Home > 106th Congressional Bills > H.R. 1995 (rh) To amend the Elementary and Secondary Education Act of 1965 to empower teachers, improve student achievement through high-quality professional development for teachers, reauthorize the Reading Excellence Act, and for other purposes. [Report...

H.R. 1995 (rh) To amend the Elementary and Secondary Education Act of 1965 to empower teachers, improve student achievement through high-quality professional development for teachers, reauthorize the Reading Excellence Act, and for other purposes. [Report...


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106th CONGRESS
  1st Session
                                H. R. 1995


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1999

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
To amend the Elementary and Secondary Education Act of 1965 to empower 
teachers, improve student achievement through high-quality professional 
 development for teachers, reauthorize the Reading Excellence Act, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teacher Empowerment Act''.

SEC. 2. TEACHER EMPOWERMENT.

    (a) In General.--Title II of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
            (1) by striking the heading for title II and inserting the 
        following:

                     ``TITLE II--TEACHER QUALITY'';

            (2) by repealing sections 2001 through 2003; and
            (3) by amending part A to read as follows:

                     ``PART A--TEACHER EMPOWERMENT

``SEC. 2001. PURPOSE.

    ``The purpose of this part is to provide grants to States and local 
educational agencies in order to assist their efforts to increase 
student academic achievement through such strategies as improving 
teacher quality.

                     ``Subpart 1--Grants to States

``SEC. 2011. FORMULA GRANTS TO STATES.

    ``(a) In General.--In the case of each State that in accordance 
with section 2013 submits to the Secretary an application for a fiscal 
year, the Secretary shall make a grant for the year to the State for 
the uses specified in section 2012. The grant shall consist of the 
allotment determined for the State under subsection (b).
    ``(b) Determination of Amount of Allotment.--
            ``(1) Reservation of funds.--From the amount made available 
        to carry out this subpart for any fiscal year, the Secretary 
        shall reserve--
                    ``(A) \1/2\ of 1 percent for allotments for the 
                Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands, to be 
                distributed among these outlying areas on the basis of 
                their relative need, as determined by the Secretary in 
                accordance with the purpose of this part; and
                    ``(B) \1/2\ of 1 percent for the Secretary of the 
                Interior for programs under this part for professional 
                development activities for teachers, other staff, and 
                administrators in schools operated or funded by the 
                Bureau of Indian Affairs.
            ``(2) State allotments.--
                    ``(A) Hold harmless.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), from the total amount made available to 
                        carry out this subpart for any fiscal year and 
                        not reserved under paragraph (1), the Secretary 
                        shall allot to each of the 50 States, the 
                        District of Columbia, and the Commonwealth of 
                        Puerto Rico an amount equal to the total amount 
                        that such State received for fiscal year 1999 
                        under--
                                    ``(I) section 2202(b) of this Act 
                                (as in effect on the day before the 
                                date of the enactment of the Teacher 
                                Empowerment Act);
                                    ``(II) section 307 of the 
                                Department of Education Appropriations 
                                Act, 1999; and
                                    ``(III) section 304(b) of the Goals 
                                2000: Educate America Act.
                            ``(ii) Nonparticipating states.--In the 
                        case of a State that did not receive any funds 
                        for fiscal year 1999 under one or more of the 
                        provisions referred to in subclauses (I) 
                        through (III) of clause (i), the amount 
                        allotted to the State under such clause shall 
                        be the total amount that the State would have 
                        received for fiscal year 1999 if it had elected 
                        to participate in all of the programs for which 
                        it was eligible under each of the provisions 
                        referred to in such subclauses.
                            ``(iii) Ratable reduction.--If the total 
                        amount made available to carry out this subpart 
                        for any fiscal year and not reserved under 
                        paragraph (1) is insufficient to pay the full 
                        amounts that all States are eligible to receive 
                        under clause (i) for any fiscal year, the 
                        Secretary shall ratably reduce such amounts for 
                        such fiscal year.
                    ``(B) Allotment of additional funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        for any fiscal year for which the total amount 
                        made available to carry out this subpart and 
                        not reserved under paragraph (1) exceeds the 
                        total amount made available to the 50 States, 
                        the District of Columbia, and the Commonwealth 
                        of Puerto Rico for fiscal year 1999 under the 
                        authorities described in subparagraph (A)(i), 
                        the Secretary shall allot such excess amount as 
                        follows:
                                    ``(I) 50 percent of such excess 
                                amount shall be allotted among such 
                                States on the basis of their relative 
                                populations of individuals aged 5 
                                through 17, as determined by the 
                                Secretary on the basis of the most 
                                recent satisfactory data.
                                    ``(II) 50 percent of such excess 
                                amount shall be allotted among such 
                                States in proportion to the number of 
                                children, aged 5 to 17, who reside 
                                within the State from families with 
                                incomes below the poverty line (as 
                                defined by the Office of Management and 
                                Budget and revised annually in 
                                accordance with section 673(2) of the 
                                Community Services Block Grant Act (42 
                                U.S.C. 9902(2)) applicable to a family 
                                of the size involved for the most 
                                recent fiscal year for which 
                                satisfactory data are available, 
                                compared to the number of such 
                                individuals who reside in all such 
                                States for that fiscal year.
                            ``(ii) Exception.--No State receiving an 
                        allotment under clause (i) may receive less 
                        than \1/2\ of 1 percent of the total excess 
                        amount allotted under clause (i).
            ``(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot such amount to the remaining States in 
        accordance with this subsection.

``SEC. 2012. WITHIN-STATE ALLOCATIONS.

    ``(a) Use of Funds.--Each State receiving a grant under this 
subpart shall use the funds provided under the grant in accordance with 
this section to carry out activities for the improvement of teaching 
and learning.
    ``(b) Required and Authorized Expenditures.--
            ``(1) Required expenditures.--The Secretary may make a 
        grant to a State under this subpart only if the State agrees to 
        expend at least 95 percent of the amount of the funds provided 
        under the grant for the purpose of making, in accordance with 
        this part, subgrants to local educational agencies under 
        subpart 3 and subgrants to eligible partnerships under subpart 
        2.
            ``(2) Authorized expenditures.--A State that receives a 
        grant under this subpart may expend not more than 5 percent of 
        the amount of the funds provided under the grant for one or 
        more of the authorized State activities described in subsection 
        (d) (of which percent, the State may use up to 5 percent for 
        planning and administration related to carrying out such 
        activities and making subgrants to local educational agencies 
        under subpart 3).
    ``(c) Distribution of Subgrants.--
            ``(1) Formula for 80 percent of funds.--
                    ``(A) In general.--A State receiving a grant under 
                this subpart shall distribute 80 percent of the amount 
                described in subsection (b)(1) through a formula under 
                which--
                            ``(i) 50 percent is allocated to local 
                        educational agencies in accordance with the 
                        relative enrollment in public and private 
                        nonprofit elementary and secondary schools 
                        within the boundaries of such agencies; and
                            ``(ii) 50 percent is allocated to local 
                        educational agencies in proportion to the 
                        number of children, aged 5 to 17, who reside 
                        within the geographic area served by such 
                        agency from families with incomes below the 
                        poverty line (as defined by the Office of 
                        Management and Budget and revised annually in 
                        accordance with section 673(2) of the Community 
                        Services Block Grant Act (42 U.S.C. 9902(2))) 
                        applicable to a family of the size involved for 
                        the most recent fiscal year for which 
                        satisfactory data are available, compared to 
                        the number of such individuals who reside in 
                        the geographic areas served by all the local 
                        educational agencies in the State for that 
                        fiscal year.
                    ``(B) Minimum amount.--
                            ``(i) In general.--For any fiscal year for 
                        which a local educational agency would receive 
                        under subparagraph (A) an amount that is less 
                        than the total amount that the agency received 
                        for fiscal year 1999 under--
                                    ``(I) section 2203(1)(B) of this 
                                Act (as in effect on the day before the 
                                date of the enactment of the Teacher 
                                Empowerment Act); and
                                    ``(II) section 307 of the 
                                Department of Education Appropriations 
                                Act, 1999,
                        a State receiving a grant under this subpart 
                        shall ensure that the local educational agency 
                        receives under this paragraph an amount equal 
                        to such total amount.
                            ``(ii) Source of funds.--Notwithstanding 
                        paragraph (2), a State shall use such portion 
                        of the funds described in paragraph (2)(A) as 
                        may be necessary to pay to a local educational 
                        agency the difference between the agency's 
                        allotment under subparagraph (A) and the 
                        allotment to the agency required under clause 
                        (i).
            ``(2) Distribution of 20 percent of funds.--
                    ``(A) Competitive process.--Subject to subparagraph 
                (C), a State receiving a grant under this subpart shall 
                distribute 20 percent of the amount described in 
                subsection (b)(1) (or such portion of such amount as 
                remains after satisfaction of the requirements in 
                subparagraphs (A) and (B)(ii) of paragraph (1)) through 
                a competitive process that results in an equitable 
                distribution by geographic area within the State.
                    ``(B) Participants.--The competitive process under 
                subparagraph (A) shall be open to local educational 
                agencies and eligible partnerships (as defined in 
                section 2021(d)), except that a State shall give 
                priority to local educational agencies that focus on 
                math, science, or reading professional development 
                programs.
                    ``(C) Subgrants to eligible partnerships.--A State 
                receiving a grant under this subpart shall expend at 
                least 3 percent of the amount described in subparagraph 
                (A) for the purpose of making subgrants to eligible 
                partnerships under subpart 2.
    ``(d) Authorized State Activities.--The authorized State activities 
referred to in subsection (b)(2) are the following:
            ``(1) Reforming teacher certification, recertification, or 
        licensure requirements to ensure that--
                    ``(A) teachers have the necessary teaching skills 
                and academic content knowledge in the subject areas in 
                which they are assigned to teach;
                    ``(B) they are aligned with the State's challenging 
                State content standards; and
                    ``(C) teachers have the knowledge and skills 
                necessary to help students meet challenging State 
                student performance standards.
            ``(2) Carrying out programs that--
                    ``(A) include support during the initial teaching 
                experience, such as mentoring programs that--
                            ``(i) provide mentoring to beginning 
                        teachers from veteran teachers with expertise 
                        in the same subject matter that the beginning 
                        teachers will be teaching;
                            ``(ii) provide mentors time for activities 
                        such as coaching, observing, and assisting the 
                        teachers who are mentored; and
                            ``(iii) use standards or assessments for 
                        guiding beginning teachers that are consistent 
                        with the State's student performance standards 
                        and with the requirements for professional 
                        development activities under section 2033.
                    ``(B) establish, expand, or improve alternative 
                routes to State certification of teachers, especially 
                in the areas of mathematics and science, for highly 
                qualified individuals with a baccalaureate degree, 
                including mid-career professionals from other 
                occupations, paraprofessionals, former military 
                personnel, and recent college or university graduates 
                with records of academic distinction who demonstrate 
                the potential to become highly effective teachers.
            ``(3) Developing and implementing effective mechanisms to 
        assist local educational agencies and schools in effectively 
        recruiting and retaining highly qualified and effective 
        teachers and principals.
            ``(4) Reforming tenure systems and implementing teacher 
        testing and other procedures to expeditiously remove 
        incompetent and ineffective teachers from the classroom.

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