I 

111TH CONGRESS 

1ST SESSION H. R. 1758 

To provide for the establishment of a commission to stimulate and engage 

in an informed, national, and public dialogue about how to ensure that 

each student in the United States receives an equitable education that 

enables the student to achieve his or her maximum academic potential. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Mr. HONDA (for himself, Ms. HIRONO, Mr. GRIJALVA, Mr. FATTAH, Mr. 

CLEAVER, and Mr. SPACE) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To provide for the establishment of a commission to stimulate and engage in an informed, national, and public 

dialogue about how to ensure that each student in the 

United States receives an equitable education that enables the student to achieve his or her maximum academic potential. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The Educational Op5 portunity and Equity Commission Act of 2009’’. 


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1 SEC. 2. FINDINGS; SENSE OF THE CONGRESS. 

2 (a) FINDINGS.—The Congress finds the following: 

3 (1) There are vast disparities in the educations 

4 provided by schools throughout the United States. 

5 (2) The educational disparities are reinforced 

6 by funding disparities, such as the following: 

7 (A) The school district in the United 

8 States with the greatest spending per student 

9 spends 9.12 times more per student annually 

10 than the United States school district with the 

11 least spending per student. 

12 (B) The school district in California with 

13 the greatest spending per student spends 4.24 

14 times more per student annually than the Cali15 fornia school district with the least spending 

16 per student. 

17 (3) The schools of the United States do not 

18 meet the educational needs of all students, despite 

19 the wealth of the Nation. 

20 (b) SENSE OF THE CONGRESS.—It is the sense of 

21 the Congress that the people of the United States should 

22 engage in an informed, national, and public dialogue on 

23 how to ensure that each student in the United States re24 ceives an equitable education that enables the student to 

25 achieve his or her maximum educational potential. 


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1 SEC. 3. ESTABLISHMENT OF COMMISSION. 

2 There shall be established a commission to be known 

3 as the ‘‘Educational Opportunity and Equity Commis4 sion’’ (in this Act referred to as the ‘‘Commission’’). 

5 SEC. 4. DUTIES OF COMMISSION. 

6 The Commission shall study ways to enable each stu7 dent attending a school in the United States to achieve 

8 his or her maximum academic potential, with particular 

9 emphasis on the following: 

10 (1) Ensuring that a school receives adequate re11 sources to meet the educational needs of each stu12 dent in the school. 

13 (2) The methods available, or that need to be 

14 developed, to determine the educational needs of a 

15 student. 

16 (3) Identifying and devising innovative strate17 gies for State and local educational agencies to— 

18 (A) enable each student to achieve his or 

19 her maximum academic potential; and 

20 (B) participate in reforming the methods 

21 by which schools are funded, to achieve edu22 cational equity. 

23 SEC. 5. MEMBERSHIP OF COMMISSION. 

24 (a) NUMBER AND APPOINTMENT.—The Commission 

25 shall be composed of 15 members, as follows: 


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1 (1) The Secretary of Education (in this Act re2 ferred to as the ‘‘Secretary’’). 

3 (2) Fourteen individuals appointed by the Sec4 retary, in collaboration with the President of the Na5 tional Academy of Sciences, in accordance with sub6 section (b). 

7 (b) CRITERIA FOR SELECTION.— 

8 (1) ELIGIBILITY.—Within 90 days after funds 

9 are first appropriated to carry out this Act, the Sec10 retary shall make the appointments provided for in 

11 subsection (a)(2) from among individuals— 

12 (A) who submit an application as the Sec13 retary shall require; and 

14 (B) who are any of the following: 

15 (i) A student. 

16 (ii) A parent or guardian of a student. 

17 (iii) An individual familiar with spe18 cial education. 

19 (iv) An officer of a State educational 

20 agency. 

21 (v) A teacher. 

22 (vi) A principal or school adminis23 trator. 

24 (vii) A school board member 

25 (viii) A businessperson. 


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1 (ix) A college or university professor 

2 of education. 

3 (x) An expert in— 

4 (I) educational equity; 

5 (II) civil rights law; 

6 (III) constitutional law; 

7 (IV) educational policy; 

8 (V) school finance; 

9 (VI) economics; 

10 (VII) taxation; 

11 (VIII) land use or zoning law; or 

12 (IX) any other field the Commis13 sion considers relevant. 

14 (xi) An individual with relevant expe15 rience or knowledge. 

16 (2) DIVERSITY.—In making the appointments, 

17 the Secretary shall ensure that the Commission rep18 resents the geographical, economic, and cultural di19 versity of the United States. 

20 (3) PROHIBITED APPOINTMENTS.—The Sec21 retary may not appoint to the Commission an indi22 vidual who is registered as a lobbyist under section 

23 4 of the Lobbying Disclosure Act of 1995 or any 

24 State law. 


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1 (c) TERMS OF APPOINTED COMMISSION MEMBERS.— 

2 A Commission member appointed under subsection (a)(2) 

3 shall be appointed for the life of the Commission. 

4 (d) VACANCIES.— 

5 (1) HOW FILLED.—A vacancy in the Commis6 sion shall be filled in the manner in which the origi7 nal appointment was made. 

8 (2) LENGTH OF SERVICE.—A Commission 

9 member appointed to fill a vacancy in the Commis10 sion occurring before the end of the term for which 

11 the predecessor of the member was appointed shall 

12 be appointed only for the remainder of the term. 

13 (e) COMPENSATION.— 

14 (1) BASIC PAY.—For each day, including travel 

15 time, a Commission member is engaged in the per16 formance of Commission duties, the member shall be 

17 entitled to the daily equivalent of the annual rate of 

18 basic pay for level IV of the Executive Schedule, 

19 subject to section 11(b)(1). 

20 (2) PROHIBITION OF COMPENSATION OF FED21 ERAL EMPLOYEES.—The Secretary, an officer or 

22 employee of the Federal Government, or a Member 

23 of Congress may not receive additional pay, allow24 ances, or benefits by reason of service on the Com25 mission. 


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1 (f) TRAVEL EXPENSES.—A Commission member may 

2 receive travel expenses, including per diem in lieu of sub3 sistence, in accordance with applicable provisions under 

4 subchapter I of chapter 57 of title 5, United States Code. 

5 (g) CHAIRPERSON.—Within 15 days after all initial 

6 appointments to the Commission have been made, the Sec7 retary shall designate 1 Commission member as the chair8 person (in this Act referred to as the ‘‘chairperson’’) of 

9 the Commission. 

10 (h) TAKING ACTION.—The Commission may take ac11 tion at a meeting only by a majority vote of the Commis12 sion members present at the meeting. 

13 (i) RULES OF PROCEDURE.—Within 15 days after 

14 the designation of the chairperson, the Commission shall 

15 adopt rules of procedure. 

16 SEC. 6. COMMISSION OPERATIONS. 

17 (a) EXECUTIVE DIRECTOR; STAFF.— 

18 (1) APPOINTMENT OF EXECUTIVE DIRECTOR.— 

19 The chairperson shall appoint an Executive Director 

20 of the Commission. 

21 (2) HIRING OF STAFF.—The Commission may 

22 hire additional personnel as the Commission con23 siders appropriate. 


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1 (b) COMPENSATION OF EXECUTIVE DIRECTOR AND

2 STAFF.—Subject to section 11(b)(1), the Commission 

3 shall pay— 

4 (1) the Executive Director at the annual rate of 

5 basic pay for level III of the Executive Schedule; and 

6 (2) an individual hired under subsection (a)(2) 

7 at a rate that may not exceed the daily equivalent 

8 of the annual rate of basic pay for grade GS–14 of 

9 the General Schedule. 

10 (c) EXPERTS AND CONSULTANTS.—Subject to rules 

11 prescribed by the Commission, the Executive Director may 

12 procure temporary and intermittent services in the same 

13 manner as an agency under section 3109(b) of title 5, 

14 United States Code. 

15 (d) STAFF OF FEDERAL AGENCIES.—On request of 

16 the Commission, to assist the Commission in carrying out 

17 the duties of the Commission— 

18 (1) the Secretary may detail to the Commission 

19 not more than 10 personnel of the Department of 

20 Education; 

21 (2) the head of any other Federal department 

22 or agency may detail personnel, services, or facilities 

23 of the department or agency to the Commission, 

24 subject to paragraph (3); and 


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1 (3) a total of not more than 10 personnel may 

2 be detailed to the Commission under paragraph (2). 

3 SEC. 7. POWERS OF COMMISSION. 

4 (a) HEARINGS AND SESSIONS.—To carry out the du5 ties of the Commission— 

6 (1) the Commission shall conduct public hear7 ings, including hearings in which testimony is re8 ceived from experts such as described in section 

9 5(b)(1)(B)(x); and 

10 (2) the Commission may, as the Commission 

11 considers appropriate, sit and act, take testimony, 

12 and receive evidence. 

13 (b) POWERS OF COMMISSION MEMBERS AND

14 AGENTS.—The Commission may authorize any Commis15 sion member or agent of the Commission to take any ac16 tion which the Commission is authorized to take by this 

17 Act. 

18 (c) OBTAINING OFFICIAL DATA.—The Commission 

19 may secure, directly from any department or agency of 

20 the United States, information necessary to enable the 

21 Commission to carry out this Act. On request of the chair22 person, the head of the department or agency shall furnish 

23 the information to the Commission, subject to any applica24 ble limitations of Federal law. 


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1 (d) ADMINISTRATIVE SUPPORT SERVICES.—On re2 quest of the chairperson, the Administrator of General 

3 Services shall provide to the Commission, on a reimburs4 able basis, human resources management, budget, leasing, 

5 accounting, payroll services, and other services necessary 

6 for the Commission to carry out the duties of the Commis7 sion. 

8 (e) CONTRACT AUTHORITY.— 

9 (1) IN GENERAL.—Subject to paragraph (2) of 

10 this subsection and section 11(b)(2), the Commis11 sion may enter into contracts with and compensate 

12 a government or private agency or person for the 

13 conduct of activities necessary for the Commission to 

14 carry out the duties of the Commission. 

15 (2) DURATION.—The Commission may not 

16 enter into a contract if the terms of the contract ex17 tend beyond the date the Commission terminates. 

18 (f) AUTHORITY TO ACCEPT VOLUNTARY SERV19 ICES.— 

20 (1) IN GENERAL.—Notwithstanding section 

21 1342 of title 31, United States Code, the Commis22 sion may accept the service of a volunteer. 

23 (2) REIMBURSEMENT OF VOLUNTEER.—In ac24 cordance with applicable provisions under subchapter 

25 I of chapter 57 of title 5, United States Code, the 


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1 Commission may reimburse a volunteer for expenses 

2 for office supplies and local travel, and for travel ex3 penses, including per diem in lieu of subsistence, in4 curred in performing services for the Commission. 

5 (3) VOLUNTEER DEEMED A FEDERAL EM6 PLOYEE.—While performing services for the Com7 mission, a volunteer is deemed an employee of the 

8 Federal Government for the purposes of the fol9 lowing: 

10 (A) Chapter 81 of title 5, United States 

11 Code, relating to compensation for work-related 

12 injuries. 

13 (B) Chapter 11 of title 18, United States 

14 Code, relating to conflicts of interest. 

15 (C) Chapter 171 of title 28, United States 

16 Code, relating to tort claims. 

17 (g) MAILS.—The Commission may use the United 

18 States mails in the same manner and under the same con19 ditions as other departments and agencies of the United 

20 States. 

21 SEC. 8. PUBLIC ENGAGEMENT AND COMMUNITY OUT22 REACH PROGRAMS. 

23 (a) IN GENERAL.—Within 180 days after the ap24 pointment of the chairperson, the Commission shall com25 mence outreach programs with communities throughout 


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1 the United States, to engage the communities in a public 

2 dialogue on how to ensure that the schools in the commu3 nities enable each student in the United States to achieve 

4 his or her maximum academic potential. 

5 (b) METHODS.—The outreach programs shall, to the 

6 maximum extent possible, include the following: 

7 (1) Meetings. 

8 (2) Surveys. 

9 (3) Telephone polls. 

10 (4) Conference calls. 

11 (5) Internet messaging and forums. 

12 (6) Electronic mail. 

13 (c) REQUIREMENTS.— 

14 (1) SELECTION OF COMMUNITIES.—In selecting 

15 communities in which to conduct an outreach pro16 gram, the Commission shall ensure that the outreach 

17 programs represent, to the maximum extent pos18 sible, the geographic diversity of the United States 

19 and the economic and cultural diversity of the popu20 lations of the communities. 

21 (2) PUBLIC EVENTS.—Any event the Commis22 sion conducts as part of an outreach program shall 

23 be open to the public. 

24 (3) CONDUCT OF OUTREACH PROGRAMS.—In 

25 conducting an outreach program: 


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1 (A) CHAIR.—The chairperson shall des2 ignate 1 Commission member to serve as the 

3 chair of an event that is part of the program. 

4 (B) ISSUES.—The chair shall endeavour to 

5 have the attendees address the following issues: 

6 (i) The benefits to the United States 

7 of investing in enabling each student to 

8 achieve his or her maximum academic po9 tential. 

10 (ii) How to ensure that each student 

11 achieves his or her maximum academic po12 tential. 

13 (iii) How to establish educational eq14 uity for all students. 

15 (iv) How to determine the educational 

16 needs of a student. 

17 (v) How to evaluate the effectiveness 

18 of a school in meeting the educational 

19 needs of a student at the school. 

20 (vi) The methods by which schools 

21 should be funded. 

22 (C) PARTICIPATION.—The Commission 

23 shall encourage broad participation in the pro24 gram by any reasonable means the Commission 

25 considers appropriate. 


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1 SEC. 9. REPORTS AND OTHER PUBLICATIONS OF COMMIS2 SION. 

3 (a) QUARTERLY REPORTS.— 

4 (1) IN GENERAL.—Every 90 days after the des5 ignation of the chairperson, the Commission shall 

6 prepare a report detailing the expenditures and ac7 tivities of the Commission. 

8 (2) SUBMISSION.—The Commission shall sub9 mit each such report to each entity referred to in 

10 subsection (b)(4)(A) and make the report widely 

11 available. 

12 (b) FINAL REPORT.— 

13 (1) CONTENT.—The final report of the Com14 mission shall include the following: 

15 (A) DISCHARGE DUTIES OF COMMIS16 SION.—The findings and conclusions of the 

17 Commission on the matters described in section 

18 4. 

19 (B) BASIS OF CONCLUSIONS.—The basis of 

20 the findings and conclusions, including the re21 sults of hearings conducted under section 7(a) 

22 and the outreach programs conducted under 

23 section 8. 

24 (C) OTHER TOPICS TO BE ADDRESSED.— 

25 A summary of the following: 


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1 (i) The role the Federal, State, and 

2 local governments should have in estab3 lishing sufficient funding to ensure that 

4 each student receives an equitable edu5 cation that enables the student to achieve 

6 his or her maximum academic potential. 

7 (ii) The unmet educational needs of 

8 students, and the benefits of providing the 

9 necessary support to enable schools meet 

10 their needs. 

11 (iii) Recommendations on how to as12 sess the educational needs of a student, the 

13 types of assessments available, and how to 

14 develop additional assessments to enable 

15 educators to better understand the edu16 cational needs of a student. 

17 (iv) Information concerning the cost 

18 of education in different settings, with con19 sideration of variations in geography, 

20 needs of student populations, and con21 centrations of student populations. 

22 (v) The methods by which schools are 

23 and should be funded. 

24 (2) PUBLICATION OF DRAFT REPORT.—Within 

25 480 days after the designation of the chairperson, 


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1 the Commission shall publish a draft of the final re2 port. 

3 (3) PUBLIC COMMENT PERIOD.—During the 

4 45-day period beginning with the date the draft re5 port is published, the Commission shall solicit and 

6 receive comments from the public on the draft re7 port. 

8 (4) ISSUANCE OF FINAL REPORT.— 

9 (A) IN GENERAL.—Within 165 days after 

10 publishing the draft report, and after taking 

11 into account any comments received under 

12 paragraph (3), the Commission shall submit the 

13 final report to— 

14 (i) the Committees on Finance, on 

15 Health, Education, Labor, and Pensions, 

16 and on Appropriations of the Senate; 

17 (ii) the Committees on Ways and 

18 Means, on Education and Labor, and on 

19 Appropriations of the House of Represent20 atives; 

21 (iii) the President of the National 

22 Academy of Sciences; and 

23 (iv) the President of the United 

24 States. 


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1 (B) APPROVALS REQUIRED; INCLUSION OF

2 MINORITY VIEWS.— 

3 (i) APPROVALS REQUIRED.—The 

4 Commission may not issue the final report 

5 without the approval of at least 10 Com6 mission members. 

7 (ii) INCLUSION OF MINORITY

8 VIEWS.—The Commission may include a 

9 minority view in the final report. 

10 (5) CONGRESSIONAL HEARINGS.—It is the 

11 sense of the Congress that the Committees specified 

12 in paragraph (4)(A) should hold hearings on the in13 formation in the final report. 

14 (c) FORMAT OF PUBLICATIONS; TIMING; ACCESSI15 BILITY.— 

16 (1) FORMAT OF PUBLICATIONS.—The Commis17 sion shall cause to have published all reports pre18 pared under this section, minutes of all Commission 

19 meetings, and transcripts of all Commission hear20 ings, in a format that is understandable to the pub21 lic. 

22 (2) TIMING.—The Commission shall cause to 

23 have published the information described in para24 graph (1)— 


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1 (A) on the Internet website of the Depart2 ment of Education, within 15 days after prepa3 ration of the information; and 

4 (B) in print, within 60 days after prepara5 tion of the information. 

6 (3) ACCESSIBILITY.—The Secretary shall main7 tain, on the Internet website of the Department of 

8 Education, the information published under para9 graph (1), in a matter that is accessible to the pub10 lic. 

11 SEC. 10. TERMINATION OF COMMISSION. 

12 The Commission shall terminate 45 days after 

13 issuing the final report under section 9(b)(4). 

14 SEC. 11. LIMITATIONS ON AUTHORIZATION OF APPROPRIA15 TIONS. 

16 (a) LIMITATIONS ON AUTHORIZATION OF APPRO17 PRIATIONS.—There are authorized to be appropriated to 

18 carry out this Act, other than section 9(b), not more than 

19 $10,000,000, to remain available until expended. 

20 (b) LIMITATIONS ON USE OF FUNDS.—To the extent 

21 or in the amounts provided in advance in appropriation 

22 Acts, the Commission may do the following: 

23 (1) Pay compensation under sections 5(e)(1) 

24 and 6(b). 


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1 (2) Enter into contracts with and compensate a 

2 government or private agency or person for the con3 duct of activities, under section 7(e). 

4 SEC. 12. FEDERAL ADVISORY COMMITTEE ACT NOT TO 

5 APPLY. 

6 The Federal Advisory Committee Act (5 U.S.C. App.) 

7 shall not apply to the Commission. 

8 SEC. 13. DEFINITIONS. 

9 In this Act: 

10 (1) EDUCATION.—The term ‘‘education’’ means 

11 learning occurring in public schools in the United 

12 States from pre-kindergarten through the 12th 

13 grade, including homeschooling. 

14 (2) EDUCATIONAL EQUITY.—The term ‘‘edu15 cational equity’’ means the educational policies, and 

16 practices necessary to— 

17 (A) meet the educational requirements of 

18 each student, regardless of his or her socio19 economic status, national origin, gender, or the 

20 location of his or her school; 

21 (B) foster the maximum development of 

22 the potential of each student; and 

23 (C) ensure that each student has the 

24 knowledge and skills needed to participate effec25 tively in community life as a worker, citizen, 


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1 parent, or leader, and as a role model for future 

2 generations. 

3 (3) EDUCATIONAL NEEDS.—The term ‘‘edu4 cational needs’’ means the academic and develop5 mental requirements for a student to achieve his or 

6 her maximum academic potential, determined after 

7 taking into account the unique abilities and cir8 cumstances of the student. 

Æ 


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