II

106TH CONGRESS

1ST SESSION S. 396

To provide dollars to the classroom.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9, 1999

Mr. HUTCHINSON (for himself, Mr. COVERDELL, Mr. MURKOWSKI, Mr.

DEWINE, Mr. ALLARD, Mr. SESSIONS, Mr. ASHCROFT, Mr. INHOFE, Mr.

THOMAS, Mr. GRAMS, Mr. BUNNING, Mr. BROWNBACK, Mr. HELMS, and

Mr. MCCONNELL) introduced the following bill; which was read twice and

referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To provide dollars to the classroom.

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 ‘‘Dollars to the Class5 room Act’’.

6 SEC. 2. DIRECT AWARDS OF CERTAIN EDUCATION FUNDING

7 TO STATES.

8 (a) DIRECT AWARDS OF CERTAIN EDUCATION

9 FUNDING.—
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1 (1) IN GENERAL.—Notwithstanding any other

2 provision of law, for each fiscal year the Secretary

3 shall award the total amount of funds described in

4 paragraph (2) directly to States in accordance with

5 this subsection.

6 (2) APPLICABLE FUNDING.—The total amount

7 of funds referred to in paragraph (1) are all funds

8 not used to carry out paragraph (6)(B) for the fiscal

9 year that are appropriated for the Department of

10 Education for the fiscal year to carry out programs

11 or activities under the following provisions of law:

12 (A) Title III of the Goals 2000: Educate

13 America Act (20 U.S.C. 5881 et seq.).

14 (B) Title IV of the Goals 2000: Educate

15 America Act (20 U.S.C. 5911 et seq.).

16 (C) Title VI of the Goals 2000: Educate

17 America Act (20 U.S.C. 5951).

18 (D) The Educational Research, Develop19 ment, Disseminations, and Improvement Act of

20 1994 (20 U.S.C. 6001 et seq.).

21 (E) Titles II, III, and IV of the School-to22 Work Opportunities Act of 1994 (20 U.S.C.

23 6121 et seq., 6171 et seq., and 6191 et seq.).
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1 (F) Part B of title I of the Elementary

2 and Secondary Education Act of 1965 (20

3 U.S.C. 6361 et seq.).

4 (G) Section 1502 of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C.

6 6492).

7 (H) Part A of title II of the Elementary

8 and Secondary Education Act of 1965 (20

9 U.S.C. 6621 et seq.).

10 (I) Part B of title II of the Elementary

11 and Secondary Education Act of 1965 (20

12 U.S.C. 6641 et seq.).

13 (J) Title III of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 6801

15 et seq.) (other than section 3132 of such title).

16 (K) Section 3132 of the Elementary and

17 Secondary Education Act of 1965 (20 U.S.C.

18 6842 et seq.).

19 (L) Subpart 1 of part A of title IV of the

20 Elementary and Secondary Education Act of

21 1965 (20 U.S.C. 7111 et seq.).

22 (M) Subpart 2 of part A of title IV of the

23 Elementary and Secondary Education Act of

24 1965 (20 U.S.C. 7131 et seq.).
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1 (N) Part A of title V of the Elementary

2 and Secondary Education Act of 1965 (20

3 U.S.C. 7201 et seq.).

4 (O) Part B of title V of the Elementary

5 and Secondary Education Act of 1965 (20

6 U.S.C. 7231 et seq.).

7 (P) Title VI of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 7311

9 et seq.).

10 (Q) Part B of title IX of the Elementary

11 and Secondary Education Act of 1965 (20

12 U.S.C. 7901 et seq.).

13 (R) Part C of title IX of the Elementary

14 and Secondary Education Act of 1965 (20

15 U.S.C. 7931 et seq.).

16 (S) Part A of title X of the Elementary

17 and Secondary Education Act of 1965 (20

18 U.S.C. 8001 et seq.).

19 (T) Part B of title X of the Elementary

20 and Secondary Education Act of 1965 (20

21 U.S.C. 8031 et seq.).

22 (U) Part D of title X of the Elementary

23 and Secondary Education Act of 1965 (20

24 U.S.C. 8091 et seq.).
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1 (V) Part F of title X of the Elementary

2 and Secondary Education Act of 1965 (20

3 U.S.C. 8141 et seq.).

4 (W) Part G of title X of the Elementary

5 and Secondary Education Act of 1965 (20

6 U.S.C. 8161 et seq.).

7 (X) Part I of title X of the Elementary

8 and Secondary Education Act of 1965 (20

9 U.S.C. 8241 et seq.).

10 (Y) Part J of title X of the Elementary

11 and Secondary Education Act of 1965 (20

12 U.S.C. 8271 et seq.).

13 (Z) Part K of title X of the Elementary

14 and Secondary Education Act of 1965 (20

15 U.S.C. 8331 et seq.).

16 (AA) Part L of title X of the Elementary

17 and Secondary Education Act of 1965 (20

18 U.S.C. 8351 et seq.).

19 (BB) Part A of title XIII of the Elemen20 tary and Secondary Education Act of 1965 (20

21 U.S.C. 8621 et seq.).

22 (CC) Part C of title XIII of the Elemen23 tary and Secondary Education Act of 1965 (20

24 U.S.C. 8671 et seq.).
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1 (DD) Part B of title VII of the Stewart B.

2 McKinney Homeless Assistance Act (42 U.S.C.

3 11421 et seq.).

4 (3) TIMELINES.—

5 (A) CENSUS DETERMINATION.—

6 (i) IN GENERAL.—Not later than 21

7 days after the beginning of an academic

8 year, each State shall conduct a census to

9 determine the number of kindergarten

10 through grade 12 students in the State for

11 the academic year.

12 (ii) SUBMISSION.—Each State shall

13 submit the number described in clause (i)

14 to the Secretary not later than February 1

15 of the academic year.

16 (B) PUBLICATION.—The Secretary shall

17 publish in the Federal Register not later than

18 March 15 of each fiscal year the amount each

19 State shall receive under this subsection for the

20 succeeding fiscal year.

21 (C) DISBURSAL.—The Secretary shall dis22 burse the amount awarded to a State under

23 this subsection for a fiscal year not later than

24 July 1 of the fiscal year.
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1 (4) DETERMINATION OF AWARD.—From the

2 total amount made available under paragraph (1)

3 and not used to carry out paragraph (6)(B), the

4 Secretary, using the information provided under

5 paragraph (3), shall award to each State an amount

6 that bears the same relation to the total amount as

7 the number of kindergarten through grade 12 stu8 dents in the State for the academic year preceding

9 the fiscal year bears to the total number of all such

10 students in all States for the academic year.

11 (5) PENALTY.—If the Secretary determines

12 that a State has knowingly submitted false informa13 tion under paragraph (3) for the purpose of gaining

14 additional funds under paragraph (1), then the

15 State shall be fined an amount equal to twice the

16 difference between the amount the State received

17 under this subsection, and the correct amount the

18 State would have received if the State had submitted

19 accurate information under paragraph (3).

20 (6) HOLD HARMLESS.—

21 (A) IN GENERAL.—No State shall receive

22 an award under this subsection—

23 (i) for fiscal year 2000 in an amount

24 that is less than the amount the State

25 would have received to carry out programs
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1 or activities under the provisions of law de2 scribed in subparagraphs (A), (F), (I), (J),

3 (L), (P) and (DD) of paragraph (2) for

4 fiscal year 2000;

5 (ii) for fiscal year 2001 in an amount

6 that is less than 95 percent of the mini7 mum amount the State is eligible to receive

8 under clause (i) for fiscal year 2000;

9 (iii) for fiscal year 2002 in an amount

10 that is less than 90 percent of the mini11 mum amount the State is eligible to receive

12 under clause (ii) for fiscal year 2001;

13 (iv) for fiscal year 2003 in an amount

14 that is less than 85 percent of the mini15 mum amount the State is eligible to receive

16 under clause (iii) for fiscal year 2002; and

17 (v) for fiscal year 2004 in an amount

18 that is less than 80 percent of the mini19 mum amount the State is eligible to receive

20 under clause (iv) for fiscal year 2003.

21 (B) MULTIYEAR AWARDS.—The Secretary

22 shall use funds appropriated to carry out the

23 programs or activities under the provisions of

24 law described in paragraph (2) (other than sub25 paragraphs (A), (F), (I), (J), (L), (P) and
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1 (DD) of paragraph (2)) to make payments to

2 eligible recipients under such provisions pursu3 ant to any multiyear award made under such

4 provisions prior to the date of enactment of this

5 Act.

6 (b) PAYMENTS AND AVAILABILITY.—

7 (1) PAYMENTS.—Funds awarded to a State

8 under this subsection shall be paid to the Governor

9 of the State.

10 (2) AVAILABILITY.—The Governor of the State

11 shall make the funds provided under this subsection

12 available to the individual or entity in the State that

13 is responsible for the State administration of Fed14 eral education funds pursuant to State law.

15 (c) USE OF STATE AWARDS.—

16 (1) IN GENERAL.—From the amount made

17 available to a State under subsection (a) for a fiscal

18 year, the State—

19 (A) shall use not more than 5 percent of

20 the amount to support programs or activities,

21 for kindergarten through grade 12 students,

22 that the State determines appropriate, of which

23 the State shall distribute 20 percent of the 5

24 percent to local educational agencies in the

25 State to pay the administrative expenses of the
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1 local educational agencies that are associated

2 with the activities and services assisted under

3 this section; and

4 (B) shall distribute not less than 95 per5 cent of the amount to local educational agencies

6 in the State for the fiscal year to enable the

7 local educational agencies to pay the costs of

8 activities or services, for kindergarten through

9 grade 12 students, that—

10 (i) the local educational agencies de11 termine appropriate; and

12 (ii) are provided in the classroom.

13 (2) CLASSROOM ACTIVITIES AND SERVICES.—

14 For the purpose of paragraph (1)(B), the costs of

15 activities and services provided in the classroom—

16 (A) exclude the administrative expenses as17 sociated with the activities and services; and

18 (B) subject to paragraph (1)(B)(i), include

19 nonadministrative expenses associated with

20 statewide or districtwide initiatives directly af21 fecting classroom learning.

22 (d) REGULATIONS.—

23 (1) IN GENERAL.—No head of a Federal de24 partment or agency other than the Secretary may

25 promulgate regulations under this section.
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1 (2) CLASSROOM ACTIVITIES AND SERVICES.—

2 The Secretary of Education shall not issue any regu3 lation regarding the type of classroom activities or

4 services that may be assisted under this section.

5 (e) REPORT.—Each Governor of a State receiving as6 sistance under this section shall prepare and submit, not

7 later than 60 days after the date of enactment of this Act,

8 to the Committee on Labor and Human Resources of the

9 Senate and the Committee on Education and the Work10 force of the House of Representatives, a report that de11 scribes the classroom activities and services provided in

12 the State under this section.

13 SEC. 3. TITLE I FUNDING.

14 Section 1603 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 6513) is amended by add16 ing at the end the following:

17 ‘‘(d) DOLLARS TO THE CLASSROOM.—

18 ‘‘(1) IN GENERAL.—Notwithstanding any other

19 provision of law, from the funds made available to

20 a local educational agency under this part for a fis21 cal year, not less than 95 percent of the funds shall

22 be used for the costs of activities and services that—

23 ‘‘(A) the local educational agency deems

24 appropriate; and

25 ‘‘(B) are provided in the classroom.
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1 ‘‘(2) CLASSROOM ACTIVITIES AND SERVICES.—

2 For the purpose of paragraph (1), the costs of ac3 tivities and services provided in the classroom—

4 ‘‘(A) exclude the administrative expenses

5 associated with the activities and services; and

6 ‘‘(B) subject to paragraph (1)(A), include

7 nonadministrative expenses associated with

8 statewide or districtwide initiatives directly af9 fecting classroom learning.

10 ‘‘(3) PLAN.—Not later than 6 months after the

11 date of enactment of the Dollars to the Classroom

12 Act, the Secretary shall—

13 ‘‘(A) develop and implement a plan for

14 streamlining regulations and eliminating bu15 reaucracy so that 95 percent of the funds made

16 available to local educational agencies under

17 this part are used for the costs of activities and

18 services provided in the classroom; and

19 ‘‘(B) prepare and submit to Congress rec20 ommended legislation containing changes to

21 Federal law that are needed for 95 percent of

22 the funds to be so used.’’.
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1 SEC. 4. PARTICIPATION OF CHILDREN ENROLLED IN PRI2 VATE AND HOME SCHOOLS.

3 Each local educational agency that receives funds

4 under section 2 shall provide for the participation of chil5 dren enrolled in private and home schools in the activities

6 and services assisted under such section in the same man7 ner as private school children participate in activities and

8 services under the Elementary and Secondary Education

9 Act of 1965 (20 U.S.C. 6301 et seq.) pursuant to sections

10 14503, 14504, 14505, and 14506 of such Act (20 U.S.C.

11 8893, 8894, 8895, and 8896).

12 SEC. 5. DEFINITIONS.

13 In this Act—

14 (1) the term ‘‘local educational agency’’ has the

15 meaning given the term in section 14101 of the Ele16 mentary and Secondary Education Act of 1965 (20

17 U.S.C. 8801);

18 (2) the term ‘‘Secretary’’ means the Secretary

19 of Education; and

20 (3) the term ‘‘State’’ means each of the several

21 States of the United States, the District of Colum22 bia, the Commonwealth of Puerto Rico, Guam,

23 American Samoa, the Commonwealth of the North24 ern Mariana Islands, and the United States Virgin

25 Islands.

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