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108th CONGRESS
1st Session
H. R. 947
To authorize local educational agencies to prohibit the transfer of
students under section 1116 of the Elementary and Secondary Education
Act of 1965 to schools that are at or above capacity, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2003
Mr. Weiner introduced the following bill; which was referred to the
Committee on Education and the Workforce
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A BILL
To authorize local educational agencies to prohibit the transfer of
students under section 1116 of the Elementary and Secondary Education
Act of 1965 to schools that are at or above capacity, 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 ``School Capacity Relief Act''.
SEC. 2. TRANSFER OF STUDENTS TO SCHOOLS AT OR ABOVE CAPACITY.
(a) In General.--Paragraph (1) of section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended--
(1) in subparagraph (E)(i), by striking ``In the case of a
school'' and inserting ``Subject to clauses (ii) and (iii) of
subparagraph (F), in the case of a school''; and
(2) in subparagraph (F)--
(A) by striking ``(F) Transfer.--Students who use''
and inserting the following:
``(F) Transfer.--
``(i) In general.--Students who use''; and
(B) by adding at the end the following:
``(ii) Transfer to school above capacity.--
Subject to the right of a child who has been
transferred to another school under this
subsection to remain in that school under
paragraph (13), a local educational agency may
prohibit the transfer under subparagraph (E),
paragraph (5)(A), (7)(C)(i), or (8)(A)(i), or
subsection (c)(10)(C)(vii), of any student to a
school served by the agency, if the agency
determines (for purposes of the school year at
issue) that the school is at or above capacity
or that the transfer of an additional student
would increase the average class size of the
school above the average class size prescribed
by the State.
``(iii) No mandatory increase of
capacity.--A local educational agency may not
be required to increase the capacity of any
school served by the agency for the purpose of
transferring any student to that school under
subparagraph (E), paragraph (5)(A), (7)(C)(i),
or (8)(A)(i), or subsection (c)(10)(C)(vii).''.
(b) Cooperative Agreement.--Paragraph (11) of section 1116(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(11)) is amended to read as follows:
``(11) Cooperative agreement.--In any case described in
paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or
subsection (c)(10)(C)(vii), if all public schools served by the
local educational agency to which a child may transfer are
identified for school improvement, corrective action, or
restructuring, or are determined by the agency to be at or
above capacity or otherwise ineligible for a transfer under
paragraph (1)(F)(ii), the agency shall, to the extent
practicable, establish a cooperative agreement with other local
educational agencies in the area for a transfer.''.
SEC. 3. GRANTS FOR INCREASING SCHOOL CAPACITY.
(a) Grants.--Title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the
following:
``PART D--INCREASING SCHOOL CAPACITY
``SEC. 4401. GRANTS.
``(a) Authority.--The Secretary may award grants to eligible local
educational agencies for the purpose of increasing capacity at high-
performance schools.
``(b) Use of Funds.--The Secretary may not make a grant under this
section unless the eligible local educational agency involved agrees
that the agency will use the funds received under the grant only for
measures to increase the capacity of high-performance schools served by
that agency. Such measures may include renovating or constructing
facilities at the high-performance school involved, hiring teachers to
teach at such school, or purchasing instructional materials for use at
such school.
``(c) Application.--To seek a grant under this section, an eligible
local educational agency shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
``SEC. 4402. DEFINITIONS.
``For purposes of this part:
``(1) The term `eligible local educational agency' means a
local educational agency with a high percentage or number of
students at schools identified for school improvement,
corrective action, or restructuring under section 1116(b).
``(2) The term `high-performance school' means a school
that is not identified for school improvement, corrective
action, or restructuring under section 1116(b).
``SEC. 4403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2004 through
2007.''.
(b) Conforming Amendment.--The table of contents at section 2 of
the Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 4304 the following:
``Part D--Increasing School Capacity
``Sec. 4401. Grants.
``Sec. 4402. Definitions.
``Sec. 4403. Authorization of appropriations.''.
SEC. 4. ESTABLISHMENT OF LIMITS ON DURATION OR DISTANCE OF
TRANSPORTATION PROVIDED TO TRANSFERRING STUDENTS.
Paragraph (9) of section 1116(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(9)) is amended by inserting
before the period the following: ``, unless the agency establishes a
limit on the duration or distance of transportation to be provided or
paid for under this paragraph and determines that transporting the
student would exceed such limit.''.
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