[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 10815-10819]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LIEBERMAN (for himself and Mr. Dodd):

[[Page 10816]]

  S. 3498. A bill to support the establishmeht and operation of 
Teachers Professional Development Institutes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, today I am introducing legislation, 
along with my friend and colleague, the senior Senator from 
Connecticut, Mr. Dodd, that will strengthen the content knowledge and 
instructional skills of our present K-12 teacher workforce and thus 
ultimately raise student achievement.
  The Teachers Professional Development Institutes Act would establish 
eight new Teachers Professional Development Institutes throughout the 
nation each year over the next 5 years based on the model which has 
been operating at Yale University for over 30 years. Every Teachers 
Institute would consist of a partnership between an institution of 
higher education and the local public school system in which a 
significant proportion of the students come from low-income households. 
These Institutes will strengthen the present teacher workforce by 
giving each participant an opportunity to gain more sophisticated 
content knowledge and a chance to develop curriculum units with other 
colleagues that can be directly applied in their classrooms. We know 
that teachers gain confidence and enthusiasm when they have a deeper 
understanding of the subject matter that they teach and this translates 
into higher expectations for their students and an increase in student 
achievement.
  The Teachers Professional Development Institutes are based on the 
Yale-New Haven Teachers Institute model that has been in existence 
since 1978. For over 30 years, the Institute has offered, 5 or 6 13-
session seminars each year, led by Yale faculty, on topics that 
teachers have selected to enhance their mastery of the specific subject 
area that they teach. The subject selection process begins with 
representatives from the Institutes soliciting ideas from teachers 
throughout the school district for topics on which teachers feel they 
need to have additional preparation, topics that will assist them in 
preparing materials they need for their students, and topics that will 
assist them in addressing the standards that the school district 
requires. As a consensus emerges about desired seminar subjects, the 
Institute director identifies university faculty members with the 
appropriate expertise, interest and desire to lead the seminar. 
University faculty members, especially those who have led Institute 
seminars before, may sometimes suggest seminars they would like to 
lead, and these ideas are circulated by the representatives as well. 
The final decisions on which seminar topics are offered are ultimately 
made by the teachers who participate. In this way, the offerings are 
designed to respond to what teachers believe is needed and useful for 
both themselves and their students.
  The cooperative nature of the Institute seminar planning process 
ensures its success. Institutes offer seminars and relevant materials 
on topics teachers have identified and feel are needed for their own 
preparation, as well as what they know will motivate and engage their 
students. Teachers enthusiastically take part in rigorous seminars they 
have requested, and practice using the materials they have obtained and 
developed. This helps ensure that the experience not only increases 
their preparation in the subjects they are assigned to teach, but also 
their participation in an Institute seminar gives them immediate hands-
on active learning materials that can be used in the classroom. In 
short, by allowing teachers to determine the seminar subjects and 
providing them the resources to develop relevant curricula for their 
classroom and their students, the Institutes empower teachers.
  The Yale-New Haven Teachers Institute conducted a National 
Demonstration Project from 1999-2002 that showed that similar 
Institutes could be created rapidly at diverse sites with large 
concentrations of disadvantaged students. After 2 years of research and 
planning, and based on the success of that Project, the Institute in 
2005 launched the Yale National Initiative to strengthen teaching in 
public schools, a long-term endeavor to assist with the establishment 
of Teachers Institutes of this specific type in most states. As a 
result, new Institutes already have been established in Philadelphia, 
Pennsylvania, and Charlotte, North Carolina; and Institutes are 
currently being planned for New Castle County, Delaware, and San 
Francisco, California.
  The teachers surveyed for the National Demonstration Project reported 
that student motivation, student interest, and student mastery were 
higher during the Institute-developed unit than during other work. 
Subsequently, the findings of a 2009 Report on Teachers Institute 
Experiences found that teachers participated out of desires to obtain 
curricula which suited their needs, increased subject mastery, and 
motivated students. Mr. President, 96 percent of the teachers rated the 
Institute seminars as useful, partly due to the reported increase in 
knowledge and in raising expectations of their students.
  A retrospective study showed that over a 5-year period Teachers 
Institute participants were almost twice as likely as non-participants 
to remain teaching in the district five years later. Research has shown 
that longevity in a district is associated with teaching effectiveness.
  Many agree that teacher quality is the single most important school-
related factor in determining student achievement. High-quality teacher 
professional development programs that focus on subject and pedagogy 
knowledge are a proven method for enhancing the effectiveness of a 
teacher in the classroom. A recent review of professional development 
studies by the Department of Education's Institute of Education 
Sciences found that ``teachers who receive substantial professional 
development--an average of 49 hours in the nine studies--can boost 
their students' achievement by about 21 percentile points.''
  The Yale-New Haven Teachers Institute model enhances teachers' basic 
writing, math, and presentation skills. It increases expectations of 
student achievement and enthusiasm for teaching while developing skills 
for motivating students. These are key features that research suggests 
are effective in producing gains in both teacher knowledge and practice 
and student achievement. The Teachers Institutes accomplish student 
achievement gains through a proven approach distinguished from both 
conventional professional development offerings of school districts and 
from traditional continuing education and outreach programs of colleges 
and universities.
  Education Secretary Arne Duncan said recently, ``The more we can 
provide high-quality professional development, so that teachers have 
deep content knowledge, there are huge benefits. . . . So whether it's 
partnerships with universities and higher ed institutions, to create 
those meaningful professional development opportunities and really 
create those content-rich environments that students desperately need, 
that is absolutely critically important.''
  This is precisely what the Teachers Professional Development 
Institutes Act strives to accomplish. The need for effective teachers 
with deep content knowledge is most apparent and urgent in schools and 
school districts that enroll a high proportion of students from low-
income families, exactly the schools and school districts that Teachers 
Institutes serve.
  The Yale-New Haven Teachers Institute has already proven to be a 
successful model for teacher professional development as demonstrated 
by the high caliber curriculum unit plans that teacher participants 
have developed and placed on the web, and by the evaluations that 
support the conclusion that virtually all the teacher participants felt 
substantially strengthened in their mastery of content knowledge and 
their teaching skills. The finding that Institute participants were 
almost twice as likely as non-participants to remain in teaching in 
high-need schools is especially encouraging. Our proposal would open 
this opportunity to many more teachers in high-need schools throughout 
the Nation.

[[Page 10817]]

  I urge my colleagues to act favorably on this measure.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3498

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

     SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES.

       (a) In General.--Part A of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is 
     amended by adding at the end the following:

       ``Subpart 6--Teachers Professional Development Institutes

     ``SEC. 2161. SHORT TITLE.

       ``This subpart may be cited as the `Teachers Professional 
     Development Institutes Act'.

     ``SEC. 2162. FINDINGS AND PURPOSE.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) Teaching is central to the educational process and 
     the ongoing professional development of teachers in the 
     subjects they teach is essential for improved student 
     learning.
       ``(2) Attaining the goal of the No Child Left Behind Act of 
     2001 (Public Law 107-110)--having a classroom teacher who is 
     highly effective in every academic subject the teacher 
     teaches--will require innovative approaches to improve the 
     effectiveness of teachers in the classroom.
       ``(3) The Teachers Institute Model focuses on the 
     continuing academic preparation of schoolteachers and the 
     application of what the teachers study to their classrooms 
     and potentially to the classrooms of other teachers.
       ``(4) The Teachers Institute Model was developed initially 
     by the Yale-New Haven Teachers Institute and has successfully 
     operated in New Haven, Connecticut, for more than 30 years.
       ``(5) The Teachers Institute Model has also been 
     successfully implemented in cities larger than New Haven.
       ``(6) In the spring of 2009, a report entitled `An 
     Evaluation of Teachers Institute Experiences' concluded 
     that--
       ``(A) Teachers Institutes enhance precisely those teacher 
     qualities known to improve student achievement;
       ``(B) Teachers Institutes exemplify the crucial 
     characteristics of high-quality teacher professional 
     development; and
       ``(C) Teachers Institute participation is strongly related 
     to teacher retention in high-poverty schools.
       ``(b) Purpose.--The purpose of this subpart is to provide 
     Federal assistance to support the establishment and operation 
     of Teachers Institutes for local educational agencies that 
     serve significant low-income student populations in States 
     throughout the Nation, in order to--
       ``(1) improve student learning; and
       ``(2) enhance the quality and effectiveness of teaching and 
     strengthen the subject matter mastery and the pedagogical 
     skills of current teachers through continuing teacher 
     preparation.

     ``SEC. 2163. DEFINITIONS.

       ``In this subpart:
       ``(1) Significant low-income student population.--The term 
     `significant low-income student population' means a student 
     population of which not less than 40 percent of the students 
     included are eligible for free or reduced-price lunches under 
     the Richard B. Russell National School Lunch Act.
       ``(2) Teachers institute.--The term `Teachers Institute' 
     means a partnership or joint venture--
       ``(A) between or among--
       ``(i) 1 or more institutions of higher education; and
       ``(ii) 1 or more local educational agencies that serve 1 or 
     more schools with significant low-income student populations; 
     and
       ``(B) that improves the effectiveness of teachers in the 
     classroom, and the quality of teaching and learning, through 
     collaborative seminars designed to enhance both the subject 
     matter and the pedagogical resources of the seminar 
     participants.

     ``SEC. 2164. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants under this subpart in order to encourage the 
     establishment and operation of Teachers Institutes.
       ``(b) Technical Assistance.--The Secretary may reserve not 
     more than 50 percent of the funds appropriated to carry out 
     this subpart to provide technical assistance to facilitate 
     the establishment and operation of Teachers Institutes. The 
     Secretary may contract with the Yale-New Haven Teachers 
     Institute to provide all or part of the technical assistance 
     under this subsection.
       ``(c) Selection Criteria.--In selecting Teachers Institutes 
     to support through grants under this subpart, the Secretary 
     shall consider--
       ``(1) the extent to which a proposed Teachers Institute 
     will serve schools that have significant low-income student 
     populations;
       ``(2) the extent to which a proposed Teachers Institute 
     will follow the understandings and necessary procedures 
     described in section 2166;
       ``(3) the extent to which each local educational agency 
     participating in the Teachers Institute has a high percentage 
     of teachers who are unprepared or underprepared to teach the 
     core academic subjects the teachers are assigned to teach; 
     and
       ``(4) the extent to which a proposed Teachers Institute 
     will receive a level of support from the community and other 
     sources that will ensure the requisite long-term commitment 
     for the success of a Teachers Institute.
       ``(d) Consultation.--
       ``(1) In general.--In evaluating applications using the 
     criteria under subsection (c), the Secretary may request the 
     advice and assistance of the Yale-New Haven Teachers 
     Institute or other Teachers Institutes.
       ``(2) State agencies.--If the Secretary receives 2 or more 
     applications for grants under this subpart from local 
     educational agencies within the same State, the Secretary 
     shall consult with the State educational agency regarding the 
     applications.
       ``(e) Fiscal Agent.--The fiscal agent for the receipt of 
     grant funds under this subpart shall be an institution of 
     higher education participating in the partnership or joint 
     venture, as described in section 2163(2)(A), that is 
     establishing or operating the Teachers Institute.
       ``(f) Limitations.--A grant under this subpart--
       ``(1) shall provide grant funds for a period of not more 
     than 5 years; and
       ``(2) shall be in an amount that is not more than 50 
     percent of the total costs of the eligible activities 
     supported under the grant, as determined by the Secretary.

     ``SEC. 2165. ELIGIBLE ACTIVITIES.

       ``Grant funds under this subpart may be used--
       ``(1) for the planning, development, establishment, and 
     operation of a Teachers Institute;
       ``(2) for additional assistance to an established Teachers 
     Institute for its further development and for its support of 
     the planning, development, establishment, and operation of a 
     Teachers Institute under paragraph (1);
       ``(3) for the salary and necessary expenses of a full-time 
     director for a Teachers Institute to plan and manage the 
     Teachers Institute and to act as a liaison between all local 
     educational agencies and institutions of higher education 
     participating in the Teachers Institute;
       ``(4) to provide suitable office space, staff, equipment, 
     and supplies, and to pay other operating expenses, for the 
     Teachers Institute;
       ``(5) to provide a stipend for teachers participating in 
     the collaborative seminars conducted by the Institute in the 
     sciences and humanities and to provide remuneration for 
     members of the faculty of the participating institution of 
     higher education leading the seminars; and
       ``(6) to provide for the dissemination, through print and 
     electronic means, of curriculum units prepared in the 
     seminars conducted by the Teachers Institute.

     ``SEC. 2166. UNDERSTANDINGS AND PROCEDURES.

       ``A grantee receiving a grant under this subpart shall 
     abide by the following understandings and procedures:
       ``(1) Partnership.--The essential relationship of a 
     Teachers Institute is a partnership between a local 
     educational agency and an institution of higher education. A 
     grantee shall demonstrate a long-term commitment on behalf of 
     the participating local educational agency and institution of 
     higher education to the support, including the financial 
     support, of the work of the Teachers Institute.
       ``(2) Seminars.--A Teachers Institute sponsors seminars led 
     by faculty of the institution of higher education partner and 
     attended by teachers from the local educational agency 
     partner. A grantee shall provide participating teachers the 
     ability to play an essential role in planning, organizing, 
     conducting, and evaluating the seminars and in encouraging 
     the future participation of other teachers.
       ``(3) Curriculum unit.--A seminar described in paragraph 
     (2) uses a collaborative process, in a collegial environment, 
     to develop a curriculum unit for use by participating 
     teachers that sets forth the subject matter to be presented 
     and the pedagogical strategies to be employed. A grantee 
     shall enable participating teachers to develop a curriculum 
     unit, based on the subject matter presented, for use in the 
     teachers' classrooms.
       ``(4) Eligibility and remuneration.--Seminars are open to 
     all partnership teachers with teaching assignments relevant 
     to the seminar topics. Seminar leaders receive remuneration 
     for their work and participating teachers receive an 
     honorarium or stipend upon the successful completion of the 
     seminar. A grantee shall provide seminar leaders and 
     participating teachers with remuneration to allow them to 
     participate in the Teachers Institute.
       ``(5) Direction.--The operations of a Teachers Institute 
     are managed by a full-time director who reports to both 
     partners

[[Page 10818]]

     but is accountable to the institution of higher education 
     partner. A grantee shall appoint a director to manage and 
     coordinate the work of the Teachers Institute.
       ``(6) Evaluation.--A grantee shall annually review the 
     activities of the Teachers Institute and disseminate the 
     results to members of the Teachers Institute's partnership 
     community.

     ``SEC. 2167. APPLICATION, APPROVAL, AND AGREEMENT.

       ``(a) In General.--To receive a grant under this subpart, a 
     Teachers Institute, or a partnership or joint venture 
     described in section 2163(2)(A) that is proposing to 
     establish a Teachers Institute, shall submit an application 
     to the Secretary that--
       ``(1) meets the requirement of this subpart and any 
     regulations under this subpart;
       ``(2) includes a description of how the applicant intends 
     to use funds provided under the grant;
       ``(3) includes such information as the Secretary may 
     require to apply the criteria described in section 2164(c);
       ``(4) includes measurable objectives for the use of the 
     funds provided under the grant; and
       ``(5) contains such other information and assurances as the 
     Secretary may require.
       ``(b) Approval.--The Secretary shall--
       ``(1) promptly evaluate an application received for a grant 
     under this subpart; and
       ``(2) notify the applicant, within 90 days of the receipt 
     of a completed application, of the Secretary's determination.
       ``(c) Agreement.--Upon approval of an application, the 
     Secretary and the applicant shall enter into a comprehensive 
     agreement covering the entire period of the grant.

     ``SEC. 2168. REPORTS AND EVALUATIONS.

       ``(a) Report.--Each grantee under this subpart shall report 
     annually to the Secretary on the progress of the Teachers 
     Institute in achieving the purpose of this subpart.
       ``(b) Evaluation and Dissemination.--The Secretary shall 
     evaluate the activities funded under this subpart and submit 
     an annual report regarding the activities assisted under this 
     subpart to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives. The Secretary shall 
     broadly disseminate successful practices developed by 
     Teachers Institutes.
       ``(c) Revocation.--If the Secretary determines that a 
     grantee is not making substantial progress in meeting the 
     purposes of the grant by the end of the second year of the 
     grant under this subpart, the Secretary may take appropriate 
     action, including revocation of further payments under the 
     grant, to ensure that the funds available under this subpart 
     are used in the most effective manner.

     ``SEC. 2169. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for grants 
     (including planning grants) and technical assistance under 
     this subpart--
       ``(1) $4,000,000 for fiscal year 2011;
       ``(2) $5,000,000 for fiscal year 2012;
       ``(3) $6,000,000 for fiscal year 2013;
       ``(4) $7,000,000 for fiscal year 2014; and
       ``(5) $8,000,000 for fiscal year 2015.''.
       (b) Table of Contents.--The table of contents of the 
     Elementary and Secondary Education Act of 1965 is amended by 
     inserting after the item relating to section 2151 the 
     following:

       ``subpart 6--teachers professional development institutes

``Sec. 2161. Short title.
``Sec. 2162. Findings and purpose.
``Sec. 2163. Definitions.
``Sec. 2164. Program authorized.
``Sec. 2165. Eligible activities.
``Sec. 2166. Understandings and procedures.
``Sec. 2167. Application, approval, and agreement.
``Sec. 2168. Reports and evaluations.''.
                                 ______
                                 
      By Mr. AKAKA:
  S. 3499. A bill to amend title 38, United States Code, to require 
fiduciaries of individuals receiving benefits under laws administered 
by the Secretary of Veterans Affairs to authorize the Secretary to 
obtain financial records with respect to such individuals for purposes 
of administering such laws, and for other purposes; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on 
Veterans' Affairs, I introduce legislation that would provide VA with 
the means to better protect those VA beneficiaries who have 
fidicuiaries appointed to look after their affairs. This bill would 
improve oversight of fiduciaries by authorizing VA to access records at 
financial institutions for up to 3 years.
  Under current law, VA has a 3-month time limit on the authorization 
to view financial records maintained by a fiduciary, a time period 
which has proven to be inadequate. In addition, VA lacks the authority 
to compel a fiduciary to provide a Social Security number or other 
identifying information needed to track financial records.
  The legislation I am introducing today is modeled on Social Security 
laws and procedures. It will help VA ensure that veterans' monies are 
not being misused. It would allow VA to require that any person 
appointed or recognized by VA as a fiduciary be required to sign an 
authorization for release of records which would be in effect for up to 
3 years. If a fiduciary refuses to sign or revokes an authorization, VA 
would be authorized to remove the fiduciary.
  The Committee held a hearing on pending legislation on May 19, 2010, 
and witnesses from The American Legion and the Veterans of Foreign Wars 
spoke on the need to strengthen VA's oversight of fiduciaries.
  I urge our colleagues to support this bill to protect VA 
beneficiaries who need assistance with financial management.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3499

       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 ``Fiduciary Benefits Oversight 
     Act of 2010''.

     SEC. 2. ACCESS BY SECRETARY OF VETERANS AFFAIRS TO FINANCIAL 
                   RECORDS OF INDIVIDUALS REPRESENTED BY 
                   FIDUCIARIES AND RECEIVING BENEFITS UNDER LAWS 
                   ADMINISTERED BY SECRETARY.

       Section 5502 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f)(1) The Secretary may require any person appointed or 
     recognized as a fiduciary for a Department beneficiary under 
     this section to provide authorization for the Secretary to 
     obtain (subject to the cost reimbursement requirements of 
     section 1115(a) of the Right to Financial Privacy Act of 1978 
     (12 U.S.C. 3415)) from any financial institution any 
     financial record held by the institution with respect to the 
     fiduciary or the beneficiary whenever the Secretary 
     determines that the financial record is necessary--
       ``(A) for the administration of a program administered by 
     the Secretary; or
       ``(B) in order to safeguard the beneficiary's benefits 
     against neglect, misappropriation, misuse, embezzlement, or 
     fraud.
       ``(2) Notwithstanding section 1104(a)(1) of such Act (12 
     U.S.C. 3404(a)(1)), an authorization provided by a fiduciary 
     under paragraph (1) with respect to a beneficiary shall 
     remain effective until the earliest of--
       ``(A) the approval by a court or the Secretary of a final 
     accounting of payment of benefits under any law administered 
     by the Secretary to a fiduciary on behalf of such 
     beneficiary;
       ``(B) in the absence of any evidence of neglect, 
     misappropriation, misuse, embezzlement, or fraud, the express 
     revocation by the fiduciary of the authorization in a written 
     notification to the Secretary; or
       ``(C) the date that is three years after the date of the 
     authorization.
       ``(3)(A) An authorization obtained by the Secretary 
     pursuant to this subsection shall be considered to meet the 
     requirements of the Right to Financial Privacy Act of 1978 
     (12 U.S.C. 3401 et seq.) for purposes of section 1103(a) of 
     such Act (12 U.S.C. 3403(a)), and need not be furnished to 
     the financial institution, notwithstanding section 1104(a) of 
     such Act (12 U.S.C. 3404(a)), if the Secretary provides a 
     copy of the authorization to the financial institution.
       ``(B) The certification requirements of section 1103(b) of 
     such Act (12 U.S.C. 3403(b)) shall not apply to requests by 
     the Secretary pursuant to an authorization provided under 
     this subsection.
       ``(C) A request for a financial record by the Secretary 
     pursuant to an authorization provided by a fiduciary under 
     this subsection is deemed to meet the requirements of section 
     1104(a)(3) of such Act (12 U.S.C. 3404(a)(3)) and the matter 
     in section 1102 of such Act (12 U.S.C. 3402) that precedes 
     paragraph (1) of such section if such request identifies the 
     fiduciary and the beneficiary concerned.
       ``(D) The Secretary shall inform any person who provides 
     authorization under this subsection of the duration and scope 
     of the authorization.
       ``(E) If a fiduciary of a Department beneficiary refuses to 
     provide, or revokes, any authorization to permit the 
     Secretary to obtain from any financial institution any 
     financial record concerning benefits paid by the Secretary 
     for such beneficiary, the Secretary may, on that basis, 
     revoke the appointment or the recognition of the fiduciary 
     for such beneficiary and for any other Department beneficiary 
     for whom such fiduciary has been appointed or recognized. If 
     the appointment or recognition of a fiduciary is revoked, 
     benefits may be paid as provided in subsection (d).

[[Page 10819]]

       ``(4) For purposes of section 1113(d) of such Act (12 
     U.S.C. 3413(d)), a disclosure pursuant to this subsection 
     shall be considered a disclosure pursuant to a Federal 
     statute.
       ``(5) In this subsection:
       ``(A) The term `fiduciary' includes any person appointed or 
     recognized to receive payment of benefits under any law 
     administered by the Secretary on behalf of a Department 
     beneficiary.
       ``(B) The term `financial institution' has the meaning 
     given such term in section 1101 of such Act (12 U.S.C. 3401), 
     except that such term shall also include any benefit 
     association, insurance company, safe deposit company, money-
     market mutual fund, or similar entity authorized to do 
     business in any State.
       ``(C) The term `financial record' has the meaning given 
     such term in such section.''.

                          ____________________