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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3184 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3184

To make grants to States to implement statewide portal initiatives, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 24 (legislative day, June 23), 2008

   Mr. Kerry introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To make grants to States to implement statewide portal initiatives, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Teaching and Learning 
Through Education Portals Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 21st century skills.--The term ``21st century 
        skills''--
                    (A) means skills that students need to succeed in 
                school, work, and life; and
                    (B) includes--
                            (i) skills related either to core academic 
                        subjects or to 21st century themes;
                            (ii) learning and innovation skills, such 
                        as--
                                    (I) creativity and innovation;
                                    (II) critical thinking and problem 
                                solving; or
                                    (III) communication and 
                                collaboration; and
                            (iii) life and career skills to prepare 
                        students for the global economy, such as--
                                    (I) flexibility and adaptability;
                                    (II) productivity and 
                                accountability; or
                                    (III) leadership and 
                                responsibility.
            (2) Core academic subjects; educational agencies; schools; 
        state.--The terms ``core academic subjects'', ``elementary 
        school'', ``local educational agency'', ``secondary school'', 
        ``State'', and ``State educational agency'' have the meanings 
        given the terms in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) Covered educator.--The term ``covered educator'' means 
        a teacher, administrator, or other professional staff member, 
        at a covered school.
            (4) Covered parent.--The term ``covered parent'' means the 
        parent of a covered student.
            (5) Covered school.--The term ``covered school'' means a 
        Head Start agency operating a Head Start program, or a public 
        school that is a preschool, elementary school, secondary 
        school, or institution of higher education (including such an 
        institution offering a program leading to a baccalaureate 
        degree or a program leading to an advanced degree).
            (6) Covered student.--The term ``covered student'' means a 
        student at a covered school.
            (7) Covered teacher.--The term ``covered teacher'' means a 
        teacher at a covered school.
            (8) Education technology.--The term ``education 
        technology'' means any technology resource that improves the 
        learning, training, and engagement of students or helps 
        teachers learn, improve their knowledge, and practice.
            (9) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in sections 101 and 102 of the Higher Education Act of 
        1965 (20 U.S.C. 1001, 1002).
            (10) Professional development.--The term ``professional 
        development'' means a resource or training that increases a 
        teacher's skills, content knowledge, or other information that 
        has a positive impact on student learning.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 3. GRANTS.

    (a) In General.--The Secretary may award grants to eligible States, 
to pay for the Federal share of the cost of implementing and 
maintaining education portal initiatives.
    (b) Amounts.--The Secretary may award the grants for periods of not 
less than 1 year and not more than 3 years.
    (c) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be 50 percent.
            (2) Non-federal share.--The State may provide the non-
        Federal share of the cost in cash or in kind, fairly evaluated, 
        including plant, equipment, or services. The State may provide 
        the non-Federal share from State, local, or private sources.

SEC. 4. APPLICATIONS AND AWARDS.

    (a) In General.--To be eligible to receive a grant under this 
section for an initiative, a State shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    (b) Contents.--The application shall contain, at a minimum--
            (1) a comprehensive plan for the initiative for which the 
        State seeks the grant, including evidence that the initiative 
        meets the requirements of subsections (a) and (c) of section 5;
            (2) information describing how the State will provide the 
        non-Federal share of the cost described in section 3(a), and 
        will continue to provide that share during the implementation 
        of the initiative and the remainder of the grant period;
            (3) information describing how the State will meet the 
        maintenance of effort requirements in section 6;
            (4) information explaining the protocol the State will use 
        to ensure safe and legal access to the education portal;
            (5) an assurance that the State has established or will 
        establish an advisory panel, to provide advice on the 
        implementation and maintenance of the initiative, including 
        representatives of leaders in school districts, leaders at 
        institutions of higher education, State educational agencies, 
        parents, and teachers; and
            (6) a plan to ensure sufficient statewide bandwidth 
        capacity and systems access to implement and maintain the State 
        education portal.
    (c) Awards.--In determining the amounts of grants under this Act, 
the Secretary--
            (1) shall take into consideration the extent to which a 
        State has developed and implemented an education portal 
        initiative prior to the date of the submission of the 
        application involved; but
            (2) shall not penalize States that have made greater 
        progress in developing and implementing such initiatives.

SEC. 5. USE OF FUNDS.

    (a) Required Uses.--A State that receives a grant under this Act 
for a fiscal year shall use the funds made available through the grant 
to implement or maintain an education portal initiative that includes--
            (1) collecting and making available--
                    (A) high quality resources (including data, tools, 
                and digital media content) for covered educators, 
                covered students, and covered parents, that support 
                teaching, leading, and learning, and are, as 
                appropriate, aligned with State education standards; 
                and
                    (B) information for covered teachers to use in 
                assisting covered students to attain skills such as 
                21st century skills; and
            (2) collecting resources for ongoing and sustainable 
        professional development for covered educators, related to the 
        use of education technology, and making the resources available 
        through the implementation of research-based methods and 
        strategies for teacher coaching, collaborating, or mentoring.
    (b) Allowable Uses.--The State may use the funds made available 
through the grant for such an initiative, for a portal that--
            (1) gives covered educators access to formative assessment 
        and other resources to address various student learning styles, 
        needs, and achievement levels;
            (2) provides an entry point to other information or 
        services, including information on model examples of effective 
        classroom practices, subscriptions or data systems, content 
        standards, lesson plans, courses of study, engaging interactive 
        media, Web resources, e-mail list management software, online 
        portfolios, after-school program resources, and other 
        educational resources;
            (3) provides access to technology-based curriculum 
        resources and tools that promote the teaching and learning of 
        21st century skills;
            (4) enables covered educators to quickly search for lesson 
        plans, professional development resources, model examples of 
        effective classroom practices, or other resources, by content 
        standard, grade level, or topic;
            (5) provides an online support network or community for 
        covered educators to collaborate on and discuss teaching, 
        learning, curricula, and experiences, and serves as a 
        communication tool between covered educators and covered 
        parents;
            (6) includes digital media content developed by a 
        television public broadcasting entity in coordination with the 
        grant recipient; or
            (7) makes available access to 1 or more resource sections 
        of the education portal, subject to the protocol described in 
        section 4(b)(4), by covered education, covered students, and 
        covered parents, from other States (with no requirement for 
        State-specific log-ins), so that those covered educators, 
        covered students, and covered parents can benefit from 
        resources developed in the State, thereby expanding access to 
        the national learning community.
    (c) Provision of and Access to Resources.--The covered educators, 
covered students, and covered parents in the State may provide 
resources and information for the education portal, subject to the 
protocol described in section 4(b)(4). The resources and information in 
the education portal shall be accessible statewide by the educators, 
students, and parents, subject to the protocol.
    (d) Other Federal Funds.--A State that receives a grant under part 
A of title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) may use funds made available through that grant to 
maintain (but not implement) the State's education portal initiative 
under this Act, after the end of the period in which the State receives 
funding under this Act.
    (e) Conforming Amendment.--Section 2113(a) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6613(a)) is amended by 
striking ``A'' and inserting ``Subject to section 5 of the Empowering 
Teaching and Learning Through Education Portals Act, a''.

SEC. 6. MAINTENANCE OF EFFORT.

    (a) In General.--A State that receives a grant under this Act for a 
fiscal year shall maintain the expenditures of the State for education 
portal initiatives at a level not less than the level of such 
expenditures of the State for the fiscal year preceding the first 
fiscal year for which the State received such a grant.
    (b) Reduction.--If the Secretary determines that a State, during a 
fiscal year, expends less than the sum required to comply with 
subsection (a), the Secretary shall--
            (1) determine the difference between the required sum and 
        the expenditure; and
            (2) reduce the State's grant under this Act for the 
        following year by the amount of the difference.

SEC. 7. EVALUATIONS AND CONFERENCE.

    (a) Federal Evaluation.--The Secretary shall conduct an evaluation 
of each initiative funded under this Act. The Secretary shall submit a 
report containing the results of the evaluation to Congress.
    (b) Federal Conference.--Not less often than once every 2 years, 
the Secretary shall hold a conference for advisory panels described in 
section 4(b)(5), to share information on best practices relating to 
education portal initiatives.
    (c) State Evaluations.--Each State that receives a grant under this 
Act shall conduct an evaluation of the initiative funded under the 
grant, using funds provided as part of the non-Federal share of the 
costs described in section 3(a). The State shall prepare and submit to 
the Secretary a report containing the results of the evaluation.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$100,000,000 for each of fiscal years 2009 through 2012, and such sums 
as may be necessary for each of the following 2 fiscal years.

SEC. 9. SPECIAL RULES RELATING TO CORPORATE CHARITABLE CONTRIBUTIONS TO 
              EDUCATION PORTAL PROJECTS OF ELIGIBLE STATES.

    (a) In General.--Paragraph (2) of Section 170(b) of the Internal 
Revenue Code of 1986 (related to percentage limitations) is amended by 
redesignating subparagraphs (C) and (D), respectively, and by inserting 
after subparagraph (A) the following new subparagraph:
                    ``(B) Special rule for corporate contributions to 
                education portal projects of eligible states.--
                            ``(i) In general.--In the case of qualified 
                        education portal project contributions--
                                    ``(I) subparagraph (A) shall be 
                                applied separately with respect to such 
                                contributions and with respect to other 
                                charitable contributions of the 
                                taxpayer, and
                                    ``(II) in applying subparagraph (A) 
                                to such qualified education portal 
                                project contributions, subparagraph (A) 
                                shall be applied by substituting `50 
                                percent' for `10 percent'.
                            ``(ii) Qualified education portal project 
                        contribution.--For purposes of this paragraph, 
                        the term `qualified education portal project 
                        contribution' means a charitable contribution 
                        in cash--
                                    ``(I) to a State (as defined in 
                                section 2 of the Empowering Teaching 
                                and Learning Through Education Portals 
                                Act) which has a grant application 
                                approved under section 4 of such Act, 
                                and
                                    ``(II) for the purpose of paying 
                                the non-Federal share of the cost of 
                                implementing and maintaining education 
                                portal initiatives (within the meaning 
                                of section 3 of such Act).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to contributions made after the date of the enactment of this 
Act.
                                 <all>
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