[Congressional Record (Bound Edition), Volume 161 (2015), Part 8]
[Senate]
[Pages 11200-11206]
[From the U.S. Government Publishing Office, www.gpo.gov]




              EVERY CHILD ACHIEVES ACT OF 2015--Continued

  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I rise today to talk about the 
important bill before us today, the Every Child Achieves Act, which 
reauthorizes the Elementary and Secondary Education Act and fixes No 
Child Left Behind.
  I also rise today to talk about the reauthorization of the Export-
Import Bank, which is also a very important matter for our country.
  I thank Senators Alexander and Murray for their great leadership in 
crafting a bipartisan bill that makes critical updates to No Child Left 
Behind that will help ensure that all students receive a quality 
education. They worked together from the very beginning on this 
important bill, and I think the results show how important it is.

[[Page 11201]]

  I come to the floor to talk about three amendments in this bill. The 
Presiding Officer is a cosponsor on one of the amendments, which is 
about STEM education. I think we all know that in today's global 
economy, education is key to our economic prosperity. The Senator from 
North Dakota understands that because our two States, North Dakota and 
Minnesota, have some of the lowest unemployment rates in the country. 
We have exciting economies with technological jobs to fill. We are two 
States that make and invent products which we then export to the world. 
To keep doing that, America's next generation of innovators will have 
to be highly trained and highly skilled. We certainly see this in my 
State. According to the Minnesota High Tech Association, Minnesota will 
be home to nearly 200,000 technology jobs in the next decade. Part of 
this is getting young people engaged at an early age.
  Today's high school students aren't just competing against students 
in Milwaukee and Miami, they are competing against students in Munich 
and Mumbai. If America is going to keep its spot atop the world's high-
tech hierarchy, students in our country must receive the best training 
and education we can provide. That is why Senator Hoeven and I are 
working to increase the emphasis on STEM education.
  The Klobuchar-Hoeven amendment, modeled after our Innovate America 
Act, will expand STEM opportunities for more students by allowing 
school districts to use existing Federal STEM funding to create STEM 
specialty schools or to enhance existing STEM programs within the 
schools. Our provision will also ensure that the Department of 
Education is aligning STEM programs and resources with the needs of 
school districts and teachers. I understand that it is in the managers' 
package, and I thank the two leaders for that.
  The second amendment is the improving teacher and principal 
retention. The Every Child Achieves Act includes important reforms to 
improve the quality of education for students in Indian Country. One 
challenge that schools serving Native Americans continue to confront is 
the high rate of teacher and principal turnover and the instability it 
causes. Turnover hurts school districts with the added cost of rehiring 
and retraining, and it hurts kids as teachers come and go.
  One way to decrease teacher and principal turnover is to boost the 
professional development these teachers receive. Inadequate 
professional development and the lack of ongoing support are some of 
the key reasons why some of our best teachers are leaving. That is why 
Senator Murkowski of Alaska and I have been pushing a provision to 
improve teacher and principal retention in schools serving American 
Indian and Alaska Native students. Specifically, our amendment adds 
mentoring and teacher support programs, including instructional support 
from tribal elders and cultural experts, to improve the professional 
development that teachers and principals in Indian schools receive. 
This is also in the managers' package, and we appreciate that.
  The next amendment deals with chronic absenteeism. We know students 
can't learn if they are not in school. When I was a prosecutor in 
Hennepin County, I developed a major truancy initiative to keep kids in 
school and out of the courtroom. My office worked closely with local 
schools on a faster, more effective response to truancy problems. That 
is why my provision in the Every Child Achieves Acts will provide 
professional development and training to schools to help ensure that 
teachers, principals, and other school leaders have the knowledge and 
skills necessary to address issues related to chronic absenteeism.
  Truancy is sometimes called the kindergarten of crime because it is 
truly an early risk factor. I still remember looking at the files of 
serious juvenile offenders--ones who committed homicide and the like--
and I realized the first indication that there was a real problem was 
truancy. It doesn't just hit in high school; it actually usually hits 
in sixth and seventh grade. The more we can do to put a focus on this, 
the better off we will be not only for public safety but, of course, 
for the kids' lives.
  I again thank Senator Murray and Senator Alexander for their 
tremendous work on this bill.


                           Export-Import Bank

  Mr. President, the other issue, which is somewhat related, as we look 
at preparing kids for the current economy and the century we are in, is 
about jobs. It is about moving our economy along. Part of that is 
making sure we can compete globally not only with education efforts, 
which is what we are doing this week, but also with financing.
  There are over eighty export-import-type banks in developed nations. 
China's bank currently funds things at nearly four times the amount 
that the Unites States does. Yet we are seriously now allowing the 
Export-Import Bank to lapse, and I strongly support reauthorizing the 
Bank.
  I want to thank all of those involved, including Senators Cantwell, 
Kirk, Heitkamp, and Graham, for their strong and impassioned leadership 
on this issue. I also wish to thank all of my colleagues who have 
spoken about the importance of this Bank.
  Yesterday, a few of us met with the President and senior White House 
officials to discuss the importance of reauthorizing the Export-Import 
Bank. America needs to be, as I said, a country that thinks, that 
invents, that builds things, and that exports to nations. That means 
the bill we are working on this week, but it also means the financing 
so those businesses can keep going.
  We had a vote here, as we all know, and 65 Senators supported 
reauthorizing the Ex-Im Bank, and in the House, 60 Republicans are 
cosponsoring a bill to do the same. We should get it done. We know that 
when 95 percent of the world's customers live outside of our borders, 
there is literally a world of opportunity out there for U.S. 
businesses. We all know that isn't just about Mexico and Canada. It is 
about the rest of the world, including Asia and the emerging economies 
in Africa. We can just go all over the world to see opportunities.
  In my own State of Minnesota, the Ex-Im Bank has supported $2 billion 
in exports and helped over 170 companies in the last 5 years alone. 
Every single year, as the Presiding Officer knows, I have been to all 
87 counties in Minnesota so I am able to see firsthand these 
businesses. I may not be going there to talk about Ex-Im. I have rarely 
done that, although we have had a few Ex-Im events. I am so surprised 
when I go to businesses and they say: We have actually grown our 
exports to 15 percent or it is now 20 percent of our business, and we 
went to Ex-Im and got financing, and we went to the Foreign Commercial 
Service and got help. What we are really hurting by letting this lapse 
and not reauthorizing it are the small businesses.
  In my State, 170 businesses used the services of Ex-Im in the last 
five years. They don't have an expert on Kazakhstan. They don't have a 
bank down the street in a small town of 3,000 people that is able to 
explain to them how to get that kind of financing. They rely on the 
expertise of Ex-Im and, most importantly, they rely on the credit of 
Ex-Im.
  Look at this: Balzar, in Mountain Lake, MN, population of 2,000. As 
the Presiding Officer knows, we don't have many mountains in Minnesota, 
but we have a lot of lakes. So we call it Mountain Lake. This is a 
small business--74 people in a town of 2,000--that has relied on Ex-Im 
in the past decade to help export its products. Their exports have 
grown to about 15 percent of their total sales. They export from Canada 
to Kazakhstan, from Japan to Australia. They are exporting to South 
Africa.
  Ralco, a small animal feed manufacturer in Marshall, is a third-
generation family business with distribution to over 20 countries 
around the world.
  Superior Industries in Morris, MN, is a manufacturer of bulk material 
processing and handling systems. There are 5,000 people in the town, 
and 500 people in Morris are employed at this company. That would be 10 
percent of the

[[Page 11202]]

town. Thanks to the Ex-Im Bank, they are able to export to Canada, 
Australia, Russia, Argentina, Chile, Uruguay, and Brazil.
  We know this is necessary for small businesses. We know this is 
important for our country to be on an even playing field. We don't want 
China to eat our lunch, but if we continue along this way and become 
the only developed Nation that doesn't have financing authority such as 
this, we will let them eat our lunch.
  At the end of last month when the Ex-Im Bank expired, there were 
nearly 200 transactions totaling nearly $9 billion in financing 
pending, and many businesses--90 percent of which are small 
businesses--are no longer able to use their export credit and insurance 
to its full extent. I have already talked to businesses that literally 
have been told: When we were trying to make a deal, our competitors on 
the other side that were trying to make the next deal said: They are 
not going to get financing. That country let their Ex-Im Bank expire. 
Go to a business from this country. Take our business because you know 
we have steady financing.
  This cannot continue.
  This is why this is a major priority of the U.S. Chamber of Commerce, 
a major priority for small business organizations around the country, 
and a major priority, most importantly, for the workers that work at 
these companies.
  It is critical to move forward. We must reauthorize the Export-Import 
Bank and make sure our exporters are competing on a level playing field 
in this global market. We do it with education, thanks to the good work 
of Senator Alexander and Senator Murray, but we also do it by making 
sure that our businesses have the financing tools they need to succeed.
  I urge my colleagues to support the Ex-Im Bank and reauthorize this 
critical agency as soon as possible.
  Thank you, Mr. President. I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. ALEXANDER. Mr. President, I thank the Senator from Minnesota for 
her contributions to the legislation we are working on. She has been 
very focused on STEM education and has found creative ways to encourage 
that, and I thank her for it.
  We are hoping within a few minutes to be able to agree by consent to 
a few bills and call up a few others. So what I would say to the 
Senator from Arkansas, through the Chair, is if he wouldn't mind going 
ahead with his remarks and, perhaps, if we are able to, I may ask him 
to yield for 60 seconds and allow us to do that and proceed with a 
unanimous consent request. But I don't want to delay the Senator any 
further with moving ahead with his remarks.
  The PRESIDING OFFICER. The Senator from Arkansas.


                            Sanctuary Cities

  Mr. COTTON. Mr. President, there are certain policies that should not 
be controversial. It should not be controversial to expect that the 
laws of this Nation be enforced--equally, fairly, and fully. It should 
not be controversial to expect local city governments to refrain from 
actively frustrating the enforcement of Federal law. It should not be 
controversial to say that an illegal immigrant and repeat felon who has 
been deported multiple times should not be set free to again threaten 
law-abiding Americans, much less be in possession of a weapon.
  But in our current debate about immigration, these ideas are indeed 
controversial when, in fact, they should be matters of simple common 
sense.
  I acknowledge that reasonable people can and do differ on issues such 
as border security and enforcement and the status of illegal immigrants 
present in our Nation. But we should not disagree about the importance 
of the rule of law and the need to protect the safety of the American 
people. That is why I have introduced an amendment that will withhold 
Federal immigration and law enforcement funds from any State or city 
that declares itself a sanctuary for illegal immigrants. If a city 
directs its law enforcement officers to frustrate Federal immigration 
law, it should not expect U.S. taxpayers to underwrite that effort.
  Last week, a young woman, Kate Steinle, was murdered on a San 
Francisco pier popular with tourists while walking with her father. It 
was apparently a random crime, one committed by an illegal immigrant--
Juan Francisco Lopez-Sanchez--with a long rap sheet. Lopez-Sanchez was 
in the United States despite having been deported five times 
previously, and he should have been deported a sixth time. Earlier this 
year, Lopez-Sanchez was in custody of Federal immigration authorities 
after he finished a Federal prison sentence, and was awaiting 
deportation after being designated an ``enforcement priority.'' Federal 
authorities handed him over to San Francisco first so he could face 
outstanding drug charges and requested that they be notified if San 
Francisco planned to release him.
  San Francisco did in fact release him in April after dropping 
charges, but it never notified anyone. The city's government simply 
allowed Lopez-Sanchez to walk free. This is because San Francisco has 
proudly deemed itself a sanctuary city. It has passed city ordinances 
barring its officers from assisting the enforcement of immigration law, 
freeing itself of the most basic responsibility to cooperate with 
Federal immigration authorities to keep dangerous criminals off the 
streets and out of the country. Indeed, Lopez-Sanchez has admitted that 
he goes to San Francisco because it is a sanctuary city.
  This is an outrage to anyone who respects law and order. One might 
think that it would draw a strong reaction from the Obama 
administration. The administration, after all, has unequivocally 
declared that the Constitution and our laws do ``not permit the States 
to adopt their own immigration programs and policies, or to set 
themselves up as rival decisionmakers based on disagreement with the 
focus and scope of Federal enforcement.'' That is a direct quote from 
the administration's legal brief to the Supreme Court arguing against 
an Arizona law designed to help Federal officers enforce immigration 
laws. One would think the administration would be at least as tough on 
sanctuary city laws that openly flout Federal immigration policies and 
endanger law-abiding citizens. Yet the administration has enabled--even 
encouraged--these sanctuary cities for years.
  Americans have a right to expect that governments at the local, 
State, and national level will carry out their most basic duty to 
enforce the law and protect public safety. We should all be able to 
agree that a family enjoying a public space such as San Francisco's 
piers should not have to fear being shot dead. We should all be able to 
agree that criminals who should be deported under our laws should not 
be set free with impunity.
  There should be no sanctuary for hardened criminals in this country.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Cassidy). The Senator from Tennessee.


Amendments Nos. 2083, 2092, 2108, 2119, 2131, and 2138 to Amendment No. 
                                  2089

  Mr. ALEXANDER. Mr. President, Senator Murray and this Senator have a 
small package of amendments that have been cleared by both sides. I ask 
unanimous consent that the following amendments be called up, reported 
by number, and agreed to en bloc: Gardner No. 2083, McCaskill No. 2092, 
Gillibrand No. 2108, Gardner No. 2119, Casey No. 2131, and Klobuchar 
No. 2138.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the amendments en bloc.
  The senior assistant legislative clerk read as follows:

       The Senator from Tennessee [Mr. Alexander], for Mr. 
     Gardner, proposes amendments numbered 2083 and 2119 to 
     amendment No. 2089.

       The Senator from Washington [Mrs. Murray], for others, 
     proposes amendments numbered 2092, 2108, 2131, and 2138 to 
     amendment No. 2089.
  The amendments (Nos. 2083, 2092, 2108, 2119, 2131, and 2138) were 
agreed to, as follows:


                           amendment no. 2083

(Purpose: To enable local educational agencies to use funds under part 
  A of title I for dual or concurrent enrollment programs at eligible 
                                schools)

       On page 145, between lines 17 and 18, insert the following:

[[Page 11203]]

       ``(e) Use for Dual or Concurrent Enrollment Programs.--
       ``(1) In general.--A local educational agency carrying out 
     a schoolwide program or a targeted assistance school program 
     under subsection (c) or (d) in a high school may use funds 
     received under this part--
       ``(A) to carry out--
       ``(i) dual or concurrent enrollment programs for high 
     school students, through which the students are enrolled in 
     the high school and in postsecondary courses at an 
     institution of higher education; or
       ``(ii) programs that allow a student to continue in a dual 
     or concurrent enrollment program at a high school for the 
     school year following the student's completion of grade 12; 
     or
       ``(B) to provide training for teachers, and joint 
     professional development for teachers in collaboration with 
     career and technical educators and educators from 
     institutions of higher education where appropriate, for the 
     purpose of integrating rigorous academics in dual or 
     concurrent enrollment programs.
       ``(2) Flexibility of funds.--A local educational agency 
     using funds received under this part for a dual or concurrent 
     program described in clause (i) or (ii) of paragraph (1)(A) 
     may use such funds for any of the costs associated with such 
     program, including the costs of--
       ``(A) tuition and fees, books, and required instructional 
     materials for such program; and
       ``(B) transportation to and from such program.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be construed to impose on any State any requirement or 
     rule regarding dual or concurrent enrollment programs that is 
     inconsistent with State law.


                           amendment no. 2092

(Purpose: Enabling States, as a consortium, to use certain grant funds 
to voluntarily develop a process that allows teachers who are licensed 
 or certified in a participating State to teach in other participating 
                                States)

       On page 284, between lines 11 and 12, insert the following:
       ``(xxi) Enabling States, as a consortium, to voluntarily 
     develop a process that allows teachers who are licensed or 
     certified in a participating State to teach in other 
     participating States without completing additional licensure 
     or certification requirements, except that nothing in this 
     clause shall be construed to allow the Secretary to exercise 
     any direction, supervision, or control over State teacher 
     licensing or certification requirements.


                           Amendment No. 2108

   (Purpose: To amend the program under part E of title II to ensure 
 increased access to science, technology, engineering, and mathematics 
 subject fields for underrepresented students, and for other purposes)

       On page 369, strike lines 1 and 2 and insert the following:
       ``(2) improving student engagement in, and increasing 
     student access to, such subjects, including for students from 
     groups underrepresented in such subjects, such as female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students;
       Beginning on page 374, strike lines 17 through 22 and 
     insert the following:
       ``(C) how the State's proposed project will ensure 
     increased access for students who are members of groups 
     underrepresented in science, technology, engineering, and 
     mathematics subject fields (which may include female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students) to 
     high-quality courses in 1 or more of the identified subjects; 
     and
       On page 375, strike lines 8 through 12 and insert the 
     following:
       ``(1) Increasing access for students through grade 12 who 
     are members of groups underrepresented in science, 
     technology, engineering, and mathematics subject fields, such 
     as female students, minority students, English learners, 
     children with disabilities, and economically disadvantaged 
     students, to high-quality courses in the identified subjects.
       On page 377, between lines 22 and 23, insert the following:
       ``(iii) A description of how the eligible subgrantee will 
     use funds provided under this subsection for services and 
     activities to increase access for students who are members of 
     groups underrepresented in science, technology, engineering, 
     and mathematics subject fields, which may include female 
     students, minority students, English learners, children with 
     disabilities, and economically disadvantaged students, to 
     high-quality courses in 1 or more of the State's identified 
     subjects. Such activities and services may include after-
     school activities or other informal learning opportunities 
     designed to encourage interest and develop skills in 1 or 
     more of such subjects.
       On page 381, between lines 4 and 5, insert the following:
       ``(iv) broaden student access to mentorship, tutoring, and 
     after-school activities or other informal learning 
     opportunities designed to encourage interest and develop 
     skills in 1 or more of the State's identified subjects;


                           Amendment No. 2119

  (Purpose: To include charter school representatives in the list of 
 entities with whom a State and local educational agency shall consult 
               in the development of plans under title I)

       On page 19, line 22, insert ``public charter school 
     representatives (if applicable),'' before ``specialized''.
       On page 95, line 12, insert ``public charter school 
     representatives (if applicable),'' after ``leaders,''.


                           Amendment No. 2131

 (Purpose: To improve the bill relating to appropriate accommodations 
                    for children with disabilities)

       On page 39 line 15, insert ``, such as interoperability 
     with and ability to use assistive technology,'' after 
     ``accommodations''.


                           Amendment No. 2138

 (Purpose: To amend the Elementary and Secondary Education Act of 1965 
    relating to improving student academic achievement in science, 
               technology, engineering, and mathematics)

       On page 370, between lines 18 and 19, insert the following:
       ``(3) STEM-focused specialty school.--The term `STEM-
     focused specialty school' means a school, or a dedicated 
     program within a school, that engages students in rigorous, 
     relevant, and integrated learning experiences focused on 
     science, technology, engineering, and mathematics, which 
     include authentic school-wide research.
       On page 382, line 12, strike the period and insert the 
     following: ``; and
       ``(viii) support the creation and enhancement of STEM-
     focused specialty schools that improve student academic 
     achievement in science, technology, engineering, and 
     mathematics, including computer science, and prepare more 
     students to be ready for postsecondary education and careers 
     in such subjects.
       Beginning on page 384, strike line 3 and all that follows 
     through line 23 on page 384 and insert the following:
       ``(c) Evaluation and Management.--The Secretary shall--
       ``(1) acting through the Director of the Institute of 
     Education Sciences, and in consultation with the Director of 
     the National Science Foundation--
       ``(A) evaluate the implementation and impact of the 
     activities supported under this part, including progress 
     measured by the metrics established under subsection (a); and
       ``(B) identify best practices to improve instruction in 
     science, technology, engineering, and mathematics subjects;
       ``(2) disseminate, in consultation with the National 
     Science Foundation, research on best practices to improve 
     instruction in science, technology, engineering, and 
     mathematics subjects;
       ``(3) ensure that the Department is taking appropriate 
     action to--
       ``(A) identify all activities being supported under this 
     part; and
       ``(B) avoid unnecessary duplication of efforts between the 
     activities being supported under this part and other 
     programmatic activities supported by the Department or by 
     other Federal agencies; and
       ``(4) develop a rigorous system to--
       ``(A) identify the science, technology, engineering, and 
     mathematics education-specific needs of States and 
     stakeholders receiving funds through subgrants under this 
     part;
       ``(B) make public and widely disseminate programmatic 
     activities relating to science, technology, engineering, and 
     mathematics that are supported by the Department or by other 
     Federal agencies; and
       ``(C) develop plans for aligning the programmatic 
     activities supported by the Department and other Federal 
     agencies with the State and stakeholder needs.

       Amendments Nos. 2161, 2132, and 2080 to Amendment No. 2089

  Mr. ALEXANDER. Mr. President, I ask unanimous consent to set aside 
the pending amendment and call up the following amendments en bloc: 
Kirk No. 2161, Scott No. 2132, and Hatch No. 2080. And I further ask 
that Senator Murray be recognized to call up two other amendments.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk shall report the amendments en bloc.
  The senior assistant legislative clerk read as follows:

       The Senator from Tennessee [Mr. Alexander], for others, 
     proposes amendments numbered 2161, 2132, and 2080 to 
     amendment No. 2089.

  The amendments are as follows:


                           Amendment No. 2161

  (Purpose: To ensure that States measure and report on indicators of 
     student access to critical educational resources and identify 
         disparities in such resources, and for other purposes)

       On page 69, between lines 16 and 17, insert the following:
       ``(N) how the State will measure and report on indicators 
     of student access to critical

[[Page 11204]]

     educational resources and identify disparities in such 
     resources (referred to for purposes of this Act as an 
     `Opportunity Dashboard of Core Resources') for each local 
     educational agency and each public school in the State in a 
     manner that--
       ``(i) provides data on each indicator, for all students and 
     disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A); and
       ``(ii) is based on the indicators described in clauses (v), 
     (vii), (x), (xiii), and (xiv) of subsection (d)(1)(C) and not 
     less than 3 of the following:

       ``(I) access to qualified paraprofessionals, and 
     specialized instructional support personnel, who are 
     certified or licensed by the State;
       ``(II) availability of health and wellness programs;
       ``(III) availability of dedicated school library programs 
     and modern instructional materials and school facilities;
       ``(IV) enrollment in early childhood education programs and 
     full-day, 5-day-a-week kindergarten; and
       ``(V) availability of core academic subject courses;

       ``(O) how the State will develop plans with local 
     educational agencies, including a timeline with annual 
     benchmarks, to address disparities identified under 
     subparagraph (N) and, if a local educational agency does not 
     achieve the applicable annual benchmarks for two consecutive 
     years, how the State will allocate resources and supports to 
     such local educational agency based on the identified needs;
       On page 82, between lines 23 and 24, insert the following:
       ``(xviii) Information on the indicators of student access 
     to critical educational resources selected by the State, as 
     described in subsection (c)(1)(N), for all students and 
     disaggregated by each of the categories of students, as 
     defined in subsection (b)(3)(A), for each local educational 
     agency and each school in the State and by the categories 
     described in clause (vii).
       On page 115, after line 25, add the following:
       ``(3) Resource, support, and program availability.--A local 
     educational agency that receives funds under this part shall 
     notify the parents of each student attending any school 
     receiving funds under this part that the parents may request, 
     and the agency will provide the parents on request (and in a 
     timely manner), information regarding the availability of 
     critical educational resources, supports, and programs, as 
     described in the State plan in accordance with section 
     1111(c)(1)(N).


                           Amendment No. 2132

  (Purpose: To expand opportunity by allowing Title I funds to follow 
                          low-income children)

       After section 1010, insert the following:

     SEC. 1011. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE OPTION.

       Subpart 2 of part A of title I is amended by inserting 
     after section 1122 the following:

     ``SEC. 1123. FUNDS TO FOLLOW THE LOW-INCOME CHILD STATE 
                   OPTION.

       ``(a) Funds Follow the Low-income Child.--Notwithstanding 
     any other provisions in this title requiring a State to 
     reserve or distribute funds, a State may, in accordance with 
     and as permitted by State law, distribute funds under this 
     subpart among the local educational agencies in the State 
     based on the number of eligible children enrolled in the 
     public schools operated by each local educational agency and 
     the number of eligible children within each local educational 
     agency's geographical area whose parents elect to send their 
     child to a private school, for the purposes of ensuring that 
     funding under this subpart follows low-income children to the 
     public school they attend and that payments will be made to 
     the parents of eligible children who choose to enroll their 
     eligible children in private schools.
       ``(b) Eligible Child.--
       ``(1) Definition.--In this section, the term `eligible 
     child' means a child aged 5 to 17, inclusive from a family 
     with an income below the poverty level on the basis of the 
     most recent satisfactory data published by the Department of 
     Commerce.
       ``(2) Criteria of poverty.--In determining the families 
     with incomes below the poverty level for the purposes of this 
     section, a State educational agency shall use the criteria of 
     poverty used by the Census Bureau in compiling the most 
     recent decennial census, as the criteria have been updated by 
     increases in the Consumer Price Index for All Urban 
     Consumers, published by the Bureau of Labor Statistics.
       ``(c) Identification of Eligible Children; Allocation and 
     Distribution of Funds.--
       ``(1) Identification of eligible children.--On an annual 
     basis, on a date to be determined by the State educational 
     agency, each local educational agency shall inform the State 
     educational agency of the number of eligible children 
     enrolled in public schools served by the local educational 
     agency and the number of eligible children within each local 
     educational agency's geographical area whose parents elect to 
     send their child to a private school.
       ``(2) Amount of payment.--
       ``(A) In general.--Subject to subparagraph (B), the amount 
     of payment for each eligible child described in this section 
     shall be equal to--
       ``(i) the total amount allotted to the State under this 
     subpart; divided by
       ``(ii) the total number of eligible children in the State 
     identified under paragraph (1).
       ``(B) Limitation.--In the case of a payment made to the 
     parents of an eligible child who elects to attend a private 
     school, the amount of the payment described in subparagraph 
     (A) for each eligible child shall not exceed the cost for 
     tuition, fees, and transportation for the eligible child to 
     attend the private school.
       ``(3) Allocation to local educational agencies.--Based on 
     the identification of eligible children in paragraph (1), the 
     State educational agency shall provide to a local educational 
     agency an amount equal to the product of--
       ``(A) the amount available for each eligible child in the 
     State, as determined in paragraph (2); multiplied by
       ``(B) the number of eligible children identified by the 
     local educational agency under paragraph (1).
       ``(4) Distribution to schools.--From amounts allocated 
     under paragraph (3) and notwithstanding any provisions in 
     this title requiring a local educational agency to reserve 
     funds, each local educational agency that receives funds 
     under such paragraph shall distribute a portion of such funds 
     to the public schools served by the local educational agency, 
     which amount shall--
       ``(A) be based on the number of eligible children enrolled 
     in such schools and included in the count submitted under 
     paragraph (1); and
       ``(B) be distributed in a manner that would, in the absence 
     of such Federal funds, supplement the funds made available 
     from non-Federal resources for the education of pupils 
     participating in programs under this part, and not to 
     supplant such funds (in accordance with the method of 
     determination described in section 1117).
       ``(5) Distribution to parents.--
       ``(A) In general.--From the amounts allocated under 
     paragraph (3) and notwithstanding any provisions in this 
     title requiring a local educational agency to reserve funds, 
     each local educational agency that receives funds under such 
     paragraph shall distribute a portion of such funds, in an 
     amount equal to the amount described in paragraph (2), to the 
     parents of each eligible child within the local educational 
     agency's geographical area who elect to send their child to a 
     private school and whose child is included in the count of 
     such eligible children under paragraph (1), which amount 
     shall be distributed in a manner so as to ensure that such 
     payments will be used for the payment of tuition, fees, and 
     transportation expenses (if any).
       ``(B) Reservation.--A local educational agency described in 
     this paragraph may reserve not more than 1 percent of the 
     funds available for distribution under subparagraph (A) to 
     pay administrative costs associated with carrying out the 
     activities described in such subparagraph.
       ``(d) Technical Assistance.--The Secretary, in consultation 
     with the Secretary of Commerce, shall provide technical 
     assistance to the State educational agencies that choose to 
     allocate grant funds in accordance with subsection (a), for 
     the purpose of assisting local educational agencies and 
     schools in such States to determine an accurate methodology 
     to identify the number of eligible children under subsection 
     (c)(1).
       ``(e) Rule of Construction.--Payments to parents under this 
     subsection (c)(5) shall be considered assistance to the 
     eligible child and shall not be considered assistance to the 
     school that enrolls the eligible child. The amount of any 
     payment under this section shall not be treated as income of 
     the child or his or her parents for purposes of Federal tax 
     laws or for determining eligibility for any other Federal 
     program.
       ``(f) Requirements for Participating Private Schools.--A 
     private school that enrolls eligible children whose parents 
     receive funds under this section--
       ``(1) shall be accredited, licensed, or otherwise operating 
     in accordance with State law;
       ``(2) shall ensure that the amount of any tuition or fees 
     charged by the school to an eligible child whose parents 
     receive funds from a local educational agency through a 
     distribution under this section does not exceed the amount of 
     tuition or fees that the school charges to students whose 
     parents do not receive such funds;
       ``(3) shall be academically accountable to the parent for 
     meeting the educational needs of the student; and
       ``(4) shall not discriminate against eligible children on 
     the basis of race, color, national origin, or sex, except 
     that--
       ``(A) the prohibition of sex discrimination shall not apply 
     to a participating school that is operated by, supervised by, 
     controlled by, or connected to a religious organization to 
     the extent that the application of such prohibition is 
     inconsistent with the religious tenets or beliefs of the 
     school; and
       ``(B) notwithstanding this paragraph or any other provision 
     of law, a parent may choose, and a school may offer, a 
     single-sex school, class, or activity.
       ``(g) Prohibitions on Control of Participating Private 
     Schools.--Notwithstanding

[[Page 11205]]

     any other provision of law, a private school that enrolls 
     eligible children whose parents receive funds under this 
     section--
       ``(1) may be a school that is operated by, supervised by, 
     controlled by, or connected to, a religious organization to 
     exercise its right in matters of employment consistent with 
     title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et 
     seq.), including the exemptions in that title; and
       ``(2) consistent with the First Amendment of the 
     Constitution of the United States, shall not--
       ``(A) be required to make any change in the school's 
     teaching mission;
       ``(B) be required to remove religious art, icons, 
     scriptures, or other symbols; or
       ``(C) be precluded from retaining religious terms in its 
     name, selecting its board members on a religious basis, or 
     including religious references in its mission statements and 
     other chartering or governing documents.
       ``(h) Evaluation.--Every 2 years, the Secretary shall 
     conduct an evaluation of eligible children whose parents 
     receive funds under this section, which shall include an 
     evaluation of--
       ``(1) 4-year adjusted cohort graduation rates; and
       ``(2) parental satisfaction regarding the relevant 
     activities carried out under this section.
       ``(i) Requests for Data and Information.--Each school that 
     enrolls eligible children whose parents receive funds under 
     this section shall comply with all requests for data and 
     information regarding evaluations conducted under subsection 
     (h).
       ``(j) Rules of Conduct and Other School Policies.--A school 
     that enrolls eligible children whose parents receive funds 
     under this section may require such children to abide by any 
     rules of conduct and other requirements applicable to all 
     other students at the school.
       ``(k) Report to Parents.--
       ``(1) In general.--Each school that enrolls eligible 
     children whose parents receive funds under this section shall 
     report, at least once during the school year, to such parents 
     on--
       ``(A) their child's academic achievement, as measured by a 
     comparison with--
       ``(i) the aggregate academic achievement of other students 
     at the school who are eligible children whose parents receive 
     funds under this section and who are in the same grade or 
     level, as appropriate; and
       ``(ii) the aggregate academic achievement of the student's 
     peers at the school who are in the same grade or level, as 
     appropriate; and
       ``(B) the safety of the school, including the incidence of 
     school violence, student suspensions, and student expulsions.
       ``(2) Prohibition on disclosure of personal information.--
     No report under this subsection may contain any personally 
     identifiable information, except that a student's parent may 
     receive a report containing personally identifiable 
     information relating to their own child.''.


                           Amendment No. 2080

     (Purpose: To establish a committee on student privacy policy)

       At the end of title I, add the following:

     SEC. 1018. STUDENT PRIVACY POLICY COMMITTEE.

       (a) Establishment of a Committee on Student Privacy 
     Policy.--Not later than 60 days after the date of enactment 
     of this Act, there is established a committee to be known as 
     the ``Student Privacy Policy Committee'' (referred to in this 
     section as the ``Committee'').
       (b) Membership.--
       (1) Composition.--The Committee shall be composed of--
       (A) 3 individuals appointed by the Secretary of Education;
       (B) not less than 8 and not more than 13 individuals 
     appointed by the Comptroller General of the United States, 
     representing--
       (i) experts in education data and student privacy;
       (ii) educators and parents;
       (iii) State and local government officials responsible for 
     managing student information;
       (iv) education technology leaders in the State or a local 
     educational agency;
       (v) experts with practical experience dealing with data 
     privacy management at the State or local level;
       (vi) experts with a background in academia or research in 
     data privacy and education data; and
       (vii) education technology providers and education data 
     storage providers; and
       (C) 4 members appointed by--
       (i) the majority leader of the Senate;
       (ii) the minority leader of the Senate;
       (iii) the Speaker of the House of Representatives; and
       (iv) the minority leader of the House of Representatives.
       (D) Chairperson.--The Committee shall select a Chairperson 
     from among its members.
       (E) Vacancies.--Any vacancy in the Committee shall not 
     affect the powers of the Committee and shall be filled in the 
     same manner as an initial appointment described in 
     subparagraphs (A) through (C).
       (c) Meetings.--The Committee shall hold, at the call of the 
     Chairperson, not less than 5 meetings before completing the 
     study required under subsection (e) and the report required 
     under subsection (f).
       (d) Personnel Matters.--
       (1) Compensation of members.--Each member of the Committee 
     shall serve without compensation in addition to any such 
     compensation received for the member's service as an officer 
     or employee of the United States, if applicable.
       (2) Travel expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter 1 of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (e) Duties of the Committee.--
       (1) Study.--The Committee shall conduct a study on the 
     effectiveness of Federal laws and enforcement mechanisms of--
       (A) student privacy; and
       (B) parental rights to student information.
       (2) Recommendations.--Based on the findings of the study 
     under paragraph (1), the Committee shall develop 
     recommendations addressing issues of student privacy and 
     parental rights and how to improve and enforce Federal laws 
     regarding student privacy and parental rights, including 
     recommendations that--
       (A) provide or update standard definitions, if needed, for 
     relevant terms related to student privacy, including--
       (i) education record;
       (ii) personally identifiable information;
       (iii) aggregated, de-identified, or anonymized data;
       (iv) third-party; and
       (v) educational purpose;
       (B) identify--
       (i) which Federal laws should be updated; and
       (ii) the appropriate Federal enforcement authority to 
     execute the laws identified in clause (i);
       (C) address the sharing of data in an increasingly 
     technological world, including--
       (i) evaluations of protections in place for student data 
     when it is used for research purposes;
       (ii) establishing best practices for any entity that is 
     charged with handling, or that comes into contact with, 
     student education records;
       (iii) ensuring that identifiable data cannot be used to 
     target students for advertising or marketing purposes; and
       (iv) establishing best practices for data deletion and 
     minimization;
       (D) discuss transparency and parental access to personal 
     student information by establishing best practices for--
       (i) ensuring parental knowledge of any entity that stores 
     or accesses their student's information;
       (ii) parents to amend, delete, or modify their student's 
     information; and
       (iii) a central designee in a State or a political 
     subdivision of a State who can oversee transparency and serve 
     as a point of contact for interested parties;
       (E) establish best practices for the local entities who 
     handle student privacy, which may include professional 
     development for those who come into contact with identifiable 
     data; and
       (F) discuss how to improve coordination between Federal and 
     State laws.
       (f) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Committee shall prepare and submit 
     a report to the Secretary of Education and to Congress 
     containing the findings of the study under subsection (e)(1) 
     and the recommendations developed under subsection (e)(2).

  The PRESIDING OFFICER. The Senator from Washington.


          Amendments Nos. 2093 and 2118 to Amendment No. 2089

  Mrs. MURRAY. Mr. President, I ask unanimous consent to set aside the 
pending amendment to call up the Franken amendment No. 2093 and the 
Kaine amendment No. 2118 en bloc.
  The PRESIDING OFFICER. Without objection, the clerk shall report.
  The senior assistant legislative clerk read as follows:

       The Senator from Washington [Mrs. Murray], for others, 
     proposes amendments numbered 2093 and 2118 to amendment No. 
     2089.

  The amendments are as follows:


                           Amendment No. 2093

       (Purpose: To end discrimination based on actual or 
     perceived sexual orientation or gender identity in public 
     schools.)

  (The amendment is printed in the Record of July 7, 2015, under ``Text 
of Amendments.'')


                           Amendment No. 2118

   (Purpose: To amend the State accountability system under section 
  1113(b)(3) regarding the measures used to ensure that students are 
  ready to enter postsecondary education or the workforce without the 
                  need for postsecondary remediation)

       On page 56, strike lines 9 through 12 and insert the 
     following:
       ``(aa) student readiness to enter postsecondary education 
     or the workforce without the need for postsecondary 
     remediation, which may include--

[[Page 11206]]

       ``(AA) measures that integrate preparation for 
     postsecondary education and the workforce, including 
     performance in coursework sequences that integrate rigorous 
     academics, work-based learning, and career and technical 
     education;
       ``(BB) measures of a high-quality and accelerated academic 
     program as determined appropriate by the State, which may 
     include the percentage of students who participate in a 
     State-approved career and technical program of study as 
     described in section 122(c)(1)(A) of the Carl D. Perkins 
     Career and Technical Education Act of 2006 and measures of 
     technical skill attainment and placement described in section 
     113(b) of such Act and reported by the State in a manner 
     consistent with section 113(c) of such Act, or other 
     substantially similar measures;
       ``(CC) student performance on assessments aligned with the 
     expectations for first-year postsecondary education success;
       ``(DD) student performance on admissions tests for 
     postsecondary education;
       ``(EE) student performance on assessments of career 
     readiness and acquisition of industry-recognized credentials 
     that meet the quality criteria established by the State under 
     section 123(a) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3102);
       ``(FF) student enrollment rates in postsecondary education;
       ``(GG) measures of student remediation in postsecondary 
     education; and
       ``(HH) measures of student credit accumulation in 
     postsecondary education;
       On page 57, line 14, strike ``; and'' and insert ``, which 
     may include participation and performance in Advanced 
     Placement, International Baccalaureate, dual enrollment, and 
     early college high school programs; and''.

  Mr. ALEXANDER. Mr. President, I ask unanimous consent that at 5:30 
p.m. on Monday, July 13, the Senate vote on the following amendments, 
with no second-degree amendments in order to any of the amendments 
prior to the votes: Hatch amendment No. 2080 and Kaine amendment No. 
2118.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________