[Congressional Record Volume 161, Number 106 (Thursday, July 9, 2015)]
[Senate]
[Pages S4920-S4926]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EVERY CHILD ACHIEVES ACT OF 2015--Continued
The PRESIDING OFFICER. The Senator from Minnesota.
Ms. KLOBUCHAR. Mr. President, I rise today to talk about the
important bill before us today, the Every Child Achieves Act, which
reauthorizes the Elementary and Secondary Education Act and fixes No
Child Left Behind.
I also rise today to talk about the reauthorization of the Export-
Import Bank, which is also a very important matter for our country.
I thank Senators Alexander and Murray for their great leadership in
crafting a bipartisan bill that makes critical updates to No Child Left
Behind that will help ensure that all students receive a quality
education. They worked together from the very beginning on this
important bill, and I think the results show how important it is.
I come to the floor to talk about three amendments in this bill. The
Presiding Officer is a cosponsor on one of the amendments, which is
about STEM education. I think we all know that in today's global
economy, education is key to our economic prosperity. The Senator from
North Dakota understands that because our two States, North Dakota and
Minnesota, have some of the lowest unemployment rates in the country.
We have exciting economies with technological jobs to fill. We are two
States that make and invent products which we then export to the world.
To keep doing that, America's next generation of innovators will have
to be highly trained and highly skilled. We certainly see this in my
State. According to the Minnesota High Tech Association, Minnesota will
be home to nearly 200,000 technology jobs in the next decade. Part of
this is getting young people engaged at an early age.
Today's high school students aren't just competing against students
in Milwaukee and Miami, they are competing against students in Munich
and Mumbai. If America is going to keep its spot atop the world's high-
tech hierarchy, students in our country must receive the best training
and education we can provide. That is why Senator Hoeven and I are
working to increase the emphasis on STEM education.
The Klobuchar-Hoeven amendment, modeled after our Innovate America
Act, will expand STEM opportunities for more students by allowing
school districts to use existing Federal STEM funding to create STEM
specialty schools or to enhance existing STEM programs within the
schools. Our provision will also ensure that the Department of
Education is aligning STEM programs and resources with the needs of
school districts and teachers. I understand that it is in the managers'
package, and I thank the two leaders for that.
The second amendment is the improving teacher and principal
retention. The Every Child Achieves Act includes important reforms to
improve the quality of education for students in Indian Country. One
challenge that schools serving Native Americans continue to confront is
the high rate of teacher and principal turnover and the instability it
causes. Turnover hurts school districts with the added cost of rehiring
and retraining, and it hurts kids as teachers come and go.
One way to decrease teacher and principal turnover is to boost the
professional development these teachers receive. Inadequate
professional development and the lack of ongoing support are some of
the key reasons why some of our best teachers are leaving. That is why
Senator Murkowski of Alaska and I have been pushing a provision to
improve teacher and principal retention in schools serving American
Indian and Alaska Native students. Specifically, our amendment adds
mentoring and teacher support programs, including instructional support
from tribal elders and cultural experts, to improve the professional
development that teachers and principals in Indian schools receive.
This is also in the managers' package, and we appreciate that.
The next amendment deals with chronic absenteeism. We know students
can't learn if they are not in school. When I was a prosecutor in
Hennepin County, I developed a major truancy initiative to keep kids in
school and out of the courtroom. My office worked closely with local
schools on a faster, more effective response to truancy problems. That
is why my provision in the Every Child Achieves Acts will provide
professional development and training to schools to help ensure that
teachers, principals, and other school leaders have the knowledge and
skills necessary to address issues related to chronic absenteeism.
Truancy is sometimes called the kindergarten of crime because it is
truly an early risk factor. I still remember looking at the files of
serious juvenile offenders--ones who committed homicide and the like--
and I realized the first indication that there was a real problem was
truancy. It doesn't just hit in high school; it actually usually
[[Page S4921]]
hits in sixth and seventh grade. The more we can do to put a focus on
this, the better off we will be not only for public safety but, of
course, for the kids' lives.
I again thank Senator Murray and Senator Alexander for their
tremendous work on this bill.
Export-Import Bank
Mr. President, the other issue, which is somewhat related, as we look
at preparing kids for the current economy and the century we are in, is
about jobs. It is about moving our economy along. Part of that is
making sure we can compete globally not only with education efforts,
which is what we are doing this week, but also with financing.
There are over eighty export-import-type banks in developed nations.
China's bank currently funds things at nearly four times the amount
that the Unites States does. Yet we are seriously now allowing the
Export-Import Bank to lapse, and I strongly support reauthorizing the
Bank.
I want to thank all of those involved, including Senators Cantwell,
Kirk, Heitkamp, and Graham, for their strong and impassioned leadership
on this issue. I also wish to thank all of my colleagues who have
spoken about the importance of this Bank.
Yesterday, a few of us met with the President and senior White House
officials to discuss the importance of reauthorizing the Export-Import
Bank. America needs to be, as I said, a country that thinks, that
invents, that builds things, and that exports to nations. That means
the bill we are working on this week, but it also means the financing
so those businesses can keep going.
We had a vote here, as we all know, and 65 Senators supported
reauthorizing the Ex-Im Bank, and in the House, 60 Republicans are
cosponsoring a bill to do the same. We should get it done. We know that
when 95 percent of the world's customers live outside of our borders,
there is literally a world of opportunity out there for U.S.
businesses. We all know that isn't just about Mexico and Canada. It is
about the rest of the world, including Asia and the emerging economies
in Africa. We can just go all over the world to see opportunities.
In my own State of Minnesota, the Ex-Im Bank has supported $2 billion
in exports and helped over 170 companies in the last 5 years alone.
Every single year, as the Presiding Officer knows, I have been to all
87 counties in Minnesota so I am able to see firsthand these
businesses. I may not be going there to talk about Ex-Im. I have rarely
done that, although we have had a few Ex-Im events. I am so surprised
when I go to businesses and they say: We have actually grown our
exports to 15 percent or it is now 20 percent of our business, and we
went to Ex-Im and got financing, and we went to the Foreign Commercial
Service and got help. What we are really hurting by letting this lapse
and not reauthorizing it are the small businesses.
In my State, 170 businesses used the services of Ex-Im in the last
five years. They don't have an expert on Kazakhstan. They don't have a
bank down the street in a small town of 3,000 people that is able to
explain to them how to get that kind of financing. They rely on the
expertise of Ex-Im and, most importantly, they rely on the credit of
Ex-Im.
Look at this: Balzar, in Mountain Lake, MN, population of 2,000. As
the Presiding Officer knows, we don't have many mountains in Minnesota,
but we have a lot of lakes. So we call it Mountain Lake. This is a
small business--74 people in a town of 2,000--that has relied on Ex-Im
in the past decade to help export its products. Their exports have
grown to about 15 percent of their total sales. They export from Canada
to Kazakhstan, from Japan to Australia. They are exporting to South
Africa.
Ralco, a small animal feed manufacturer in Marshall, is a third-
generation family business with distribution to over 20 countries
around the world.
Superior Industries in Morris, MN, is a manufacturer of bulk material
processing and handling systems. There are 5,000 people in the town,
and 500 people in Morris are employed at this company. That would be 10
percent of the town. Thanks to the Ex-Im Bank, they are able to export
to Canada, Australia, Russia, Argentina, Chile, Uruguay, and Brazil.
We know this is necessary for small businesses. We know this is
important for our country to be on an even playing field. We don't want
China to eat our lunch, but if we continue along this way and become
the only developed Nation that doesn't have financing authority such as
this, we will let them eat our lunch.
At the end of last month when the Ex-Im Bank expired, there were
nearly 200 transactions totaling nearly $9 billion in financing
pending, and many businesses--90 percent of which are small
businesses--are no longer able to use their export credit and insurance
to its full extent. I have already talked to businesses that literally
have been told: When we were trying to make a deal, our competitors on
the other side that were trying to make the next deal said: They are
not going to get financing. That country let their Ex-Im Bank expire.
Go to a business from this country. Take our business because you know
we have steady financing.
This cannot continue.
This is why this is a major priority of the U.S. Chamber of Commerce,
a major priority for small business organizations around the country,
and a major priority, most importantly, for the workers that work at
these companies.
It is critical to move forward. We must reauthorize the Export-Import
Bank and make sure our exporters are competing on a level playing field
in this global market. We do it with education, thanks to the good work
of Senator Alexander and Senator Murray, but we also do it by making
sure that our businesses have the financing tools they need to succeed.
I urge my colleagues to support the Ex-Im Bank and reauthorize this
critical agency as soon as possible.
Thank you, Mr. President. I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, I thank the Senator from Minnesota for
her contributions to the legislation we are working on. She has been
very focused on STEM education and has found creative ways to encourage
that, and I thank her for it.
We are hoping within a few minutes to be able to agree by consent to
a few bills and call up a few others. So what I would say to the
Senator from Arkansas, through the Chair, is if he wouldn't mind going
ahead with his remarks and, perhaps, if we are able to, I may ask him
to yield for 60 seconds and allow us to do that and proceed with a
unanimous consent request. But I don't want to delay the Senator any
further with moving ahead with his remarks.
The PRESIDING OFFICER. The Senator from Arkansas.
Sanctuary Cities
Mr. COTTON. Mr. President, there are certain policies that should not
be controversial. It should not be controversial to expect that the
laws of this Nation be enforced--equally, fairly, and fully. It should
not be controversial to expect local city governments to refrain from
actively frustrating the enforcement of Federal law. It should not be
controversial to say that an illegal immigrant and repeat felon who has
been deported multiple times should not be set free to again threaten
law-abiding Americans, much less be in possession of a weapon.
But in our current debate about immigration, these ideas are indeed
controversial when, in fact, they should be matters of simple common
sense.
I acknowledge that reasonable people can and do differ on issues such
as border security and enforcement and the status of illegal immigrants
present in our Nation. But we should not disagree about the importance
of the rule of law and the need to protect the safety of the American
people. That is why I have introduced an amendment that will withhold
Federal immigration and law enforcement funds from any State or city
that declares itself a sanctuary for illegal immigrants. If a city
directs its law enforcement officers to frustrate Federal immigration
law, it should not expect U.S. taxpayers to underwrite that effort.
Last week, a young woman, Kate Steinle, was murdered on a San
Francisco pier popular with tourists while walking with her father. It
was apparently a random crime, one committed by an illegal immigrant--
Juan Francisco Lopez-Sanchez--with a long rap
[[Page S4922]]
sheet. Lopez-Sanchez was in the United States despite having been
deported five times previously, and he should have been deported a
sixth time. Earlier this year, Lopez-Sanchez was in custody of Federal
immigration authorities after he finished a Federal prison sentence,
and was awaiting deportation after being designated an ``enforcement
priority.'' Federal authorities handed him over to San Francisco first
so he could face outstanding drug charges and requested that they be
notified if San Francisco planned to release him.
San Francisco did in fact release him in April after dropping
charges, but it never notified anyone. The city's government simply
allowed Lopez-Sanchez to walk free. This is because San Francisco has
proudly deemed itself a sanctuary city. It has passed city ordinances
barring its officers from assisting the enforcement of immigration law,
freeing itself of the most basic responsibility to cooperate with
Federal immigration authorities to keep dangerous criminals off the
streets and out of the country. Indeed, Lopez-Sanchez has admitted that
he goes to San Francisco because it is a sanctuary city.
This is an outrage to anyone who respects law and order. One might
think that it would draw a strong reaction from the Obama
administration. The administration, after all, has unequivocally
declared that the Constitution and our laws do ``not permit the States
to adopt their own immigration programs and policies, or to set
themselves up as rival decisionmakers based on disagreement with the
focus and scope of Federal enforcement.'' That is a direct quote from
the administration's legal brief to the Supreme Court arguing against
an Arizona law designed to help Federal officers enforce immigration
laws. One would think the administration would be at least as tough on
sanctuary city laws that openly flout Federal immigration policies and
endanger law-abiding citizens. Yet the administration has enabled--even
encouraged--these sanctuary cities for years.
Americans have a right to expect that governments at the local,
State, and national level will carry out their most basic duty to
enforce the law and protect public safety. We should all be able to
agree that a family enjoying a public space such as San Francisco's
piers should not have to fear being shot dead. We should all be able to
agree that criminals who should be deported under our laws should not
be set free with impunity.
There should be no sanctuary for hardened criminals in this country.
Mr. President, I yield the floor.
Mr. REID. Mr. President, Nevada is one of the largest States in the
country--the 7th largest, to be exact--but we have just 17 school
districts. By contrast, California, has over 1,000 school districts.
Among our 17 Nevada districts is the Clark County School District
with over 300,000 students. It's the Nation's fifth largest district--
where two-thirds of the students are minorities, and one-in-five
students is an English-language learner.
For the past decade, Clark County School District has been one of the
fastest growing districts in the Nation. In some years, Clark County
was opening a new school every month to keep up with the growth.
But northwest of Las Vegas and Clark County is another one of our 17
districts--vast, rural Esmeralda County. Esmeralda County School
District is huge, in terms of land. It covers almost 3,600 square
miles, but has just four schools and about 80 students. And Esmeralda
County is not unique in Nevada. There are other rural school districts
in the State with schools that still have one teacher instructing
multiple grades--much like the school I attended as a boy.
This diversity of Nevada's school districts makes the State a
microcosm of our Nation. So I understand the issues that overcrowded,
urban schools face; and I understand the challenges that rural schools
must confront. More importantly, I understand that in order to improve
education at every school in America, we need a comprehensive approach.
The reauthorization of the Elementary and Secondary Education Act
that is before the Senate is a step in the right direction. This
reauthorization has been a long time coming.
Congress last reauthorized ESEA with passage of the No Child Left
Behind Act in 2001. That expired in 2007. Despite serious efforts to
pass a reauthorization in 2011 and 2013 under former Senator Tom
Harkin's leadership, we were not able to overcome real policy
disagreements on the best way forward. But thanks to the hard and
determined work of the chairman and ranking member of the Senate HELP
Committee, we are able to begin work on the bipartisan Every Child
Achieves Act.
I know it was not easy for the senior Senator from Washington or the
senior Senator from Tennessee. I appreciate their efforts. Because of
their work, almost 14 years after the last reauthorization, and 8 years
after it expired, we finally have a bipartisan bill to strengthen our
Nation's schools.
I have many concerns with current Federal education law. It has
caused schools to spend too much time testing and preparing for tests.
It has led many schools and districts to reduce or eliminate many
subjects--such as social studies, music, the arts, and physical
education--that are important parts of a well-rounded education. It has
led to too many schools--many making real gains in student
achievement--to be labeled as failing.
Despite these real flaws that need to be corrected, there are some
aspects of current law we need to keep and improve upon. Schools,
districts, and States must now make sure all students--including those
with disabilities, or those not proficient in English--are making
progress. We also have seen real gains in student achievement. Our
Nation's high school graduation rate is the highest it has ever been
and the achievement gap between minority students and white students is
narrowing.
This bipartisan bill does build off some of these successes and
addresses many of the flaws in current law. It maintains annual testing
requirements, but includes provisions to consolidate tests--helping
reduce the number of tests and amount of time students spend taking
tests. It continues to require student achievement to be reported by
groups of children, including by income, race, English-language
proficiency, and for students with disabilities. It makes early
childhood education a priority, with a new grant to improve early
childhood education access and quality for low- and moderate-income
families. It makes important changes to a grant program to help our
lowest-performing schools. Most notably, this bipartisan agreement also
does not include many of the proposals included in earlier draft bills
that would dilute the effectiveness of title I dollars or allow States
to reduce their support for education.
This bill is an important first step in strengthening our Nation's
schools and ensuring that our children have a world class education.
And it is a true compromise--with both sides making concessions to move
forward.
We all agreed that improvements needed to be made to our country's
education laws. Although Democrats and Republicans have vastly
different approaches, through compromise, Senators Murray and Alexander
were able to craft a balanced bill.
That is not to say that this bill is perfect. We still have work to
do. I know that many Senators will have ideas for improving this
legislation. I, for one, think we can do more to ensure that our
lowest-performing schools make progress, or that we can do more to
address schools with persistently low graduation rates. I believe we
can do more to expand early learning opportunities and to do more to
protect students from bullying. I will also strongly oppose efforts to
weaken public schools through voucher programs.
I look forward to a substantive debate on this important bill. After
all, helping to ensure that every American child gets a quality
education could be among the most important things that the Senate will
do during this Congress.
The PRESIDING OFFICER (Mr. Cassidy). The Senator from Tennessee.
Amendments Nos. 2083, 2092, 2108, 2119, 2131, and 2138 to Amendment No.
2089
Mr. ALEXANDER. Mr. President, Senator Murray and this Senator have a
small package of amendments that have been cleared by both sides. I ask
unanimous consent that the following
[[Page S4923]]
amendments be called up, reported by number, and agreed to en bloc:
Gardner No. 2083, McCaskill No. 2092, Gillibrand No. 2108, Gardner No.
2119, Casey No. 2131, and Klobuchar No. 2138.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the amendments en bloc.
The senior assistant legislative clerk read as follows:
The Senator from Tennessee [Mr. Alexander], for others,
proposes amendments numbered 2083, 2092, 2108, 2119, 2131,
and 2138 to amendment No. 2089.
The amendments (Nos. 2083, 2092, 2108, 2119, 2131, and 2138) were
agreed to, as follows:
amendment no. 2083
(Purpose: To enable local educational agencies to use funds under part
A of title I for dual or concurrent enrollment programs at eligible
schools)
On page 145, between lines 17 and 18, insert the following:
``(e) Use for Dual or Concurrent Enrollment Programs.--
``(1) In general.--A local educational agency carrying out
a schoolwide program or a targeted assistance school program
under subsection (c) or (d) in a high school may use funds
received under this part--
``(A) to carry out--
``(i) dual or concurrent enrollment programs for high
school students, through which the students are enrolled in
the high school and in postsecondary courses at an
institution of higher education; or
``(ii) programs that allow a student to continue in a dual
or concurrent enrollment program at a high school for the
school year following the student's completion of grade 12;
or
``(B) to provide training for teachers, and joint
professional development for teachers in collaboration with
career and technical educators and educators from
institutions of higher education where appropriate, for the
purpose of integrating rigorous academics in dual or
concurrent enrollment programs.
``(2) Flexibility of funds.--A local educational agency
using funds received under this part for a dual or concurrent
program described in clause (i) or (ii) of paragraph (1)(A)
may use such funds for any of the costs associated with such
program, including the costs of--
``(A) tuition and fees, books, and required instructional
materials for such program; and
``(B) transportation to and from such program.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to impose on any State any requirement or
rule regarding dual or concurrent enrollment programs that is
inconsistent with State law.
amendment no. 2092
(Purpose: Enabling States, as a consortium, to use certain grant funds
to voluntarily develop a process that allows teachers who are licensed
or certified in a participating State to teach in other participating
States)
On page 284, between lines 11 and 12, insert the following:
``(xxi) Enabling States, as a consortium, to voluntarily
develop a process that allows teachers who are licensed or
certified in a participating State to teach in other
participating States without completing additional licensure
or certification requirements, except that nothing in this
clause shall be construed to allow the Secretary to exercise
any direction, supervision, or control over State teacher
licensing or certification requirements.
Amendment No. 2108
(Purpose: To amend the program under part E of title II to ensure
increased access to science, technology, engineering, and mathematics
subject fields for underrepresented students, and for other purposes)
On page 369, strike lines 1 and 2 and insert the following:
``(2) improving student engagement in, and increasing
student access to, such subjects, including for students from
groups underrepresented in such subjects, such as female
students, minority students, English learners, children with
disabilities, and economically disadvantaged students;
Beginning on page 374, strike lines 17 through 22 and
insert the following:
``(C) how the State's proposed project will ensure
increased access for students who are members of groups
underrepresented in science, technology, engineering, and
mathematics subject fields (which may include female
students, minority students, English learners, children with
disabilities, and economically disadvantaged students) to
high-quality courses in 1 or more of the identified subjects;
and
On page 375, strike lines 8 through 12 and insert the
following:
``(1) Increasing access for students through grade 12 who
are members of groups underrepresented in science,
technology, engineering, and mathematics subject fields, such
as female students, minority students, English learners,
children with disabilities, and economically disadvantaged
students, to high-quality courses in the identified subjects.
On page 377, between lines 22 and 23, insert the following:
``(iii) A description of how the eligible subgrantee will
use funds provided under this subsection for services and
activities to increase access for students who are members of
groups underrepresented in science, technology, engineering,
and mathematics subject fields, which may include female
students, minority students, English learners, children with
disabilities, and economically disadvantaged students, to
high-quality courses in 1 or more of the State's identified
subjects. Such activities and services may include after-
school activities or other informal learning opportunities
designed to encourage interest and develop skills in 1 or
more of such subjects.
On page 381, between lines 4 and 5, insert the following:
``(iv) broaden student access to mentorship, tutoring, and
after-school activities or other informal learning
opportunities designed to encourage interest and develop
skills in 1 or more of the State's identified subjects;
Amendment No. 2119
(Purpose: To include charter school representatives in the list of
entities with whom a State and local educational agency shall consult
in the development of plans under title I)
On page 19, line 22, insert ``public charter school
representatives (if applicable),'' before ``specialized''.
On page 95, line 12, insert ``public charter school
representatives (if applicable),'' after ``leaders,''.
Amendment No. 2131
(Purpose: To improve the bill relating to appropriate accommodations
for children with disabilities)
On page 39 line 15, insert ``, such as interoperability
with and ability to use assistive technology,'' after
``accommodations''.
Amendment No. 2138
(Purpose: To amend the Elementary and Secondary Education Act of 1965
relating to improving student academic achievement in science,
technology, engineering, and mathematics)
On page 370, between lines 18 and 19, insert the following:
``(3) STEM-focused specialty school.--The term `STEM-
focused specialty school' means a school, or a dedicated
program within a school, that engages students in rigorous,
relevant, and integrated learning experiences focused on
science, technology, engineering, and mathematics, which
include authentic school-wide research.
On page 382, line 12, strike the period and insert the
following: ``; and
``(viii) support the creation and enhancement of STEM-
focused specialty schools that improve student academic
achievement in science, technology, engineering, and
mathematics, including computer science, and prepare more
students to be ready for postsecondary education and careers
in such subjects.
Beginning on page 384, strike line 3 and all that follows
through line 23 on page 384 and insert the following:
``(c) Evaluation and Management.--The Secretary shall--
``(1) acting through the Director of the Institute of
Education Sciences, and in consultation with the Director of
the National Science Foundation--
``(A) evaluate the implementation and impact of the
activities supported under this part, including progress
measured by the metrics established under subsection (a); and
``(B) identify best practices to improve instruction in
science, technology, engineering, and mathematics subjects;
``(2) disseminate, in consultation with the National
Science Foundation, research on best practices to improve
instruction in science, technology, engineering, and
mathematics subjects;
``(3) ensure that the Department is taking appropriate
action to--
``(A) identify all activities being supported under this
part; and
``(B) avoid unnecessary duplication of efforts between the
activities being supported under this part and other
programmatic activities supported by the Department or by
other Federal agencies; and
``(4) develop a rigorous system to--
``(A) identify the science, technology, engineering, and
mathematics education-specific needs of States and
stakeholders receiving funds through subgrants under this
part;
``(B) make public and widely disseminate programmatic
activities relating to science, technology, engineering, and
mathematics that are supported by the Department or by other
Federal agencies; and
``(C) develop plans for aligning the programmatic
activities supported by the Department and other Federal
agencies with the State and stakeholder needs.
Amendments Nos. 2161, 2132, and 2080 to Amendment No. 2089
Mr. ALEXANDER. Mr. President, I ask unanimous consent to set aside
the pending amendment and call up the following amendments en bloc:
Kirk No. 2161, Scott No. 2132, and Hatch No. 2080. And I further ask
that Senator Murray be recognized to call up two other amendments.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk shall report the amendments en bloc.
The senior assistant legislative clerk read as follows:
[[Page S4924]]
The Senator from Tennessee [Mr. Alexander], for others,
proposes amendments numbered 2161, 2132, and 2080 to
amendment No. 2089.
The amendments are as follows:
Amendment No. 2161
(Purpose: To ensure that States measure and report on indicators of
student access to critical educational resources and identify
disparities in such resources, and for other purposes)
On page 69, between lines 16 and 17, insert the following:
``(N) how the State will measure and report on indicators
of student access to critical educational resources and
identify disparities in such resources (referred to for
purposes of this Act as an `Opportunity Dashboard of Core
Resources') for each local educational agency and each public
school in the State in a manner that--
``(i) provides data on each indicator, for all students and
disaggregated by each of the categories of students, as
defined in subsection (b)(3)(A); and
``(ii) is based on the indicators described in clauses (v),
(vii), (x), (xiii), and (xiv) of subsection (d)(1)(C) and not
less than 3 of the following:
``(I) access to qualified paraprofessionals, and
specialized instructional support personnel, who are
certified or licensed by the State;
``(II) availability of health and wellness programs;
``(III) availability of dedicated school library programs
and modern instructional materials and school facilities;
``(IV) enrollment in early childhood education programs and
full-day, 5-day-a-week kindergarten; and
``(V) availability of core academic subject courses;
``(O) how the State will develop plans with local
educational agencies, including a timeline with annual
benchmarks, to address disparities identified under
subparagraph (N) and, if a local educational agency does not
achieve the applicable annual benchmarks for two consecutive
years, how the State will allocate resources and supports to
such local educational agency based on the identified needs;
On page 82, between lines 23 and 24, insert the following:
``(xviii) Information on the indicators of student access
to critical educational resources selected by the State, as
described in subsection (c)(1)(N), for all students and
disaggregated by each of the categories of students, as
defined in subsection (b)(3)(A), for each local educational
agency and each school in the State and by the categories
described in clause (vii).
On page 115, after line 25, add the following:
``(3) Resource, support, and program availability.--A local
educational agency that receives funds under this part shall
notify the parents of each student attending any school
receiving funds under this part that the parents may request,
and the agency will provide the parents on request (and in a
timely manner), information regarding the availability of
critical educational resources, supports, and programs, as
described in the State plan in accordance with section
1111(c)(1)(N).
Amendment No. 2132
(Purpose: To expand opportunity by allowing Title I funds to follow
low-income children)
After section 1010, insert the following:
SEC. 1011. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE OPTION.
Subpart 2 of part A of title I is amended by inserting
after section 1122 the following:
``SEC. 1123. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE
OPTION.
``(a) Funds Follow the Low-income Child.--Notwithstanding
any other provisions in this title requiring a State to
reserve or distribute funds, a State may, in accordance with
and as permitted by State law, distribute funds under this
subpart among the local educational agencies in the State
based on the number of eligible children enrolled in the
public schools operated by each local educational agency and
the number of eligible children within each local educational
agency's geographical area whose parents elect to send their
child to a private school, for the purposes of ensuring that
funding under this subpart follows low-income children to the
public school they attend and that payments will be made to
the parents of eligible children who choose to enroll their
eligible children in private schools.
``(b) Eligible Child.--
``(1) Definition.--In this section, the term `eligible
child' means a child aged 5 to 17, inclusive from a family
with an income below the poverty level on the basis of the
most recent satisfactory data published by the Department of
Commerce.
``(2) Criteria of poverty.--In determining the families
with incomes below the poverty level for the purposes of this
section, a State educational agency shall use the criteria of
poverty used by the Census Bureau in compiling the most
recent decennial census, as the criteria have been updated by
increases in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics.
``(c) Identification of Eligible Children; Allocation and
Distribution of Funds.--
``(1) Identification of eligible children.--On an annual
basis, on a date to be determined by the State educational
agency, each local educational agency shall inform the State
educational agency of the number of eligible children
enrolled in public schools served by the local educational
agency and the number of eligible children within each local
educational agency's geographical area whose parents elect to
send their child to a private school.
``(2) Amount of payment.--
``(A) In general.--Subject to subparagraph (B), the amount
of payment for each eligible child described in this section
shall be equal to--
``(i) the total amount allotted to the State under this
subpart; divided by
``(ii) the total number of eligible children in the State
identified under paragraph (1).
``(B) Limitation.--In the case of a payment made to the
parents of an eligible child who elects to attend a private
school, the amount of the payment described in subparagraph
(A) for each eligible child shall not exceed the cost for
tuition, fees, and transportation for the eligible child to
attend the private school.
``(3) Allocation to local educational agencies.--Based on
the identification of eligible children in paragraph (1), the
State educational agency shall provide to a local educational
agency an amount equal to the product of--
``(A) the amount available for each eligible child in the
State, as determined in paragraph (2); multiplied by
``(B) the number of eligible children identified by the
local educational agency under paragraph (1).
``(4) Distribution to schools.--From amounts allocated
under paragraph (3) and notwithstanding any provisions in
this title requiring a local educational agency to reserve
funds, each local educational agency that receives funds
under such paragraph shall distribute a portion of such funds
to the public schools served by the local educational agency,
which amount shall--
``(A) be based on the number of eligible children enrolled
in such schools and included in the count submitted under
paragraph (1); and
``(B) be distributed in a manner that would, in the absence
of such Federal funds, supplement the funds made available
from non-Federal resources for the education of pupils
participating in programs under this part, and not to
supplant such funds (in accordance with the method of
determination described in section 1117).
``(5) Distribution to parents.--
``(A) In general.--From the amounts allocated under
paragraph (3) and notwithstanding any provisions in this
title requiring a local educational agency to reserve funds,
each local educational agency that receives funds under such
paragraph shall distribute a portion of such funds, in an
amount equal to the amount described in paragraph (2), to the
parents of each eligible child within the local educational
agency's geographical area who elect to send their child to a
private school and whose child is included in the count of
such eligible children under paragraph (1), which amount
shall be distributed in a manner so as to ensure that such
payments will be used for the payment of tuition, fees, and
transportation expenses (if any).
``(B) Reservation.--A local educational agency described in
this paragraph may reserve not more than 1 percent of the
funds available for distribution under subparagraph (A) to
pay administrative costs associated with carrying out the
activities described in such subparagraph.
``(d) Technical Assistance.--The Secretary, in consultation
with the Secretary of Commerce, shall provide technical
assistance to the State educational agencies that choose to
allocate grant funds in accordance with subsection (a), for
the purpose of assisting local educational agencies and
schools in such States to determine an accurate methodology
to identify the number of eligible children under subsection
(c)(1).
``(e) Rule of Construction.--Payments to parents under this
subsection (c)(5) shall be considered assistance to the
eligible child and shall not be considered assistance to the
school that enrolls the eligible child. The amount of any
payment under this section shall not be treated as income of
the child or his or her parents for purposes of Federal tax
laws or for determining eligibility for any other Federal
program.
``(f) Requirements for Participating Private Schools.--A
private school that enrolls eligible children whose parents
receive funds under this section--
``(1) shall be accredited, licensed, or otherwise operating
in accordance with State law;
``(2) shall ensure that the amount of any tuition or fees
charged by the school to an eligible child whose parents
receive funds from a local educational agency through a
distribution under this section does not exceed the amount of
tuition or fees that the school charges to students whose
parents do not receive such funds;
``(3) shall be academically accountable to the parent for
meeting the educational needs of the student; and
``(4) shall not discriminate against eligible children on
the basis of race, color, national origin, or sex, except
that--
``(A) the prohibition of sex discrimination 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 such prohibition is
inconsistent with the religious tenets or beliefs of the
school; and
[[Page S4925]]
``(B) notwithstanding this paragraph or any other provision
of law, a parent may choose, and a school may offer, a
single-sex school, class, or activity.
``(g) Prohibitions on Control of Participating Private
Schools.--Notwithstanding any other provision of law, a
private school that enrolls eligible children whose parents
receive funds under this section--
``(1) may be a school that is operated by, supervised by,
controlled by, or connected to, a religious organization to
exercise its right in matters of employment consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.), including the exemptions in that title; and
``(2) consistent with the First Amendment of the
Constitution of the United States, shall not--
``(A) be required to make any change in the school's
teaching mission;
``(B) be required to remove religious art, icons,
scriptures, or other symbols; or
``(C) be precluded 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.
``(h) Evaluation.--Every 2 years, the Secretary shall
conduct an evaluation of eligible children whose parents
receive funds under this section, which shall include an
evaluation of--
``(1) 4-year adjusted cohort graduation rates; and
``(2) parental satisfaction regarding the relevant
activities carried out under this section.
``(i) Requests for Data and Information.--Each school that
enrolls eligible children whose parents receive funds under
this section shall comply with all requests for data and
information regarding evaluations conducted under subsection
(h).
``(j) Rules of Conduct and Other School Policies.--A school
that enrolls eligible children whose parents receive funds
under this section may require such children to abide by any
rules of conduct and other requirements applicable to all
other students at the school.
``(k) Report to Parents.--
``(1) In general.--Each school that enrolls eligible
children whose parents receive funds under this section shall
report, at least once during the school year, to such parents
on--
``(A) their child's academic achievement, as measured by a
comparison with--
``(i) the aggregate academic achievement of other students
at the school who are eligible children whose parents receive
funds under this section and who are in the same grade or
level, as appropriate; and
``(ii) the aggregate academic achievement of the student's
peers at the school who are in the same grade or level, as
appropriate; and
``(B) the safety of the school, including the incidence of
school violence, student suspensions, and student expulsions.
``(2) Prohibition on disclosure of personal information.--
No report under this subsection may contain any personally
identifiable information, except that a student's parent may
receive a report containing personally identifiable
information relating to their own child.''.
Amendment No. 2080
(Purpose: To establish a committee on student privacy policy)
At the end of title I, add the following:
SEC. 1018. STUDENT PRIVACY POLICY COMMITTEE.
(a) Establishment of a Committee on Student Privacy
Policy.--Not later than 60 days after the date of enactment
of this Act, there is established a committee to be known as
the ``Student Privacy Policy Committee'' (referred to in this
section as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of--
(A) 3 individuals appointed by the Secretary of Education;
(B) not less than 8 and not more than 13 individuals
appointed by the Comptroller General of the United States,
representing--
(i) experts in education data and student privacy;
(ii) educators and parents;
(iii) State and local government officials responsible for
managing student information;
(iv) education technology leaders in the State or a local
educational agency;
(v) experts with practical experience dealing with data
privacy management at the State or local level;
(vi) experts with a background in academia or research in
data privacy and education data; and
(vii) education technology providers and education data
storage providers; and
(C) 4 members appointed by--
(i) the majority leader of the Senate;
(ii) the minority leader of the Senate;
(iii) the Speaker of the House of Representatives; and
(iv) the minority leader of the House of Representatives.
(D) Chairperson.--The Committee shall select a Chairperson
from among its members.
(E) Vacancies.--Any vacancy in the Committee shall not
affect the powers of the Committee and shall be filled in the
same manner as an initial appointment described in
subparagraphs (A) through (C).
(c) Meetings.--The Committee shall hold, at the call of the
Chairperson, not less than 5 meetings before completing the
study required under subsection (e) and the report required
under subsection (f).
(d) Personnel Matters.--
(1) Compensation of members.--Each member of the Committee
shall serve without compensation in addition to any such
compensation received for the member's service as an officer
or employee of the United States, if applicable.
(2) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Committee.
(e) Duties of the Committee.--
(1) Study.--The Committee shall conduct a study on the
effectiveness of Federal laws and enforcement mechanisms of--
(A) student privacy; and
(B) parental rights to student information.
(2) Recommendations.--Based on the findings of the study
under paragraph (1), the Committee shall develop
recommendations addressing issues of student privacy and
parental rights and how to improve and enforce Federal laws
regarding student privacy and parental rights, including
recommendations that--
(A) provide or update standard definitions, if needed, for
relevant terms related to student privacy, including--
(i) education record;
(ii) personally identifiable information;
(iii) aggregated, de-identified, or anonymized data;
(iv) third-party; and
(v) educational purpose;
(B) identify--
(i) which Federal laws should be updated; and
(ii) the appropriate Federal enforcement authority to
execute the laws identified in clause (i);
(C) address the sharing of data in an increasingly
technological world, including--
(i) evaluations of protections in place for student data
when it is used for research purposes;
(ii) establishing best practices for any entity that is
charged with handling, or that comes into contact with,
student education records;
(iii) ensuring that identifiable data cannot be used to
target students for advertising or marketing purposes; and
(iv) establishing best practices for data deletion and
minimization;
(D) discuss transparency and parental access to personal
student information by establishing best practices for--
(i) ensuring parental knowledge of any entity that stores
or accesses their student's information;
(ii) parents to amend, delete, or modify their student's
information; and
(iii) a central designee in a State or a political
subdivision of a State who can oversee transparency and serve
as a point of contact for interested parties;
(E) establish best practices for the local entities who
handle student privacy, which may include professional
development for those who come into contact with identifiable
data; and
(F) discuss how to improve coordination between Federal and
State laws.
(f) Report.--Not later than 270 days after the date of
enactment of this Act, the Committee shall prepare and submit
a report to the Secretary of Education and to Congress
containing the findings of the study under subsection (e)(1)
and the recommendations developed under subsection (e)(2).
The PRESIDING OFFICER. The Senator from Washington.
Amendments Nos. 2093 and 2118 to Amendment No. 2089
Mrs. MURRAY. Mr. President, I ask unanimous consent to set aside the
pending amendment to call up the Franken amendment No. 2093 and the
Kaine amendment No. 2118 en bloc.
The PRESIDING OFFICER. Without objection, the clerk shall report.
The senior assistant legislative clerk read as follows:
The Senator from Washington [Mrs. Murray], for others,
proposes amendments numbered 2093 and 2118 to amendment No.
2089.
The amendments are as follows:
Amendment No. 2093
(Purpose: To end discrimination based on actual or
perceived sexual orientation or gender identity in public
schools.)
(The amendment is printed in the Record of July 7, 2015, under ``Text
of Amendments.'')
Amendment No. 2118
(Purpose: To amend the State accountability system under section
1113(b)(3) regarding the measures used to ensure that students are
ready to enter postsecondary education or the workforce without the
need for postsecondary remediation)
On page 56, strike lines 9 through 12 and insert the
following:
``(aa) student readiness to enter postsecondary education
or the workforce without the need for postsecondary
remediation, which may include--
``(AA) measures that integrate preparation for
postsecondary education and the workforce, including
performance in coursework
[[Page S4926]]
sequences that integrate rigorous academics, work-based
learning, and career and technical education;
``(BB) measures of a high-quality and accelerated academic
program as determined appropriate by the State, which may
include the percentage of students who participate in a
State-approved career and technical program of study as
described in section 122(c)(1)(A) of the Carl D. Perkins
Career and Technical Education Act of 2006 and measures of
technical skill attainment and placement described in section
113(b) of such Act and reported by the State in a manner
consistent with section 113(c) of such Act, or other
substantially similar measures;
``(CC) student performance on assessments aligned with the
expectations for first-year postsecondary education success;
``(DD) student performance on admissions tests for
postsecondary education;
``(EE) student performance on assessments of career
readiness and acquisition of industry-recognized credentials
that meet the quality criteria established by the State under
section 123(a) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102);
``(FF) student enrollment rates in postsecondary education;
``(GG) measures of student remediation in postsecondary
education; and
``(HH) measures of student credit accumulation in
postsecondary education;
On page 57, line 14, strike ``; and'' and insert ``, which
may include participation and performance in Advanced
Placement, International Baccalaureate, dual enrollment, and
early college high school programs; and''.
Mr. ALEXANDER. Mr. President, I ask unanimous consent that at 5:30
p.m. on Monday, July 13, the Senate vote on the following amendments,
with no second-degree amendments in order to any of the amendments
prior to the votes: Hatch amendment No. 2080 and Kaine amendment No.
2118.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________