S 667 IS
106th CONGRESS
1st Session
S. 667
IN THE SENATE OF THE UNITED STATES
Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) SHORT TITLE- This Act may be cited as the `EDucating America's Children for Tomorrow (ED-ACT)'.
(b) TABLE OF CONTENTS-
Sec. 1. Short title; table of contents; definitions.
Sec. 101. Empowering parents and students.
Sec. 201. Prohibition regarding funding for developing or implementing national education standards.
Sec. 301. Short title.
Sec. 302. Improvement and transfer of jurisdiction of troops-to-teachers program.
Sec. 401. English plus.
Sec. 402. Multilingualism study.
Sec. 501. Purposes.
Sec. 502. Authorization of appropriations; program authority.
Sec. 503. Eligibility.
Sec. 504. Scholarships.
Sec. 505. Eligible children; award rules.
Sec. 506. Applications.
Sec. 507. Approval of programs.
Sec. 508. Amounts and length of grants.
Sec. 509. Uses of funds.
Sec. 510. Effect of programs.
Sec. 511. National evaluation.
Sec. 512. Enforcement.
Sec. 513. Definitions.
Sec. 601. Credit for contributions to schools.
Sec. 602. Increase in annual contribution limit for education individual retirement accounts.
Sec. 701. Educational tools for underserved students.
Sec. 702. Teacher training.
Sec. 703. Putting the best teachers in the classroom.
Sec. 801. Empowering students.
(c) DEFINITIONS- In this Act:
(1) COMPTROLLER GENERAL- The term `Comptroller General' means the Comptroller General of the United States.
(2) ELEMENTARY SCHOOL; LOCAL EDUCATIONAL AGENCY; PARENT; SECONDARY SCHOOL; STATE EDUCATIONAL AGENCY- The terms `elementary school', `local educational agency', `parent', `secondary school', and `State educational agency' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801 et seq.).
(3) POVERTY LINE- The term `poverty line' means 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.
(4) SECRETARY- The term `Secretary' means the Secretary of Education.
(5) STATE- The term `State' means each of the several States of the United States and the District of Columbia.
(a) DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES-
(1) IN GENERAL- Notwithstanding any other provision of law, for each fiscal year the Secretary shall award the total amount of funds described in paragraph (2) directly to local educational agencies in accordance with paragraph (4) to enable the local educational agencies to carry out the authorized activities described in paragraph (5).
(2) APPLICABLE FUNDING- The total amount of funds referred to in paragraph (1) are all funds that are appropriated for the Department of Education for a fiscal year to carry out programs or activities under the following provisions of law:
(A) Title III of the Goals 2000: Educate America Act (20 U.S.C. 5881 et seq.).
(B) Title IV of the Goals 2000: Educate America Act (20 U.S.C. 5911 et seq.).
(C) Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951).
(D) The School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.).
(E) Section 1502 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6492).
(F) Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.).
(G) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.).
(H) Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.).
(I) Part A of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.).
(J) Part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et seq.).
(K) Title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.).
(L) Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.).
(M) Part B of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.).
(N) Part C of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7931 et seq.).
(O) Part A of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.).
(P) Part B of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8031 et seq.).
(Q) Part D of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8091 et seq.).
(R) Part F of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8141 et seq.).
(S) Part G of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8161 et seq.).
(T) Part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8241 et seq.).
(U) Part J of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8271 et seq.).
(V) Part K of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8331 et seq.).
(W) Part L of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8351 et seq.).
(X) Part A of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.).
(Y) Part C of title XIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.).
(Z) Part B of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.).
(3) CENSUS DETERMINATION-
(A) IN GENERAL- Each local educational agency shall conduct a census to determine the number of kindergarten through grade 12 students that are in the school district served by the local educational agency for an academic year.
(B) PRIVATE SCHOOL STUDENTS- In carrying out subparagraph (A), each local educational agency shall determine the number of private school students described in such paragraph for an academic year on the basis of data the local educational agency determines reliable.
(C) SUBMISSION- Each local educational agency shall submit the total number of public and private school children described in this paragraph for an academic year to the Secretary not later than March 1 of the academic year.
(D) PENALTY- If the Secretary determines that a local educational agency has knowingly submitted false information under this subsection for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amount the local educational agency received under this section, and the correct amount the local educational agency would have received if the agency had submitted accurate information under this subsection.
(4) DETERMINATION OF ALLOTMENTS- From the total applicable funding available for a fiscal year, the Secretary shall make allotments to each local educational agency in a State in an amount that bears the same relation--
(A) to 50 percent of such total applicable funding as the number of individuals in the school district served by the local educational agency who are aged 5 through 17 bears to the total number of such individuals in all school districts served by all local educational agencies in all States; and
(B) to 50 percent of such total amount as the total amount all local educational agencies in the State are eligible to receive under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the fiscal year bears to the total amount all local educational agencies in all States are eligible to receive under such part for the fiscal year.
(5) AUTHORIZED ACTIVITIES-
(A) IN GENERAL- A local educational agency receiving an allotment under paragraph (4) shall use the allotted funds for innovative assistance programs described in subparagraph (B).
(B) INNOVATIVE ASSISTANCE- The innovative assistance programs referred to in subparagraph (A) include--
(i) technology programs related to the implementation of school-based reform programs, including professional development to assist teachers and other school officials regarding how to use effectively such equipment and software;
(ii) programs for the acquisition and use of instructional and educational materials, including library services and materials (including media materials), assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that--
(I) are tied to high academic standards;
(II) will be used to improve student achievement; and
(III) are part of an overall education reform program;
(iii) promising education reform programs, including effective schools and magnet schools;
(iv) programs to improve the higher order thinking skills of disadvantaged elementary school and secondary school students and to prevent students from dropping out of school;
(v) programs to combat illiteracy in the student and adult populations, including parent illiteracy;
(vi) programs to provide for the educational needs of gifted and talented children;
(vii) hiring of teachers or teaching assistants to decrease a school, school district, or statewide student-to-teacher ratio; and
(viii) school improvement programs or activities described in sections 1116 and 1117 of the Elementary and Secondary Education Act of 1965.
(6) ACCOUNTABILITY-
(A) LOCAL EDUCATIONAL AGENCY- A local educational agency that receives funds under this section in any fiscal year shall make available for review by parents, community members, the State educational agency and the Department of Education--
(i) a proposed budget regarding how such funds shall be used; and
(ii) an accounting of the actual use of such funds at the end of the fiscal year of the local educational agency.
(B) SCHOOL- Each school receiving assistance under this section in any fiscal year shall prepare and submit to the Secretary and make available to the public a detailed plan that outlines--
(i) clear academic performance objectives for students at the school;
(ii) a timetable for improving the academic performance of the students; and
(iii) methods for officially evaluating and measuring the academic growth or progress of the students.
(b) DIRECT AWARDS OF PART A OF TITLE I FUNDING-
(1) IN GENERAL- Notwithstanding any other provision of law and subject to paragraph (3), the Secretary shall award the total amount of funds appropriated to carry out part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for a fiscal year directly to local educational agencies in accordance with paragraph (2) to enable the local educational agencies to support programs or activities, for kindergarten through grade 12 students, that the local educational agencies deem appropriate.
(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- The Secretary shall make awards under this section for a fiscal year only to local educational agencies that are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 for the fiscal year.
(3) AMOUNT- Each local educational agency shall receive an amount awarded under this subsection for a fiscal year equal to the amount the local educational agency is eligible to receive under part A of title I of the Elementary and Secondary Education Act of 1965 for the fiscal year.
No Federal funds may be obligated or expended to develop or implement national education standards.
This title may be cited as the `Troops-to-Teachers Program Improvement Act of 1999'.
(a) RECODIFICATION, IMPROVEMENT, AND TRANSFER OF PROGRAM- (1) Section 1151 of title 10, United States Code, is amended to read as follows:
`(a) PROGRAM AUTHORIZED- The Secretary of Education, in consultation with the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard, may carry out a program--
`(1) to assist eligible members of the armed forces after their discharge or release, or retirement, from active duty to obtain certification or licensure as elementary or secondary school teachers or as vocational or technical teachers; and
`(2) to facilitate the employment of such members by local educational agencies identified under subsection (b)(1).
`(b) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCIES AND STATES- (1)(A) In carrying out the program authorized by subsection (a), the Secretary of Education shall periodically identify local educational agencies that--
`(i) are receiving grants under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) as a result of having within their jurisdictions concentrations of children from low-income families; or
`(ii) are experiencing a shortage of qualified teachers, in particular a shortage of science, mathematics, reading, special education, or vocational or technical teachers.
`(B) The Secretary may identify local educational agencies under subparagraph (A) through surveys conducted for that purpose or by utilizing information on local educational agencies that is available to the Secretary from other sources.
`(2) In carrying out the program, the Secretary shall also conduct a survey of States to identify those States that have alternative certification or licensure requirements for teachers, including those States that grant credit for service in the armed forces toward satisfying certification or licensure requirements for teachers.
`(c) ELIGIBLE MEMBERS- (1) The following members shall be eligible for selection to participate in the program:
`(A) Any member who--
`(i) during the period beginning on October 1, 1990, and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a reduction of force after six or more years of continuous active duty immediately before the discharge or release; and
`(ii) satisfies such other criteria for selection as the Secretary of Education, in consultation with the Secretary of Defense and the Secretary of Transportation, may prescribe.
`(B) Any member--
`(i) who, on or after October 1, 1999--
`(I) is retired for length of service with at least 20 years of active service computed under section 3925, 3926, 8925, or 8926 of this title or for purposes of chapter 571 of this title; or
`(II) is retired under section 1201 or 1204 of this title;
`(ii) who--
`(I) in the case of a member applying for assistance for placement as an elementary or secondary school teacher, has received a baccalaureate or advanced degree from an accredited institution of higher education; or
`(II) in the case of a member applying for assistance for placement as a vocational or technical teacher--
`(aa) has received the equivalent of one year of college from an accredited institution of higher education and has 10 or more years of military experience in a vocational or technical field; or
`(bb) otherwise meets the certification or licensure requirements for a vocational or technical teacher in the State in which such member seeks assistance for placement under the program; and
`(iii) who satisfies the criteria prescribed under subparagraph (A)(ii).
`(2) A member who is discharged or released from active duty, or retires from service, under other than honorable conditions shall not be eligible to participate in the program.
`(d) INFORMATION REGARDING PROGRAM- (1) The Secretary of Education, in consultation with the Secretary of Defense and the Secretary of Transportation, shall provide information regarding the program, and make applications for the program available, to members as part of preseparation counseling provided under section 1142 of this title.
`(2) The information provided to members shall--
`(A) indicate the local educational agencies identified under subsection (b)(1); and
`(B) identify those States surveyed under subsection (b)(2) that have alternative certification or licensure requirements for teachers, including those States that grant credit for service in the armed forces toward satisfying such requirements.
`(e) SELECTION OF PARTICIPANTS- (1)(A) Selection of members to participate in the program shall be made on the basis of applications submitted to the Secretary of Education on a timely basis. An application shall be in such form and contain such information as the Secretary may require.
`(B) An application shall be considered to be submitted on a timely basis if the application is submitted as follows:
`(i) In the case of an applicant who is eligible under subsection (c)(1)(A), not later than September 30, 2003.
`(ii) In the case of an applicant who is eligible under subsection (c)(1)(B), not later than four years after the date of the retirement of the applicant from active duty.
`(2) In selecting participants to receive assistance for placement as elementary or secondary school teachers or vocational or technical teachers, the Secretary shall give priority to members who--
`(A) have educational or military experience in science, mathematics, reading, special education, or vocational or technical subjects and agree to seek employment as science, mathematics, reading, or special education teachers in elementary or secondary schools or in other schools under the jurisdiction of a local educational agency; or
`(B) have educational or military experience in another subject area identified by the Secretary, in consultation with the National Governors Association, as important for national educational objectives and agree to seek employment in that subject area in elementary or secondary schools.
`(3) The Secretary may not select a member to participate in the program unless the Secretary has sufficient appropriations for the program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (g) with respect to that member.
`(f) AGREEMENT- A member selected to participate in the program shall be required to enter into an agreement with the Secretary of Education in which the member agrees--
`(1) to obtain, within such time as the Secretary may require, certification or licensure as an elementary or secondary school teacher or vocational or technical teacher; and
`(2) to accept an offer of full-time employment as an elementary or secondary school teacher or vocational or technical teacher for not less than four school years with a local educational agency identified under subparagraph (A) or (B) of subsection (b)(1), to begin the school year after obtaining that certification or licensure.
`(g) STIPEND AND BONUS FOR PARTICIPANTS- (1)(A) Subject to subparagraph (B), the Secretary of Education shall pay to each participant in the program a stipend in an amount equal to $5,000.
`(B) The total number of stipends that may be paid under this paragraph in any fiscal year may not exceed 3,000.
`(2)(A) Subject to subparagraph (B), the Secretary may, in lieu of paying a stipend under paragraph (1), pay a bonus of $10,000 to each participant in the program who agrees under subsection (f) to accept full-time employment as an elementary or secondary school teacher or vocational or technical teacher for not less than four years in a high need school.
`(B) The total number of bonuses that may be paid under this paragraph in any fiscal year may not exceed 1,000.
`(C) In this paragraph, the term `high need school' means an elementary school or secondary school that meets one or more of the following criteria:
`(i) A school with a drop out rate that exceeds the national average school drop out rate.
`(ii) A school having a large percentage of students (as determined by the Secretary in consultation with the National Assessment Governing Board) who speak English as a second language.
`(iii) A school having a large percentage of students (as so determined) who are at risk of educational failure by reason of limited proficiency in English, poverty, race, geographic location, or economic circumstances.
`(iv) A school at least one-half of whose students are from families with an income below the poverty line (as that term is 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.
`(v) A school with a large percentage of students (as so determined) who qualify for assistance under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
`(vi) A school located on an Indian reservation (as that term is defined in section 403(9) of the Indian Child Protection and Family Violence Prevention Act (25 U.S.C. 3202(9)).
`(vii) A school located in a rural area.
`(viii) A school meeting any other criteria established by the Secretary in consultation with the National Governors Association.
`(3) Stipends and bonuses paid under this subsection shall be taken into account in determining the eligibility of the participant concerned for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
`(h) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES- (1) If a participant in the program fails to obtain teacher certification or licensure or employment as an elementary or secondary school teacher or vocational or technical teacher as required under the agreement or voluntarily leaves, or is terminated for cause, from the employment during the four years of required service, the participant shall be required to reimburse the Secretary of Education for any stipend paid to the participant under subsection (g)(1) in an amount that bears the same ratio to the amount of the stipend as the unserved portion of required service bears to the four years of required service.
`(2) If a participant in the program who is paid a bonus under subsection (g)(2) fails to obtain employment for which such bonus was paid, or voluntarily leaves or is terminated for cause from the employment during the four years of required service, the participant shall be required to reimburse the Secretary for any bonus paid to the participant under that subsection in an amount that bears the same ratio to the amount of the bonus as the unserved portion of required service bears to the four years of required service.
`(3)(A) The obligation to reimburse the Secretary under this subsection is, for all purposes, a debt owing the United States.
`(B) A discharge in bankruptcy under title 11 shall not release a participant from the obligation to reimburse the Secretary.
`(C) Any amount owed by a participant under paragraph (1) or (2) shall bear interest at the rate equal to the highest rate being paid by the United States on the day on which the reimbursement is determined to be due for securities having maturities of ninety days or less and shall accrue from the day on which the participant is first notified of the amount due.
`(i) EXCEPTIONS TO REIMBURSEMENT PROVISIONS- (1) A participant in the program shall not be considered to be in violation of an agreement entered into under subsection (f) during any period in which the participant--
`(A) is pursuing a full-time course of study related to the field of teaching at an eligible institution;
`(B) is serving on active duty as a member of the armed forces;
`(C) is temporarily totally disabled for a period of time not to exceed three years as established by sworn affidavit of a qualified physician;
`(D) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who is disabled;
`(E) is seeking and unable to find full-time employment as a teacher in an elementary or secondary school or as a vocational or technical teacher for a single period not to exceed 27 months; or
`(F) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary of Education.
`(2) A participant shall be excused from reimbursement under subsection (h) if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician. The Secretary may also waive reimbursement in cases of extreme hardship to the participant, as determined by the Secretary in consultation with the Secretary of Defense or the Secretary of Transportation, as the case may be.
`(j) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL- The receipt by a participant in the program of any assistance under the program shall not reduce or otherwise affect the entitlement of the participant to any benefits under chapter 30 of title 38 or chapter 1606 of this title.
`(k) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF STATES- The Secretary of Education may permit States participating in the program authorized by this section to carry out activities authorized for such States under this section through one or more consortia of such States.
`(l) ASSISTANCE TO STATES IN ACTIVITIES UNDER PROGRAM- (1) Subject to paragraph (2), the Secretary of Education may make grants to States participating in the program authorized by this section, or to consortia of such States, in order to permit such States or consortia
of States to operate offices for purposes of recruiting eligible members for participation in the program and facilitating the employment of participants in the program in schools in such States or consortia of States.
`(2) The total amount of grants under paragraph (1) in any fiscal year may not exceed $4,000,000.
`(m) LIMITATION ON USE OF FUNDS FOR MANAGEMENT INFRASTRUCTURE- The Secretary of Education may utilize not more than five percent of the funds available to carry out the program authorized by this section for a fiscal year for purposes of establishing and maintaining the management infrastructure necessary to support the program.
`(n) DEFINITIONS- In this section:
`(1) The term `State' includes the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Republic of Palau, and the United States Virgin Islands.
`(2) The term `alternative certification or licensure requirements' means State or local teacher certification or licensure requirements that permit a demonstrated competence in appropriate subject areas gained in careers outside of education to be substituted for traditional teacher training course work.'.
(2) The table of sections at the beginning of chapter 58 of such title is amended by striking the item relating to section 1151 and inserting the following new item:
`1151. Assistance to certain separated or retired members to obtain certification and employment as teachers.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 1, 1999.
(c) TRANSFER OF JURISDICTION OVER CURRENT PROGRAM- (1) The Secretary of Defense, Secretary of Transportation, and Secretary of Education shall provide for the transfer to the Secretary of Education of any on-going functions and responsibilities of the Secretary of Defense and the Secretary of Transportation with respect the program authorized by section 1151 of title 10, United States Code, for the period beginning on October 23, 1992, and ending on September 30, 1999.
(2) The Secretaries shall complete the transfer under paragraph (1) not later than October 1, 1999.
(d) REPORTS- (1) Not later than March 31, 2002, the Secretary of Education and the Comptroller General shall each submit to Congress a report on the effectiveness of the program authorized by section 1151 of title 10, United States Code (as amended by subsection (a)), in the recruitment and retention of qualified personnel by local educational agencies identified under subsection (b)(1) of such section 1151 (as so amended).
(2) The report under paragraph (1) shall include information on the following:
(A) The number of participants in the program.
(B) The schools in which such participants are employed.
(C) The grade levels at which such participants teach.
(D) The subject matters taught by such participants.
(E) The effectiveness of the teaching of such participants, as indicated by any relevant test scores of the students of such participants.
(F) The extent of any academic improvement in the schools in which such participants teach by reason of their teaching.
(G) The rates of retention of such participants by the local educational agencies employing such participants.
(H) The effect of any stipends or bonuses under subsection (g) of such section 1151 (as so amended) in enhancing participation in the program or in enhancing recruitment or retention of participants in the program by the local educational agencies employing such participants.
(I) Such other matters as the Secretary or the Comptroller General, as the case may be, considers appropriate.
(3) The report of the Comptroller General under paragraph (1) shall also include any recommendations of the Comptroller General as to means of improving the program, including means of enhancing the recruitment and retention of participants in the program.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated for the Department of Education $25,000,000 for each of fiscal years 2000 through 2004 for purposes of carrying out the program authorized by section 1151 of title 10, United States Code (as amended by subsection (a)).
(a) FINDINGS- Congress makes the following findings:
(1) Immigrants to the United States have powerful incentives to learn English in order to fully participate in American society and the Nation's economy, and 90 percent of all immigrant families become fluent in English within the second generation.
(2) A common language promotes unity among citizens, and fosters greater communication.
(3) The reality of a global economy is an ever-present international development that is fostered by trade.
(4) The United States is well postured for the global economy and international development with its diverse population and rich heritage of cultures and languages from around the world.
(5) Foreign language skills are a tremendous resource to the United States and enhance American competitiveness in the global economy.
(6) It is clearly in the interest of the United States to encourage educational opportunities for all citizens and to take steps to realize the opportunities.
(7) Many American Indian languages are preserved, encouraged, and utilized, as the languages were during World War II when the Navajo Code Talkers created a code that could not be broken by the Japanese or the Germans, for example.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) our Nation must support literacy programs, including programs designed to teach English, as well as those dedicated to helping Americans learn and maintain languages in addition to English;
(2) our Nation must recognize the importance of English as the unifying language of the United States;
(3) as a Nation we must support and encourage Americans of every age to master English in order to succeed in American society and ensure a productive workforce;
(4) our Nation must recognize that a skilled labor force is crucial to United States competitiveness in a global economy, and the ability to speak languages in addition to English is a significant skill; and
(5) our Nation must recognize the benefits, both on an individual and a national basis, of developing the Nation's linguistic resources.
(a) FINDINGS- Congress finds that--
(1) even though all residents of the United States should be proficient in English, without regard to their country of birth, it is also of vital importance to the competitiveness of the United States that those residents be encouraged to learn other languages; and
(2) education is the primary responsibility of State and local governments and communities, and the governments and communities are responsible for developing policies in the area of education.
(b) RESIDENT OF THE UNITED STATES DEFINED- In this section, the term `resident of the United States' means an individual who resides in the United States, other than an alien who is not lawfully present in the United States.
(c) STUDY-
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Comptroller General shall conduct a study of multilingualism in the United States in accordance with this section.
(2) REQUIREMENTS-
(A) IN GENERAL- The study conducted under this section shall determine--
(i) the percentage of residents in the United States who are proficient in English and at least 1 other language;
(ii) the predominant language other than English in which residents referred to in clause (i) are proficient;
(iii) the percentage of the residents described in clause (i) who were born in a foreign country;
(iv) the percentage of the residents described in clause (i) who were born in the United States;
(v) the percentage of the residents described in clause (iv) who are second-generation residents of the United States; and
(vi) the percentage of the residents described in clause (iv) who are third-generation residents of the United States.
(B) AGE-SPECIFIC CATEGORIES- The study under this section shall, with respect to the residents described in subparagraph (A)(i), determine the number of those residents in each of the following categories:
(i) Residents who have not attained the age of 12.
(ii) Residents who have attained the age of 12, but have not attained the age of 18.
(iii) Residents who have attained the age of 18, but have not attained the age of 50.
(iv) Residents who have attained the age of 50.
(C) FEDERAL PROGRAMS- In conducting the study under this section, the Comptroller General shall establish a list of each Federal program that encourages multilingualism with respect to any category of residents described in subparagraph (B).
(D) COMPARISONS- In conducting the study under this section, the Comptroller General shall compare the multilingual population described in subparagraph (A) with the multilingual populations of foreign countries--
(i) in the Western Hemisphere; and
(ii) in Asia.
(d) REPORT- Upon completion of the study under this section, the Comptroller General shall prepare, and submit to Congress, a report that contains the results of the study conducted under this section, and such findings and recommendations as the Comptroller General determines to be appropriate.
The purposes of this title are--
(1) to assist and encourage States and localities to--
(A) give children from low-income families more of the same choices of all elementary and secondary schools and other academic programs that children from wealthier families already have;
(B) improve schools and other academic programs by giving low-income parents increased consumer power to choose the schools and programs that the parents determine best fit the needs of their children; and
(C) more fully engage low-income parents in their children's schooling; and
(2) to demonstrate, through a competitive discretionary grant program, the effects of State and local programs that give middle- and low-income families more of the same choices of all schools, public, private or religious, that wealthier families have.
(a) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003.
(b) PROGRAM AUTHORITY- The Secretary is authorized to award grants to not more than 10 States or localities, on a competitive basis, to enable the States or localities to carry out educational choice programs in accordance with this title.
A State or locality is eligible for a grant under this title if--
(1) the State or locality has taken significant steps to provide a choice of schools to families with school children residing in the program area described in the application submitted under section 506, including families who are not eligible for scholarships under this title;
(2) during the year for which assistance is sought, the State or locality provides assurances in the application submitted under section 506 that if awarded a grant under this title such State or locality will provide scholarships to parents of eligible children that may be redeemed for elementary schools or secondary education for their children at a broad variety of public and private elementary schools and secondary schools, including religious schools, if any, serving the area;
(3) the State or locality agrees to match 50 percent of the Federal funds provided for the scholarships; and
(4) the State or locality allows lawfully operating public and private elementary schools and secondary schools, including religious schools, if any, serving the area to participate in the program.
(a) SCHOLARSHIP AWARDS- With funds awarded under this title, each State or locality awarded a grant under this title shall provide scholarships to the parents of eligible children, in accordance with section 505.
(b) SCHOLARSHIP VALUE- The value of each scholarship shall be the sum of--
(1) $2,000 from funds provided under this title;
(2) $1,000 in matching funds from the State or locality; and
(3) an additional amount, if any, of State, local, or nongovernmental funds.
(c) TAX EXEMPTION- Scholarships awarded under this title shall not be considered income of the parents for Federal income tax purposes or for determining eligibility for any other Federal program.
(a) ELIGIBLE CHILD- In this title the term `eligible child' means a child who--
(1) resides in the program area described in the application submitted under section 506;
(2) will attend a public or private elementary school or secondary school that is participating in the program; and
(3) subject to subsection (b)(1)(C), is from a low-income family, as determined by the State or locality in accordance with regulations of the Secretary, except that the maximum family income for eligibility under this title shall not exceed the State or national median family income adjusted for family size, whichever is higher, as determined by the Secretary, in consultation with the Bureau of the Census, on the basis of the most recent satisfactory data available.
(b) AWARD RULES-
(1) CONTINUING ELIGIBILITY- Each State or locality receiving a grant under this title shall provide a scholarship in each year of its program to each child who received a scholarship during the previous year of the program, unless--
(A) the child no longer resides in the program area;
(B) the child no longer attends school;
(C) the child's family income exceeds, by 20 percent or more, the maximum family income of families who received scholarships in the preceding year; or
(D) the child is expelled or convicted of a felony, including felonious drug possession, possession of a weapon on school grounds, or violent acts against other students or a member of the school's faculty.
(2) PRIORITY- If the amount of the grant provided under this title is not sufficient to provide a scholarship to each eligible child from a family that meets the requirements of subsection (a)(3), the State or locality shall provide scholarships to eligible children from the lowest income families.
(a) APPLICATION- Each State or locality that wishes to receive a grant under this title shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require.
(b) CONTENTS- Each such application shall contain--
(1) a description of the program area;
(2) an economic profile of children residing in the program area, in terms of family income and poverty status;
(3) the family income range of children who will be eligible to participate in the proposed program, consistent with section 505(a)(3), and a description of the applicant's method for identifying children who fall within that range;
(4) an estimate of the number of children, within the income range specified in paragraph (3), who will be eligible to receive scholarships under the program;
(5) information demonstrating that the applicant's proposed program complies with the requirements of section 503 and with the other requirements of this title;
(6) a description of the procedures the applicant has used, including timely and meaningful consultation with private school officials--
(A) to encourage public and private elementary schools and secondary schools to participate in the program; and
(B) to ensure maximum educational choices for the parents of eligible children and for other children residing in the program area;
(7) an identification of the public, private, and religious elementary schools and secondary schools that are eligible and have chosen to participate in the program;
(8) a description of how the applicant will inform children and their parents of the program and of the choices available to the parents under the program, including the availability of supplementary academic services under section 509(2);
(9) a description of the procedures to be used to provide scholarships to parents and to enable parents to use such scholarships, such as the issuance of checks payable to schools;
(10) a description of the procedures by which a school will make a pro rata refund to the Department of Education for any participating child who, before completing 50 percent of the school attendance period for which the scholarship was provided--
(A) is released or expelled from the school; or
(B) withdraws from school for any reason;
(11) a description of procedures the applicant will use to--
(A) determine a child's continuing eligibility to participate in the program; and
(B) bring new children into the program;
(12) an assurance that the applicant will cooperate in carrying out the national evaluation described in section 511;
(13) an assurance that the applicant will maintain such records relating to the program as the Secretary may require and will comply with the Secretary's reasonable requests for information about the program;
(14) a description of State or local funds (including tax benefits) and nongovernmental funds, that will be available under section 504(b)(2) to supplement scholarship funds provided under this title; and
(15) such other assurance and information as the Secretary may require.
(c) REVISIONS- Each such application shall be updated annually as may be needed to reflect revised conditions.
(a) SELECTION- From applications received each year the Secretary shall select not more than 10 scholarship programs on the basis of--
(1) the number and variety of educational choices that are available under the program to families of eligible children;
(2) the extent to which educational choices among public, private, and religious schools are available to all families in the program area, including families that are not eligible for scholarships under this title;
(3) the proportion of children who will participate in the program who are from families at or below the poverty line;
(4) the applicant's financial support of the program, including the amount of State, local, and nongovernmental funds that will be provided to match Federal funds, including not only direct expenditures for scholarships, but also other economic incentives provided to families participating in the program, such as a tax relief program; and
(5) other criteria established by the Secretary.
(b) GEOGRAPHIC DISTRIBUTION- The Secretary shall ensure that, to the extent feasible, grants are awarded for programs in urban and rural areas and in a variety of geographic areas throughout the Nation.
(c) CONSIDERATION- In considering the factor described in subsection (a)(4), the Secretary shall consider differences in local conditions.
(a) AWARDS- The Secretary shall award not more than 10 grants annually taking into consideration the availability of appropriations, the number and quality of applications, and other factors related to the purposes of this title that the Secretary determines are appropriate.
(b) RENEWAL- Each grant under this title shall be awarded for a period of not more than 3 years.
The Federal portion of any scholarship awarded under this title shall be used as follows:
(1) FIRST- First, for--
(A) the payment of tuition and fees at the school selected by the parents of the child for whom the scholarship was provided; and
(B) the reasonable costs of the child's transportation to the school, if the school is not in the school district to which the child would be assigned in the absence of a program under this title.
(2) SECOND- If the parents so choose, to obtain supplementary academic services for the child, at a cost of not more than $500, from any provider chosen by the parents, that the State or locality, in accordance with regulations of the Secretary, determines is capable of providing such services and has an appropriate refund policy.
(3) LASTLY- Any funds that remain after the application of paragraphs (1) and (2) shall be used--
(A) for educational programs that help eligible children achieve high levels of academic excellence in the school attended by the eligible children for whom a scholarship was provided, if the eligible children attend a public school; or
(B) by the State or locality for additional scholarships in the year or the succeeding year of its program, in accordance with this title, if the child attends a private school.
(a) TITLE I- Notwithstanding any other provision of law, a local educational agency that, in the absence of an educational choice program that is funded under this title, would provide services to a participating eligible child under part A of title I of the Elementary and Secondary
Education Act of 1965, shall provide such services to such child.
(b) INDIVIDUALS WITH DISABILITIES- Nothing in this title shall be construed to affect the requirements of part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
(c) AID-
(1) IN GENERAL- Scholarships under this title are to aid families, not institutions. A parent's expenditure of scholarship funds at a school or for supplementary academic services shall not constitute Federal financial aid or assistance to that school or to the provider of supplementary academic services.
(2) SUPPLEMENTARY ACADEMIC SERVICES-
(A) IN GENERAL- Notwithstanding paragraph (1), a school or provider of supplementary academic services that receives scholarship funds under this title shall, as a condition of participation under this title, comply with the antidiscrimination provisions of section 601 of title VI of the Civil Rights Act of 1964 (42 U.S.C. 1681) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(B) REGULATIONS- The Secretary shall promulgate new regulations to implement the provisions of subparagraph (A), taking into account the purposes of this title and the nature, variety, and missions of schools and providers that may participate in providing services to children under this title.
(d) OTHER FEDERAL FUNDS- No Federal, State, or local agency may, in any year, take into account Federal funds provided to a State or locality or to the parents of any child under this title in determining whether to provide any other funds from Federal, State, or local resources, or in determining the amount of such assistance, to such State or locality or to a school attended by such child.
(e) NO DISCRETION- Nothing in this title shall be construed to authorize the Secretary to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school participating in a program under this title.
The Inspector General of the Department of Education shall conduct a national evaluation of the program authorized by this title. Such evaluation shall, at a minimum--
(1) assess the implementation of scholarship programs assisted under this title and their effect on participants, schools, and communities in the program area, including parental involvement in, and satisfaction with, the program and their children's education;
(2) compare the educational achievement of participating eligible children with the educational achievement of similar non-participating children before, during, and after the program; and
(3) compare--
(A) the educational achievement of eligible children who use scholarships to attend schools other than the schools the children would attend in the absence of the program; with
(B) the educational achievement of children who attend the schools the children would attend in the absence of the program.
(a) REGULATIONS- The Secretary shall promulgate regulations to enforce the provisions of this title.
(b) PRIVATE CAUSE- No provision or requirement of this title shall be enforced through a private cause of action.
In this title--
(1) the term `locality' means--
(A) a unit of general purpose local government, such as a city, township, or village; or
(B) a local educational agency; and
(2) the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(a) IN GENERAL- Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following:
`(a) ALLOWANCE OF CREDIT- In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions of the taxpayer for the taxable year.
`(b) MAXIMUM CREDIT- The credit allowed by subsection (a) for any taxable year shall not exceed $500 ($250, in the case of a married individual filing a separate return).
`(c) QUALIFIED CHARITABLE CONTRIBUTION- For purposes of this section--
`(1) IN GENERAL- The term `qualified charitable contribution' means, with respect to any taxable year, the amount allowable as a deduction under section 170 (determined without regard to subsection (e)(1)) for cash contributions to a school.
`(2) SCHOOL- The term `school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law.
`(d) DENIAL OF DOUBLE BENEFIT- No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section.
`(e) ELECTION TO HAVE CREDIT NOT APPLY- A taxpayer may elect to have this section not apply for any taxable year.'
(b) CLERICAL AMENDMENT- The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following:
`Sec. 25B. Credit for contributions to schools.'
(c) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after December 31, 1998.
(a) IN GENERAL- Section 530(b)(1)(A)(iii) of the Internal Revenue Code of 1986 (defining education individual retirement account) is amended by striking `$500' and inserting `$1,000'.
(b) CONFORMING AMENDMENT- Section 4973(e)(1)(A) of such Code is amended by striking `$500' and inserting `$1,000'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to taxable years beginning after December 31, 1998.
(a) FINDINGS- Congress makes the following findings:
(1) Limited data exists regarding Native American, Asian American and many other minority students.
(2) The limited data available regarding these students demonstrates potentially severe educational problems among Native American students and a decline in performance among Asian American students.
(b) STUDY AND DATA- The Comptroller General shall conduct a study and collect data regarding the education of minority students, including Native American students, Asian American students, and all other students who are often combined in statistical data under the category of other, in order to provide more extensive and reliable data regarding the students and to improve the academic preparation of the students.
(c) MATTERS STUDIED- The study referred to in subsection (a) shall examine and compile information regarding--
(1) the environment of the students;
(2) the academic achievement scores in reading, mathematics, and science of the students;
(3) the postsecondary education of the students;
(4) the environment and education of the members of the students' families; and
(5) the parental involvement in the education of the students.
(d) RECOMMENDATIONS- The Comptroller General shall develop recommendations regarding the development and implementation of strategies to meet the unique educational needs of the students described in subsection (a).
(e) REPORT-
(1) IN GENERAL- The Comptroller General shall prepare a report regarding the matters studied, the information collected, and the recommendations developed under this section.
(2) DISTRIBUTION- The Comptroller General shall distribute the report described in paragraph (1) to each local educational agency and State educational agency in the United States, the Secretary, and Congress.
(f) FUNDING- The Secretary shall make available to the Comptroller General, from any funds available to the Secretary for salaries and expenses at the Department of Education, such sums as the Comptroller General determines necessary to carry out this section.
(a) FINDINGS- Congress finds that too often inexperienced elementary school and secondary school teachers or teachers with low levels of education are found in schools predominately serving low-income students.
(b) STUDY- The Comptroller General shall conduct a study to determine whether requiring teacher training in a specific subject matter or at least a minor degree in a subject matter (such as mathematics, science, or English results in improved student performance.
It is the sense of the Senate that--
(1) the individual States should evaluate their teachers on the basis of demonstrated ability, including tests of subject matter knowledge, teaching knowledge, and teaching skill;
(2) States in conjunction with the various local education agencies should develop their own methods of testing their teachers and other instructional staff with respect to the specific subjects taught by the teachers and staff, and should administer the test every 4 years to individual teachers;
(3) each local educational agency should give serious consideration to using a portion of the funds made available under section 101 to develop and implement a method for evaluating each individual teacher's ability to provide the appropriate instruction in the classroom; and
(4) each local educational agency is encouraged to give consideration to providing monetary rewards to teachers by developing a compensation system that supports teachers who become increasingly expert in a subject area, are proficient in meeting the needs of students and schools, and demonstrate high levels of performance measured against professional teaching standards, and that will encourage teachers to continue to learn needed skills and broaden the teachers' expertise, thereby enhancing education for all students.
The Secretary, not later than October 1, 2004, shall gradually reduce the sum of the costs for employees and administrative expenses at the Department of Education as of the date of enactment of this Act incrementally each year until the sum of the costs for employees and administrative costs are reduced by 35 percent.
END