal school programs and respond to these
needs by supporting both this rule and the underlying bill.
Mr. Speaker, many of my Republican colleagues and I would prefer we
abide by the Constitution and take the Federal Government out of
education altogether, but that is not what we are recommending here
today because we know we can't achieve that goal. My assumption,
though, is that all Members of Congress--all Members of Congress--agree
that as long as taxpayer money is being used by the Federal Government
to fund education, that Congress has a responsibility to make a strong
effort to ensure that those who receive hardworking taxpayer money are
being held accountable for how they use it. Washington should live
within its means, just as families all across this country do, and
limited resources require wise stewardship.
This bill consolidates multiple funding streams and grant programs
that support charter schools into the existing State grant program,
eliminating a separate authorization for charter school facilities
funding. It reduces the overall authorization for charter school
programs from $450 million to $300 million. By consolidating the
funding streams into the existing State charter school program, the
bill removes authority from the Secretary of Education to pick winners
and losers and control the growth of the charter school sector. This
authority is placed largely in the hands of States, where it belongs.
H.R. 10 promotes high-quality charter schools by updating the Charter
Schools Program to reflect the success and growth of the charter school
movement. States are authorized to use funds under the program to
support the replication and expansion of high-quality charter schools
in addition to supporting new innovative charter school models.
Mr. Speaker, my background as an educator, school board member,
mother, and grandmother reinforces my belief that students are best
served when people at the local level are in control of education
decisions. I also believe that education is the most important tool
that Americans at any age can have.
I was the first person in my family to graduate from high school and
went to college, where I worked full-time and attended school part-
time. It took me 7 years to earn my bachelor's degree, and I continued
to work my way through my master's and doctoral degrees. From my own
experience, I am convinced this is the greatest country in the world
for many reasons, not the least of which is that a person like me, who
grew up extremely poor in a house with no electricity and no running
water, with parents with very little formal education and no prestige
at all, could work hard and be elected to the United States House of
Representatives.
No legislation is perfect, and that is why I look forward to working
with my colleagues to address their concerns and improve this
legislation through the amendment process. However, I have never been
one to let the perfect be the enemy of the good. And while H.R. 10
isn't perfect, it is a step in the right direction of empowering
parents, teachers, and local school districts, and increasing school
choice and giving other young people the same opportunities that I and
others have had to improve our lot in life. That is why I am a
supporter of this legislation, and I urge my colleagues to vote in
favor of this rule and the underlying bill.
Ms. JACKSON LEE. Mr. Speaker, I rise to speak during the House's
consideration of the Rule for H.R. 10, the ``Success and Opportunity
through Quality Charter Schools Act.''
The Success and Opportunity through Quality Charter Schools Act would
revise the Charter School Program and the Public Charter Schools of the
Elementary and Secondary Education Act of 1965.
The rule before the House will pave the way for the consideration of
a legislative proposal that consolidates two existing federal charter
school programs into one:
The Charter School Program, which supports grants for charter school
developers to open new charter schools. The program also provides funds
to disseminate best practices and provide state facilities aid to
charter schools.
The Charter School Credit Enhancement Program assists charter schools
in accessing better credit terms to acquire and renovate facilities to
operate a charter school.
The rule will allow the consideration of the bill that will create a
new federal charter schools program to promote high-quality charter
schools at the state and local level; and allows states to use federal
funds to start new charter schools as well as expand and replicate
existing high-quality charter schools.
The bill adds a new component--a Charter Management Organization
grant program to support the opening of additional charter schools
nationwide.
H.R. 10 establishes a new Charter School Program that would consist
of three parts:
Grants to support high-quality charter schools will be awarded to a
State Educational Agency, the State Charter School Board, the Governor,
or a Charter School Support Organization.
Facilities Aid will be awarded to continue credit enhancement
activities and support state facilities aid for charter schools.
National Activities will allow the secretary of education to operate
a grant competition for charter schools in states that did not win or
compete for a state grant and a competition for high quality CMOs.
The legislation adds five new definitions: a ``charter management
organization, a charter support organization'', a ``high-quality
charter school''; the ``expansion of a high-quality charter school'';
and a ``replicable, high-quality charter school model.''
H.R. 10 authorizes $300,000,000 for fiscal years 2015 through 2020.
The bill permits state-determined weighted lotteries and allows
students to continue in the school program of their choice by
clarifying students in affiliated charter schools can attend the next
immediate grade in that network's school.
Jackson Lee Amendments to H.R. 10
I have long supported the need for better data on the experiences of
children that Congress could use when deliberating on legislative
measures intended to benefit our youngest citizens.
The Education and Workforce Committee included language in the
amendment in the form of a substitute for the bill that reflected an
amendment I had intended to offer as a separate amendment. The language
reflects the intent of my amendment by adding rates of student
attrition as a measure to be considered by charter school authorizers
in monitoring the successes of schools.
[[Page H3968]]
Attrition data would help us better understand the impact of charter
schools on student retention. It would also bring additional
transparency regarding the drivers of attrition issues such as
discipline, counseling, drop-outs, bullying, as well as the impact of
learning disabilities like dyslexia on student retention.
Although the data reporting is not mandatory, it is my hope that
charter school districts and charter schools will take up the challenge
of providing hard data to make the case for their approaches to
education.
I offered two amendments for consideration by the House Rules
Committee that would strengthen the legislative goals of H.R. 10.
The amendments were simple and were an important addition to this
strong bipartisan effort from the Education and Workforce Committee to
bring clarity and improve transparency of charter schools in
communities around the Nation.
Jackson Lee Amendment No. 1
The Jackson Lee amendment made in order by the Rules Committee for
debate of this bill directs State Education Agencies that award
Federally funded grants to charter schools to work with those schools
so that they provide information on their websites regarding student
recruitment, orientation materials, enrollment criteria, student
discipline policies, behavior codes, and parent contract requirements,
which should include any financial obligations such as fees for
tutoring, and extra-curricular activities.
This Amendment will make it possible for parents to learn more about
how schools deal with important education issues such as academic
performance, enrichment programs, and quality of education life issues
like reasonable accommodations for students with learning disabilities
like dyslexia or physical disabilities.
Many charter schools already provide this information, and the
amendment would support this good transparency practice. This Jackson
Lee amendment is good for parents and for charter schools because
parents would have access to information that helps them make education
decisions for their children; and charter schools would speak to a
larger audience regarding their education programs.
Jackson Lee Amendment No. 2
The second Jackson Lee amendment was a ``Sense of the Congress'' on
the promotion of, and support for anti-bullying programs in charter
schools, including those serving rural communities.
I regret that this amendment was not made in order by the Rules
Committee because the prevention of bullying is one of the most
challenging problems focusing school officials.
I am disappointed that the Rules Committee did not make this
amendment in order for consideration under this bill.
I introduced H.R. 2585, the Juvenile Accountability Block Grant
Reauthorization and the Bullying Prevention and Intervention Act of
2013 because of the unresolved national epidemic of school bullying.
This anti-bullying bill amends the Omnibus Crime Control and Safe
Streets Act of 1968 by expanding the juvenile accountability block
grant program with respect to programs for the prevention of bullying
to include intervention programs. The bill's objective is to reduce and
prevent bullying and establish best practices for all activities that
are likely to help reduce bullying among young people.
This year a million children will be teased, taunted, and physically
assaulted by their peers. Bullying is the most common form of violence
faced by our Nation's youth.
The frequency and intensity of bullying that young people face are
astounding: 1 in 7 students in grades K-12 is either a bully or a
victim of bullying; 90% of 4th to 8th grade students report being
victims of bullying of some type, 56% of students have personally
witnessed some type of bullying at school; 71% of students report
incidents of bullying as a problem at their school; 15% of all students
who don't show up for school report it to being out of fear of being
bullied while at school; 1 out of 20 students has seen a student with a
gun at school; 282,000 students are physically attacked in secondary
schools each month.
Consequences of bullying: 15% of all school absenteeism is directly
related to fears of being bullied at school; According to bullying
statistics, 1 out of every 10 students who drops out of school does so
because of repeated bullying; Suicides linked to bullying are the
saddest statistic.
Statistics on Gun Violence: Homicide is the 2nd leading cause of
death for young people ages 15 to 24 years old; Homicide is the leading
cause of death for African Americans between ages 10 and 24; Thirteen
young people from ages 10-24 become victims of homicide every day;
82.8% of those youths were killed with a firearm; Every 30 minutes, a
child or teenager in America is injured by a gun; Every 3 hours and 15
minutes, a child or teenager loses their life to a firearm; In 2010, 82
children under 5 years of age lost their lives due to guns; One of four
high school males reportedly carry a weapon to school, with 8.6% of
reportedly carry a gun; 87% of youth said shootings are motivated by a
desire to ``get back at those who have hurt them,'' and 86% said,
``other kids picking on them, making fun of them or bullying them''
causes teenagers to turn to lethal violence in the schools; In 2011,
over 707,000 young people, aged 10 to 24 years, had to be rushed to the
emergency room as a result of physical assault injuries.
I strongly believe that where our children are concerned, Congress is
in a unique position to advocate on their behalf in an effective and
forceful way. Letting children know by our actions that members of
Congress consider the lives of children and their experience to be of
the utmost importance would help them in countless ways.
We cannot gamble with our children's future, and ultimately the
future of our nation. I am committed to finding ways to make sure that
education is as valued as national defense--because education is
crucial to our nation's global success in all areas.
Mr. Speaker, I yield back the balance of my time. Thank you.
Amendment Offered by Ms. Foxx
Ms. FOXX. Mr. Speaker, with that, I offer an amendment to the
resolution.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
I. section 6, add ``at the end of the bill'' before the
period.
Ms. FOXX. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the amendment and on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question on the amendment and on the resolution.
The previous question was ordered.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentlewoman from North Carolina (Ms. Foxx).
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the resolution, as
amended.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. POLIS. 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, further
proceedings on this question will be postponed.
____________________