II

106TH CONGRESS

1ST SESSION S. 7

To modernize public schools for the 21st century.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. DASCHLE (for himself, Mr. KENNEDY, Mrs. MURRAY, Mr. SARBANES, Mr.

ROBB, Mrs. FEINSTEIN, Mr. BRYAN, Mr. TORRICELLI, Mr. LEVIN, Mr.

DODD, Mr. HARKIN, Mr. ROCKEFELLER, Mr. CLELAND, Mr.

WELLSTONE, Mr. SCHUMER, Mr. EDWARDS, Mr. REID, Mrs. BOXER, Mr.

DURBIN, Mr. BREAUX, Ms. MIKULSKI, Mr. KERRY, Mr. JOHNSON, Mr.

BAUCUS, and Mr. LAUTENBERG) introduced the following bill; which was

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

and Pensions

A BILL

To modernize public schools for the 21st century.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Public Schools Excellence Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.
2

•S 7 IS

TITLE I—HELPING COMMUNITIES MODERNIZE SCHOOL

FACILITIES

Sec. 101. Findings.

Sec. 102. Expansion of incentives for public schools.

Sec. 103. Sense of the Senate regarding funding for BIA school facilities.

TITLE II—CLASS SIZE REDUCTION

Sec. 201. Class size reduction.

TITLE III—TEACHER EXCELLENCE

Sec. 301. Short title.

Sec. 302. Findings.

Sec. 303. Definitions.

PART A—CHALLENGING STATES TO ENSURE THAT EVERY CHILD IS

TAUGHT BY A QUALIFIED TEACHER

Sec. 311. Purposes.

Sec. 312. Authorization of appropriations; reservation.

Sec. 313. Grants to States.

Sec. 314. Attracting new teachers programs.

Sec. 315. Local teacher quality improvement grants.

Sec. 316. Supplement not supplant.

PART B—IMPROVING TEACHER PREPARATION

Sec. 321. Sense of the Senate.

PART C—IMPROVING TEACHER TECHNOLOGY TRAINING

Sec. 331. Improving teacher technology training.

TITLE IV—STRENGTHENING AFTER-SCHOOL PROGRAMS

PART A—SCHOOL-AGED CHILD CARE

Sec. 411. Definitions.

Sec. 412. Authorization of appropriations.

Sec. 413. State plan.

Sec. 414. School-age child care and development services.

Sec. 415. Conforming amendments.

PART B—STRENGTHENING THE 21ST CENTURY COMMUNITY LEARNING

CENTERS ACT

Sec. 421. Program authorization.

Sec. 422. Applications.

Sec. 423. Uses of funds.

Sec. 424. Continuation awards under current statute.

Sec. 425. Authorization of appropriations.

Sec. 426. Effective date.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:
3

•S 7 IS

1 (1) Our Nation’s investment in a high quality

2 public education system is necessary not only for the

3 future of our children and our families, but also for

4 the future of America. A well-educated citizenry and

5 workforce are essential to compete in the global

6 economy and maintain a strong democracy. In order

7 to promote prosperity and ensure individual oppor8 tunity, America must make education a national pri9 ority.

10 (2) Strong leadership in education is needed

11 more than ever. Schools are facing the challenge of

12 educating more highly skilled workers to meet the

13 demands of a modern economy. The Bureau of

14 Labor Statistics estimates that 60 percent of all jobs

15 created at the turn of the 21st century will require

16 more than a high school education.

17 (3) Record numbers of students are enrolled in

18 our Nation’s elementary and secondary schools and

19 we can expect to break that record every year from

20 1998 through 2007. The record numbers are strain21 ing many school facilities. Addressing that growth

22 will require an increasing commitment of resources

23 to build and modernize schools, and to hire and

24 train new teachers. In addition, the increasing use of

25 technology in the workplace is creating new demands
4

•S 7 IS

1 to incorporate computers and other high-technology

2 equipment into the classroom starting in elementary

3 schools.

4 (4) Too many students are learning in out-of5 date and overcrowded school buildings. Government

6 Accounting Office reports indicate that 14,000,000

7 children in a third of the Nation’s schools are learn8 ing in substandard classrooms. There is clear evi9 dence that the quality of school facilities affects stu10 dent achievement levels. In addition, new classrooms

11 will be needed to accommodate smaller class sizes,

12 and improvements in wiring are needed to accommo13 date high-technology equipment.

14 (5) Across the Nation, schools will need to re15 cruit and hire an additional 2,000,000 teachers dur16 ing the period from 1998 through 2008. More than

17 200,000 teachers will be needed annually. Current

18 teacher development programs produce 100,000 to

19 150,000 teachers per year.

20 (6) Rigorous research shows that students in

21 smaller classes in the early grades make more rapid

22 educational progress than students in larger classes.

23 The progress is most likely to occur if classes are

24 taught by qualified, well-trained teachers.
5

•S 7 IS

1 (7) Young people aged 12 through 17 are most

2 at risk of committing violent acts and being the vic3 tims of violent acts between 3 p.m. and 8 p.m. Chil4 dren who attend quality after-school programs are

5 less likely to engage in delinquent behavior and have

6 better grades and emotional development than their

7 counterparts who are left unsupervised after school.

8 In 1993, only 33 percent of schools in low-income

9 neighborhoods offered before- and after-school pro10 grams and only 50 percent of schools in affluent

11 neighborhoods offered such programs.

12 (8) Higher levels of academic achievement will

13 be required to equip American students for the

14 workplace of the 21st century. Employers will de15 mand increasingly sophisticated levels of literacy,

16 communication, mathematical, and technical skills.

17 Sixty percent of all jobs will require computer skills.

18 Additional resources will be needed for effective pro19 grams, such as the School Technology Resource

20 Grants Program and the National Challenge Grants

21 for Technology in Education Program, and addi22 tional emphasis needs to be placed on training teach23 ers to use technology effectively in the classroom.

24 (9) Some communities are improving student

25 achievement levels by adopting high standards for
6

•S 7 IS

1 teachers and students, abolishing social promotion,

2 and taking other steps to improve the quality of edu3 cation. Some of this can be done by implementing

4 high standards, restructuring existing budgets, and

5 reordering priorities. But some communities, par6 ticularly those serving a high number of low-income

7 students, do not have the same resources as higher

8 income communities. Despite efforts in many States

9 to supplement funding in poor school districts, the

10 General Accounting Office found that wealthier

11 school districts in 37 States had more total funding

12 than poor school districts in the 1991–1992 school

13 year. On average, wealthy school districts had about

14 24 percent more total funding per weighted pupil

15 than poor school districts. It is in the national inter16 est that children from low-income families be pro17 vided with opportunities to achieve to the best of

18 their ability in order to become productive, contrib19 uting members of society. Additional Federal re20 sources should be committed to implement effective

21 reforms and improve the quality of education in low22 income rural and inner-city schools.

23 (10) Coordinated national actions to lower class

24 size, raise student and teacher standards, and re25 build school facilities are also needed to help address
7

•S 7 IS

1 high school and college dropout rates, which have in2 volved over 500,000 students each year in high

3 school and 28 percent of college freshmen, of whom

4 a disproportionate number are Hispanic Americans.

5 (11) Meeting the challenges of the 21st century

6 will require the involvement of all Americans, includ7 ing public officials, educators, parents, business and

8 community leaders, and students. Encouraging ac9 tive community participation is essential for the suc10 cess of students in the 21st century.

11 TITLE I—HELPING COMMU12 NITIES MODERNIZE SCHOOL

13 FACILITIES

14 SEC. 101. FINDINGS.

15 Congress makes the following findings:

16 (1) The General Accounting Office has per17 formed a comprehensive survey of the Nation’s pub18 lic elementary and secondary school facilities and

19 has found severe levels of disrepair in all areas of

20 the United States.

21 (2) The General Accounting Office has con22 cluded that more than 14,000,000 children attend

23 schools in need of extensive repair or replacement,

24 7,000,000 children attend schools with life threaten-
8

•S 7 IS

1 ing safety code violations, and 12,000,000 children

2 attend schools with leaky roofs.

3 (3) The General Accounting Office has found

4 the problem of crumbling schools transcends demo5 graphic and geographic boundaries. At 38 percent of

6 urban schools, 30 percent of rural schools, and 29

7 percent of suburban schools, at least one building is

8 in need of extensive repair or should be completely

9 replaced.

10 (4) The condition of school facilities has a di11 rect effect on the safety of students and teachers

12 and on the ability of students to learn. Academic re13 search has provided a direct correlation between the

14 condition of school facilities and student achieve15 ment. At Georgetown University, researchers have

16 found the test scores of students assigned to schools

17 in poor condition can be expected to fall 10.9 per18 centage points below the test scores of students in

19 buildings in excellent condition. Similar studies have

20 demonstrated up to a 20 percent improvement in

21 test scores when students were moved from a poor

22 facility to a new facility.

23 (5) The General Accounting Office has found

24 most schools are not prepared to incorporate modern

25 technology in the classroom. Forty-six percent of
9

•S 7 IS

1 schools lack adequate electrical wiring to support the

2 full-scale use of technology. More than a third of

3 schools lack the requisite electrical power. Fifty-six

4 percent of schools have insufficient phone lines for

5 modems.

6 (6) The Department of Education has reported

7 that elementary and secondary school enrollment, al8 ready at a record high level, will continue to grow

9 over the next 10 years, and that in order to accom10 modate this growth, the United States will need to

11 build an additional 6,000 schools.

12 (7) The General Accounting Office has deter13 mined the cost of bringing schools up to good, over14 all condition to be $112,000,000,000, not including

15 the cost of modernizing schools to accommodate

16 technology, or the cost of building additional facili17 ties needed to meet record enrollment levels.

18 (8) Schools run by the Bureau of Indian Affairs

19 (BIA) for Native American children are also in dire

20 need of repair and renovation. The General Account21 ing Office has reported that the cost of total inven22 tory repairs needed for BIA facilities is

23 $754,000,000. The December 1997 report by the

24 Comptroller General of the United States states

25 that, ‘‘Compared with other schools nationally, BIA
10

•S 7 IS

1 schools are generally in poorer physical condition,

2 have more unsatisfactory environmental factors,

3 more often lack key facilities requirements for edu4 cation reform, and are less able to support computer

5 and communications technology.’’.

6 (9) State and local financing mechanisms have

7 proven inadequate to meet the challenges facing to8 day’s aging school facilities. Large numbers of local

9 educational agencies have difficulties securing fi10 nancing for school facility improvement.

11 (10) The Federal Government has provided re12 sources for school construction in the past. For ex13 ample, between 1933 and 1939, the Federal Govern14 ment assisted in 70 percent of all new school con15 struction.

16 (11) The Federal Government can support ele17 mentary and secondary school facilities without

18 interfering in issues of local control, and should help

19 communities leverage additional funds for the im20 provement of elementary and secondary school facili21 ties.

22 SEC. 102. EXPANSION OF INCENTIVES FOR PUBLIC

23 SCHOOLS.

24 (a) IN GENERAL.—Part IV of subchapter U of chap25 ter 1 of the Internal Revenue Code of 1986 (relating to
11

•S 7 IS

1 incentives for education zones) is amended to read as fol2 lows:

3 ‘‘PART IV—INCENTIVES FOR QUALIFIED PUBLIC

4 SCHOOL MODERNIZATION BONDS

‘‘Sec. 1397E. Credit to holders of qualified public school modernization bonds.

‘‘Sec. 1397F. Qualified zone academy bonds.

‘‘Sec. 1397G. Qualified school construction bonds.

5 ‘‘SEC. 1397E. CREDIT TO HOLDERS OF QUALIFIED PUBLIC

6 SCHOOL MODERNIZATION BONDS.

7 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of a tax8 payer who holds a qualified public school modernization

9 bond on the credit allowance date of such bond which oc10 curs during the taxable year, there shall be allowed as a

11 credit against the tax imposed by this chapter for such

12 taxable year the amount determined under subsection (b).

13 ‘‘(b) AMOUNT OF CREDIT.—

14 ‘‘(1) IN GENERAL.—The amount of the credit

15 determined under this subsection with respect to any

16 qualified public school modernization bond is the

17 amount equal to the product of—

18 ‘‘(A) the credit rate determined by the Sec19 retary under paragraph (2) for the month in

20 which such bond was issued, multiplied by

21 ‘‘(B) the face amount of the bond held by

22 the taxpayer on the credit allowance date.
12

•S 7 IS

1 ‘‘(2) DETERMINATION.—During each calendar

2 month, the Secretary shall determine a credit rate

3 which shall apply to bonds issued during the follow4 ing calendar month. The credit rate for any month

5 is the percentage which the Secretary estimates will

6 on average permit the issuance of qualified public

7 school modernization bonds without discount and

8 without interest cost to the issuer.

9 ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.—

10 ‘‘(1) IN GENERAL.—The credit allowed under

11 subsection (a) for any taxable year shall not exceed

12 the excess of—

13 ‘‘(A) the sum of the regular tax liability

14 (as defined in section 26(b)) plus the tax im15 posed by section 55, over

16 ‘‘(B) the sum of the credits allowable

17 under part IV of subchapter A (other than sub18 part C thereof, relating to refundable credits).

19 ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the

20 credit allowable under subsection (a) exceeds the

21 limitation imposed by paragraph (1) for such taxable

22 year, such excess shall be carried to the succeeding

23 taxable year and added to the credit allowable under

24 subsection (a) for such taxable year.
13

•S 7 IS

1 ‘‘(d) QUALIFIED PUBLIC SCHOOL MODERNIZATION

2 BOND; CREDIT ALLOWANCE DATE.—For purposes of this

3 section—

4 ‘‘(1) QUALIFIED PUBLIC SCHOOL MODERNIZA5 TION BOND.—The term ‘qualified public school mod6 ernization bond’ means—

7 ‘‘(A) a qualified zone academy bond, and

8 ‘‘(B) a qualified school construction bond.

9 ‘‘(2) CREDIT ALLOWANCE DATE.—The term

10 ‘credit allowance date’ means, with respect to any

11 issue, the last day of the 1-year period beginning on

12 the date of issuance of such issue and the last day

13 of each successive 1-year period thereafter.

14 ‘‘(e) OTHER DEFINITIONS.—For purposes of this

15 part—

16 ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The term

17 ‘local educational agency’ has the meaning given to

18 such term by section 14101 of the Elementary and

19 Secondary Education Act of 1965. Such term in20 cludes the local educational agency that serves the

21 District of Columbia but does not include any other

22 State agency.

23 ‘‘(2) BOND.—The term ‘bond’ includes any ob24 ligation.
14

•S 7 IS

1 ‘‘(3) STATE.—The term ‘State’ includes the

2 District of Columbia and any possession of the

3 United States.

4 ‘‘(4) PUBLIC SCHOOL FACILITY.—The term

5 ‘public school facility’ shall not include any stadium

6 or other facility primarily used for athletic contests

7 or exhibitions or other events for which admission is

8 charged to the general public.

9 ‘‘(f) CREDIT INCLUDED IN GROSS INCOME.—Gross

10 income includes the amount of the credit allowed to the

11 taxpayer under this section and the amount so included

12 shall be treated as interest income.

13 ‘‘(g) BONDS HELD BY REGULATED INVESTMENT

14 COMPANIES.—If any qualified public school modernization

15 bond is held by a regulated investment company, the credit

16 determined under subsection (a) shall be allowed to share17 holders of such company under procedures prescribed by

18 the Secretary.

19 ‘‘SEC. 1397F. QUALIFIED ZONE ACADEMY BONDS.

20 ‘‘(a) QUALIFIED ZONE ACADEMY BOND.—For pur21 poses of this part—

22 ‘‘(1) IN GENERAL.—The term ‘qualified zone

23 academy bond’ means any bond issued as part of an

24 issue if—
15

•S 7 IS

1 ‘‘(A) 95 percent or more of the proceeds of

2 such issue are to be used for a qualified pur3 pose with respect to a qualified zone academy

4 established by a local educational agency,

5 ‘‘(B) the bond is issued by a State or local

6 government within the jurisdiction of which

7 such academy is located,

8 ‘‘(C) the issuer—

9 ‘‘(i) designates such bond for purposes

10 of this section,

11 ‘‘(ii) certifies that it has written as12 surances that the private business con13 tribution requirement of paragraph (2) will

14 be met with respect to such academy, and

15 ‘‘(iii) certifies that it has the written

16 approval of the local educational agency

17 for such bond issuance, and

18 ‘‘(D) the term of each bond which is part

19 of such issue does not exceed 15 years.

20 ‘‘(2) PRIVATE BUSINESS CONTRIBUTION RE21 QUIREMENT.—

22 ‘‘(A) IN GENERAL.—For purposes of para23 graph (1), the private business contribution re24 quirement of this paragraph is met with respect

25 to any issue if the local educational agency that
16

•S 7 IS

1 established the qualified zone academy has writ2 ten commitments from private entities to make

3 qualified contributions having a present value

4 (as of the date of issuance of the issue) of not

5 less than 10 percent of the proceeds of the

6 issue.

7 ‘‘(B) QUALIFIED CONTRIBUTIONS.—For

8 purposes of subparagraph (A), the term ‘quali9 fied contribution’ means any contribution (of a

10 type and quality acceptable to the local edu11 cational agency) of—

12 ‘‘(i) equipment for use in the qualified

13 zone academy (including state-of-the-art

14 technology and vocational equipment),

15 ‘‘(ii) technical assistance in developing

16 curriculum or in training teachers in order

17 to promote appropriate market driven tech18 nology in the classroom,

19 ‘‘(iii) services of employees as volun20 teer mentors,

21 ‘‘(iv) internships, field trips, or other

22 educational opportunities outside the acad23 emy for students, or

24 ‘‘(v) any other property or service

25 specified by the local educational agency.
17

•S 7 IS

1 ‘‘(3) QUALIFIED ZONE ACADEMY.—The term

2 ‘qualified zone academy’ means any public school (or

3 academic program within a public school) which is

4 established by and operated under the supervision of

5 a local educational agency to provide education or

6 training below the postsecondary level if—

7 ‘‘(A) such public school or program (as the

8 case may be) is designed in cooperation with

9 business to enhance the academic curriculum,

10 increase graduation and employment rates, and

11 better prepare students for the rigors of college

12 and the increasingly complex workforce,

13 ‘‘(B) students in such public school or pro14 gram (as the case may be) will be subject to the

15 same academic standards and assessments as

16 other students educated by the local educational

17 agency,

18 ‘‘(C) the comprehensive education plan of

19 such public school or program is approved by

20 the local educational agency, and

21 ‘‘(D)(i) such public school is located in an

22 empowerment zone or enterprise community

23 (including any such zone or community des24 ignated after the date of enactment of this sec25 tion), or
18

•S 7 IS

1 ‘‘(ii) there is a reasonable expectation (as

2 of the date of issuance of the bonds) that at

3 least 35 percent of the students attending such

4 school or participating in such program (as the

5 case may be) will be eligible for free or reduced6 cost lunches under the school lunch program es7 tablished under the National School Lunch Act.

8 ‘‘(4) QUALIFIED PURPOSE.—The term ‘quali9 fied purpose’ means, with respect to any qualified

10 zone academy—

11 ‘‘(A) constructing, rehabilitating, or repair12 ing the public school facility in which the acad13 emy is established,

14 ‘‘(B) providing equipment for use at such

15 academy,

16 ‘‘(C) developing course materials for edu17 cation to be provided at such academy, and

18 ‘‘(D) training teachers and other school

19 personnel in such academy.

20 ‘‘(5) TEMPORARY PERIOD EXCEPTION.—A bond

21 shall not be treated as failing to meet the require22 ment of paragraph (1)(A) solely by reason of the

23 fact that the proceeds of the issue of which such

24 bond is a part are invested for a reasonable tem25 porary period (but not more than 36 months) until
19

•S 7 IS

1 such proceeds are needed for the purpose for which

2 such issue was issued. Any earnings on such pro3 ceeds during such period shall be treated as proceeds

4 of the issue for purposes of applying paragraph

5 (1)(A).

6 ‘‘(b) LIMITATIONS ON AMOUNT OF BONDS DES7 IGNATED.—

8 ‘‘(1) IN GENERAL.—There is a national zone

9 academy bond limitation for each calendar year.

10 Such limitation is—

11 ‘‘(A) $400,000,000 for 1999,

12 ‘‘(B) $1,400,000,000 for 2000,

13 ‘‘(C) $1,400,000,000 for 2001, and

14 ‘‘(D) except as provided in paragraph (3),

15 zero after 2001.

16 ‘‘(2) ALLOCATION OF LIMITATION.—

17 ‘‘(A) ALLOCATION AMONG STATES.—

18 ‘‘(i) 1999 LIMITATION.—The national

19 zone academy bond limitation for calendar

20 year 1999 shall be allocated by the Sec21 retary among the States on the basis of

22 their respective populations of individuals

23 below the poverty line (as defined by the

24 Office of Management and Budget).
20

•S 7 IS

1 ‘‘(ii) LIMITATION AFTER 1999.—The

2 national zone academy bond limitation for

3 any calendar year after 1999 shall be allo4 cated by the Secretary among the States in

5 the manner prescribed by section

6 1397G(d); except that, in making the allo7 cation under this clause, the Secretary

8 shall take into account Basic Grants at9 tributable to large local educational agen10 cies (as defined in section 1397G(e)).

11 ‘‘(B) ALLOCATION TO LOCAL EDU12 CATIONAL AGENCIES.—The limitation amount

13 allocated to a State under subparagraph (A)

14 shall be allocated by the State education agency

15 to qualified zone academies within such State.

16 ‘‘(C) DESIGNATION SUBJECT TO LIMITA17 TION AMOUNT.—The maximum aggregate face

18 amount of bonds issued during any calendar

19 year which may be designated under subsection

20 (a) with respect to any qualified zone academy

21 shall not exceed the limitation amount allocated

22 to such academy under subparagraph (B) for

23 such calendar year.

24 ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If

25 for any calendar year—
21

•S 7 IS

1 ‘‘(A) the limitation amount under this sub2 section for any State, exceeds

3 ‘‘(B) the amount of bonds issued during

4 such year which are designated under sub5 section (a) with respect to qualified zone acad6 emies within such State,

7 the limitation amount under this subsection for such

8 State for the following calendar year shall be in9 creased by the amount of such excess. The preceding

10 sentence shall not apply if such following calendar

11 year is after 2003.

12 ‘‘SEC. 1397G. QUALIFIED SCHOOL CONSTRUCTION BONDS.

13 ‘‘(a) QUALIFIED SCHOOL CONSTRUCTION BOND.—

14 For purposes of this part, the term ‘qualified school con15 struction bond’ means any bond issued as part of an issue

16 if—

17 ‘‘(1) 95 percent or more of the proceeds of such

18 issue are to be used for the construction, rehabilita19 tion, or repair of a public school facility,

20 ‘‘(2) the bond is issued by a State or local gov21 ernment within the jurisdiction of which such school

22 is located,

23 ‘‘(3) the issuer designates such bond for pur24 poses of this section, and
22

•S 7 IS

1 ‘‘(4) the term of each bond which is part of

2 such issue does not exceed 15 years.

3 Rules similar to the rules of section 1397F(a)(5) shall

4 apply for purposes of paragraph (1).

5 ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES6 IGNATED.—The maximum aggregate face amount of

7 bonds issued during any calendar year which may be des8 ignated under subsection (a) by any issuer shall not exceed

9 the sum of—

10 ‘‘(1) the limitation amount allocated under sub11 section (d) for such calendar year to such issuer,

12 and

13 ‘‘(2) if such issuer is a large local educational

14 agency (as defined in subsection (e)) or is issuing on

15 behalf of such an agency, the limitation amount allo16 cated under subsection (e) for such calendar year to

17 such agency.

18 ‘‘(c) NATIONAL LIMITATION ON AMOUNT OF BONDS

19 DESIGNATED.—

20 ‘‘(1) IN GENERAL.—There is a national quali21 fied school construction bond limitation for each cal22 endar year equal to the dollar amount specified in

23 paragraph (2) for such year, reduced, in the case of

24 calendar years 2000 and 2001, by 1.5 percent of

25 such amount.
23

•S 7 IS

1 ‘‘(2) DOLLAR AMOUNT SPECIFIED.—The dollar

2 amount specified in this paragraph is—

3 ‘‘(A) $9,700,000,000 for 2000,

4 ‘‘(B) $9,700,000,000 for 2001, and

5 ‘‘(C) except as provided in subsection (f),

6 zero after 2001.

7 ‘‘(d) 65 PERCENT OF LIMITATION ALLOCATED

8 AMONG STATES.—

9 ‘‘(1) IN GENERAL.—Sixty-five percent of the

10 limitation applicable under subsection (c) for any

11 calendar year shall be allocated among the States

12 under paragraph (2) by the Secretary. The limita13 tion amount allocated to a State under the preceding

14 sentence shall be allocated by the State education

15 agency to issuers within such State and such alloca16 tions may be made only if there is an approved State

17 application.

18 ‘‘(2) ALLOCATION FORMULA.—The amount to

19 be allocated under paragraph (1) for any calendar

20 year shall be allocated among the States in propor21 tion to the respective amounts each such State re22 ceived for Basic Grants under subpart 2 of part A

23 of title I of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6331 et seq.) for the

25 most recent fiscal year ending before such calendar
24

•S 7 IS

1 year. For purposes of the preceding sentence, Basic

2 Grants attributable to large local educational agen3 cies (as defined in subsection (e)) shall be dis4 regarded.

5 ‘‘(3) MINIMUM ALLOCATIONS TO STATES.—

6 ‘‘(A) IN GENERAL.—The Secretary shall

7 adjust the allocations under this subsection for

8 any calendar year for each State to the extent

9 necessary to ensure that the sum of—

10 ‘‘(i) the amount allocated to such

11 State under this subsection for such year,

12 and

13 ‘‘(ii) the aggregate amounts allocated

14 under subsection (e) to large local edu15 cational agencies in such State for such

16 year,

17 is not less than an amount equal to such

18 State’s minimum percentage of 65 percent of

19 the national qualified school construction bond

20 limitation under subsection (c) for the calendar

21 year.

22 ‘‘(B) MINIMUM PERCENTAGE.—A State’s

23 minimum percentage for any calendar year is

24 the minimum percentage described in section

25 1124(d) of the Elementary and Secondary Edu-
25

•S 7 IS

1 cation Act of 1965 (20 U.S.C. 6334(d)) for

2 such State for the most recent fiscal year end3 ing before such calendar year.

4 ‘‘(4) ALLOCATIONS TO CERTAIN POSSES5 SIONS.—The amount to be allocated under para6 graph (1) to any possession of the United States

7 other than Puerto Rico shall be the amount which

8 would have been allocated if all allocations under

9 paragraph (1) were made on the basis of respective

10 populations of individuals below the poverty line (as

11 defined by the Office of Management and Budget).

12 In making other allocations, the amount to be allo13 cated under paragraph (1) shall be reduced by the

14 aggregate amount allocated under this paragraph to

15 possessions of the United States.

16 ‘‘(5) APPROVED STATE APPLICATION.—For

17 purposes of paragraph (1), the term ‘approved State

18 application’ means an application which is approved

19 by the Secretary of Education and which includes—

20 ‘‘(A) the results of a recent publicly-avail21 able survey (undertaken by the State with the

22 involvement of local education officials, mem23 bers of the public, and experts in school con24 struction and management) of such State’s
26

•S 7 IS

1 needs for public school facilities, including de2 scriptions of—

3 ‘‘(i) health and safety problems at

4 such facilities,

5 ‘‘(ii) the capacity of public schools in

6 the State to house projected enrollments,

7 and

8 ‘‘(iii) the extent to which the public

9 schools in the State offer the physical in10 frastructure needed to provide a high-qual11 ity education to all students, and

12 ‘‘(B) a description of how the State will al13 locate to local educational agencies, or other14 wise use, its allocation under this subsection to

15 address the needs identified under subpara16 graph (A), including a description of how it

17 will—

18 ‘‘(i) give highest priority to localities

19 with the greatest needs, as demonstrated

20 by inadequate or overcrowded school facili21 ties coupled with a low level of resources to

22 meet those needs,

23 ‘‘(ii) use its allocation under this sub24 section to assist localities that lack the fis25 cal capacity to issue bonds on their own,
27

•S 7 IS

1 including the issuance of bonds by the

2 State on behalf of such localities, and

3 ‘‘(iii) ensure that its allocation under

4 this subsection is used only to supplement,

5 and not supplant, the amount of school

6 construction, rehabilitation, and repair in

7 the State that would have occurred in the

8 absence of such allocation.

9 Any allocation under paragraph (1) by a State edu10 cation agency shall be binding if such agency reason11 ably determined that the allocation was in accord12 ance with the plan approved under this paragraph.

13 ‘‘(e) 35 PERCENT OF LIMITATION ALLOCATED

14 AMONG LARGEST SCHOOL DISTRICTS.—

15 ‘‘(1) IN GENERAL.—Thirty-five percent of the

16 limitation applicable under subsection (c) for any

17 calendar year shall be allocated under paragraph (2)

18 by the Secretary among local educational agencies

19 which are large local educational agencies for such

20 year. No qualified school construction bond may be

21 issued by reason of an allocation to a large local

22 educational agency under the preceding sentence un23 less such agency has an approved local application.

24 ‘‘(2) ALLOCATION FORMULA.—The amount to

25 be allocated under paragraph (1) for any calendar
28

•S 7 IS

1 year shall be allocated among large local educational

2 agencies in proportion to the respective amounts

3 each such agency received for Basic Grants under

4 subpart 2 of part A of title I of the Elementary and

5 Secondary Education Act of 1965 (20 U.S.C. 6331

6 et seq.) for the most recent fiscal year ending before

7 such calendar year.

8 ‘‘(3) LARGE LOCAL EDUCATIONAL AGENCY.—

9 For purposes of this section, the term ‘large local

10 educational agency’ means, with respect to a cal11 endar year, any local educational agency if such

12 agency is—

13 ‘‘(A) among the 100 local educational

14 agencies with the largest numbers of children

15 aged 5 through 17 from families living below

16 the poverty level, as determined by the Sec17 retary using the most recent data available

18 from the Department of Commerce that are

19 satisfactory to the Secretary, or

20 ‘‘(B) 1 of not more than 25 local edu21 cational agencies (other than those described in

22 clause (i)) that the Secretary of Education de23 termines (based on the most recent data avail24 able satisfactory to the Secretary) are in par25 ticular need of assistance, based on a low level
29

•S 7 IS

1 of resources for school construction, a high level

2 of enrollment growth, or such other factors as

3 the Secretary deems appropriate.

4 ‘‘(4) APPROVED LOCAL APPLICATION.—For

5 purposes of paragraph (1), the term ‘approved local

6 application’ means an application which is approved

7 by the Secretary of Education and which includes—

8 ‘‘(A) the results of a recent publicly-avail9 able survey (undertaken by the local educational

10 agency with the involvement of school officials,

11 members of the public, and experts in school

12 construction and management) of such agency’s

13 needs for public school facilities, including de14 scriptions of—

15 ‘‘(i) the overall condition of the local

16 educational agency’s school facilities, in17 cluding health and safety problems,

18 ‘‘(ii) the capacity of the agency’s

19 schools to house projected enrollments, and

20 ‘‘(iii) the extent to which the agency’s

21 schools offer the physical infrastructure

22 needed to provide a high-quality education

23 to all students,

24 ‘‘(B) a description of how the local edu25 cational agency will use its allocation under this
30

•S 7 IS

1 subsection to address the needs identified under

2 subparagraph (A), and

3 ‘‘(C) a description of how the local edu4 cational agency will ensure that its allocation

5 under this subsection is used only to supple6 ment, and not supplant, the amount of school

7 construction, rehabilitation, or repair in the lo8 cality that would have occurred in the absence

9 of such allocation.

10 A rule similar to the rule of the last sentence of sub11 section (d)(5) shall apply for purposes of this para12 graph.

13 ‘‘(f) CARRYOVER OF UNUSED LIMITATION.—If for

14 any calendar year—

15 ‘‘(1) the amount allocated under subsection (d)

16 to any State, exceeds

17 ‘‘(2) the amount of bonds issued during such

18 year which are designated under subsection (a) pur19 suant to such allocation,

20 the limitation amount under such subsection for such

21 State for the following calendar year shall be increased

22 by the amount of such excess. A similar rule shall apply

23 to the amounts allocated under subsection (e). The sub24 section shall not apply if such following calendar year is

25 after 2003.
31

•S 7 IS

1 ‘‘(g) SET-ASIDE ALLOCATED AMONG INDIAN

2 TRIBES.—

3 ‘‘(1) IN GENERAL.—The 1.5 percent set-aside

4 applicable under subsection (c)(1) for any calendar

5 year shall be allocated under paragraph (2) among

6 Indian tribes for the construction, rehabilitation, or

7 repair of tribal schools. No allocation may be made

8 under the preceding sentence unless the Indian tribe

9 has an approved application.

10 ‘‘(2) ALLOCATION FORMULA.—The amount to

11 be allocated under paragraph (1) for any calendar

12 year shall be allocated among Indian tribes on a

13 competitive basis by the Secretary of the Interior, in

14 consultation with the Secretary of Education—

15 ‘‘(A) through a negotiated rulemaking pro16 cedure with the tribes in the same manner as

17 the procedure described in section 106(b)(2) of

18 the Native American Housing Assistance and

19 Self-Determination Act of 1996 (25 U.S.C.

20 4116(b)(2)), and

21 ‘‘(B) based on criteria described in para22 graphs (1), (3), (4), (5), and (6) of section

23 12005(a) of the Elementary and Secondary

24 Education Act of 1965 (20 U.S.C. 8505(a)).
32

•S 7 IS

1 ‘‘(3) APPROVED APPLICATION.—For purposes

2 of paragraph (1), the term ‘approved application’

3 means an application submitted by an Indian tribe

4 which is approved by the Secretary of Education and

5 which includes—

6 ‘‘(A) the basis upon which the applicable

7 tribal school meets the criteria described in

8 paragraph (2)(B), and

9 ‘‘(B) an assurance by the Indian tribe that

10 such tribal school will not receive funds pursu11 ant to allocations described in subsection (d) or

12 (e).

13 ‘‘(4) DEFINITIONS.—For purposes of this

14 subsection—

15 ‘‘(A) INDIAN TRIBE.—The term ‘Indian

16 tribe’ has the meaning given such term by sec17 tion 45A(c)(6).

18 ‘‘(B) TRIBAL SCHOOL.—The term ‘tribal

19 school’ means a school that is operated by an

20 Indian tribe for the education of Indian chil21 dren with financial assistance under grant

22 under the Tribally Controlled Schools Act of

23 1988 (25 U.S.C. 2501 et seq.) or a contract

24 with the Bureau of Indian Affairs under the In-
33

•S 7 IS

1 dian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450f et seq.).’’

3 (b) REPORTING.—Subsection (d) of section 6049 of

4 the Internal Revenue Code of 1986 (relating to returns

5 regarding payments of interest) is amended by adding at

6 the end the following:

7 ‘‘(8) REPORTING OF CREDIT ON QUALIFIED

8 PUBLIC SCHOOL MODERNIZATION BONDS.—

9 ‘‘(A) IN GENERAL.—For purposes of sub10 section (a), the term ‘interest’ includes amounts

11 includible in gross income under section

12 1397E(f) and such amounts shall be treated as

13 paid on the credit allowance date (as defined in

14 section 1397E(d)(2)).

15 ‘‘(B) REPORTING TO CORPORATIONS,

16 ETC.—Except as otherwise provided in regula17 tions, in the case of any interest described in

18 subparagraph (A) of this paragraph, subsection

19 (b)(4) of this section shall be applied without

20 regard to subparagraphs (A), (H), (I), (J), (K),

21 and (L)(i).

22 ‘‘(C) REGULATORY AUTHORITY.—The Sec23 retary may prescribe such regulations as are

24 necessary or appropriate to carry out the pur25 poses of this paragraph, including regulations
34

•S 7 IS

1 which require more frequent or more detailed

2 reporting.’’

3 (c) CLERICAL AMENDMENTS.—

4 (1) The table of parts for subchapter U of

5 chapter 1 of the Internal Revenue Code of 1986 is

6 amended by striking the item relating to part IV

7 and inserting the following:

‘‘Part IV. Incentives for qualified public school modernization

bonds.’’

8 (2) Part V of subchapter U of chapter 1 of

9 such Code is amended by redesignating both section

10 1397F and the item relating thereto in the table of

11 sections for such part as section 1397H.

12 (d) EFFECTIVE DATES.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section

15 shall apply to obligations issued after December 31,

16 1998.

17 (2) REPEAL OF RESTRICTION ON ZONE ACAD18 EMY BOND HOLDERS.—The repeal of the limitation

19 of section 1397E of the Internal Revenue Code of

20 1986 (as in effect on the day before the date of en21 actment of this Act) to eligible taxpayers (as defined

22 in subsection (d)(6) of such section) shall apply to

23 obligations issued after December 31, 1997.
35

•S 7 IS

1 SEC. 103. SENSE OF THE SENATE REGARDING FUNDING

2 FOR BIA SCHOOL FACILITIES.

3 (a) FINDINGS.—The Senate finds that—

4 (1) the Bureau of Indian Affairs operates 1 of

5 only 2 federally-run school systems; and

6 (2) there is a clear Federal responsibility to en7 sure that the more than 50,000 students attending

8 these schools have decent, safe schools.

9 (b) SENSE OF THE SENATE.—It is the sense of the

10 Senate that—

11 (1) sufficient funds should be provided in fiscal

12 year 2000 to begin construction of 4 new Bureau of

13 Indian Affairs school facilities and to increase funds

14 available for the improvement and repair of existing

15 facilities; and

16 (2) in addition, Congress should consider enact17 ing legislation to establish other funding mechanisms

18 that would leverage Federal investments on behalf of

19 Bureau of Indian Affairs schools in order to address

20 the serious construction backlog which exists at trib21 al schools.
36

•S 7 IS

1 TITLE II—CLASS SIZE

2 REDUCTION

3 SEC. 201. CLASS SIZE REDUCTION.

4 Title VI of the Elementary and Secondary Education

5 Act of 1965 (20 U.S.C. 7301 et seq.) is amended by add6 ing at the end the following:

7 ‘‘PART E—CLASS SIZE REDUCTION

8 ‘‘SEC. 6601. SHORT TITLE.

9 ‘‘This part may be cited as the ‘Class Size Reduction

10 Act of 1999’.

11 ‘‘SEC. 6602. FINDINGS.

12 ‘‘Congress finds as follows:

13 ‘‘(1) Rigorous research has shown that students

14 attending small classes in the early grades make

15 more rapid educational progress than students in

16 larger classes, and that these achievement gains per17 sist through at least the elementary grades.

18 ‘‘(2) The benefits of smaller classes are greatest

19 for lower achieving, minority, poor, and inner-city

20 children. One study found that urban fourth-graders

in smaller-than-average classes were 3 21 ⁄4 of a school

22 year ahead of their counterparts in larger-than-aver23 age classes.

24 ‘‘(3) Teachers in small classes can provide stu25 dents with more individualized attention, spend more
37

•S 7 IS

1 time on instruction and less on other tasks, cover

2 more material effectively, and are better able to

3 work with parents to further their children’s edu4 cation.

5 ‘‘(4) Smaller classes allow teachers to identify

6 and work more effectively with students who have

7 learning disabilities and, potentially, can reduce

8 those students’ need for special education services in

9 the later grades.

10 ‘‘(5) Students in smaller classes are able to be11 come more actively engaged in learning than their

12 peers in large classes.

13 ‘‘(6) Efforts to improve educational achieve14 ment by reducing class sizes in the early grades are

15 likely to be more successful if—

16 ‘‘(A) well-prepared teachers are hired and

17 appropriately assigned to fill additional class18 room positions; and

19 ‘‘(B) teachers receive intensive, continuing

20 training in working effectively in smaller class21 room settings.

22 ‘‘(7) Several States have begun a serious effort

23 to reduce class sizes in the early elementary grades,

24 but these actions may be impeded by financial limi-
38

•S 7 IS

1 tations or difficulties in hiring well-prepared teach2 ers.

3 ‘‘(8) The Federal Government can assist in this

4 effort by providing funding for class-size reductions

5 in grades 1 through 3, and by helping to ensure that

6 the new teachers brought into the classroom are well

7 prepared.

8 ‘‘SEC. 6603. PURPOSE.

9 ‘‘The purpose of this part is to help States and local

10 educational agencies recruit, train, and hire 100,000 addi11 tional teachers over a 7-year period in order to—

12 ‘‘(1) reduce class sizes nationally, in grades 1

13 through 3, to an average of 18 students per class14 room; and

15 ‘‘(2) improve teaching in the early grades so

16 that all students can learn to read independently

17 and well by the end of the third grade.

18 ‘‘SEC. 6604. PROGRAM AUTHORIZED.

19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the

20 purpose of carrying out this part, there are authorized to

21 be appropriated, $1,400,000,000 for fiscal year 2000,

22 $1,500,000,000 for fiscal year 2001, $1,700,000,000 for

23 fiscal year 2002, $1,735,000,000 for fiscal year 2003,

24 $2,300,000,000 for fiscal year 2004, and $2,800,000,000

25 for fiscal year 2005.
39

•S 7 IS

1 ‘‘(b) ALLOTMENTS.—

2 ‘‘(1) IN GENERAL.—From the amount appro3 priated under subsection (a) for a fiscal year the

4 Secretary—

5 ‘‘(A) shall make a total of 1 percent avail6 able to the Secretary of the Interior (on behalf

7 of the Bureau of Indian Affairs) and the outly8 ing areas for activities that meet the purpose of

9 this part; and

10 ‘‘(B) shall allot to each State the same

11 percentage of the remaining funds as the per12 centage it received of funds allocated to States

13 for the previous fiscal year under section 1122

14 or section 2202(b), whichever percentage is

15 greater, except that such allotments shall be

16 ratably decreased as necessary.

17 ‘‘(2) DEFINITION OF STATE.—In this part the

18 term ‘State’ means each of the several States of the

19 United States, the District of Columbia and the

20 Commonwealth of Puerto Rico.

21 ‘‘(3) STATE-LEVEL EXPENSES.—Each State

may use not more than a total of 1 22 ⁄2 of 1 percent

23 of the amount the State receives under this part, or

24 $50,000, whichever is greater, for a fiscal year, for
40

•S 7 IS

1 the administrative costs of the State educational

2 agency.

3 ‘‘(c) WITHIN STATE DISTRIBUTION.—

4 ‘‘(1) IN GENERAL.—Each State that receives an

5 allotment under this section shall distribute the

6 amount of the allotted funds that remain after using

7 funds in accordance with subsection (b)(3) to local

8 educational agencies in the State, of which—

9 ‘‘(A) 80 percent of such remainder shall be

10 allocated to such local educational agencies in

11 proportion to the number of children, aged 5 to

12 17, who reside in the school district served by

13 such local educational agency and are from

14 families with incomes below the poverty line (as

15 defined by the Office of Management and

16 Budget and revised annually in accordance with

17 section 673(2) of the Community Services

18 Block Grant Act (42 U.S.C. 9902(2)) applica19 ble to a family of the size involved) for the most

20 recent fiscal year for which satisfactory data is

21 available compared to the number of such indi22 viduals who reside in the school districts served

23 by all the local educational agencies in the State

24 for that fiscal year, except that a State may ad25 just such data, or use alternative child-poverty
41

•S 7 IS

1 data, to carry out this subparagraph if the

2 State demonstrates to the Secretary’s satisfac3 tion that such adjusted or alternative data more

4 accurately reflects the relative incidence of chil5 dren living in poverty within local educational

6 agencies in the State; and

7 ‘‘(B) 20 percent of such remainder shall be

8 allocated to such local educational agencies in

9 accordance with the relative enrollments of chil10 dren, aged 5 to 17, in public and private non11 profit elementary schools and secondary schools

12 in the school districts within the boundaries of

13 such agencies.

14 ‘‘(2) AWARD RULE.—Notwithstanding para15 graph (1), if the award to a local educational agency

16 under this section is less than the starting salary for

17 a new teacher in that agency, the State shall not

18 make the award unless the local educational agency

19 agrees to form a consortium with not less than 1

20 other local educational agency for the purpose of re21 ducing class size.

22 ‘‘SEC. 6605. USE OF FUNDS.

23 ‘‘(a) IN GENERAL.—Each local educational agency

24 that receives funds under this part shall use such funds

25 to carry out effective approaches to reducing class size
42

•S 7 IS

1 with highly qualified teachers to improve educational

2 achievement for both regular and special-needs children,

3 with particular consideration given to reducing class size

4 in the early elementary grades for which some research

5 has shown class size reduction is most effective.

6 ‘‘(b) CLASS REDUCTION.—

7 ‘‘(1) IN GENERAL.—Each such local educational

8 agency may pursue the goal of reducing class size

9 through—

10 ‘‘(A) recruiting, hiring, and training cer11 tified regular and special education teachers

12 and teachers of special-needs children, including

13 teachers certified through State and local alter14 native routes;

15 ‘‘(B) testing new teachers for academic

16 content knowledge, and to meet State certifi17 cation requirements that are consistent with

18 title II of the Higher Education Act of 1965;

19 and

20 ‘‘(C) providing professional development to

21 teachers, including special education teachers

22 and teachers of special-needs children, consist23 ent with title II of the Higher Education Act of

24 1965.
43

•S 7 IS

1 ‘‘(2) RESTRICTION.—A local educational agency

2 may use not more than a total of 15 percent of the

3 funds received under this part for each of the fiscal

4 years 2000 through 2003 to carry out activities de5 scribed in subparagraphs (B) and (C) of paragraph

6 (1), and may not use any funds received under this

7 part for fiscal year 2004 or 2005 for those activities.

8 ‘‘(3) SPECIAL RULE.—A local educational agen9 cy that has already reduced class size in the early

10 grades to 18 or fewer children may use funds re11 ceived under this part—

12 ‘‘(A) to make further class-size reductions

13 in grades 1 through 3;

14 ‘‘(B) to reduce class size in kindergarten

15 or other grades; or

16 ‘‘(C) to carry out activities to improve

17 teacher quality, including professional develop18 ment activities.

19 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—A local edu20 cational agency shall use funds under this part only to

21 supplement, and not to supplant, State and local funds

22 that, in the absence of such funds, would otherwise be

23 spent for activities under this part.

24 ‘‘(d) PROHIBITION.—No funds made available under

25 this part may be used to increase the salaries of or provide
44

•S 7 IS

1 benefits to (other than participation in professional devel2 opment and enrichment programs) teachers who are, or

3 have been, employed by the local educational agency.

4 ‘‘(e) PROFESSIONAL DEVELOPMENT.—If a local edu5 cational agency uses funds made available under this part

6 for professional development activities, the agency shall

7 ensure the equitable participation of private nonprofit ele8 mentary and secondary schools in such activities. Section

9 6402 shall not apply to other activities under this section.

10 ‘‘(f) ADMINISTRATIVE EXPENSES.—A local edu11 cational agency that receives funds under this part may

12 use not more than 3 percent of such funds for local admin13 istrative expenses.

14 ‘‘SEC. 6606. COST-SHARING REQUIREMENT.

15 (a) FEDERAL SHARE.—The Federal share of the cost

16 of activities carried out under this part—

17 ‘‘(1) may be up to 100 percent in local edu18 cational agencies with child-poverty levels of 50 per19 cent or greater; and

20 ‘‘(2) shall be no more than 65 percent for local

21 educational agencies with child-poverty rates of less

22 than 50 percent.

23 ‘‘(b) LOCAL SHARE.—A local educational agency

24 shall provide the non-Federal share of a project under this

25 part through cash expenditures from non-Federal sources,
45

•S 7 IS

1 except that if an agency has allocated funds under section

2 1113(c) to one or more schoolwide programs under section

3 1114, it may use those funds for the non-Federal share

4 of activities under this program that benefit those

5 schoolwide programs, to the extent consistent with section

6 1120A(c) and notwithstanding section 1114(a)(3)(B).

7 ‘‘SEC. 6607. REQUEST FOR FUNDS.

8 ‘‘Each local educational agency that desires to receive

9 funds under this part shall include in the application sub10 mitted under section 6303 a description of the agency’s

11 program under this part to reduce class size by hiring ad12 ditional highly qualified teachers.

13 ‘‘SEC. 6608. REPORTS.

14 ‘‘(a) STATE.—Each State receiving funds under this

15 part shall report on activities in the State under this sec16 tion, consistent with section 6202(a)(2).

17 ‘‘(b) SCHOOL.—Each school receiving assistance

18 under this part, or the local educational agency serving

19 that school, shall produce an annual report to parents, the

20 general public, and the State educational agency, in easily

21 understandable language, regarding student achievement

22 that is a result of hiring additional highly qualified teach23 ers and reducing class size.’’.
46

•S 7 IS

1 TITLE III—TEACHER

2 EXCELLENCE

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Teacher Excellence

5 and Classroom Help Act’’.

6 SEC. 302. FINDINGS.

7 Congress makes the following findings:

8 (1) According to the National Commission for

9 Teaching and America’s Future, what teachers know

10 and can do is the most important influence on what

11 students learn.

12 (2) The Nation will need 2,000,000 new teach13 ers over the 10 year period beginning with 1999.

14 Unfortunately, the need for new teachers in 1998

15 was met by admitting 50,000 unqualified teachers to

16 the classroom.

17 (3) Too many new teachers leave the teaching

18 profession in the first 3 years. Thirty to fifty percent

19 of all new urban teachers leave the teaching profes20 sion within the first 3 to 5 years of teaching. The

21 sink or swim mentality is too often the practice in

22 schools. Too many beginning teachers are thrown

23 into the classroom without the guidance and support

24 the teachers need to succeed.
47

•S 7 IS

1 (4) Too many teachers and principals are not

2 prepared to help all children meet new, high State

3 standards, and use new technologies well.

4 (5) States and school districts should be held

5 accountable for making sure every child is taught by

6 a qualified teacher.

7 (6) The National Commission for Teaching and

8 America’s Future recommends a major investment

9 in recruiting, preparing, and training teachers as a

10 central strategy for improving schools.

11 SEC. 303. DEFINITIONS.

12 In this title:

13 (1) BEGINNING TEACHER.—The term ‘‘begin14 ning teacher’’ means an individual who is—

15 (A) in the last year of a course of study to

16 prepare to become an elementary school or sec17 ondary school teacher;

18 (B) in the first 3 years of a teaching as19 signment at a public elementary school or sec20 ondary school; or

21 (C) an experienced teacher who is new to

22 a school or subject area.

23 (2) ELEMENTARY SCHOOL, LOCAL EDU24 CATIONAL AGENCY, OUTLYING AREA, SECONDARY

25 SCHOOL, SECRETARY, STATE, AND STATE EDU-
48

•S 7 IS

1 CATIONAL AGENCY.—The terms ‘‘elementary

2 school’’, ‘‘local educational agency’’, ‘‘outlying area’’,

3 ‘‘secondary school’’, ‘‘Secretary’’, ‘‘State’’, and

4 ‘‘State educational agency’’ have the meanings given

5 the terms in section 14101 of the Elementary and

6 Secondary Education Act of 1965.

7 (3) INDUCTION PROGRAM.—The term ‘‘induc8 tion program’’ means a program to help beginning

9 teachers succeed and stay in the classroom. Such

10 program may include—

11 (A) mentoring and coaching by trained

12 mentor teachers;

13 (B) team teaching with veteran teachers;

14 (C) time for observation of and consulta15 tion with veteran teachers;

16 (D) assignment of fewer course prepara17 tions; and

18 (E) provision of additional time for course

19 preparation.

20 (4) VETERAN TEACHER.—The term ‘‘veteran

21 teacher’’ means an individual who is—

22 (A) certified to teach in an elementary

23 school or secondary school;

24 (B) teaching in a public elementary school

25 or secondary school; or
49

•S 7 IS

1 (C) recently retired from teaching in a

2 public elementary school or secondary school.

3 PART A—CHALLENGING STATES TO ENSURE

4 THAT EVERY CHILD IS TAUGHT BY A QUALI5 FIED TEACHER

6 SEC. 311. PURPOSES.

7 The purposes of this part are as follows:

8 (1) To improve student achievement in meeting

9 State content and performance standards.

10 (2) To improve the quality and performance of

11 the Nation’s teaching force.

12 (3) To hold States, school districts, and schools

13 accountable for improving the quality and success of

14 the teaching force by providing beginning and vet15 eran teachers with the support the teachers need to

16 succeed and stay in teaching, by offering incentives

17 for more qualified individuals to go into teaching, by

18 reducing out-of-field placement of teachers, and by

19 reducing the number of teachers with emergency

20 credentials.

21 (4) To provide beginning and veteran teachers

22 and principals with the induction and ongoing pro23 fessional development they need to help all children

24 meet high standards of achievement.
50

•S 7 IS

1 (5) To retain and support promising beginning

2 teachers in the teaching profession.

3 SEC. 312. AUTHORIZATION OF APPROPRIATIONS; RESERVA4 TION.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this part

7 $1,200,000,000 for fiscal year 2000 and such sums as

8 may be necessary for each of the fiscal years 2001 through

9 2005.

10 (b) RESERVATION.—From amounts appropriated

11 under subsection (a) for a fiscal year the Secretary shall

12 reserve 1 percent to award grants to the Bureau of Indian

13 Affairs to carry out the purposes of this Act for the benefit

14 of Indians.

15 SEC. 313. GRANTS TO STATES.

16 (a) GRANTS AUTHORIZED.—Using amounts appro17 priated under section 312(a) and not reserved under sec18 tion 312(b), the Secretary shall award grants to State

19 educational agencies in each State, from allotments under

20 subsection (c), to enable the agencies to implement state21 wide initiates—

22 (1) to improve and expand the elementary

23 school and secondary school teaching force of the

24 States through proven, effective programs to recruit,

25 train, and retain beginning teachers; and
51

•S 7 IS

1 (2) to provide ongoing professional development

2 to veteran teachers and principals to improve their

3 ability to help all students reach high State content

4 and performance standards.

5 (b) STATE RESERVATION.—

6 (1) IN GENERAL.—Subject to paragraph (2),

7 each State educational agency receiving a grant

8 under this section may reserve not more than 10

9 percent of the grant funds for statewide activities to

10 improve the quality of the teaching force,

11 including—

12 (A) providing assistance to local edu13 cational agencies to reduce out-of-field place14 ments;

15 (B) reducing the use of emergency creden16 tials;

17 (C) improving alternative certification pro18 grams;

19 (D) administrative costs of activities as20 sisted under this section;

21 (E) evaluation of the activities assisted

22 under this section;

23 (F) improving State efforts to link the pro24 gram assisted under this section with State

25 standards;
52

•S 7 IS

1 (G) supporting National Board for Profes2 sional Teaching Standards certification of

3 teachers who are or will teach in high-need

4 schools; and

5 (H) providing assistance to local edu6 cational agencies in implementing effective pro7 grams of teacher recruitment, induction, and

8 professional development.

9 (2) ADMINISTRATIVE COSTS.—Each State edu10 cational agency receiving a grant under this section

11 may use not more than 3 percent of the grant funds

12 for administrative costs described in paragraph

13 (1)(D).

14 (c) ALLOTMENTS.—

15 (1) IN GENERAL.—Subject to paragraph (2),

16 the Secretary shall make an allotment to each State

17 educational agency in each State in an amount equal

18 to the greater of the amount the State would receive

19 if $1,200,000,000 were allocated under section 1122

20 of the Elementary Secondary Education Act of 1965

21 or under section 2202(b) of such Act for fiscal year

22 1998, except that such allotment shall be ratably de23 creased as may be necessary.

24 (2) OUTLYING AREAS.—The State educational

25 agency serving each outlying area shall receive an al-
53

•S 7 IS

1 lotment under this subsection in an amount equal to

2 $500,000.

3 (d) APPLICATIONS.—A State educational agency that

4 desires a grant under this section shall submit an applica5 tion to the Secretary at such time, and in such manner

6 as the Secretary may require. Each such application shall

7 include—

8 (1) a description of the State’s teacher short9 ages relating to high-need school districts or high10 need subject areas;

11 (2) a description of the need for professional

12 development of veteran teachers in the State and the

13 need for strong induction programs for beginning

14 teachers, which needs assessment shall be developed

15 with the involvement of teachers;

16 (3) a description of how the State educational

17 agency will improve the quality of the State’s teach18 ing force and meet the requirements of this section;

19 (4) a description of how the State educational

20 agency will align activities assisted under this sec21 tion with State content and performance standards,

22 and State assessments;

23 (5) a description of how the State educational

24 agency will advance teacher knowledge in content

25 areas and of best instructional practices;
54

•S 7 IS

1 (6) a description of how the State educational

2 agency will—

3 (A) implement plans to encourage a reduc4 tion in out-of-field placement of teachers;

5 (B) reduce the number of teachers hired

6 with emergency certification;

7 (C) increase the State’s commitment to

8 aligning professional development with State

9 content and performance standards, and State

10 assessments; and

11 (D) increase the rigor and quality of State

12 certification and licensure tests for teachers en13 tering the field of teaching, including subject

14 matter tests for secondary school teachers;

15 (7) a description of how the State educational

16 agency will coordinate activities assisted under this

17 section with efforts under Goals 2000: Educate

18 America Act, titles I and title II of the Elementary

19 and Secondary Education Act of 1965, section 307

20 of the Department of Education Appropriations Act,

21 1999, and title II of the Higher Education Act of

22 1965, as appropriate; and

23 (8) a plan, developed with the extensive partici24 pation of teachers, for addressing long-term teacher
55

•S 7 IS

1 recruitment, retention, and professional development

2 needs, which may include—

3 (A) technical assistance to help school dis4 tricts reform hiring practices to support strong

5 teacher recruitment and retention; or

6 (B) establishing State or regional partner7 ships to address teacher shortages.

8 SEC. 314. ATTRACTING NEW TEACHERS PROGRAMS.

9 (a) SCHOLARSHIPS.—Each State educational agency

10 receiving a grant under this part shall use 20 percent of

11 the grant funds—

12 (1) to award scholarships to qualified individ13 uals who enter the elementary school or secondary

14 school teaching field;

15 (2) to establish partnerships described in sub16 section (c) to assist in carrying out the scholarship

17 program under this section, including the recruit18 ment of prospective teachers and support services

19 for the teachers.

20 (b) ELIGIBLE INDIVIDUALS.— The scholarships shall

21 be awarded on a statewide basis to individuals who—

22 (1) want to change professions in mid-career

23 and receive graduate or continuing education in

24 order to teach in public elementary schools or sec25 ondary schools, including paraprofessionals that
56

•S 7 IS

1 want to become fully certified or licensed teachers;

2 or

3 (2) want to obtain an undergraduate degree in

4 order to teach in public elementary schools or sec5 ondary schools.

6 (c) AMOUNT.—The amount of the scholarship shall

7 be determined by the State educational agency. The State

8 educational agency shall consider the need of the individ9 ual in determining the amount of the scholarship.

10 (d) PARTNERSHIPS.—A State educational agency

11 shall enter into partnerships with local educational agen12 cies that serve school districts with the greatest teacher

13 shortages in the State and colleges of education at institu14 tions of higher education in order to establish the scholar15 ship program. The State educational agency may also in16 clude in the partnership community-based organizations

17 and other organizations, for the purpose of implementing

18 a successful scholarship program.

19 (e) REQUIREMENTS.—The scholarship program shall

20 include the following:

21 (1) Requirements that scholarship recipients

22 agree to teach for at least 3 years after completion

23 of the degree for which the scholarship was awarded.
57

•S 7 IS

1 (2) Requirements that scholarship recipients

2 agree to teach in high-need school districts or high3 need content areas.

4 (3) Coordination of incentives under the pro5 gram assisted under this section with incentives

6 under the Federal student loan forgiveness program

7 under section 428J of the Higher Education Act of

8 1965 in order to attract more individuals to teach9 ing.

10 SEC. 315. LOCAL TEACHER QUALITY IMPROVEMENT

11 GRANTS.

12 (a) GRANTS AUTHORIZED.—Each State educational

13 agency receiving a grant under this part shall use not less

14 than 70 percent of the grant funds to award grants, on

15 a competitive basis, to eligible local educational agencies

16 to enable the local educational agencies to carry out the

17 authorized activities described in subsection (e).

18 (b) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL

19 AGENCIES.—In this section the term ‘‘eligible local edu20 cational agency’’ means a local education agency that—

21 (1) is eligible to receive assistance under title I

22 of the Elementary and Secondary Education Act of

23 1965, and meets additional eligibility criteria estab24 lished by the State educational agency with respect

25 to—
58

•S 7 IS

1 (A) high rates of poverty of the families of

2 the children attending schools served by the

3 local educational agency;

4 (B) the need for support for improving

5 teacher quality based on low achievement of

6 students served by the local educational agency;

7 (C) low-teacher retention rates in the

8 schools served by the local educational agency;

9 (D) the need for improving or expanding

10 veteran teacher knowledge and skills in high11 priority areas, such as—

12 (i) State content and performance

13 standards, and State assessments;

14 (ii) technology;

15 (iii) improving the ability of children

16 with disabilities and limited English pro17 ficient children to meet State content and

18 performance standards;

19 (iv) discipline; and

20 (v) implementing proven programs

21 and research-based best practices; and

22 (E) high out-of-field placement rates.

23 (c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—A

24 State educational agency shall ensure an equitable dis-
59

•S 7 IS

1 tribution of grants under this section among local edu2 cational agencies serving urban and rural areas.

3 (d) AWARD RULE.—A State educational agency shall

4 ensure that a portion of the funds awarded to eligible local

5 educational agencies under this section are awarded to eli6 gible local educational agencies with high numbers of chil7 dren in poverty and high percentages of children in pov8 erty.

9 (e) AUTHORIZED ACTIVITIES.—A local educational

10 agency that receives a grant under this section—

11 (1) shall use the grant funds—

12 (A) to provide high-quality induction pro13 grams for beginning teachers, including mentor

14 and internship programs; and

15 (B) to provide high-quality professional de16 velopment for veteran teachers and principals to

17 ensure that every child has the opportunity to

18 meet high State standards under the guidance

19 of—

20 (i) teaching by a qualified, knowledge21 able, skillful teacher in the classroom; and

22 (ii) a qualified, knowledgeable, skillful

23 principal of a school; and

24 (2) may use the grant funds to establish a part25 nership with an institution of higher education, an-
60

•S 7 IS

1 other local educational agency, or another organiza2 tion, for the purpose of carrying out the activities

3 under this program.

4 (f) LOCAL EDUCATIONAL AGENCY APPLICATION.—

5 Each eligible local educational agency desiring a grant

6 under this section shall submit an application to the State

7 educational agency at such time, in such manner, and ac8 companied by such information as the State educational

9 agency may require. Each such application shall include

10 a description of—

11 (1) the partnership that the local educational

12 agency will form to carry out the authorized activi13 ties described in subsection (d);

14 (2) the goals of the activities assisted under this

15 section and the role of each member of the partner16 ship in meeting the goals;

17 (3) a plan for selecting and assigning beginning

18 and veteran teachers for participation in the pro19 gram;

20 (4) the release time and other rewards or incen21 tives offered to beginning teachers and veteran

22 teachers for participation in the induction or profes23 sional development program;
61

•S 7 IS

1 (5) the training and support that will be pro2 vided to veteran teachers participating in the induc3 tion program;

4 (6) how the program—

5 (A) shall address the ongoing professional

6 development of teachers and principals in the

7 areas of—

8 (i) course content; and

9 (ii) instructional strategies;

10 (B) may address the ongoing professional

11 development of teachers and principals in the

12 areas of—

13 (i) meaningful parental and commu14 nity involvement in schools;

15 (ii) use of educational technologies

16 and the integration of the technologies into

17 the curriculum;

18 (iii) understanding the special needs

19 and cultural diversity of students insofar

20 as the special needs and cultural diversity

21 impact student learning; and

22 (iv) classroom management and dis23 cipline;

24 (7) a description of how the induction and pro25 fessional development activities will—
62

•S 7 IS

1 (A) improve the ability of teachers and

2 principals to help all students reach high State

3 content and performance standards;

4 (B) advance teacher knowledge of content

5 areas and best instructional practices in 1 or

6 more of the core academic content areas;

7 (C) involve collaborative groups of teachers

8 and administrators from the same school dis9 trict and, to the greatest extent possible, from

10 the same school;

11 (D) be of sufficient duration to have a

12 positive and lasting impact on classroom in13 struction and, to the greatest extent possible,

14 include school-based followup support such as

15 coaching or study groups;

16 (E) be embedded in school districtwide and

17 school-based professional development plans de18 signed to raise student achievement on State

19 academic standards; and

20 (F) be based on the best, most recent re21 search and practice on school leadership, teach22 ing, and learning;

23 (8) how teachers, parents, and school adminis24 trators will be extensively involved in developing and
63

•S 7 IS

1 implementing the induction and professional develop2 ment activities;

3 (9) how the program will address the profes4 sional development needs of paraprofessionals and

5 other student services personnel, including coun6 selors; and

7 (10) a plan for reducing out-of-field placement

8 of teachers.

9 (g) EVALUATION.—Each local educational agency re10 ceiving a grant under this section shall submit to the State

11 educational agency, a biennial evaluation of the program

12 assisted under this section, which evaluation shall be de13 veloped with the extensive participation of teachers. Each

14 such evaluation shall describe—

15 (1) the effectiveness of the program in meeting

16 the goals of the program;

17 (2) the effectiveness of the mentor training to

18 effectively address the skills, pedagogy, and aca19 demic areas the mentor teachers need in order to

20 provide appropriate assistance to beginning teachers;

21 (3) the benefits and concerns identified by men22 tor teachers and beginning teachers participating in

23 the program;

24 (4) the impact of the program with respect to—

25 (A) the classes taught by new teachers;
64

•S 7 IS

1 (B) staff members;

2 (C) parents; and

3 (D) the elementary school or secondary

4 school involved in the program;

5 (5) the effectiveness of the induction and pro6 fessional development programs in helping the teach7 ers help their students meet State content and per8 formance standards;

9 (6) data relating to—

10 (A) how many new teachers participated in

11 the program;

12 (B) how many new teachers who partici13 pated in the program are retained in the teach14 ing profession compared to how many new

15 teachers were retained in the teaching profes16 sion during years in which the program did not

17 operate; and

18 (C) how many mentor teachers who par19 ticipated in the program continued the partici20 pation; and

21 (7) any changes made by an institution of high22 er education in the preparation of new teachers, and

23 in the professional development opportunities related

24 to teaching that are offered by the institution, as a
65

•S 7 IS

1 result of the institution’s participation in the pro2 gram.

3 SEC. 316. SUPPLEMENT NOT SUPPLANT.

4 Funds made available under this part shall be used

5 to supplement and not supplant other Federal, State, and

6 local funds expended for teacher programs.

7 PART B—IMPROVING TEACHER PREPARATION

8 SEC. 321. SENSE OF THE SENATE.

9 It is the sense of the Senate that—

10 (1) Congress should fully fund title II of the

11 Higher Education Act of 1965, relating to Teacher

12 Quality Enhancement Grants for States and Part13 nerships, at $300,000,000; and

14 (2) the 105th Congress made a strong commit15 ment to holding institutions of higher education ac16 countable for improving the initial preparation of

17 teachers, and the 106th Congress should make a

18 strong investment in accomplishing that goal.

19 PART C—IMPROVING TEACHER TECHNOLOGY

20 TRAINING

21 SEC. 331. IMPROVING TEACHER TECHNOLOGY TRAINING.

22 (a) STATEMENT OF PURPOSE FOR TITLE I.—Section

23 1001(d)(4) of the Elementary and Secondary Education

24 Act of 1965 (20 U.S.C. 6301(d)(4)) is amended by insert25 ing ‘‘, giving particular attention to the role technology
66

•S 7 IS

1 can play in professional development and improved teach2 ing and learning’’ before the semicolon.

3 (b) SCHOOL IMPROVEMENT.—Section 1116(c)(3) of

4 such Act (20 U.S.C. 6317(c)(3)) is amended by adding

5 at the end the following:

6 ‘‘(D) In carrying out professional develop7 ment under this paragraph a school shall give

8 particular attention to professional development

9 that incorporates technology used to improve

10 teaching and learning.’’.

11 (c) PROFESSIONAL DEVELOPMENT.—Section

12 1119(b) of such Act (20 U.S.C. 6320(b)) is amended—

13 (1) in paragraph (1)—

14 (A) in subparagraph (D), by striking

15 ‘‘and’’ after the semicolon;

16 (B) in subparagraph (E), by striking the

17 period and inserting ‘‘; and’’; and

18 (C) by adding at the end the following:

19 ‘‘(F) include instruction in the use of tech20 nology.’’; and

21 (2) in paragraph (2)—

22 (A) by striking subparagraph (D); and

23 (B) by redesignating subparagraphs (E)

24 through (I) as subparagraphs (D) through (H),

25 respectively.
67

•S 7 IS

1 (d) PURPOSES FOR TITLE II.—Section 2002(2) of

2 such Act (20 U.S.C. 6602(2)) is amended—

3 (1) in subparagraph (E), by striking ‘‘and’’

4 after the semicolon;

5 (2) in subparagraph (F), by striking the period

6 and inserting ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(G) uses technology to enhance the teach9 ing and learning process.’’.

10 (e) NATIONAL TEACHER TRAINING PROJECT.—Sec11 tion 2103(b)(2) of such Act (20 U.S.C. 6623(b)(2)) is

12 amended by adding at the end the following:

13 ‘‘(J) Technology.’’.

14 (f) LOCAL PLAN FOR IMPROVING TEACHING AND

15 LEARNING.—Section 2208(d)(1)(F) of such Act (20

16 U.S.C. 6648(d)(1)(F)) is amended by inserting ‘‘, tech17 nologies,’’ after ‘‘strategies’’.

18 (g) AUTHORIZED ACTIVITIES.—Section

19 2210(b)(2)(C) of such Act (20 U.S.C. 6650(b)(2)(C)) is

20 amended by inserting ‘‘, and in particular technology,’’

21 after ‘‘practices’’.

22 (h) HIGHER EDUCATION ACTIVITIES.—Section

23 2211(a)(1)(C) of such Act (20 U.S.C. 6651(a)(1)(C)) is

24 amended by inserting ‘‘, including technological innova25 tion,’’ after ‘‘innovation’’.
68

•S 7 IS

1 TITLE IV—STRENGTHENING

2 AFTER-SCHOOL PROGRAMS

3 PART A—SCHOOL-AGED CHILD CARE

4 SEC. 411. DEFINITIONS.

5 The Child Care and Development Block Grant Act

6 of 1990 (42 U.S.C. 9858 et seq.) is amended—

7 (1) by redesignating section 658P (42 U.S.C.

8 9858n) as section 658T;

9 (2) by transferring section 658T (as so redesig10 nated) to the end of such Act; and

11 (3) in section 658T (as so redesignated)—

12 (A) in paragraph (4), by adding at the end

13 the following:

14 ‘‘The term ‘eligible child’, used with respect to

15 school-aged child care and development services,

16 means a school age child.’’; and

17 (B) by adding at the end the following:

18 ‘‘(15) CHILD CARE; CHILD CARE SERVICES.—

19 The terms ‘child care’ and ‘child care services’ in20 clude child care and development services.

21 ‘‘(16) CHILD CARE AND DEVELOPMENT SERV22 ICES.—The term ‘child care and development serv23 ices’ means services described in section 658H(f).

24 ‘‘(17) CHILD WITH A DISABILITY.—The term

25 ‘child with a disability’ has the meaning given the
69

•S 7 IS

1 term in section 602 of the Individuals with Disabil2 ities Education Act (20 U.S.C. 1401).

3 ‘‘(18) ELEMENTARY SCHOOL; SECONDARY

4 SCHOOL.—The terms ‘elementary school’ and ‘sec5 ondary school’ mean a public elementary or second6 ary school (as the case may be) as such schools are

7 defined for purposes of section 14101 of the Ele8 mentary and Secondary Education Act of 1965 (20

9 U.S.C. 8801).

10 ‘‘(19) SCHOOL AGE CHILD.—The term ‘school

11 age child’ means an individual who—

12 ‘‘(A)(i) is not less than 5 and not more

13 than 16 years of age; or

14 ‘‘(ii) at the election of the State involved,

15 is less than 5 years of age; and

16 ‘‘(B) meets the requirements of subpara17 graphs (B) and (C) of paragraph (4).’’

18 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

19 Section 658B of the Child Care and Development

20 Block Grant Act of 1990 (42 U.S.C. 9858) is amended—

21 (1) by striking ‘‘There is’’ and inserting ‘‘(a) IN

22 GENERAL.—There is’’;

23 (2) by striking ‘‘this subchapter’’ and inserting

24 ‘‘this subchapter (other than section 658H)’’; and

25 (3) by adding at the end the following:
70

•S 7 IS

1 ‘‘(b) PROGRAMS FOR CHILD CARE AND DEVELOP2 MENT SERVICES.—There is authorized to be appropriated

3 and there is appropriated to carry out section 658H,

4 $150,000,000 for fiscal year 2000, $200,000,000 for fis5 cal year 2001, $300,000,000 for fiscal year 2002,

6 $350,000,000 for fiscal year 2003, and 1,000,000,000 for

7 fiscal year 2004.’’

8 SEC. 413. STATE PLAN.

9 Section 658E(c) of the Child Care and Development

10 Block Grant Act of 1990 (42 U.S.C. 9858c(c)) is

11 amended—

12 (1) in paragraph (2)—

13 (A) in subparagraph (A)—

14 (i) in clause (i)—

15 (I) by inserting ‘‘, other than

16 through assistance provided under

17 paragraph (3)(E),’’ after ‘‘under this

18 subchapter’’; and

19 (II) in subclause (II), by striking

20 ‘‘section 658P(2)’’ and inserting ‘‘sec21 tion 658T(2)’’; and

22 (ii) in clause (ii), by striking ‘‘eligible

23 provider’’ and inserting ‘‘eligible child care

24 provider (or, in the case of child care and
71

•S 7 IS

1 development services, an entity described

2 in section 658H(c))’’; and

3 (B) in the first sentence of subparagraph

4 (E)(i)—

5 (i) by inserting after ‘‘within the

6 State’’ the following ‘‘(or, in the case of

7 child care and development services, other

8 appropriate requirements)’’; and

9 (ii) by striking ‘‘such requirements’’

10 each place it appears and inserting ‘‘such

11 licensing or appropriate requirements’’;

12 and

13 (2) in paragraph (3)—

14 (A) in subparagraph (A), by striking

15 ‘‘(D)’’ and inserting ‘‘(E)’’; and

16 (B) by adding at the end the following:

17 ‘‘(E) PROGRAMS FOR SCHOOL-AGE CHILD

18 CARE AND DEVELOPMENT SERVICES.—

19 ‘‘(i) IN GENERAL.—The State plan

20 shall provide that the State will reserve the

21 portion described in clause (ii) of the State

22 allotment under section 658O for each fis23 cal year for grants and contracts to carry

24 out activities under section 658H.
72

•S 7 IS

1 ‘‘(ii) PORTION.—For each fiscal year,

2 the portion referred to in clause (i) is the

3 amount that bears the same relationship to

4 the State allotment for that year as the

5 amount appropriated under section

6 658B(b) for that year bears to the total

7 amount appropriated under section 658B

8 for that year.’’.

9 SEC. 414. SCHOOL-AGE CHILD CARE AND DEVELOPMENT

10 SERVICES.

11 The Child Care and Development Block Grant Act

12 of 1990 (42 U.S.C. 9858 et seq.) is amended by inserting

13 after section 658G the following:

14 ‘‘SEC. 658H. AFTER SCHOOL SERVICES.

15 ‘‘(a) PURPOSE.—It is the purpose of this section to

16 fund quality child care and development services through

17 grants and contracts, including direct services provided

18 outside of normal school hours, to promote the health and

19 academic achievement of school age children, and assist

20 the children in avoiding high risk behaviors.

21 ‘‘(b) IN GENERAL.—Each State that receives funds

22 to carry out this subchapter for a fiscal year shall use the

23 funds reserved as described in section 658E(c)(3)(E) to

24 make grants to eligible entities to carry out programs to

25 expand the availability and affordability of quality child
73

•S 7 IS

1 care and development services, including direct services

2 provided outside of normal school hours (including before3 and after-school care and weekend, holiday, and summer

4 care) for school age children.

5 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to receive

6 a grant under this section, an entity shall be—

7 ‘‘(1) an elementary school or secondary school;

8 or

9 ‘‘(2) a community-based organization, including

10 a community-based entity that operates a child care

11 center or youth center or is a family child care pro12 vider, that meets such requirements of the type de13 scribed in subparagraphs (E) and (F) of section

14 658E(c)(3) as the State and local governments in15 volved may prescribe.

16 ‘‘(d) APPLICATION.—To be eligible to receive a grant

17 under this section, an entity shall submit an application

18 to the State at such time, in such manner, and containing

19 such information as the State may require. At a minimum,

20 each application shall contain—

21 ‘‘(1) information demonstrating the manner in

22 which the entity will carry out a program described

23 in subsection (b) in a manner that meets the needs,

24 of the community to be served, for child care and de-
74

•S 7 IS

1 velopment services, including direct services provided

2 outside of normal school hours;

3 ‘‘(2) an assurance that the entity will carry out

4 direct services provided through the program

5 during—

6 ‘‘(A) at least 3 days in each week that the

7 program operates, and for at least 3 hours on

8 each day that the program operates; or

9 ‘‘(B) at least 10 hours in each week that

10 the program operates;

11 ‘‘(3) information demonstrating the manner in

12 which the entity will serve children with disabilities;

13 and

14 ‘‘(4) information demonstrating the manner in

15 which the entity will carry out the planning, estab16 lishment, implementation, and evaluation of the pro17 gram, and provide staff training for the program, in

18 coordination with other entities carrying out pro19 grams for children or public transportation pro20 grams in the community.

21 ‘‘(e) PREFERENCE.—In making grants under this

22 section, a State shall give preference to entities that—

23 ‘‘(1) serve communities with—
75

•S 7 IS

1 ‘‘(A) a high rate of poverty, as determined

2 in accordance with criteria established by the

3 Secretary; and

4 ‘‘(B) a high incidence of at-risk children;

5 and

6 ‘‘(2) propose programs that make transpor7 tation services available to the children served, if

8 needed to enable the children to receive other serv9 ices described in this section, using transportation

10 provided under other public programs in the commu11 nity, such as transportation provided under the

12 Head Start Act (42 U.S.C. 9831 et seq.), or under

13 programs providing services to older individuals,

14 educational programs, or public transportation pro15 grams.

16 ‘‘(f) USE OF FUNDS.—

17 ‘‘(1) IN GENERAL.—An entity that receives a

18 grant under this section shall use the funds made

19 available through the grant to provide—

20 ‘‘(A) direct services outside of normal

21 school hours;

22 ‘‘(B) quality services; and

23 ‘‘(C) indirect services.

24 ‘‘(2) DIRECT SERVICES AND RELATED QUALITY

25 SERVICES.—
76

•S 7 IS

1 ‘‘(A) IN GENERAL.—The entity shall use

2 not less than 75 percent of the funds described

3 in paragraph (1) to provide two or more of the

4 direct services described in subparagraph (B) to

5 school age children and to carry out related

6 quality services.

7 ‘‘(B) DIRECT SERVICES.—The direct serv8 ices referred to in subparagraph (A) consist

9 of—

10 ‘‘(i) recreational activities;

11 ‘‘(ii) community-based service pro12 grams that provide for meaningful human,

13 educational, environmental, or public safe14 ty service;

15 ‘‘(iii) academic assistance and tutor16 ing;

17 ‘‘(iv) mentoring;

18 ‘‘(v) conflict management;

19 ‘‘(vi) health and nutrition services, in20 cluding disease and injury prevention serv21 ices;

22 ‘‘(vii) literacy services;

23 ‘‘(viii) child care (other than another

24 service described in this subsection); and
77

•S 7 IS

1 ‘‘(ix) transportation of school age chil2 dren between—

3 ‘‘(I) school or home; and

4 ‘‘(II) the facility in which the

5 services are provided.

6 ‘‘(C) QUALITY SERVICES.—The quality

7 services referred to in subparagraph (A) consist

8 of—

9 ‘‘(i) provision of community-based

10 training, related to the provision of direct

11 services, for staff of the entity, at times

12 and in locations that are accessible to the

13 staff;

14 ‘‘(ii) provision of financial assistance

15 to the staff to attend courses at an institu16 tion of higher education that are related to

17 the provision of direct services;

18 ‘‘(iii) provision of financial assistance

19 to staff to promote staff retention;

20 ‘‘(iv) provision of financial assistance

21 to enable the child care and development

22 services program provided by the entity to

23 obtain accreditation by a nationally recog24 nized accreditation organization;
78

•S 7 IS

1 ‘‘(v) data collection relating to direct

2 services, including the collection of data

3 described in paragraphs (1)(B) and (2) of

4 section 658K(a) for family units receiving

5 assistance under this section, and submis6 sion of the data to the State for inclusion

7 in the reports described in section

8 658K(a)(2); and

9 ‘‘(vi) evaluation of the child care and

10 development services provided by the entity

11 in accordance with criteria determined by

12 the State, and participation in audits de13 scribed in section 658K(b).

14 ‘‘(3) INDIRECT SERVICES.—

15 ‘‘(A) IN GENERAL.—The entity shall use

16 not more than 25 percent of the funds de17 scribed in paragraph (1) to provide indirect

18 services that support the sustainability of the

19 direct services and the accountability of entities

20 carrying out the direct services.

21 ‘‘(B) SERVICES.—The indirect services re22 ferred to in subparagraph (A) may include—

23 ‘‘(i) carrying out activities to provide

24 increased compensation to staff who pro25 vide the direct services to school age chil-
79

•S 7 IS

1 dren outside of normal school hours and

2 who participate in appropriate training;

3 ‘‘(ii) developing and maintaining elec4 tronic databases of providers who provide

5 the direct services outside of normal school

6 hours, and making the information in the

7 databases available to the public through

8 arrangements with elementary schools, sec9 ondary schools, public libraries, commu10 nity-based agencies, and other public agen11 cies; and

12 ‘‘(iii) conducting community needs as13 sessments to determine the need for direct

14 services outside of normal school hours.

15 ‘‘(g) DEFINITIONS.—In this section:

16 ‘‘(1) DIRECT SERVICES.—The term ‘direct serv17 ices’ means the services described in subsection

18 (f)(2)(B).

19 ‘‘(2) INDIRECT SERVICES.—The term ‘indirect

20 services’ means the services described in subsection

21 (f)(3).

22 ‘‘(3) QUALITY SERVICES.—The term ‘quality

23 services’ means the services described in subsection

24 (f)(2)(C).’’.
80

•S 7 IS

1 SEC. 415. CONFORMING AMENDMENTS.

2 (a) QUALITY ACTIVITIES.—Section 658G of the Child

3 Care and Development Block Grant Act of 1990 (42

4 U.S.C. 9858e) is amended by striking ‘‘this subchapter’’

5 and inserting ‘‘this subchapter (other than section

6 658H)’’.

7 (b) REDESIGNATION.—Section 658K of the Child

8 Care and Development Block Grant Act of 1990 (42

9 U.S.C 9858i) is amended, in subsection (a)(2)(A), by

10 striking ‘‘section 658P(5)’’ and inserting ‘‘section

11 658T(5)’’.

12 (c) CONSTRUCTION.—Section 658O(c)(6) of the

13 Child Care and Development Block Grant Act of 1990 (42

14 U.S.C. 9858m(c)(6)) is amended by inserting ‘‘(other than

15 the amounts provided to carry out section 658H)’’ after

16 ‘‘this subsection’’ each place it appears.

17 PART B—STRENGTHENING THE 21ST CENTURY

18 COMMUNITY LEARNING CENTERS ACT

19 SEC. 421. PROGRAM AUTHORIZATION.

20 Section 10903 of the 21st Century Community

21 Learning Centers Act (20 U.S.C. 8243) is amended—

22 (1) in subsection (a)—

23 (A) in the subsection heading, by inserting

24 ‘‘TO LOCAL EDUCATIONAL AGENCIES FOR

25 SCHOOLS’’ after ‘‘SECRETARY’’; and
81

•S 7 IS

1 (B) by striking ‘‘rural and inner-city pub2 lic’’ and all that follows through ‘‘or to’’ and in3 serting ‘‘local educational agencies for the sup4 port of public elementary schools or secondary

5 schools, including middle schools, that serve

6 communities with substantial needs for ex7 panded learning opportunities for children and

8 youth in the communities, to enable the schools

9 to establish or’’; and

10 (C) by striking ‘‘a rural or inner-city com11 munity’’ and inserting ‘‘the communities’’;

12 (2) in subsection (b)—

13 (A) by striking ‘‘States, among’’ and in14 serting ‘‘States and among’’; and

15 (B) by striking ‘‘United States,’’ and all

16 that follows through ‘‘a State’’ and inserting

17 ‘‘United States’’; and

18 (3) in subsection (c), by striking ‘‘3’’ and in19 serting ‘‘5’’.

20 SEC. 422. APPLICATIONS.

21 Section 10904(a) of such Act (20 U.S.C. 8244(a))

22 is amended—

23 (1) in the first sentence, by striking ‘‘an ele24 mentary or secondary school or consortium’’ and in25 serting ‘‘a local educational agency’’;
82

•S 7 IS

1 (2) in paragraph (1), by striking ‘‘or consor2 tium’’;

3 (3) in paragraph (2), by striking ‘‘and’’ after

4 the semicolon;

5 (4) in paragraph (3)—

6 (A) in subparagraph (B), by inserting ‘‘,

7 including programs under the Child Care and

8 Development Block Grant Act of 1990’’ after

9 ‘‘maximized’’;

10 (B) in subparagraph (D), by striking ‘‘or

11 consortium’’; and

12 (C) in subparagraph (E)—

13 (i) in the matter preceding clause (i),

14 by striking ‘‘or consortium’’; and

15 (ii) in clause (ii), by striking the pe16 riod and inserting a semicolon;

17 (5) by adding at the end the following:

18 ‘‘(4) information demonstrating that the local

19 educational agency will—

20 ‘‘(A) provide not less than 35 percent of

21 the annual cost of the activities assisted under

22 the project from sources other than funds pro23 vided under this part, which contribution may

24 be provided in cash or in kind, fairly evaluated;

25 and
83

•S 7 IS

1 ‘‘(B) provide not more than 25 percent of

2 the annual cost of the activities assisted under

3 the project from funds provided by the Sec4 retary under other Federal programs that per5 mit the use of those other funds for activities

6 assisted under the project; and

7 ‘‘(5) an assurance that the local educational

8 agency, in each year of the project, will maintain the

9 agency’s fiscal effort, from non-Federal sources,

10 from the preceding fiscal year for the activities the

11 local educational agency provides with funds pro12 vided under this part.’’; and

13 (6) in the matter preceding paragraph (1), by

14 striking ‘‘Each such’’ and inserting the following:

15 ‘‘(b) CONTENTS.—Each such’’.

16 SEC. 423. USES OF FUNDS.

17 Section 10905 of such Act (20 U.S.C. 8245) is

18 amended—

19 (1) by amending the matter preceding para20 graph (1) to read as follows:

21 ‘‘(a) IN GENERAL.—Subject to subsection (b), grants

22 awarded under this part may be used to establish or ex23 pand community learning centers. The centers may pro24 vide 1 or more of the following activities:’’;
84

•S 7 IS

1 (2) in subsection (a)(11) (as redesignated by

2 paragraph (1)), by inserting ‘‘, and job skills prepa3 ration’’ after ‘‘placement’’;

4 (3) by adding at the end of subsection (a) (as

5 redesignated by paragraph (1)) the following:

6 ‘‘(14) Mentoring programs.

7 ‘‘(15) Academic assistance programs.

8 ‘‘(16) Drug, alcohol, and gang prevention ac9 tivities.’’; and

10 (4) by adding at the end the following:

11 ‘‘(b) SPECIAL RULES.—Each grant awarded under

12 this part—

13 ‘‘(1) shall be used for an activity described in

14 subsection (a) that—

15 ‘‘(A) offers expanded learning opportuni16 ties for children and youth in the community;

17 and

18 ‘‘(B) is conducted before or after school,

19 except that a supportive activity, such as train20 ing, may be conducted during school if the sup21 portive activity relates directly to the activity

22 described in subsection (a) that is conducted be23 fore or after school; and

24 ‘‘(2) may be used for an activity described in

25 subsection (a) that does not offer expanded learning
85

•S 7 IS

1 opportunities for children and youth in the commu2 nity.’’.

3 SEC. 424. CONTINUATION AWARDS UNDER CURRENT STAT4 UTE.

5 Such Act (20 U.S.C. 8241 et seq.) is further

6 amended—

7 (1) by redesignating sections 10906 and 10907

8 (20 U.S.C. 8246 and 8247) as sections 10907 and

9 10908, respectively; and

10 (2) by inserting after section 10906 the follow11 ing:

12 ‘‘SEC. 10907. CONTINUATION AWARDS.

13 ‘‘Notwithstanding any other provision of law, the Sec14 retary may use funds appropriated under this part to

15 make payments under this part for projects that were

16 funded under this part for fiscal year 1999, under the

17 terms and conditions that applied to the original grants

18 for the projects.’’.

19 SEC. 425. AUTHORIZATION OF APPROPRIATIONS.

20 Section 10908 of such Act (as redesignated by section

21 424(1)) (20 U.S.C. 8247) is amended by striking

22 ‘‘$20,000,000 for fiscal year 1995’’ and inserting

23 ‘‘$600,000,000 for fiscal year 2000 and such sums as may

24 be necessary for each of the fiscal years 2001 through

25 2004’’.
86

•S 7 IS

1 SEC. 426. EFFECTIVE DATE.

2 This part, and the amendments made by this part,

3 shall take effect on October 1, 1999.

Æ