[Congressional Record Volume 161, Number 105 (Wednesday, July 8, 2015)]
[Senate]
[Pages S4859-S4862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2139. Mr. ALEXANDER submitted an amendment intended to be proposed
to amendment SA 2089 submitted by Mr. Alexander (for himself and Mrs.
Murray) to the bill S. 1177, to reauthorize the Elementary and
Secondary Education Act of 1965 to ensure that every child achieves; as
follows:
On page 185, between lines 18 and 19, insert the following:
SEC. 1011A. SCHOLARSHIPS FOR KIDS PROGRAM.
(a) In General.--Part A of title I (20 U.S.C. 6301 et seq.)
is amended by adding at the end the following:
``Subpart 3--Scholarships for Kids Program
``SEC. 1131. PURPOSE.
``The purpose of this subpart is to improve the academic
achievement of the disadvantaged by encouraging State efforts
to expand the educational choices available to low-income
students.
``SEC. 1132. SCHOLARSHIPS FOR KIDS PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible child.--
``(A) In general.--The term `eligible child' means a child
residing in a participating State who--
``(i) is not older than 21;
``(ii) is entitled to a free public education through grade
12; and
``(iii)(I) is from a family with an income below the
poverty level; or
[[Page S4860]]
``(II) is a child described in subparagraph (B).
``(B) Exception for continuing eligibility.--A
participating State may elect to serve a child as an eligible
child under an approved program under this section if--
``(i) such child was an eligible child described in
subparagraph (A) during the previous fiscal year;
``(ii) such child is from a family with an income that is
not greater than 200 percent of the poverty level on the
basis of the most recent satisfactory data published by the
Department of Commerce for the preceding year; and
``(iii) the State educational agency has determined that
the child qualifies for continuing eligibility, as defined by
the participating State in its declaration of intent under
subsection (d).
``(C) Criteria of poverty.--In determining if a family has
an income below the poverty level for purposes of this
section, a State shall use the poverty threshold, for the
most recently completed calendar year, most recently
published by the Bureau of the Census.
``(2) Participating state.--The term `participating State'
means a State whose declaration of intent to exercise the
State option for a Scholarships for Kids program is approved
by the Secretary as described in subsection (d).
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``(4) Supplemental educational services program.--The term
`supplemental educational services program' means a program
providing tutoring and other supplemental academic enrichment
services that are--
``(A) in addition to instruction provided during the school
day; and
``(B) are of high-quality, evidence-based, and specifically
designed to increase the academic achievement of eligible
children, as determined by the State.
``(b) Scholarships for Kids Program Authorized.--
``(1) In general.--Notwithstanding any other provision of
law and to the extent permitted under State law, a
participating State may use the funds made available under
subpart 2 to carry out a Scholarships for Kids program in
accordance with subsection (c).
``(2) Inapplicability of other requirements.--
Notwithstanding any other provision of law, a participating
State carrying out a Scholarships for Kids program that meets
the requirements of this section, and the local educational
agencies in such State, shall not be required to meet any
other requirements under this Act or any other law, except as
provided in paragraph (3), in order to receive funds under
subpart 2.
``(3) Academic standards, academic assessments, and
reporting on performance disaggregated by student subgroup.--
A participating State carrying out a Scholarships for Kids
program that meets the requirements of this section, and the
local educational agencies in such State, shall comply with
paragraphs (1) and (2) of subsection (b), and subsection (d),
of section 1111, and with the requirements of subpart 2 of
part F of title IX (except for section 9521).
``(c) Use of Funds.--
``(1) Student grants.--
``(A) In general.--Each participating State shall use the
funds made available under section 1122 and not reserved
under paragraph (2) or (3) to carry out a Scholarships for
Kids program, under which the State shall--
``(i) establish a per-pupil amount for the grants under
this section, based on the number of eligible children in the
State, as described in subparagraph (B); and
``(ii) make a grant available on behalf of each eligible
child, in the amount determined under such subparagraph, that
the parents of the eligible child may use for any of the
following purposes, as allowed by State law:
``(I) To supplement the budget of any public school the
eligible child is able to attend without fees.
``(II) To pay for all, or a portion, of any fees required
to attend another public school in the participating State.
``(III) To pay for all, or a portion, of the tuition and
fees required to attend an accredited or otherwise State-
approved private school.
``(IV) To pay for all, or a portion, of the fees required
to participate in a State-approved supplemental educational
services program.
``(B) Calculation of grant amounts.--Each participating
State shall calculate the amount of the grant to be awarded
to each eligible child for each fiscal year by dividing the
allocation to the participating State under this subpart
remaining after the participating State reserves any funds
under paragraph (2) or (3), by the total number of eligible
children, as determined by the participating State.
``(2) Administrative expenses.--A participating State may
reserve not more than 3 percent of its allocation under
section 1122 for administrative costs associated with
carrying out the participating State's duties and functions
under this section, including--
``(A) certifying the eligibility of children living in the
participating State;
``(B) disseminating information to parents of eligible
children about public schools, private schools, and programs
of supplemental educational services that are available to
eligible children in the participating State;
``(C) paying the costs of administering any tests required
to be administered to eligible children participating in the
program; and
``(D) providing subgrants to local educational agencies in
the participating State for any of these purposes.
``(3) Transportation for eligible children.--A
participating State may reserve not more than 2 percent of
its allocation under section 1122 to provide transportation
for eligible children to the public school, private school,
or supplemental educational services program the eligible
children attend in accordance with paragraph (1)(A)(ii).
``(d) State Declaration of Intent.--
``(1) In general.--In order to carry out a Scholarships for
Kids program under this section, a State educational agency
shall submit a declaration of intent to exercise the State
option for a Scholarships for Kids program to the Secretary
that satisfies the requirements of this subsection.
``(2) Contents.--Each declaration of intent submitted under
paragraph (1) shall provide the following:
``(A) A description of the program to be administered under
this section, including the per-student amount calculated
under subsection (c)(1)(B) that will follow each eligible
child to the school or supplemental educational services
program the eligible child attends.
``(B) An assurance that funds made available under this
section will be spent in accordance with the requirements of
this section.
``(C)(i) An assurance that the State will provide a parent
of each eligible child within the State who receives or is
offered a grant under this section with the option to use
grant funds for 1 (or more than 1 if the parent so chooses)
of any of the following, as allowed by State law:
``(I) To supplement the budget of any public school the
eligible child is able to attend without fees.
``(II) To pay for all, or a portion, of any fees required
to attend another public school in the participating State.
``(III) To pay for all, or a portion, of the tuition and
fees to attend an accredited or otherwise State-approved
private school.
``(IV) To pay for all, or a portion, of the fees required
to participate in a supplemental educational services
program.
``(ii) A description of the procedures the State will
implement to carry out the requirements of clause (i),
including any accreditation or other method by which the
State will approve private schools and providers of
supplemental educational services programs to accept grant
funds under this section.
``(D) An assurance that the State will publish, in a widely
read or distributed medium, an annual report that contains--
``(i) the number of students, schools, and providers of
programs of supplemental educational services that
participated in the program assisted under this section;
``(ii) information regarding the academic progress of
students receiving a grant under this section in meeting
challenging State academic standards under section
1111(b)(1), if the State requires that students receiving a
grant participate in the academic assessments administered
under section 1111(b)(2); and
``(iii) such other information as the State may require.
``(E) A description of how the State will define continuing
eligibility with respect to children who have participated in
the State's Scholarships for Kids program for the preceding
year, in accordance with subsection (a)(1)(B).
``(F) An assurance that the State will assist each local
educational agency, public school, and participating private
school affected by the State declaration of intent to meet
the requirements of this section.
``(G) An assurance that the State will use Federal funds
awarded as grants to eligible children under this section to
supplement any funds from non-Federal sources that would, in
the absence of such Federal funds, be made available to such
students or to the schools or programs of supplemental
educational services the students attend, and not to supplant
such funds.
``(H) An assurance that the State will comply with the
requirements of paragraphs (1) and (2) of subsection (b), and
subsection (d), of section 1111.
``(I) An assurance that the State will participate in
biennial State academic assessments in grades 4 and 8 in
reading and mathematics under the National Assessment of
Educational Progress carried out under section 303(b)(3) of
the National Assessment of Educational Progress Authorization
Act if the Secretary pays the costs of administering such
assessments.
``(3) Review and approval by the secretary.--
``(A) In general.--The Secretary shall--
``(i) establish a process to review the declarations of
intent received from States under this subsection; and
``(ii) by not later than 30 days after the submission of a
State declaration of intent, approve the State declaration
or, if the Secretary clearly demonstrates that the State
declaration of intent does not meet the requirements of this
subsection, carry out the requirements of paragraph (4).
``(B) Standard and nature of review.--The Secretary shall
conduct a good faith review of State declarations of intent
in their totality and in deference to State and local
[[Page S4861]]
judgments, with the goal of promoting parental choice.
``(4) State declaration of intent determination,
demonstration, and revision.--If the Secretary determines
that a State declaration of intent does not meet the
requirements of this subsection, the Secretary shall, prior
to disapproving the declaration of intent--
``(A) immediately notify the State of the determination;
``(B) provide to the State a detailed description of the
specific requirements of this subsection that the Secretary
determined were not met in the declaration of intent;
``(C) offer the State an opportunity to revise and resubmit
its declaration of intent within 30 days of the
determination;
``(D) provide technical assistance, upon request of the
State, in order to assist the State in meeting the
requirements of this subsection; and
``(E) provide an opportunity for a public hearing not later
than 30 days after receiving from the State a revised
declaration of intent, with public notice provided not less
than 15 days before the hearing.
``(5) State declaration of intent disapproval.--The
Secretary shall have the authority to disapprove a State
declaration of intent if--
``(A) the State has been notified and offered an
opportunity to revise and resubmit the declaration of intent
with technical assistance, in accordance with paragraph (4);
and
``(B)(i) the State does not submit a revised declaration of
intent; or
``(ii) the State submits a revised declaration of intent
that the Secretary determines, after an opportunity for a
hearing conducted in accordance with paragraph (4)(E), does
not meet the requirements of this subsection.
``(6) Recognition by operation of law.--If the Secretary
fails to take action on a declaration of intent submitted by
a State within the time specified in paragraph (3)(A)(ii),
the declaration of intent, as submitted, shall be deemed to
be approved.
``(7) Limitations.--The Secretary shall not have the
authority to require a State, as a condition of approval of
the State declaration of intent under this subsection, to--
``(A) submit any standards for academic content or student
academic achievement for review or approval;
``(B) enter into a voluntary partnership with another State
to develop and implement academic assessments, challenging
State academic standards, and accountability systems;
``(C) include in, or delete from, such a declaration of
intent any criterion that specifies, describes, or prescribes
any standard or measure that the State uses to establish,
implement, or improve--
``(i) the challenging State academic standards;
``(ii) assessments;
``(iii) State accountability systems;
``(iv) systems that measure student growth;
``(v) measures of other academic indicators; or
``(vi) teacher and principal evaluation systems; or
``(D) require the collection, publication, or transmission
to the Department of individual student data that is not
expressly required to be collected under this Act.
``(e) Accountability for Academic Progress.--A
participating State may require each eligible child receiving
a grant under this section to take academic assessments
implemented by the State educational agency under section
1111(b)(2) or an alternative assessment approved by the State
educational agency of the participating State, if the
participating State pays any costs associated with
administering the assessment.
``(f) Nondiscrimination and Other Requirements for Schools
and Providers of Supplemental Educational Services
Programs.--
``(1) Nondiscrimination.--
``(A) In general.--Except as provided in subparagraph (B),
a school or provider of a supplemental educational services
program that participates in a program under this section by
accepting grant funds under this section on behalf of an
eligible child under this section shall agree to not
discriminate against program participants or applicants on
the basis of race, color, national origin, religion, or sex.
``(B) Exceptions.--
``(i) In general.--Notwithstanding any other provision of
law, the prohibition of sex discrimination in subparagraph
(A) shall not apply to a participating school that is
operated by, supervised by, controlled by, or connected to a
religious organization to the extent that the application of
subparagraph (A) is inconsistent with the religious tenets or
beliefs of the school.
``(ii) Single-sex school, class, or activity.--
Notwithstanding subparagraph (A) or any other provision of
law, a parent may choose, and a school may offer, a single-
sex school, class, or activity.
``(C) Applicability.--Section 909 of the Education
Amendments of 1972 (20 U.S.C. 1688) shall apply to this
section as if such section 909 were part of this section.
``(2) Children with disabilities.--Nothing in this section
shall be construed to alter or modify the Individuals with
Disabilities Education Act.
``(3) Rules of conduct and other school policies.--A
participating school or provider of supplemental educational
services may require eligible children attending the school
or receiving the services, respectively, to abide by any
rules of conduct or other requirements applicable to all
other students served by the school or the provider of
supplemental educational services.
``(4) Religiously affiliated schools and providers of
supplemental educational services.--
``(A) In general.--Notwithstanding any other provision of
law, a school or provider of supplemental educational
services participating in a program under this section that
is operated by, supervised by, controlled by, or connected
to, a religious organization may exercise its right in
matters of employment consistent with title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the
exemptions in such title.
``(B) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this section to
eligible students that are received by a participating school
or supplemental educational services provider, as a result of
their parents' choice, shall not, consistent with the first
amendment of the Constitution of the United States--
``(i) necessitate any change in the participating school's
teaching mission;
``(ii) require any participating school to remove religious
art, icons, scriptures, or other symbols; or
``(iii) preclude any participating school from retaining
religious terms in its name, selecting its board members on a
religious basis, or including religious references in its
mission statements and other chartering or governing
documents.
``(g) National Program Assessment.--
``(1) In general.--The Secretary, acting through the
Director of the Institute of Education Sciences, shall carry
out a national assessment of activities carried out with
Federal funds under this section in order--
``(A) to determine the effectiveness of this section in
achieving the purposes of this section; and
``(B) to provide timely information to the President,
Congress, the States, local educational agencies, and the
public on how to implement this section more effectively,
including recommendations for legislative and administrative
action that can achieve the purposes of this section more
effectively.
``(2) Scope of assessment.--The national assessment shall
assess activities supported under this section, including--
``(A) the implementation of programs assisted under this
section by participating States and the impact of such
programs on improving the academic achievement of low-income
children to meet the challenging State academic standards
adopted by the participating States under section 1111(b)(1),
based on the State academic assessments adopted under section
1111(b)(2), to the extent applicable;
``(B) the types of programs and services in participating
States that have demonstrated the greatest effectiveness in
helping low-income students reach the challenging State
academic standards developed by the participating States; and
``(C) the effectiveness of States, local educational
agencies, schools, and other recipients of assistance under
this section in achieving the purposes of this section, by--
``(i) improving the academic achievement of low-income
children and their performance on State assessments, where
applicable, as compared with other children; and
``(ii) improving the participation of parents of low-income
children in the education of their children.
``(3) Sources of information and data collection.--
``(A) In general.--In conducting the assessment under this
subsection, the Secretary shall--
``(i) analyze existing data from States required for
reports under this Act and the Individuals with Disabilities
Education Act, and summarize major findings from such
reports; and
``(ii) analyze data from the National Assessment of
Educational Progress carried out under section 303(b)(2) of
the National Assessment of Educational Progress Authorization
Act.
``(B) Special rule.--The information and data used to
prepare the assessment, as described in subparagraph (A),
shall be derived from existing State and local reporting
requirements and data sources. Nothing in this paragraph
shall be construed as authorizing, requiring, or allowing any
additional reporting requirements, data elements, or
information to be reported to the Secretary not otherwise
explicitly authorized by any other Federal law.
``(4) Reports.--
``(A) Interim report.--Not later than 3 years after the
date of enactment of the Every Child Achieves Act of 2015,
the Secretary shall transmit to the President, the Committee
on Education and the Workforce of the House of
Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate, an interim report on the
national assessment conducted under this subsection.
``(B) Final report.--Not later than 5 years after the date
of enactment of the Every Child Achieves Act of 2015, the
Secretary shall transmit to the President, the Committee on
Education and the Workforce of the House of Representatives,
and the Committee on Health, Education, Labor, and Pensions
of the Senate, a final report on the
[[Page S4862]]
national assessment conducted under this subsection.
``(h) Prohibition Against Federal Mandates, Direction, or
Control.--Nothing in this subsection shall be construed to
authorize the Secretary or any other officer or employee of
the Federal Government to mandate, direct, control, or
exercise any direction or supervision over the instructional
content or materials, curriculum, program of instruction,
challenging State academic standards, or academic assessments
of a State, local educational agency, elementary school or
secondary school, or provider of supplemental educational
services.''.
(b) Authorization of Appropriations.--Section 1002 (20
U.S.C. 6302), as amended by section 1002 of this Act, is
further amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out part A, there are
authorized to be appropriated $23,837,351,000 for fiscal year
2016 and each of the 5 succeeding fiscal years.''.
(c) Program Consolidation.--
(1) Consolidation of certain federal education programs.--
The following provisions are repealed:
(A) Section 1003 and parts B, C, D, and E of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
(B) Titles II, III, IV, V, VI, and VII of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.,
6801 et seq., 7101 et seq., 7301 et seq., 7401 et seq.).
(C) Clauses (iii) and (iv) of section 105(f)(1)(B) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(iii) and (iv)).
(D) The Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.).
(E) Subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.).
(F) The Educational Technical Assistance Act of 2002 (20
U.S.C. 9601 et seq.).
(G) Part A of title II of the Higher Education Act of 1965
(20 U.S.C. 1022 et seq.).
(H) Sections 402B and 402C of the Higher Education Act of
1965 (20 U.S.C. 1070a-12, 1070a-13).
(I) Section 410 of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7630).
(J) Section 1417(j) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3152(j)).
(K) Section 4101 of the Patient Protection and Affordable
Care Act (42 U.S.C. 280h-4 note).
(L) Section 9 of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n).
(M) Section 399Z-1 of the Public Health Service Act (42
U.S.C. 280h-5).
(N) Sections 14005, 14006, and 14007 of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123
Stat. 282).
(2) Effective date.--Paragraph (1) shall take effect on
October 1, 2016.
(3) Additional conforming amendments.--
(A) In general.--After consultation with the appropriate
committees of Congress and the Director of the Office of
Management and Budget, each applicable Secretary shall
prepare recommended legislation containing technical and
conforming amendments to reflect the changes made by this
section.
(B) Submission to congress.--Not later than 6 months after
the date of enactment of this Act, each applicable Secretary
shall submit the recommended legislation referred to under
subparagraph (A) to the appropriate committees of Congress.
(C) Definition of applicable secretary.--For purposes of
this section, the term ``applicable Secretary'' means a
Secretary with authority over a program or provision of law
described in paragraph (1).
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