[Congressional Record (Bound Edition), Volume 145 (1999), Part 10]
[Senate]
[Pages 13788-13798]
[From the U.S. Government Publishing Office, www.gpo.gov]



THE ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES, TRAINING, 
                      AND ADVANCED TECHNOLOGY ACT

  Mr. REED. Mr. President, I rise today to introduce legislation to 
support and strengthen America's school libraries.
  The school library plays a vital role in the education of students. 
It is where reading skills are reinforced; the laboratory where ideas 
taught in class are explored and tested; the arena in

[[Page 13789]]

which children explore new ideas and learn on their own; and a vital 
bridge to the remarkable and growing resources of the information age.
  Research shows that well-equipped and well-staffed school libraries 
are essential to promoting learning and achievement. Indeed, a 1992 
study found that students in schools with well-equipped libraries and 
professional library media specialists perform better on achievement 
tests for reading comprehension and basic research skills.
  This finding was echoed in a 1994 U.S. Department of Education report 
on the impact of school library media centers which noted that the 
highest achieving students tend to come from schools with strong 
libraries and library programs.
  And, a 1993 review of research studies concluded that free voluntary 
reading is the foundation for good grammar, writing, and reading 
comprehension abilities. For the average American student, the school 
library is the single most available source of reading material.
  Mr. President, with our ever-changing global economy, access to 
information and the skills to use it are vital to ensuring that young 
Americans are competitive and informed citizens of the world. That is 
why the school library is so important in supplementing what is learned 
in the classroom; promoting better learning, including reading, 
research, library use, and electronic database skills; and providing 
the foundation for independent learning that allows students to achieve 
throughout their educational careers and their lives.
  While the promise of a well-equipped school library is limitless, and 
its importance greater than ever, the condition of libraries today does 
not live up to that potential. As Linda Wood, a school library media 
specialist from South Kingstown High School in Rhode Island, recently 
noted during a Health, Education, Labor, and Pensions Committee 
hearing, school library collections are outdated and sparse. Indeed, 
schools across the nation are dependent on collections purchased in the 
mid-1960s under the original Elementary and Secondary Education Act.
  As a result, many books in our school libraries predate the landing 
of manned spacecraft on the moon, the breakup of the Soviet Union, the 
end of Apartheid, the growth of the Internet, and advances in DNA 
research. In a rapidly changing world, our students are placed at a 
major disadvantage if the only scientific, historical, and geographical 
materials they have access to reflect times long gone by.
  In sum, school library funding is grossly inadequate to the task of 
improving and supplementing collections. Library spending per student 
today is a small fraction of the cost of a new book. Indeed, while the 
average school library book costs $16, the average spending per student 
for books is $6.73 in elementary schools; $7.30 in middle schools; and 
$6.27 in high schools.
  Consequently, many outdated books that should be removed from shelves 
cannot be, since there is no money to replace them. One case in point 
is California which in response to its fourth-graders being ranked 
second to last among 39 states on last year's National Assessment of 
Educational Progress has begun an effort to restock school library 
shelves in order to weed out old and inaccurate books, including those 
rife with racial stereotypes and those which proclaim ``one day, man 
might go to the moon''. For a long time, according to a recent Los 
Angeles Times article, California school librarians could not afford to 
take such a step because there would be no books left on the shelves. 
Too few states, however, are taking similar steps to improve school 
libraries.
  My home state of Rhode Island is working on an innovative effort to 
ensure that students gain access to materials not available in their 
own school libraries. RILINK (the Rhode Island Library Information 
Network for Kids) gives students and teachers 24-hour Internet access 
to a statewide catalog of school library holdings, complete with 
information about the book's status on the shelf. RILINK also allows 
for on-line request of materials via interlibrary loan, with rapid 
delivery through a statewide courier system, and provides links from 
book information records to related Internet research sites, allowing a 
single book request to serve as a point of departure for a galaxy of 
information sources.
  Unfortunately, such innovations, which could benefit schoolchildren 
across the nation, cannot be expanded without adequate library funding. 
Indeed, the only federal funding that is currently available to school 
libraries is the Title VI block grant, which allows expenditure for 
school library and instructional materials as one of seven choices for 
local uses of funds. This program is slated for elimination under the 
Administration's fiscal year 2000 budget and Elementary and Secondary 
Education Act reauthorization proposal.
  Mr. President, well-trained school library media specialists are also 
essential to helping students unlock their potential. These individuals 
are at the heart of guiding students in their work, providing research 
training, maintaining and developing collections, and ensuring that a 
library fulfills its potential. In addition, they have the skills to 
guide students in the use of the broad variety of advanced 
technological education resources now available.
  Unfortunately, only 68% of schools have state certified library media 
specialists, according to Department of Education figures, and, on 
average, there is only one specialist for every 591 students. This 
shortage means that many school libraries are staffed by volunteers and 
are open only a few days a week.
  Mr. President, the bipartisan bill I am introducing today, along with 
Senators Cochran, Sarbanes, Wellstone, Kennedy, Daschle, Reid, and 
Murray, would restore the funding that is critical to improving school 
libraries. The Elementary And Secondary School Library Media Resources, 
Training, And Advanced Technology Act directs funding to schools with 
the greatest need and would ensure that students have access to the 
informational tools they need to learn and achieve at the highest 
levels by providing funds to update library media resources, such as 
books and advanced technology, train school library media specialists, 
facilitate resource-sharing among school libraries, and improve 
collaboration between school library media specialists and teachers.
  The bill also establishes the School Library Access Program to 
provide students with access to school libraries during non-school 
hours, including before and after school, weekends, and summers.
  Providing access to the most up-to-date school library collections is 
an essential part of increasing student achievement, improving literacy 
skills, fostering a love of reading, and helping students become 
lifelong learners. The Elementary and Secondary School Library Media 
Resources, Training, and Advanced Technology Act, which is strongly 
supported by the American Library Association, will help accomplish 
these essential goals. I urge my colleagues to cosponsor this important 
legislation and work for its inclusion in the upcoming reauthorization 
of the Elementary and Secondary Education Act.
  Mr. President, I ask unanimous consent that the text of this 
legislation and a letter of support written by the American Library 
Association be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1262

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Elementary and Secondary 
     School Library Media Resources, Training, and Advanced 
     Technology Assistance Act''.

     SEC. 2. PURPOSE.

       The purposes of this Act are--
       (1) to improve academic achievement of students by 
     providing students with increased access to up-to-date school 
     library materials, a well-equipped, technologically advanced 
     school library media center, and well-trained, professionally 
     certified school library media specialists;

[[Page 13790]]

       (2) to support the acquisition of up-to-date school library 
     media resources for the use of students, school library media 
     specialists, and teachers in elementary schools and secondary 
     schools;
       (3) to provide school library media specialists with the 
     tools and training opportunities necessary for the 
     specialists to facilitate the development and enhancement of 
     the information literacy, information retrieval, and critical 
     thinking skills of students; and
       (4)(A) to ensure the effective coordination of resources 
     for library, technology, and professional development 
     activities for elementary schools and secondary schools; and
       (B) to ensure collaboration between school library media 
     specialists, and elementary school and secondary school 
     teachers and administrators, in developing curriculum-based 
     instructional activities for students so that school library 
     media specialists are partners in the learning process of 
     students.

     SEC. 3. SCHOOL LIBRARY MEDIA RESOURCES.

       Title III of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end 
     the following:

   ``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES

                  ``Subpart 1--Library Media Resources

     ``SEC. 3701. STATE ALLOTMENTS.

       ``The Secretary shall allot to each eligible State 
     educational agency for a fiscal year an amount that bears the 
     same relation to the amount appropriated under section 3710 
     and not reserved under section 3709 for the fiscal year as 
     the amount the State educational agency received under part A 
     of title I for the preceding fiscal year bears to the amount 
     all State educational agencies received under part A of title 
     I for the preceding fiscal year.

     ``SEC. 3702. STATE APPLICATIONS.

       ``To be eligible to receive an allotment under section 3701 
     for a State for a fiscal year, the State educational agency 
     shall submit to the Secretary an application at such time, in 
     such manner, and containing such information as the Secretary 
     shall require. The application shall contain a description 
     of--
       ``(1) the manner in which the State educational agency will 
     use the needs assessment described in section 3705 and 
     poverty data to allocate funds made available through the 
     allotment to the local educational agencies in the State with 
     the greatest need for school library media improvement;
       ``(2) the manner in which the State educational agency will 
     effectively coordinate all Federal and State funds available 
     for library, technology, and professional development 
     activities to assist local educational agencies, elementary 
     schools, and secondary schools in--
       ``(A) acquiring up-to-date school library media resources 
     in all formats, including books and advanced technology such 
     as Internet connections;
       ``(B) providing training for school library media 
     specialists; and
       ``(C) facilitating resource-sharing among schools and 
     school library media centers;
       ``(3) the manner in which the State educational agency will 
     develop standards for the incorporation of new technologies 
     into the curricula of elementary schools and secondary 
     schools through school library media programs to develop and 
     enhance the information literacy, information retrieval, and 
     critical thinking skills of students; and
       ``(4) the manner in which the State educational agency will 
     evaluate the quality and impact of activities carried out 
     under this subpart by local educational agencies to make 
     determinations regarding the need of the agencies for 
     technical assistance and whether to continue funding the 
     agencies under this subpart.

     ``SEC. 3703. STATE RESERVATION.

       ``A State educational agency that receives an allotment 
     under section 3701 may reserve not more than 3 percent of the 
     funds made available through the allotment to provide 
     technical assistance, disseminate information about effective 
     school library media programs, and pay administrative costs, 
     relating to this subpart.

     ``SEC. 3704. LOCAL ALLOCATIONS.

       ``(a) In General.--A State educational agency that receives 
     an allotment under section 3701 for a fiscal year shall use 
     the funds made available through the allotment and not 
     reserved under section 3703 to make allocations to local 
     educational agencies.
       ``(b) Agencies.--The State educational agency shall 
     allocate the funds to the local educational agencies in the 
     State that have--
       ``(1) the greatest need for school library media 
     improvement according to the needs assessment described in 
     section 3705; and
       ``(2) the highest percentages of poverty, as measured in 
     accordance with section 1113(a)(5).

     ``SEC. 3705. LOCAL APPLICATION.

       ``To be eligible to receive an allocation under section 
     3704 for a fiscal year, a local educational agency shall 
     submit to the State educational agency an application at such 
     time, in such manner, and containing such information as the 
     State educational agency shall require. The application shall 
     contain--
       ``(1) a needs assessment relating to need for school 
     library media improvement, based on the age and condition of 
     school library media resources (including book collections), 
     access of school library media centers to advanced 
     technology, including Internet connections, and the 
     availability of well-trained, professionally certified school 
     library media specialists, in schools served by the local 
     educational agency;
       ``(2) a description of the manner in which the local 
     educational agency will use the needs assessment to assist 
     schools with the greatest need for school library media 
     improvement;
       ``(3) a description of the manner in which the local 
     educational agency will use the funds provided through the 
     allocation to carry out the activities described in section 
     3706;
       ``(4) a description of the manner in which the local 
     educational agency will develop and carry out the activities 
     described in section 3706 with the extensive participation of 
     school library media specialists, elementary school and 
     secondary school teachers and administrators, and parents;
       ``(5) a description of the manner in which the local 
     educational agency will effectively coordinate--
       ``(A) funds provided under this subpart with the Federal, 
     State, and local funds received by the agency for library, 
     technology, and professional development activities; and
       ``(B) activities carried out under this subpart with the 
     Federal, State, and local library, technology, and 
     professional development activities carried out by the local 
     educational agency; and
       ``(6) a description of the manner in which the local 
     educational agency will collect and analyze data on the 
     quality and impact of activities carried out under this 
     subpart by schools served by the local educational agency.

     ``SEC. 3706. LOCAL ACTIVITIES.

       ``A local educational agency that receives a local 
     allocation under section 3704 may use the funds made 
     available through the allocation--
       ``(1) to acquire up-to-date school library media resources, 
     including books, for the use of students, school library 
     media specialists, and teachers in elementary schools and 
     secondary schools;
       ``(2) to acquire and utilize advanced technology, 
     incorporated into the curricula of the schools, to develop 
     and enhance the information literacy, information retrieval, 
     and critical thinking skills of students;
       ``(3) to acquire and utilize advanced technology, including 
     Internet links, to facilitate resource-sharing among schools 
     and school library media centers, and public and academic 
     libraries, where possible;
       ``(4) to provide professional development opportunities for 
     school library media specialists; and
       ``(5) to foster increased collaboration between school 
     library media specialists and elementary school and secondary 
     school teachers and administrators.

     ``SEC. 3707. ACCOUNTABILITY AND CONTINUATION OF FUNDS.

       ``Each local educational agency that receives funding under 
     this subpart for a fiscal year shall be eligible to continue 
     to receive the funding--
       ``(1) for each of the 2 following fiscal years; and
       ``(2) for each fiscal year subsequent to the 2 following 
     fiscal years, if the local educational agency demonstrates 
     that the agency has increased--
       ``(A) the availability of, and the access of students, 
     school library media specialists, and elementary and 
     secondary teachers to, up-to-date school library media 
     resources, including books and advanced technology, in 
     elementary schools and secondary schools served by the local 
     educational agency;
       ``(B) the number of well-trained, professionally certified 
     school library media specialists in those schools; and
       ``(C) collaboration between school library media 
     specialists and elementary school and secondary school 
     teachers and administrators for those schools.

     ``SEC. 3708. SUPPLEMENT NOT SUPPLANT.

       ``Funds made available under this subpart shall be used to 
     supplement and not supplant other Federal, State, and local 
     funds expended to carry out activities relating to library, 
     technology, or professional development activities.

     ``SEC. 3709. NATIONAL ACTIVITIES.

       ``The Secretary shall reserve not more than 3 percent of 
     the amount appropriated under section 3710 for a fiscal 
     year--
       ``(1) for an annual, independent, national evaluation of 
     the activities assisted under this subpart, to be conducted 
     not later than 3 years after the date of enactment of this 
     subpart; and
       ``(2) to broadly disseminate information to help States, 
     local educational agencies, school library media specialists, 
     and elementary and secondary teachers and administrators 
     learn about effective school library media programs.

     ``SEC. 3710. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $250,000,000 for fiscal year 2000 and such sums as 
     may be necessary for each of fiscal years 2001 through 2004.

[[Page 13791]]



               ``Subpart 2--School Library Access Program

     ``SEC. 3721. PROGRAM.

       ``(a) In General.--The Secretary may make grants to local 
     educational agencies to provide students with access to 
     libraries in elementary schools and secondary schools during 
     non-school hours, including the hours before and after 
     school, weekends, and summer vacation periods.
       ``(b) Applications.--To be eligible to receive a grant 
     under subsection (a), a local educational agency shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(c) Priority.--In making grants under subsection (a), the 
     Secretary shall give priority to local educational agencies 
     that demonstrate, in applications submitted under subsection 
     (b), that the agencies--
       ``(1) seek to provide activities that will increase reading 
     skills and student achievement;
       ``(2) have effectively coordinated services and funding 
     with entities involved in other Federal, State, and local 
     efforts, to provide programs and activities for students 
     during the non-school hours described in subsection (a); and
       ``(3) have a high level of community support.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this subpart 
     $25,000,000 for fiscal year 2000 and such sums as may be 
     necessary for each of fiscal years 2001 through 2004.''.


                                 American Library Association,

                                    Washington, DC, June 21, 1999.
     Hon. Jack Reed,
     U.S. Senate,
     Washington, DC.
       Dear Senator Reed: I would like to take this opportunity to 
     thank you and Senator Thad Cochran for your bi-partisan 
     support of school libraries as you introduce the Elementary 
     and Secondary School Library Media Resources, Training, and 
     Advanced Technology Assistance Act of 1999. This bill would 
     provide assistance to the nation's school libraries and 
     school library media specialists at a time when they are 
     laboring mightily to cope with the challenges of increasing 
     school enrollment, new technology and the lack of funding for 
     school library resources.
       As a school librarian myself in Juneau, Alaska, I know 
     personally how this legislation will contribute to effective 
     learning by our school children. Many of the nation's school 
     libraries have collections that are old, inaccurate and out 
     of date. How can we encourage children to read and continue 
     to be life-long learners if the material we have available 
     for them is inadequate?
       Your legislation proposes to upgrade collections, encourage 
     and train school librarians, effect greater cooperation 
     between school professionals directly involved in teaching 
     children--school library media specialists, teachers and 
     administrators, and encourages the sharing of resources 
     electronically. This critical legislation should be included 
     in the reauthorization process now going forward in the 
     Senate. The school children of today deserve the best 
     resources we have to give them.
       On behalf of the 57,000 school, public, academic and 
     special librarians, library trustees, friends of libraries 
     and library supporters, I thank you for your efforts to 
     improve the resources in school libraries. We offer the 
     support of our members in working towards passage of the 
     legislation.
           Sincerely,
                                                    Ann K. Symons,
                                                        President.
                                 ______
                                 
      By Mr. JEFFORDS (for himself, Mr. Hatch, and Mr. Gorton):
  S. 1263. A bill to amend the Balanced Budget Act of 1997 to limit the 
reductions in medicare payments under the prospective payment system 
for hospital outpatient department services; to the Committee on 
Finance.


              hospital outpatient preservation act of 1999

  Mr. JEFFORDS. Mr. President, I am introducing today, with Senators 
Hatch and Gorton, the Hospital Outpatient Preservation Act of 1999.
  The Congress passed landmark legislation in 1997, the Balanced Budget 
Act. The BBA has played an important role in ensuring the integrity of 
the Medicare program, but our good intentions to rein in costs went too 
far, too fast in some areas. In fact, I fear that our zeal may result 
in decreased access to care and lower quality of care for Medicare 
beneficiaries if we do not act to soften the impact of BBA 
implementation on health care providers.
  I am particularly concerned about the consequences of payment cuts 
under BBA for Vermont's hospitals and health systems. Norman Wright, 
President of the Vermont Hospital and Health Systems Association, has 
said, ``It is clear that the outpatient prospective payment system 
being implemented from Washington poses a real threat to the 
continuation of quality services being provided by Vermont hospital 
outpatient departments.''
  Through the Hospital Outpatient Preservation Act of 1999, we are 
seeking to address concerns about outpatient reimbursement cuts for 
hospitals. The BBA requires the implementation of a prospective payment 
system (PPS) for the reimbursement of Medicare hospital outpatient 
department services to control rising costs in that area, as the 
provision of care has shifted from inpatient to less costly outpatient 
services. Our proposed legislation would amend BBA '97 by temporarily 
limiting the reduction in payments under the new outpatient PPS for 
outpatient department services to give hospitals a period to adjust to 
the reimbursement cuts.
  Medicare outpatient margins, already negative in 1999, are estimated 
to drop to a negative 28.8 percent if costs increase at a historical 
rate of growth, and to a negative 20.3 percent if costs increase more 
slowly. The Health Care Financing Administration's analysis of its 
proposed rule on the implementation of outpatient PPS found that 
average reductions in outpatient department services reimbursement for 
all hospitals would be 4 percent, but that the reimbursement to low-
volume hospitals would decline by an average of 17 percent. For 
example, Southwestern Vermont Medical Center in Bennington, Vermont, is 
estimated to experience a 16 percent decline in payment. The Chief 
Executive Officer of Mt. Ascutney Hospital in Ascutney, Vermont, 
stated, ``The new outpatient prospective payment methodology would cut 
our reimbursement to the point that our operating margin would be in 
jeopardy. This coming on the heels of other cuts has an additive 
negative effect.''
  If vulnerable rural hospitals are not provided a gradual transition 
period to reorganize operations, such a large decline in reimbursement 
could spell financial disaster. Teaching hospitals are also projected 
to sustain a greater than average loss under the new methodology. I am 
concerned that financial cutbacks of this magnitude could impact the 
access to care and the quality of care provided to Medicare 
beneficiaries by hospitals that are already ailing under payment cuts 
for Medicare inpatient services and from managed organization payment 
cuts.
  The ``Hospital Outpatient Preservation Act of 1999'' would limit a 
hospital's losses for covered outpatient department services furnished 
prior to and during the first full calendar year of outpatient PPS 
implementation to 5 percent, so that a hospital would receive no less 
than 95 percent of what the hospital would have been paid under the 
current reimbursement mechanism. In the second year, the maximum 
payment loss would be 10 percent, and in the third year, 15 percent. 
There would be no limit after the third year.
  The BBA went too far, too fast in cutting costs, and now it's time to 
find the right balance by swinging the pendulum back toward quality. 
The Hospital Outpatient Preservation Act of 1999 would address one area 
of concern by providing a phased implementation period of three years 
to allow hospitals, particularly the hardest hit rural and major 
teaching hospitals, time to adjust to the cuts in reimbursement. 
Through such legislation, we can maintain the financial integrity of 
the Medicare program, while guaranteeing access to high-quality health 
care services for Medicare beneficiaries.
                                 ______
                                 
      By Ms. SNOWE (for herself and Mr. Kennedy):
  S. 1264. A bill to amend the Elementary and Secondary Education Act 
of 1965 and the National Education Statistics Act of 1994 to ensure 
that elementary and secondary schools prepare girls to compete in the 
21st century, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.


                     educating america's girls act

  Ms. SNOWE. Mr. President, I rise today with my colleague, Senator Ted 
Kennedy, to introduce legislation that will play a critical role in the 
advancement of education as we prepare for the demands of the 21st 
Century. Specifically, the ``Educating America's Girls

[[Page 13792]]

Act of 1999'' will ensure that our nation's children--and young women 
in particular--will be prepared for the job market of the coming 
millenium, while also ensuring that the unique needs of girls are 
properly addressed in our nation's schools and classrooms.
  Given the critical role of education in preparing our children for 
the future, it is understandable that there is heightened interest in 
ensuring that the highest academic standards and best practices are 
incorporated in our nation's schools and classrooms. As Congress 
undertakes the reauthorization of the Elementary and Secondary 
Education Act (ESEA) of 1965, the provisions of the ``Educating 
America's Girls Act'' will ensure that the varying educational needs of 
all students, and young girls in particular, are recognized and 
addressed--and ultimately ensure that our efforts to reform and improve 
education are realized.
  Mr. President, due to the changes adopted in 1994, gender equity is a 
major theme throughout the ESEA. Specifically, the needs of girls are 
addressed in current law by requiring professional development 
activities to meet the needs of diverse students, including girls; 
encouraging professional development and recruitment activities to 
increase the numbers of women math and science teachers; including 
sexual harassment and abuse as a focus of the Safe and Drug-Free 
Schools Act; broadening dropout prevention activities to address the 
needs of pregnant and parenting teens; and reauthorizing the Women's 
Educational Equity Act (WEEA), which funds research and programs to 
achieve educational equity for women.
  During the ESEA reauthorization process, we should not only work to 
maintain the important gender equity provisions that were included in 
the 1994 law, but also to prepare girls for the future by adding the 
following provisions: ensure education technology programs are targeted 
in a manner that addresses the unique needs of all students, including 
girls; provide schools with resources to combat sexual harassment and 
abuse; collect data on high school athletic participation by girls; 
keep pregnant and parenting teens in school; and reauthorize WEEA.
  Accordingly, the ``Educating America's Girls Act'' contains 
provisions that will address all of these needs, so I urge that my 
colleagues support this legislation and these additions during the 
upcoming reauthorization of the ESEA.
  Mr. President, with the growing demand for technological skills in 
the workplace--including six out of 10 jobs requiring technological 
skills--the need to incorporate technology in the classroom cannot be 
understated. Accordingly, the utilization of education technology in 
the classroom is an arena in which we must ensure that all students, 
including girls, are not put at a disadvantage.
  Of note, a 1998 report by the American Association of University 
Women, Gender Gaps: Where Our Schools Still Fail Our Children, found 
that girls, when compared to boys, are at a significant disadvantage as 
technology is increasingly incorporated into the classroom. 
Specifically, girls tend to come to the classroom with less exposure to 
computers and other technology, and girls believe that they are less 
adept at using technology than boys. As a result, girls tend to have a 
more ``circumscribed, limited, and cautious'' interaction with 
technology than boys, as highlighted in the report.
  Schools can assist girls in developing a confident relationship to 
technology by integrating digital tools into the curriculum so girls 
can pursue their own interests. Unfortunately, current law lacks 
assurances that federal education programs will compensate for girls' 
different learning styles and different exposures to technology.
  Accordingly, provisions in the ``Educating America's Girls Act'' will 
ensure that the different learning styles of girls and other students 
will be taken into consideration when monies are awarded for a variety 
of existing K-12 programs. Furthermore, it also includes the ``High 
Technology for Girls Act'' (High-Tech Girls), legislation I have 
already introduced that will ensure young girls are encouraged to 
pursue degrees and demanding careers in math, science, engineering, and 
technology--fields that are critical in the increasingly 
technologically-driven workplace.
  Mr. President, as we seek to ensure that the unique technological 
needs of girls are addressed in the classroom, we also cannot ignore 
that sexual harassment and abuse is another issue of importance as we 
seek to educate our nation's children.
  While comprehensive research should be done on the pervasiveness of 
sexual harassment in schools--and ``Educating America's Girls Act'' 
will ensure that such a study is completed--various studies have found 
that the vast majority of secondary school students experience some 
form of sexual harassment during their school lives.
  For instance, the AAUW Educational Foundation's 1993 survey of 8th 
through 11th grade students on sexual harassment in schools, Hostile 
Hallways: The AAUW Survey on Sexual Harassment in America's Schools, 
found that the vast majority of secondary school students experienced 
some form of sexual harassment and that girls are disproportionately 
affected.
  While data on the incidence of sexual harassment is scant, Hostile 
Hallways found that 85 percent of girls experienced some form of sexual 
harassment; 65 percent of girls who have been harassed were harassed in 
the classroom; and 73 percent of girls who have been harassed were 
harassed in the hallway of their school; a student's first experience 
of sexual harassment is most likely to occur in the middle school/
junior high years of 6th to 9th grade; and 81 percent of girls who have 
been harassed do not report it to adults.
  A 1996 University of Michigan study showed that sexual harassment can 
result in academic problems such as paying less attention in class and 
Hostile Hallways found that 32 percent of girls do not want to talk as 
much in class after experiencing harassment. Furthermore, thirty-three 
percent of girls do not want to go to school at all due to the stress 
and anxiety they suffered as a result of the sexual harassment, and 
nearly one in four girls say that harassment caused them to stay home 
from school or cut a class.
  We know little else about the extent of sexual harassment or even the 
nature and extent of more serious sexual crimes in schools. The Safe 
and Drug-Free Schools and Communities Act (SDFSCA) requires the 
National Center for Education Statistics (NCES) to collect data on 
violence in elementary and secondary schools in the United States. 
However, these reports provide only a very limited picture of sexual 
offenses in schools because they only capture data on rape or sexual 
battery reported to police. Further, school crime victimization surveys 
do not include questions on threats or abuse that are sexual in nature.
  Sexual harassment in schools is illegal, a form of sexual 
discrimination banned under Title IX of the Education Amendment of 
1972. Unfortunately, on the 25th anniversary of Title IX, a report by 
the National Coalition for Women and Girls in Education (NCWGE) found 
that less progress was made in the area of sexual harassment than in 
any other gender equity issue in education. NCWGE concluded that few 
schools have sexual harassment policies, or effectively enforce them. 
Therefore, in addition to calling for more intensified Office of Civil 
Rights enforcement, NCWGE called on schools to adopt comprehensive 
policies and programs addressing sexual harassment.
  The reauthorization of the ESEA gives us an opportunity to greatly 
reduce the incidence of sexual harassment by gathering data on these 
often hidden offenses and providing programs to prevent sexual 
harassment and abuse. Accordingly, the ``Educating America's Girls 
Act'' ensures that this data will be compiled and that schools are 
provided with resources to combat sexual harassment. Of importance, 
because the definition of sexual harassment in elementary and secondary 
schools can be contentious, the legislation ensures that local schools 
will have the sole authority to define the

[[Page 13793]]

forms of sexual harassment that will be addressed, and the sole 
authority to determine the types of programs that will be undertaken to 
address it.
  Mr. President, equal access to education for girls also means equal 
access to opportunities for athletic participation in our schools, 
particularly our high schools. Unfortunately, nationwide data measuring 
the participation of girls in physical education and high school 
athletics programs is very limited.
  Participation in high school athletic programs is important for girls 
because research has shown that it improves girls' physical and mental 
health. For instance, a study by the President's Council on Physical 
Fitness and Sports recently found that girls playing sports have better 
physical and emotional health than those who do not. The study also 
found that higher rates of athletic participation were associated with 
lower rates of sexual activity and pregnancy. Other studies link 
physical activity to lower rates of heart disease, breast cancer, and 
osteoporosis in later life. Sports build girls' confidence, sense of 
physical empowerment, and social recognition within the school and 
community.
  In addition, many girls who participate in high school athletics 
programs receive college scholarships. Therefore, by participating in 
high school athletics programs, girls increase their chances at 
receiving a college scholarship--which may be the only way that some 
young women will be able to pursue a higher education.
  Because of the lack of data on girls' participation in physical 
education and athletics during grades K-12, the ``Educating America's 
Girls Act'' will ensure that this data is collected and reported. 
Ultimately, this assembling of information will allow us to determine 
if girls are fully participating in these activities, and if further 
steps should be taken to increase their involvement.
  Mr. President, education is ultimately the means for all girls, 
including pregnant and parenting teens, to achieve economic self-
sufficiency. Yet despite our strides to make education accessible to 
girls, dropping out of school remains a serious problem that should be 
addressed in the reauthorization of the ESEA.
  Five out of every 100 young adults enrolled in high school in 1996 
left school without successfully completing a high school program. In 
October of 1997, 3.6 million young adults, or 11 percent of young 
adults between the ages of 16 and 24 in the United States, were neither 
enrolled in a high school program nor had they completed high school. 
Of note, girls who drop out are less likely than boys to return and 
complete school.
  Twenty-five years after the enactment of Title IX, pregnancy and 
parenting are still the most commonly cited reasons why girls drop out 
of school, and the United States has the highest teen pregnancy rate of 
any industrialized nation. In fact, almost one million teenagers become 
pregnant each year and 80 percent of these pregnancies are unintended.
  Pregnancy and parenting account for half the female dropout rate and 
one fourth of the dropout rate for all students. Two-thirds of girls 
who give birth before age 18 will not complete high school, and the 
younger the adolescent is when she becomes pregnant, the more likely it 
is that she will not complete high school.
  The last reauthorization of ESEA broadened the dropout prevention 
program to address the needs of pregnant and parenting teens. Because 
this problem remains so pervasive, the ``Educating America's Girls 
Act'' contains provisions to strengthen the ESEA's support for programs 
that keep pregnant and parenting teens in school, including the 
utilization of mentoring programs.
  Finally, Mr. President, the Women's Educational Equity Act (WEEA) 
represents the federal commitment to helping schools eradicate sex 
discrimination from their programs and practices and to ensuring that 
girls' future choices and success are determined not by their gender, 
but by their own interests, aspirations, and abilities. Since the 
program's inception in 1974, the WEEA has funded research, development, 
and dissemination of curricular materials; training programs; guidance 
and testing activities; and other projects to combat inequitable 
educational practices.
  Because of the important role that the WEEA has played in addressing 
sex discrimination over the past 25 years, the ``Educating America's 
Girls Act'' reauthorizes the WEEA so that it can continue to address 
the needs of women for many years to come.
  Mr. President, the bottom line is that the reauthorization of the 
ESEA provides us with a unique opportunity to address the numerous 
needs of our nation's students as we prepare for the 21st Century. I 
believe that the provisions of the ``Educating America's Girls Act'' 
will address a variety of these needs--and the unique needs of girls in 
particular--and urge that my colleagues support this legislation 
accordingly during the months ahead.
  Mr. KENNEDY. Mr. President, in recent decades, the nation's schools 
have made great progress in ensuring that young girls receive an 
equitable education. Gender gaps in math and science performance have 
narrowed. More girls are taking algebra, geometry, pre-calculus, 
trigonometry, and calculus than ever before. More girls are taking 
honors and advanced placement level courses in calculus and chemistry.
  Schools are making progress in other areas as well. More and more 
schools are instituting programs to address the problems of sexual 
harassment and abuse. Increasing numbers of girls are participating in 
high school athletics and receiving college athletic scholarships.
  While these improvements are commendable, they are not enough. 
Continued progress is necessary. The Educating America's Girls Act 
addresses some of the most pressing issues in educational equity: 
access to technology, school safety, high school athletics, and dropout 
rates.
  Technology education is particularly important for all students, but 
girls' needs are particularly acute. While gaps between boys and girls 
in math and science are narrowing, the gender gap in technology is 
growing.
  Girls tend to come to the classroom with less exposure to computers 
and other technology than boys. Girls often believe that they are less 
adept at using technology than boys are. They tend to be more cautious 
than boys in the ways that they interact with technology.
  Girls are also dramatically under-represented in advanced computer 
science courses, making them less eligible than boys for high wage, 
high-tech jobs. The fact that girls are less likely than boys to take 
advanced computer science courses actually helps perpetuate a cycle of 
disadvantage in educational technology. Because fewer girls will have 
the skills to enter high-tech fields, fewer women will be developers of 
educational software and fewer role models will be available for young 
girls.
  For girls to have equal access to the growing job market in the 
computer field, immediate steps must be taken to close the technology 
gap between boys and girls. The Educating America's Girls Act addresses 
problems with girls' access to technology by providing professional 
development to assist teachers in dealing more effectively with the 
technology needs of girls. It gives local and state governments and 
private and pubic schools and institutions of higher education the 
opportunity to meet their needs in their applications for federal 
grants. Finally, the Act states that the Title III provisions 
authorizing support for development of education technology must give 
special consideration to programs incorporating the technology learning 
needs of girls.
  School safety is another concern for America's girls. Recent studies 
reveal that 85 percent of girls have experienced some form of sexual 
harassment. Sixty-five percent of girls who have been harassed were 
harassed in the classroom, and 73 percent were harassed in school 
hallways. Eighty-one percent of girls who have been harassed do not 
report the harassment to an adult. Thirty-three percent of girls report 
not wanting to go to school because of anxiety and stress caused by

[[Page 13794]]

harassment. Nearly one quarter of girls report staying home from school 
or cutting classes because of harassment.
  These numbers are clearly unacceptable. It is imperative that our 
schools do a better job of recognizing and eradicating sexual 
harassment in schools. As the recent Supreme Court ruling in Davis v. 
Monroe County Board of Education makes clear, school districts may now 
be sued for damages if they fail to respond to student sexual 
harassment of other students.
  The Educating America's Girl's Act provides $10 million for district 
level programs to train teachers and administrators in identifying and 
preventing sexual harassment. In addition, the Act makes high rates of 
sexual harassment in schools a consideration in determining the 
distribution of state grants for violence prevention programs. It also 
requires that sexual harassment and abuse prevention be among the 
activities included in a school's comprehensive drug and violence 
program. Finally, the Act requires the National Center for Educational 
Statistics to collect data on sexual harassment and abuse in schools as 
a means of identifying and addressing the problem more effectively.
  The Act supports girls' participation in high school athletics. Since 
the passage of Title IX over a quarter century ago, increasing numbers 
of girls are participating in organized sports, although boys continue 
to participate at higher rates.
  Studies show that girls who do so are emotionally and physically 
healthier than girls who do not. Involvement in sports can also lead to 
higher self-esteem and confidence, more positive attitudes toward 
school, an improved sense of physical well-being, social recognition in 
the school and community, and a reduction in destructive behavior.
  In addition, higher rates of athletic participation for girls are 
associated with lower rates of sexual activity and pregnancy. Girls who 
participate in sports are also less likely to drop out of school and 
less likely to smoke cigarettes. Girls who engage in physical activity 
in high school are less likely to suffer from heart disease, breast 
cancer, and osteoporosis in late life.
  Participation in sports also has a positive effect on students' 
academic performance. Students involved in sports and other 
extracurricular activities perform better on assessments in reading and 
mathematics. In addition, for many girls, high school athletic 
opportunities translate into college scholarships.
  Although there is ample evidence that physical activity and athletics 
are beneficial to girls, they are less physically active and less 
involved in high school athletics than boys are. In order to determine 
in what ways girls are affected by athletic participation, it is vital 
that accurate data on girls' participation in physical education and 
high school athletics be collected and made available. Unfortunately, 
current nationwide data is limited, making it difficult to determine 
progress toward equity in athletics, as required by Title IX. The Act 
helps ensure that girls' interests are being met by requiring data 
collection on the participation of high school students, by gender, in 
physical education and athletics.
  The Act also addresses concerns about the dropout rate among pregnant 
teenagers. Almost one million girls in America become pregnant each 
year, and 80 percent of these pregnancies are unintended. Education is 
the means for all girls, including pregnant and parenting teens, to 
achieve economic success. Yet girls who become pregnant as teenagers 
are most likely to drop out of school, jeopardizing not only their own 
economic security but that of their children as well. The younger a 
girl is when she becomes pregnant, the more likely she is to drop out. 
Two-thirds of girls who become pregnant before age 18 will not complete 
school. Girls who drop out of school are less likely to return than 
boys. While teenage pregnancy rates have declined in recent years, they 
are still too high and a reason for grave concern.
  The Act focuses on the needs of pregnant and parenting teens by 
supporting mentoring and support programs that encourage girls who are 
pregnant or have children to stay in school.
  It is also important that the Women's Educational Equity Act be 
reauthorized. WEEA stands for the federal commitment to help schools 
eradicate sex discrimination and ensure that girls' futures are not 
limited by their gender, but are determined by their interests, 
aspirations, and abilities. Since its enactment in 1974, it has 
provided critical support in combating inequitable educational 
practices.
  It provides resources for teachers, administrators, and parents 
seeking proven methods to ensure equity in schools and communities. It 
provides materials and tools to help schools comply with Title IX. It 
provides research and model programs to back up Title IX's promise to 
students of a non-discriminatory education.
  It helps girls become confident, educated, and self-sufficient women 
through projects to prevent teen pregnancy; to keep girls in school; to 
guide them toward careers in math, science, and technology; and to 
provide them with mentors. It has funded over 700 programs since 1974, 
including programs on math and science education and careers, sexual 
harassment, gender-biased teaching practices, and women's history.
  The Educating America's Girls Act will continue all this vital work 
on behalf of girls and young women by reauthorizing the Women's 
Educational Equity Act.
  Significant strides have been made in securing more equitable 
education for the nation's young women and girls, but we cannot afford 
to be complacent. We must keep moving forward to guarantee that girls 
are full participants in the economic and social development of our 
country. Measures to assure gender equity in education are a key means 
of accomplishing this goal. Passage of the Educating America's Girls 
Act is a vital next step for increasing gender equity in education.
                                 ______
                                 
      By Mr. GORTON (for himself, Ms. Collins, Mr. Gregg, Mr. 
        Coverdell, Mr. Brownback, Mr. Ashcroft, Mr. Helms, and Mr. 
        Voinovich):
  S. 1266. A bill to allow a State to combine certain funds to improve 
the academic achievement of all its students; to the Committee on 
Health, Education, Labor, and Pensions.


                          the straight a's act

  Mr. GORTON. Mr. President, I rise today to introduce the Academic 
Achievement for All Act. As a parent and grandparent I know that there 
is no more important issue than our children's education. Education 
unlocks the door to a lifetime of learning; prepares us to participate 
in our democracy; helps our children lead productive, independent lives 
and ensures that our country is economically competitive. Education is 
a vital issue before the Senate as we consider the reauthorization of 
the Elementary and Secondary Education Act--the heart of Washington 
D.C.'s role in K-12 education.
  Over the last several years I have talked with countless teachers, 
principals, parents, and school board members about our educational 
system. I consistently hear that Washington, D.C. interferes with local 
efforts to help students achieve high standards. I hear about 
bureaucratic hurdles, reams of paperwork and one-size-fits-all 
programs. Based on that input, Congressman Goodling and I have written 
a bill that will refocus federal education programs on children and 
learning instead of process and paperwork. It is based on a fundamental 
trust that parents, teachers, local educators and states will make the 
best decisions regarding our children's education, rather than 
bureaucrats 3,000 miles away in Washington, DC. Its only common sense.
  For too long Washington's programs have been driven by an obsession 
to comply with rules and regulations. In our state, 50 percent of all 
the paperwork an educator deals with is the result of federal programs. 
Yet the average school district receives only six percent of its budget 
from the federal government. On a nationwide basis, federal paperwork 
eats up 48 million people hours per year. That's 25,000 employees 
working full time on paper, not on helping our students learn. Is our

[[Page 13795]]

educators' time spent filling out forms or teaching children how to 
read?
  Former Secretary of Education Bill Bennett put it succinctly in a 
recent statement: ``. . . our students have fallen further and further 
behind students in other countries. American 12th graders now rank 19th 
out of 21 nation in mathematics achievement; 16th of 21 in science; 
15th out of 16 in advanced math; and 16th out of 16 nations in advanced 
physics. And this competition does not include Singapore, Korea, Japan 
and Hong Kong--which is rather like finishing last in a professional 
hockey league that does not include Canadians.''
  The good news is that we have before us an opportunity to restructure 
the way the federal government interacts with states and local 
communities in terms of education policy. We must not continue to 
support a system that has stifled creativity in states and local 
communities--the very place real education reform happens.
  While freedom and flexibility are important, our schools should also 
be accountable for results--not to Washington, DC but to the standards 
each state and community has been working on to ensure its students are 
prepared for the 21st Century. We can't forget that our schools are 
ultimately accountable to the voters in each community who elect the 
local school boards and the parents who send their children to our 
schools.
  My proposal, the Straight A's Act, will give parents, educators, 
school districts and states more decision-making authority over the way 
in which federal education funding is used. It means our children's 
teachers will spend less time filling out paperwork and more time in 
classrooms. And, equally important, it means that more federal 
education dollars will find their way into our children's schools, 
where they belong. Right now, as little as 65 cents of every dollar the 
nation's taxpayers invest in education makes it into the classroom.
  Straight A's relies on a simple formula: 
Freedom+Accountability=Results. States would have the option of 
submitting a proposal to the Secretary of Education that would set 
specific, measurable performance goals to be reached in five years. 
States would be allowed maximum flexibility with the use of most of 
their Federal K-12 formula program funds for state education priorities 
and programs in exchange for being held accountable for meeting the 
goals set in their proposal. This would allow States the freedom to 
address more effectively the needs of students in their state. 
Alternatively, states would be free to continue to administer Federal 
education programs the old way. Straight A's does not eliminate any 
program--it's the state's choice to chose its approach.
  What this means for states and school districts is that they can use 
federal funds for any initiative that improves performance of students 
in their state. Those states that choose to participate can focus more 
funds on disadvantaged students, increase efforts to improve teacher 
quality, reduce class size or even hook up all their classes to the 
Internet. The one string is that these efforts must increase the 
achievement of all students--including the lowest performing students--
over the course of five years.
  If states do not substantially meet those goals, they would lose 
their flexibility and revert to the categorical, regulated approach 
under current law. If states do well and significantly reduce 
achievement gaps between high and low performing students, they may be 
rewarded with additional funds.
  Finally, it should also be noted that participating states and school 
districts would not lose any Title I funding. If Title I, Part A is 
included by a state, each school district in that state would be 
assured of receiving at least as much money as they received in the 
fiscal year preceding the year of the agreements enactment.
  This proposal will allow educators to do what they do best--teach 
kids. We should focus on students learning and achieving, not process 
and paperwork.
  My colleagues should also know that I did not develop this concept in 
a vacuum. As I mentioned earlier over the course of the past few years 
I have heard from literally hundreds of parents and educators about the 
challenges they face trying to provide the best possible education for 
their children. In particular, during the last congressional recess 
period I traveled to several schools around Washington state and had a 
chance to talk to many educators about my legislation. They've since 
responded with enthusiastic support for my proposal--I'd like to share 
some of their comments with you now:

       We need more control at the local level not more rules and 
     regulations from the federal government.--Dennis Birr, 
     President of the Association of Washington School Principals.
       Senator Gorton's Straight A's proposal is well-conceived 
     with great flexibility for states and districts. It would 
     help to focus federal resources where they are most needed.--
     Janet Barry, Issaquah Superintendent and 1996 National 
     Superintendent of the Year.
       I believe that the choice is very clear. Would I trade the 
     present government restrictions and stifling paperwork for 
     flexibility and higher accountability? The answer is 
     absolutely yes!--Dr. Richard Semler, Superintendent of the 
     Richland School District.
       The Straight A's Act would release a tremendous amount of 
     badly needed education dollars and give school districts the 
     flexibility they desperately need.--State Senator Don Benton 
     (R-17th) and State Representative Marc Boldt (R-17th).

  I believe so strongly in the fundamental principal that local people 
make the best decisions about our children's education that each week 
I've come to the Senate floor to recognize individuals, schools, and 
educational programs in Washington state that demonstrate innovation 
and excellence in education.
  My first award went to the Tukwila School District which had its 
ethnic diversity grow by more than 1,000 percent in the last seven 
years. I had the opportunity to visit this district earlier this year, 
and I found that 20% of the district's students are enrolled in 
bilingual education, and all told, they speak about 30 different 
languages. To meet the challenge of integrating this immigrant 
population into the school system and the community, the Tukwila School 
District, the City of Tukwila, and the local Rotary Club created ``New 
Friends & Families''--a program designed to engage these hard-to-reach 
immigrant and refugee students and their families to make them aware of 
community services and to encourage parental involvement in their 
children's education. It is programs like ``New Friends & Families'' 
that illustrate the local innovation and local partnerships working to 
ensure all of their students achieve.
  I also had the pleasure over this last break to stop by Chris 
Luther's 3rd grade class at Beachwood Elementary School. This class did 
not miss a spelling word on their weekly spelling tests for the entire 
school year. This is a classroom of average kids, all with different 
backgrounds and abilities. Yet, Mr. Luther has found a way to encourage 
and tutor these students so they are all accomplishing equally 
praiseworthy work. The key has not been some magical formula rather, 
the success of these students comes from a concerted effort by Mr. 
Luther to boost their self-esteem, to enhance their memory skills, and 
to impress upon every child in the classroom that learning is 
important. Those strategies combined with the individual effort of each 
of his students has clearly paid off. Those students may not remember 
how to spell each of the words they learned this year, but they will 
remember their third grade teacher for the rest of their lives.
  Then there's Karen Mikolasy, Washington state's teacher of the year, 
who has taught for 28 years at Shorecrest High School with passion for 
her students and for her work. She emphasizes consistency and 
standards. In Mrs. Mikolasy's class homework is handed in on time and 
papers are rewritten until each student earns at least a B. That 
consistency in expectations also carries over to consistent positive 
reinforcement to her students--she tells them daily that it is a 
privilege to be their teacher. She says that in 28 years, not one day 
has gone by which she hasn't wanted to be in the classroom with her 
students. She was also recently recognized as the Washington

[[Page 13796]]

State Teacher of the Year. In the few minutes I met with her, I 
understood why she won this honor. Her passion and commitment to 
educating and inspiring young people was clear.
  I hope these examples clearly illustrate why it is important that we 
return to our states and local communities the right to set priorities 
that reflect the unique needs of their students and allow more 
districts to have the ability to innovate like the Tukwila School 
District, and more teachers to spend more time with their students and 
hopefully emulate the examples set by Chris Luther and Karen Mikolasy.
  In each of the last two years the Senate has voted to send more money 
to our classrooms, but the President has threatened a veto. I will try 
again this year. I'm going to keep fighting for a shift from programs 
focused on procedures and paperwork to a system that puts student 
learning and academic achievement first--a system that lets those 
closest to our children--their parents, teachers, and principals and 
school board members decide what's best for our children.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1266

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Academic Achievement for All 
     Act (Straight A's Act)''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to create options for States and 
     communities--
       (1) to improve the academic achievement of all students, 
     and to focus the resources of the Federal Government upon 
     such achievement;
       (2) to give States and communities maximum freedom in 
     determining how to boost academic achievement and implement 
     education reforms;
       (3) to hold States and communities accountable for boosting 
     the academic achievement of all students, especially 
     disadvantaged children; and
       (4) to narrow achievement gaps between the lowest and 
     highest performing groups of students so that no child is 
     left behind.

     SEC. 3. PERFORMANCE AGREEMENT.

       (a) Program Authorized.--A State may, at its option, 
     execute a performance agreement with the Secretary under 
     which the provisions of law described in section 4(a) shall 
     not apply to such State except as otherwise provided in this 
     Act.
       (b) Approval of Performance Agreement.--A performance 
     agreement submitted to the Secretary under this section shall 
     be approved by the Secretary unless the Secretary makes a 
     written determination, within 60 days after receiving the 
     performance agreement, that the performance agreement is in 
     violation of the provisions of this Act.
       (c) Terms of Performance Agreement.--Each performance 
     agreement executed pursuant to this Act shall include the 
     following provisions:
       (1) Term.--A statement that the term of the performance 
     agreement shall be 5 years.
       (2) Application of program requirements.--A statement that 
     no program requirements of any program included by the State 
     in the performance agreement shall apply, except as otherwise 
     provided in this Act.
       (3) List.--A list provided by the State of the programs 
     that it wishes to include in the performance agreement.
       (4) Use of funds to improve student achievement.--Include a 
     5-year plan describing how the State intends to combine and 
     use the funds from programs included in the performance 
     agreement to advance the education priorities of the State, 
     improve student achievement, and narrow achievement gaps 
     between students.
       (5) Accountability system requirements.--If a State 
     includes part A of title I of the Elementary and Secondary 
     Education Act of 1965 in its performance agreement, the State 
     shall include a certification that the State has the 
     following:
       (A)(i) developed and implemented the challenging State 
     content standards, challenging State student performance 
     standards, and aligned assessments described in section 
     1111(b) of the Elementary and Secondary Education Act of 
     1965, and for which local educational agencies in the State 
     are producing the individual school performance profiles 
     required by section 1116(a)(3) of such Act; or
       (ii) developed and implemented a system to measure the 
     degree of change from 1 school year to the next in student 
     performance on such assessments;
       (B) established a system under which assessment information 
     is disaggregated by race, ethnicity, sex, English proficiency 
     status, and socioeconomic status for the State, each local 
     educational agency, and each school, except that such 
     disaggregation shall not be required in cases in which the 
     number of students in any such group is insufficient to yield 
     statistically reliable information or would reveal the 
     identity of an individual student;
       (C) established specific, measurable, numerical performance 
     objectives for student achievement, including--
       (i) a definition of performance considered to be 
     satisfactory by the State on the assessment instruments 
     described under subparagraphs (A) and (B) with performance 
     objectives established for all students and for specific 
     student groups, including groups for which data is 
     disaggregated under subparagraph (B); and
       (ii) the objective of improving the performance of all 
     groups and narrowing gaps in performance between those 
     groups; and
       (D) developed and implemented a statewide system for 
     holding its local educational agencies and schools 
     accountable for student performance that includes--
       (i) a procedure for identifying local educational agencies 
     and schools in need of improvement;
       (ii) assisting and building capacity in local educational 
     agencies and schools identified as in need of improvement to 
     improve teaching and learning; and
       (iii) implementing corrective actions if the assistance and 
     capacity building under clause (ii) is not effective.
       (6) Performance goals.--
       (A) Student achievement data.--Each State shall establish 
     student performance goals for the 5-year term of the 
     performance agreement that, at a minimum--
       (i) establish a single high standard of performance for all 
     students;
       (ii) take into account the progress of students from every 
     local educational agency and school in the State;
       (iii) measure changes in the percentages of students at 
     selected grade levels meeting specified proficiency levels of 
     achievement (established by the State) in the final year of 
     the performance agreement, compared to such percentages in 
     the baseline year (as described in subparagraph (C));
       (iv) set numerical goals to attain by the end of the term 
     of the performance agreement to--

       (I) improve the performance of the groups specified in 
     paragraph (5)(B); and
       (II) reduce achievement gaps between the highest and lowest 
     performing groups of students by raising the achievement 
     levels of the lowest performing students in mathematics and 
     reading, at a minimum; and

       (v) require all students in the State to make substantial 
     gains in achievement.
       (B) Additional indicators of performance.--A State may 
     identify in the performance agreement any additional 
     indicators of performance such as graduation, dropout, or 
     attendance rates.
       (C) Baseline performance data.--To determine student 
     achievement levels for the baseline year, the State shall use 
     its most recent achievement data when executing the 
     performance agreement.
       (D) Consistency of performance measures.--A State shall 
     maintain, at a minimum, the same challenging State student 
     performance standards and assessments throughout the term of 
     the performance agreement.
       (7) Fiscal responsibilities.-- An assurance that the State 
     will use fiscal control and fund accounting procedures that 
     will ensure proper disbursement of, and accounting for, 
     Federal funds paid to the State under this Act.
       (8) Civil rights.--An assurance that the State will meet 
     the requirements of applicable Federal civil rights laws.
       (9) Private school participation.--An assurance that the 
     State will provide for the equitable participation of 
     students and professional staff in private schools in 
     accordance with section 14503 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8893).
       (10) State financial participation.--An assurance that the 
     State will not reduce the level of spending of State funds 
     for education during the term of the performance agreement.
       (11) Annual report.--An assurance that not later than 1 
     year after the execution of the performance agreement, and 
     annually thereafter, each State shall disseminate widely to 
     the general public, submit to the Secretary, distribute to 
     print and broadcast media, and post on the Internet, a report 
     that includes--
       (A) student performance data, disaggregated as provided in 
     paragraph (5)(A)(ii); and
       (B) a detailed description of how the State has used 
     Federal funds to improve student performance and reduce 
     achievement gaps to meet the terms of the performance 
     agreement.
       (d) Special Rule.--If a State does not include part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     in its performance agreement, the State shall--
       (1) certify that it has developed a system to measure the 
     academic performance of all students; and
       (2) establish performance goals in accordance with 
     subsection (c)(6) for such other programs.

[[Page 13797]]

       (e) Amendment to Performance Agreement.--A State may submit 
     an amendment to the performance agreement to the Secretary 
     under the following circumstances:
       (1) Reduce scope of performance agreement.--Not later than 
     1 year after the execution of the performance agreement, a 
     State may amend the performance agreement through a request 
     to withdraw a program from such agreement. If the Secretary 
     approves the amendment, the requirements of existing law 
     shall apply for any program withdrawn from the performance 
     agreement.
       (2) Expand scope of performance agreement.--Not later than 
     1 year after the execution of the performance agreement, a 
     State may amend its performance agreement to include 
     additional programs and performance indicators for which it 
     will be held accountable.

     SEC. 4. ELIGIBLE PROGRAMS.

       (a) Eligible Programs.--The provisions of law referred to 
     in section 3(a) except as otherwise provided in subsection 
     (b), are as follows:
       (1) Part A of title I of the Elementary and Secondary 
     Education Act of 1965.
       (2) Part B of title I of the Elementary and Secondary 
     Education Act of 1965.
       (3) Part C of title I of the Elementary and Secondary 
     Education Act of 1965.
       (4) Part D of title I of the Elementary and Secondary 
     Education Act of 1965.
       (5) Section 1502, part E of title I of the Elementary and 
     Secondary Education Act of 1965.
       (6) Part B of title II of the Elementary and Secondary 
     Education Act of 1965.
       (7) Section 3132 of title III of the Elementary and 
     Secondary Education Act of 1965.
       (8) Title IV of the Elementary and Secondary Education Act 
     of 1965.
       (9) Title VI of the Elementary and Secondary Education Act 
     of 1965.
       (10) Section 307 of the Department of Education 
     Appropriation Act of 1999.
       (11) Comprehensive school reform programs as authorized 
     under section 1502 of the Elementary and Secondary Education 
     Act of 1965 and described on pages 96-99 of the Joint 
     Explanatory Statement of the Committee of Conference included 
     in House Report 105-390 (Conference Report on the Departments 
     of Labor, Health and Human Services, and Education, and 
     Related Agencies Appropriations Act, 1998)''.
       (12) Part C of title VII of the Elementary and Secondary 
     Education Act of 1965.
       (13) Title III of the Goals 2000: Educate America Act.
       (14) Sections 115 and 116, and parts B and C of title I of 
     the Carl D. Perkins Vocational Technical Education Act.
       (15) Subtitle B of title VII of the Stewart B. McKinney 
     Homeless Assistance Act.
       (b) Allocation Amounts.--A State may choose to combine 
     funds from any or all of the programs described in subsection 
     (a) without regard to the program requirements of such 
     provisions, except as otherwise provided in this Act and 
     except that allocation ratios provided under the provisions 
     referred to in subsection (a) shall remain in effect unless 
     otherwise provided.
       (c) Uses of Funds.--Funds made available under this Act to 
     a State shall be used for any educational purpose permitted 
     by State law of the participating State.

     SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS.

       (a) In General.--The distribution of funds from programs 
     included in the performance agreement from a State to a local 
     educational agency within the State shall be determined by 
     the State legislature and the Governor of the State. In a 
     State in which the constitution or State law designates 
     another individual, entity, or agency to be responsible for 
     education, such other individual, entity, or agency shall 
     work in consultation with the Governor and State legislature 
     to determine the local distribution of funds.
       (b) Local Hold Harmless of Part A Title 1 Funds.--
       (1) In general.--In the case of a State that includes part 
     A of title I in the performance agreement, the agreement 
     shall provide an assurance that each local educational agency 
     shall receive an amount equal to or greater than the amount 
     such agency received under part A of title I of the 
     Elementary and Secondary Education Act of 1965 in the fiscal 
     year preceding the fiscal year in which the performance 
     agreement is executed.
       (2) Proportionate reduction.--If the amount made available 
     to the State from the Secretary for a fiscal year is 
     insufficient to pay to each local educational agency the 
     amount made available to such agency for the preceding fiscal 
     year, the State shall reduce the amount each local 
     educational agency receives by a uniform percentage.

     SEC. 6. LOCAL PARTICIPATION.

       (a) Nonparticipating State.--
       (1) In general.--If a State chooses not to submit a 
     performance agreement under this Act, any local educational 
     agency in such State is eligible, at its option, to submit to 
     the Secretary a performance agreement in accordance with this 
     section.
       (2) Agreement.--The terms of a performance agreement 
     between an eligible local educational agency and the 
     Secretary shall specify the programs to be included in the 
     performance agreement, as agreed upon by the State and the 
     agency, from the list under section 4(a).
       (b) State Approval.--When submitting a performance 
     agreement to the Secretary, an eligible local educational 
     agency described in subsection (a) shall provide written 
     documentation from the State in which such agency is located 
     that it has no objection to the agency's proposal for a 
     performance agreement.
       (c) Application.--
       (1) In general.--Except as provided in this section, and to 
     the extent applicable, the requirements of this Act shall 
     apply to an eligible local educational agency that submits a 
     performance agreement in the same manner as the requirements 
     apply to a State.
       (2) Exceptions.--The following provisions shall not apply 
     to an eligible local educational agency:
       (A) Within state distribution formula not applicable.--The 
     formula for the allocation of funds under section 5 shall not 
     apply.
       (B) State set aside shall not apply.--The State set aside 
     for administrative funds in section 7 shall not apply.

     SEC. 7. SET-ASIDE FOR STATE ADMINISTRATIVE EXPENDITURES.

       (a) In General.--Except as otherwise provided under 
     subsection (b), a State that includes part A of title I of 
     the Elementary and Secondary Education Act of 1965 in the 
     performance agreement may use not more than 1 percent of such 
     total amount of funds allocated to such State under the 
     programs included in the performance agreement for 
     administrative purposes.
       (b) Exception.--A State that does not include part A of 
     title I of the Elementary and Secondary Education of 1965 its 
     performance agreement may use not more than 3 percent of the 
     total amount of funds allocated to such State under the 
     programs included in the performance agreement for 
     administrative purposes.

     SEC. 8. PERFORMANCE REVIEW.

       (a) Failure To Meet Terms.--If at the end of the 5-year 
     term of the performance agreement a State has failed to meet 
     at least 80 percent of the performance goals submitted in the 
     performance agreement, the Secretary shall terminate the 
     performance agreement and the State shall be required to 
     comply with the program requirement, in effect at the time of 
     termination, of each program included in the performance 
     agreement.
       (b) Penalty for Failure To Improve Student Performance.--If 
     a State has made little or no progress toward achieving its 
     performance goals by the end of the term of the agreement, 
     the Secretary shall reduce funds for State administrative 
     costs for each program included in the performance agreement 
     by 50 percent for the 2-year period following the end of the 
     term of the performance agreement.

     SEC. 9. RENEWAL OF PERFORMANCE AGREEMENT.

       (a) Notification.--A State that wishes to renew its 
     performance agreement shall notify the Secretary of its 
     renewal request not less than 6 months prior to the end of 
     the term of the performance agreement.
       (b) Renewal Requirements.--A State that has met at least 80 
     percent of its performance goals submitted in the performance 
     agreement at the end of the 5-year term may reapply to the 
     Secretary to renew its performance agreement for an 
     additional 5-year period. Upon the completion of the 5-year 
     term of the performance agreement or as soon thereafter as 
     the State submits data required under the agreement, the 
     Secretary shall renew, for an additional 5-year term, the 
     performance agreement of any State that has met at least 80 
     percent of its performance goals.

     SEC. 10. ACHIEVEMENT GAP REDUCTION REWARDS.

       (a) Closing the Gap Reward Fund.--
       (1) In general.--To reward States that make significant 
     progress in eliminating achievement gaps by raising the 
     achievement levels of the lowest performing students, the 
     Secretary shall annually set aside sufficient funds from the 
     Fund for the Improvement of Education under part A of title X 
     of the Elementary and Secondary Education Act of 1965 to 
     grant a reward to States that meet the conditions set forth 
     in subsection (b) by the end of their 5-year performance 
     agreement.
       (2) Reward amount.--The amount of the reward referred to in 
     paragraph (1) shall be not less than 5 percent of funds 
     allocated to the State during the first year of the 
     performance agreement for programs included in the agreement.
       (b) Conditions of Performance Reward.--A State is eligible 
     to receive a reward under this section if the State reduces 
     by not less than 25 percent, over the 5-year term of the 
     performance agreement, the difference between the percentage 
     of highest and lowest performing groups of students that meet 
     the State's definition of ``proficient'' as referenced in 
     section 1111(b)(1)(D)(i)(II) of the Elementary and Secondary 
     Education Act of 1965, for the following:
       (A) Content areas.--The reduction in the achievement gap 
     shall include not less than 2 content areas, one of which 
     shall be mathematics or reading.
       (B) Grades tested.--The reduction shall occur in at least 1 
     grade level.

     SEC. 11. STRAIGHT A'S PERFORMANCE REPORT.

       The Secretary shall make the annual State reports described 
     in section 3 available to

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     the House Committee on Education and the Workforce and the 
     Senate Committee on Health, Education, Labor and Pensions not 
     later than 60 days after the Secretary receives the report.

     SEC. 12. CONSTRUCTION.

       To the extent that provisions of title XIV of the 
     Elementary and Secondary Education Act of 1965 are 
     inconsistent with this Act, this Act shall be construed as 
     superseding such provisions.

     SEC. 13. DEFINITIONS.

       For the purpose of this Act:
       (1) Local educational agency.--The term ``local educational 
     agency'' has the same meaning given such term in section 
     14101 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 8801).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (3) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, the United States Virgin Islands, the Commonwealth of 
     the Northern Mariana Islands, and American Samoa.

     SEC. 14. EFFECT ON STATE LAW.

       Nothing in this Act shall be construed to supersede or 
     modify any provision of a State constitution or State law 
     that prohibits the expenditure of public funds in or by 
     sectarian institutions.

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