II

105TH CONGRESS

2D SESSION S. 1589

To provide dollars to the classroom.

IN THE SENATE OF THE UNITED STATES

JANUARY 29, 1998

Mr. HUTCHINSON (for himself, Mr. NICKLES, Mr. COVERDELL, Mr. SESSIONS,

Mr. DEWINE, and Mr. MURKOWSKI) introduced the following bill; which

was read twice and referred to the Committee on Labor and Human Resources

A BILL

To provide dollars to the classroom.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dollars to the Class5 room Act’’.

6 SEC. 2. DIRECT AWARDS OF CERTAIN EDUCATION FUNDING

7 TO STATES.

8 (a) DIRECT AWARDS OF CERTAIN EDUCATION

9 FUNDING.—

10 (1) IN GENERAL.—Notwithstanding any other

11 provision of law, for each fiscal year the Secretary
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1 shall award the total amount of funds described in

2 paragraph (2) directly to States in accordance with

3 this subsection.

4 (2) APPLICABLE FUNDING.—The total amount

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

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

7 year that are appropriated for the Department of

8 Education for the fiscal year to carry out programs

9 or activities under the following provisions of law:

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

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

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

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

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

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

16 (D) The Educational Research, Develop17 ment, Disseminations, and Improvement Act of

18 1994 (20 U.S.C. 6001 et seq.).

19 (E) Titles II, III, and IV of the School-to20 Work Opportunities Act of 1994 (20 U.S.C.

21 6121 et seq., 6171 et seq., and 6191 et seq.).

22 (F) Section 1502 of the Elementary and

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

24 6492).
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1 (G) Part B of title I of the Elementary

2 and Secondary Education Act of 1965 (20

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

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

5 and Secondary Education Act of 1965 (20

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

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

8 and Secondary Education Act of 1965 (20

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

10 (J) Section 3132 of the Elementary and

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

12 6842 et seq.).

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

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

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

17 Elementary and Secondary Education Act of

18 1965 (20 U.S.C. 7111 et seq.).

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

20 Elementary and Secondary Education Act of

21 1965 (20 U.S.C. 7131 et seq.).

22 (N) Part A of title V of the Elementary

23 and Secondary Education Act of 1965 (20

24 U.S.C. 7201 et seq.).
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1 (O) Part B of title V of the Elementary

2 and Secondary Education Act of 1965 (20

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

4 (P) Title VI of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 7311

6 et seq.).

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

8 and Secondary Education Act of 1965 (20

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

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

11 and Secondary Education Act of 1965 (20

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

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

14 and Secondary Education Act of 1965 (20

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

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

17 and Secondary Education Act of 1965 (20

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

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

20 and Secondary Education Act of 1965 (20

21 U.S.C. 8091 et seq.).

22 (V) Part F of title X of the Elementary

23 and Secondary Education Act of 1965 (20

24 U.S.C. 8141 et seq.).
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1 (W) Part G of title X of the Elementary

2 and Secondary Education Act of 1965 (20

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

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

5 and Secondary Education Act of 1965 (20

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

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

8 and Secondary Education Act of 1965 (20

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

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

11 and Secondary Education Act of 1965 (20

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

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

14 and Secondary Education Act of 1965 (20

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

16 (BB) Part A of title XIII of the Elemen17 tary and Secondary Education Act of 1965 (20

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

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

21 U.S.C. 8671 et seq.).

22 (DD) Part B of title VII of the Stewart B.

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

24 11421 et seq.).

25 (3) TIMELINES.—
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1 (A) CENSUS DETERMINATION.—

2 (i) IN GENERAL.—Not later than 21

3 days after the beginning of an academic

4 year, each State shall conduct a census to

5 determine the number of kindergarten

6 through grade 12 students in the State for

7 the academic year.

8 (ii) SUBMISSION.—Each State shall

9 submit the number described in clause (i)

10 to the Secretary not later than February 1

11 of the academic year.

12 (B) PUBLICATION.—The Secretary shall

13 publish in the Federal Register not later than

14 March 15 of each fiscal year the amount each

15 State shall receive under this subsection for the

16 succeeding fiscal year.

17 (C) DISBURSAL.—The Secretary shall dis18 burse the amount awarded to a State under

19 this subsection for a fiscal year not later than

20 July 1 of the fiscal year.

21 (4) DETERMINATION OF AWARD.—From the

22 total amount made available under paragraph (2)

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

24 Secretary, using the information provided under

25 paragraph (3), shall award to each State an amount
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1 that bears the same relation to the total amount as

2 the number of kindergarten through grade 12 stu3 dents in the State for the academic year preceding

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

5 students in all States for the academic year.

6 (5) PENALTY.—If the Secretary determines

7 that a State has knowingly submitted false informa8 tion under paragraph (3) for the purpose of gaining

9 additional funds under paragraph (1), then the

10 State shall be fined an amount equal to twice the

11 difference between the amount the State received

12 under this subsection, and the correct amount the

13 State would have received if the State had submitted

14 accurate information under paragraph (3).

15 (6) HOLD HARMLESS.—

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

17 an award under this subsection—

18 (i) for fiscal year 1999 in an amount

19 that is less than the amount the State

20 would have received to carry out programs

21 or activities under the provisions of law de22 scribed in subparagraphs (A), (F), (I), (J),

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

24 fiscal year 1999;
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1 (ii) for fiscal year 2000 in an amount

2 that is less than 95 percent of the mini3 mum amount the State is eligible to receive

4 under clause (i) for fiscal year 1999;

5 (iii) for fiscal year 2001 in an amount

6 that is less than 90 percent of the mini7 mum amount the State is eligible to receive

8 under clause (ii) for fiscal year 2000;

9 (iv) for fiscal year 2002 in an amount

10 that is less than 85 percent of the mini11 mum amount the State is eligible to receive

12 under clause (iii) for fiscal year 2001; and

13 (v) for fiscal year 2003 in an amount

14 that is less than 80 percent of the mini15 mum amount the State is eligible to receive

16 under clause (iv) for fiscal year 2002.

17 (B) MULTIYEAR AWARDS.—The Secretary

18 shall use funds appropriated to carry out the

19 programs or activities under the provisions of

20 law described in paragraph (2) (other than sub21 paragraphs (A), (F), (I), (J), (L), (P) and

22 (DD) of paragraph (2)) to make payments to

23 eligible recipients under such provisions pursu24 ant to any multiyear award made under such
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1 provisions prior to the date of enactment of this

2 Act.

3 (b) PAYMENTS AND AVAILABILITY.—

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

5 under this subsection shall be paid to the Governor

6 of the State.

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

8 shall make the funds provided under this subsection

9 available to the individual or entity in the State that

10 is responsible for the State administration of Fed11 eral education funds pursuant to State law.

12 (c) USE OF STATE AWARDS.—

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

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

15 year, the State—

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

17 the amount to support programs or activities,

18 for kindergarten through grade 12 students,

19 that the State determines appropriate, of which

20 the State shall distribute 20 percent of the 5

21 percent to local educational agencies in the

22 State to pay the administrative expenses of the

23 local educational agencies that are associated

24 with the activities and services assisted under

25 this section; and
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1 (B) shall distribute not less than 95 per2 cent of the amount to local educational agencies

3 in the State for the fiscal year to enable the

4 local educational agencies to pay the costs of

5 activities or services, for kindergarten through

6 grade 12 students, that—

7 (i) the local educational agencies de8 termine appropriate; and

9 (ii) are provided in the classroom.

10 (2) CLASSROOM ACTIVITIES AND SERVICES.—

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

12 activities and services provided in the classroom—

13 (A) exclude the administrative expenses as14 sociated with the activities and services; and

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

16 nonadministrative expenses associated with

17 statewide or districtwide initiatives directly af18 fecting classroom learning.

19 (d) REGULATIONS.—

20 (1) IN GENERAL.—No head of a Federal de21 partment or agency other than the Secretary may

22 promulgate regulations under this section.

23 (2) CLASSROOM ACTIVITIES AND SERVICES.—

24 The Secretary of Education shall not issue any regu-
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1 lation regarding the type of classroom activities or

2 services that may be assisted under this section.

3 (e) REPORT.—Each Governor of a State receiving as4 sistance under this section shall prepare and submit, not

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

6 to the Committee on Labor and Human Resources of the

7 Senate and the Committee on Education and the Work8 force of the House of Representatives, a report that de9 scribes the classroom activities and services provided in

10 the State under this section.

11 SEC. 3. TITLE I FUNDING.

12 Section 1603 of the Elementary and Secondary Edu13 cation Act of 1965 (20 U.S.C. 6513) is amended by add14 ing at the end the following:

15 ‘‘(d) DOLLARS TO THE CLASSROOM.—

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

17 provision of law, from the funds made available to

18 a local educational agency under this part for a fis19 cal year, not less than 95 percent of the funds shall

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

21 ‘‘(A) the local educational agency deems

22 appropriate; and

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

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

4 ‘‘(A) exclude the administrative expenses

5 associated with the activities and services; and

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

7 nonadministrative expenses associated with

8 statewide or districtwide initiatives directly af9 fecting classroom learning.

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

11 date of enactment of the Dollars to the Classroom

12 Act, the Secretary shall—

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

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

16 available to local educational agencies under

17 this part are used for the costs of activities and

18 services provided in the classroom; and

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

21 Federal law that are needed for 95 percent of

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

3 Each local educational agency that receives funds

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

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

8 services under the Elementary and Secondary Education

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

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

11 8893, 8894, 8895, and 8896).

12 SEC. 5. DEFINITIONS.

13 In this Act—

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

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

17 U.S.C. 8801);

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

19 of Education; and

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

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

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

25 Islands.

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