[Congressional Record (Bound Edition), Volume 146 (2000), Part 2]
[Senate]
[Pages 1543-1544]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

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                    AFFORDABLE EDUCATION ACT OF 1999

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                       MURRAY AMENDMENT NO. 2821

  (Ordered to lie on the table.)
  Mrs. MURRAY submitted an amendment intended to be proposed by her to 
the bill (S. 1134) to amend the Internal Revenue Code of 1986 to allow 
tax-free expenditures from education individual retirement accounts for 
elementary and secondary school expenses, to increase the maximum 
annual amount of contributions to such accounts, and for other 
purposes; as follows:

       Strike title I and insert the following:

                     TITLE I--CLASS SIZE REDUCTION

     SEC. 101. PROGRAMS.

       Title II of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by redesignating part E as part F;
       (2) by redesignating sections 2401 and 2401 as sections 
     2501 and 2502, respectively; and
       (3) by inserting after part D the following:

                     ``PART D--CLASS SIZE REDUCTION

     ``SEC. 2401. GRANT PROGRAM.

       ``(a) Purpose.--The purpose of this section is to reduce 
     class size through use of fully qualified teachers.
       ``(b) Allotment to States.--From the amount made available 
     to carry out this part under section 2402 for a fiscal year, 
     the Secretary--
       ``(1) shall make available a total of $3,600,000 to the 
     Secretary of the Interior (on behalf of the Bureau of Indian 
     Affairs) and the outlying areas for activities carried out in 
     accordance with this section; and
       ``(2) shall allot the remainder by providing to each State 
     the same percentage of that remainder as the State received 
     of the funds provided to States under section 307(a)(2) of 
     the Department of Education Appropriations Act, 1999.
       ``(c) Allocation to Local Educational Agencies.--
       ``(1) Allocation.--Each State that receives funds under 
     this section shall allocate 100 percent of such funds to 
     local educational agencies, of which--
       ``(A) 80 percent of such funds shall be allocated to such 
     local educational agencies in proportion to the number of 
     children, age 5 through 17, from families with incomes below 
     the poverty line (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))) applicable to a family of the size involved, who 
     reside in the school district served by such local 
     educational agency for the most recent fiscal year for which 
     satisfactory data are available, compared to the number of 
     such children who reside in the school districts served by 
     all the local educational agencies in the State for that 
     fiscal year; and
       ``(B) 20 percent of such funds shall be allocated to such 
     local educational agencies in accordance with the relative 
     enrollments of children, age 5 through 17, in public and 
     private nonprofit elementary schools and secondary schools 
     within the areas served by such agencies.
       ``(2) Exception.--Notwithstanding paragraph (1) and 
     subsection (d)(2)(B), if the award to a local educational 
     agency under this section is less than the starting salary 
     for a new fully qualified teacher for a school served by that 
     agency who is certified or licensed within the State, has a 
     baccalaureate degree, and demonstrates the general knowledge, 
     teaching skills, and subject matter knowledge required to 
     teach in the content areas in which the teacher teaches, that 
     agency may use funds made available under this section to--
       ``(A) help pay the salary of a full- or part-time teacher 
     hired to reduce class size, which may be done in combination 
     with the expenditure of other Federal, State, or local funds; 
     or
       ``(B) pay for activities described in subsection 
     (d)(2)(A)(iii) that may be related to teaching in smaller 
     classes.
       ``(d) Use of Funds.--
       ``(1) Mandatory uses.--Each local educational agency that 
     receives funds under this section shall use such funds to 
     carry out effective approaches to reducing class size through 
     use of fully qualified teachers who are certified or licensed 
     within the State, have baccalaureate degrees, and demonstrate 
     the general knowledge, teaching skills, and subject matter 
     knowledge required to teach in the content areas in which the 
     teachers teach, to improve educational achievement for both 
     regular and special needs children, with particular 
     consideration given to reducing class size in the early 
     elementary grades for which some research has shown class 
     size reduction is most effective.
       ``(2) Permissible uses.--
       ``(A) In general.--Each such local educational agency may 
     use funds made available under this section for--
       ``(i) recruiting (including through the use of signing 
     bonuses, and other financial incentives), hiring, and 
     training fully qualified regular and special education 
     teachers (which may include hiring special education teachers 
     to team-teach with regular teachers in classrooms that 
     contain both children with disabilities and non-disabled 
     children) and teachers of special needs children, who are 
     certified or licensed within the State, have a baccalaureate 
     degree and demonstrate the general knowledge, teaching 
     skills, and subject matter knowledge required to teach in the 
     content areas in which the teachers teach;
       ``(ii) testing new teachers for academic content knowledge, 
     and to meet State certification or licensing requirements 
     that are consistent with title II of the Higher Education Act 
     of 1965; and
       ``(iii) providing professional development (which may 
     include such activities as promoting retention and mentoring) 
     for teachers, including special education teachers and 
     teachers of special needs children, in order to meet the goal 
     of ensuring that all teachers have the general knowledge, 
     teaching skills, and subject matter knowledge necessary to 
     teach effectively in the content areas in which the teachers 
     teach, consistent with title II of the Higher Education Act 
     of 1965.
       ``(B) Limitation on testing and professional development.--
       ``(i) In general.--Except as provided in clause (ii), a 
     local educational agency may use not more than a total of 25 
     percent of an the funds received by the agency under this 
     section for activities described in clauses (ii) and (iii) of 
     subparagraph (A).
       ``(ii) Waivers.--A local educational agency may apply to 
     the State educational agency for a waiver that would permit 
     the agency to use more than 25 percent of the funds the 
     agency receives under this section for activities described 
     in subparagraph (A)(iii) for the purpose of helping teachers 
     who have not met applicable State and local certification or 
     licensing requirements become certified or licensed if--

       ``(I) the agency is in an Ed-Flex Partnership State under 
     the Education Flexibility Partnership Act of 1999; and
       ``(II) 10 percent or more of teachers in elementary schools 
     served by the agency have not met the certification or 
     licensing requirements, or such requirements have been waived 
     for 10 percent or more of the teachers.

       ``(iii) Use of funds under waiver.--If the State 
     educational agency approves the local educational agency's 
     application for a waiver under clause (ii), the local 
     educational agency may use the funds subject to the 
     conditions of the waiver for activities described in 
     subparagraph (A)(iii) that are needed to ensure that at least 
     90 percent of the teachers in the elementary schools are 
     certified or licensed within the State.
       ``(C) Use of funds by agencies that have reduced class 
     size.--Notwithstanding subparagraph (B), a local educational 
     agency that has already reduced class size in the early 
     elementary grades to 18 or fewer children (or has already 
     reduced class size to a State or local class size reduction 
     goal that was in effect on the day before the date of 
     enactment of the Department of Education Appropriations Act, 
     2000, if that goal is 20 or fewer children) may use funds 
     received under this section--
       ``(i) to make further class size reductions in kindergarten 
     through third grade;
       ``(ii) to reduce class size in other grades; or
       ``(iii) to carry out activities to improve teacher quality, 
     including professional development.
       ``(D) Professional development by agencies that have 
     reduced class size.--If a local educational agency has 
     already reduced class size in the early elementary grades to 
     18 or fewer children and intends to use funds provided under 
     this section to carry out activities to improve teacher 
     quality, including professional development activities, the 
     State shall make the funds available under subsection (c) to 
     the local educational agency.
       ``(3) Supplement, not supplant.--Each such agency shall use 
     funds made available under this section only to supplement, 
     and not to supplant, State and local funds expended for 
     activities described in this section.
       ``(4) Limitation on use for salaries and benefits.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no funds made available under this section may be used to 
     increase the salaries or provide benefits, other than 
     participation in professional development and enrichment 
     programs, for teachers who are not hired under this section.
       ``(B) Exception.--Funds made available under this section 
     may be used to pay the salaries of teachers hired under 
     section 307 of the Department of Education Appropriations 
     Act, 1999.

[[Page 1544]]

       ``(e) Reports.--
       ``(1) State activities.--Each State receiving funds under 
     this section shall prepare and submit to the Secretary a 
     biennial report on activities carried out in the State under 
     this section that provides the information described in 
     section 6202(a)(2) with respect to the activities.
       ``(2) Progress concerning class size and qualified 
     teachers.--Each State and local educational agency receiving 
     funds under this section shall publicly report to parents 
     on--
       ``(A) the agency's progress in reducing class size, and 
     increasing the percentage of classes in core academic areas 
     taught by fully qualified teachers who are certified or 
     licensed within the State, have baccalaureate degrees, and 
     demonstrate the general knowledge, teaching skills, and 
     subject matter knowledge required to teach in the content 
     areas in which the teachers teach; and
       ``(B) the impact that hiring additional fully qualified 
     teachers and reducing class size, has had, if any, on 
     increasing student academic achievement.
       ``(3) Professional qualifications.--Each school receiving 
     funds under this section shall provide to parents, upon 
     request, information about the professional qualifications of 
     their child's teacher.
       ``(f) Private Schools.--If a local educational agency uses 
     funds made available under this section for professional 
     development activities, the agency shall ensure the equitable 
     participation of private nonprofit elementary schools and 
     secondary schools in such activities in accordance with 
     section 6402. Section 6402 shall not apply to other 
     activities carried out under this section.
       ``(g) Administrative Expenses.--A local educational agency 
     that receives funds under this section may use not more than 
     3 percent of such funds for local administrative costs.
       ``(h) Request for Funds.--Each local educational agency 
     that desires to receive funds under this section shall 
     include in the application required under section 2208 a 
     description of the agency's program to reduce class size by 
     hiring additional fully qualified teachers.
       ``(i) Certification, Licensing, and Competency.--No funds 
     made available under this section may be used to pay the 
     salary of any teacher hired with funds made available under 
     section 307 of the Department of Education Appropriations 
     Act, 1999, unless, by the start of the 2000-2001 school year, 
     the teacher is certified or licensed within the State and 
     demonstrates competency in the content areas in which the 
     teacher teaches.
       ``(j) Definition.--In this section, the term `certified' 
     includes certification through State or local alternative 
     routes.

     ``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Fiscal Year 2001.--There is authorized to be 
     appropriated to carry out this part $1,200,000,000 for fiscal 
     year 2001.
       ``(b) Other Fiscal Years.--There are authorized to be 
     appropriated to carry out this part such sums as may be 
     necessary for fiscal years 2002 through 2005.''.

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