II

106TH CONGRESS

1ST SESSION S. 1422

To amend the Elementary and Secondary Education Act of 1965 to improve

the quality of education and raise student achievement by strengthening

accountability, raising standards for teachers, rewarding success, and

providing better information to parents.

IN THE SENATE OF THE UNITED STATES

JULY 22, 1999

Mr. SCHUMER introduced the following bill; which was read twice and referred

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

A BILL

To amend the Elementary and Secondary Education Act

of 1965 to improve the quality of education and raise

student achievement by strengthening accountability,

raising standards for teachers, rewarding success, and

providing better information to parents.

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 ‘‘School Quality Counts

5 Act’’.
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1 TITLE I—STATE PLANS FOR IM2 PROVING BASIC PROGRAMS

3 OPERATED BY STATE AND

4 LOCAL EDUCATIONAL AGEN5 CIES.

6 SEC. 101. ACCOUNTABILITY.

7 (a) IN GENERAL.—Section 1111(b)(2) of the Ele8 mentary and Secondary Education Act of 1965 (20 U.S.C.

9 6311(b)(2)) is amended—

10 (1) in subparagraph (A)—

11 (A) by striking ‘‘and’’ at the end of clause

12 (i);

13 (B) by striking the period at the end of

14 clause (ii) and inserting ‘‘; and’’; and

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

16 ‘‘(iii) the State toward enabling all

17 children in schools receiving assistance

18 under this part to meet the State’s student

19 performance standards.’’;

20 (2) in subparagraph (B), by striking clauses (i)

21 and (ii) and inserting the following:

22 ‘‘(i) that establishes a single high

23 standard of performance for all students;

24 ‘‘(ii) that takes into account the

25 progress of all students of each local edu-
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1 cational agency and school served under

2 section 1114 or 1115;

3 ‘‘(iii) that compares the proportions of

4 students who are ‘not proficient’, ‘partially

5 proficient’, ‘proficient’, and ‘advanced’ at

6 the grade levels at which assessments are

7 conducted with the proportions of students

8 in each of the 4 categories at the same

9 grade level in the previous school year;

10 ‘‘(iv) that considers separately, within

11 each State, local educational agency, and

12 school, the performance and progress of

13 students by gender, by each major ethnic

14 and racial group, by English proficiency

15 status, by migrant status, by students with

16 disabilities as compared to nondisabled

17 students, and by economically disadvan18 taged students as compared to students

19 who are not economically disadvantaged

20 (except that such disaggregation shall not

21 be required in a case where the number of

22 students in a category is insufficient to

23 yield statistically reliable information or

24 the results would reveal individually identi-
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1 fiable information about an individual stu2 dent); and

3 ‘‘(v) that includes annual numerical

4 goals for improving the performance of all

5 groups specified in clause (iv) and nar6 rowing gaps in performance between these

7 groups.’’; and

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

9 ‘‘(C) The Secretary shall collect and review

10 the information from States on the adequate

11 yearly progress of schools and local educational

12 agencies required under subparagraphs (A) and

13 (B) for the purpose of determining State and

14 local compliance with section 1116.’’.

15 (b) REGULATIONS.—The Secretary shall promulgate

16 regulations and amendments to regulations to carry out

17 the amendments made by subsection (a) not later than

18 6 months after the date of the enactment of this Act and

19 shall review State plans submitted under section 1111 of

20 the Elementary and Secondary Education Act of 1965 be21 fore such date to determine their compliance with the reg22 ulations. The Secretary shall require States to revise their

23 plans if necessary to satisfy the requirements of the regu24 lations. Such revised plans shall be submitted to the Sec-
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1 retary for approval not later than 1 year after the date

2 of enactment of this Act.

3 SEC. 102. SCHOOL REPORT CARDS.

4 Section 1111(b) of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 6311(b)) is amended—

6 (1) by amending the subsection heading to read

7 as follows: ‘‘(b) STANDARDS, ASSESSMENTS, AND

8 ACCOUNTABILITY.—’’

9 (2) by redesignating paragraphs (4) through

10 (8) as paragraphs (6) through (10), respectively;

11 and

12 (3) by inserting after paragraph (3) the fol13 lowing:

14 ‘‘(4) DISSEMINATION OF RESULTS TO PAR15 ENTS.—Each State plan shall contain assurances

16 that, beginning in the 2001–2002 school year, and

17 annually thereafter, all schools served under this

18 part shall—

19 ‘‘(A) report the results of all assessments

20 described in paragraph (3) used to measure the

21 performance of a student attending the school

22 to each parent or legal guardian of the student;

23 ‘‘(B) report the results in a uniform and

24 understandable format;
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1 ‘‘(C) ensure that the reports are based on

2 the same assessments described in paragraph

3 (3);

4 ‘‘(D) include in the reports a description of

5 whether the student has demonstrated ‘ad6 vanced’, ‘proficient’, ‘partially proficient’, or

7 ‘not proficient’ levels of performance in each

8 subject area;

9 ‘‘(E) include in the reports—

10 ‘‘(i) a comparison of the proportions

11 of students enrolled in that school, in the

12 local educational agency, and in the State

13 who are ‘not proficient’, ‘partially pro14 ficient’, ‘proficient’, and ‘advanced’ in each

15 subject area, for each grade level at which

16 assessments are conducted, with propor17 tions in each of the same 4 categories at

18 the same grade levels in the previous

19 school year;

20 ‘‘(ii) the percentage of students in the

21 school on which the results in clause (i)

22 are based; and

23 ‘‘(iii) information, in the aggregate,

24 on the qualifications of classroom teachers

25 in the student’s school, including—
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1 ‘‘(I) the percentage of classroom

2 teachers in the school who meet all

3 State and local requirements to teach

4 at all grade levels and in all subject

5 areas in which they provide instruc6 tion;

7 ‘‘(II) in middle and secondary

8 schools, the percentage of classes

9 taught by teachers who do not have a

10 college major, or who have not passed

11 a rigorous subject area test, in the

12 subject being taught; and

13 ‘‘(III) the percentage of class14 room teachers in the school teaching

15 under ‘emergency’ or other provisional

16 credentials.

17 ‘‘(5) DISSEMINATION OF RESULTS TO THE PUB18 LIC.—Each State plan shall contain assurances that,

19 beginning in the 2001–2002 school year, and annu20 ally thereafter, each State shall—

21 ‘‘(A) ensure that overall student perform22 ance data on all assessments described in para23 graph (3) are compiled, published, and dissemi24 nated widely to the general public;
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1 ‘‘(B) ensure that the data includes a com2 parison of the proportions of students who are

3 ‘not proficient’, ‘partially proficient’, ‘pro4 ficient’, and ‘advanced’ at the grade levels at

5 which assessments are conducted with propor6 tions in each of the same 4 categories at the

7 same grade levels in the previous school year;

8 ‘‘(C) ensure that the data is disaggregated

9 within the State, local educational agency, and

10 school by gender, by each major racial and eth11 nic group, by English proficiency status, by mi12 grant status, by students with disabilities as

13 compared to nondisabled students, and by eco14 nomically disadvantaged students as compared

15 to students who are not economically disadvan16 taged (except that such disaggregation shall not

17 be required in a case where the number of stu18 dents in any category is insufficient to yield

19 statistically reliable information or the results

20 would reveal individually identifiable informa21 tion about an individual student);

22 ‘‘(D) ensure that the reports are—

23 ‘‘(i) distributed to local print and

24 broadcast media; and
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1 ‘‘(ii) posted on a web site on the

2 Internet.’’.

3 SEC. 103. TEACHER QUALITY.

4 Section 1111 of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 6311) is amended—

6 (1) by redesignating subsections (c) through (g)

7 as subsections (e) through (i), respectively; and

8 (2) by inserting after subsection (b) the fol9 lowing:

10 ‘‘(c) TEACHER QUALITY.—

11 ‘‘(1) DISSEMINATION TO PARENTS.—Each

12 State plan shall contain assurances that all schools

13 served under this part make available to each par14 ent, in a uniform and understandable format, infor15 mation on the qualifications of their child’s class16 room teachers with regard to the subject areas and

17 grade levels in which the teacher provides instruc18 tion. Such information shall include—

19 ‘‘(A) whether the teacher has met all State

20 qualification and licensing criteria for the grade

21 levels and subject areas in which the teacher

22 provides instruction;

23 ‘‘(B) whether the teacher is teaching under

24 ‘emergency’ or other provisional status;
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1 ‘‘(C) the college major of the teacher and

2 any other graduate certification or degree held

3 by the teacher, and the field or discipline of

4 each certification or degree.

5 ‘‘(2) SPECIAL PARENTAL NOTIFICATION.—Each

6 State plan shall contain assurances that—

7 ‘‘(A) the State shall ensure that all schools

8 served under this part notify in writing the par9 ents or guardians of any student who is receiv10 ing academic instruction from a teacher who

11 has not fully met all State requirements to pro12 vide instruction at the grade level at which, and

13 in the subject areas in which, the teacher is

14 providing instruction to the student;

15 ‘‘(B) the notification required under sub16 paragraph (A) shall be made—

17 ‘‘(i) to parents or guardians of any

18 student who is receiving instruction from a

19 teacher who has been exempted from State

20 qualification and licensing criteria or for

21 whom State qualification or licensing cri22 teria have been waived under ‘emergency’,

23 ‘provisional’, or other similar procedures;
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1 ‘‘(ii) not more than 15 days after the

2 student has been assigned to a teacher de3 scribed in the subparagraph; and

4 ‘‘(C) before being allowed to accept a

5 teaching assignment in the State, a teacher who

6 has not fully met all State requirements to pro7 vide instruction at a grade level or in a subject

8 area in which the teacher is to provide instruc9 tion is informed of the notification requirement

10 under this paragraph.

11 ‘‘(3) PUBLIC REPORTING.—Each State plan

12 shall contain assurances that the State shall compile,

13 aggregate, publish, distribute to major print and

14 broadcast media outlets throughout the State and

15 post on a web site on the Internet the information

16 described in paragraph (1) for each school, local

17 educational agency, and the State.

18 ‘‘(4) QUALIFICATIONS OF CERTAIN INSTRUC19 TIONAL STAFF.—

20 ‘‘(A) Each State plan shall contain assur21 ances that, not later than 2 years after the date

22 of the enactment of the School Quality Counts

23 Act—

24 ‘‘(i) all instructional staff who provide

25 services to students under section 1114 or
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1 1115 have demonstrated the subject mat2 ter knowledge, teaching knowledge, and

3 teaching skill necessary to teach effectively

4 in the content area or areas in which they

5 provide instruction, according to the cri6 teria described in this paragraph;

7 ‘‘(ii) except as provided in subpara8 graph (F), funds under this part may not

9 be used to support instructional staff who

10 provide services to students under section

11 1114 or 1115 for whom State qualification

12 or licensing requirements have been waived

13 or who are teaching under an ‘emergency’

14 or other provisional credential.

15 ‘‘(B) For purposes of subparagraph (A),

16 instructional staff who teach elementary school

17 students are required, at a minimum, to hold a

18 bachelor’s degree and demonstrate general

19 knowledge, teaching skill, and subject matter

20 knowledge required to teach effectively in read21 ing, writing, mathematics, social studies,

22 science, and other elements of a liberal arts

23 education.

24 ‘‘(C) For purposes of subparagraph (A),

25 instructional staff who teach in middle schools
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1 and secondary schools are required, at a min2 imum, to hold a bachelor’s degree or higher and

3 demonstrate a high level of competence in all

4 subject areas in which they teach through—

5 ‘‘(i) a high level of performance on

6 rigorous academic subject area tests; or

7 ‘‘(ii) completion of an academic major

8 in each of the subject areas in which they

9 provide instruction and at least a B aver10 age.

11 ‘‘(D) For purposes of subparagraph (A)

12 funds under this part may be used to employ

13 teacher aides or other paraprofessionals who do

14 not meet the requirements under subparagraphs

15 (B) and (C) only if such aides or

16 paraprofessionals—

17 ‘‘(i) provide instruction only when

18 under the direct and immediate super19 vision, and in the immediate presence, of

20 instructional staff who meet the criteria of

21 this paragraph; and

22 ‘‘(ii) possess particular skills nec23 essary to assist instructional staff in pro24 viding services to students served under

25 this Act.
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1 ‘‘(E) Each State plan shall contain assur2 ances that beginning on the date of the enact3 ment of the School Quality Counts Act, no

4 school served under this part may use funds re5 ceived under this Act to hire instructional staff

6 who do not fully meet all the criteria for in7 structional staff described in this paragraph.

8 ‘‘(F) Each State plan shall contain assur9 ances that not later than 6 months after the

10 date of the enactment of the School Quality

11 Counts Act, and annually thereafter, the prin12 cipal of each school served under this part shall,

13 in writing, attest to the fact that all members

14 of their instructional staff meet the require15 ments of this paragraph. In a case in which

16 there are instructional staff who have yet to

17 meet all requirements to provide instruction in

18 each of the subject areas and at each of the

19 grade levels to which they are assigned to teach,

20 the principal shall submit, in writing, a plan for

21 ensuring that not later than 2 years after the

22 date of the enactment of the School Quality

23 Counts Act all instructional staff will either

24 meet all requirements under this paragraph or
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1 will no longer provide instruction to students

2 served under this part.

3 ‘‘(G) For purposes of this paragraph, the

4 term ‘instructional staff’ includes any individual

5 who has responsibility for providing any student

6 or group of students with instruction in any of

7 the core academic subject areas, including read8 ing, writing, language arts, mathematics,

9 science, and social studies.

10 ‘‘(d) Each State plan shall describe how the State

11 educational agency will help each local educational agency

12 and school develop the capacity to comply with the require13 ments of this section.’’.

14 SEC. 104. QUALIFIED TEACHER IN EVERY CLASSROOM.

15 (a) IN GENERAL.—Title I of the Elementary and

16 Secondary Education Act of 1965 is amended by inserting

17 after section 1119 the following new section:

18 ‘‘SEC. 1119A. A QUALIFIED TEACHER IN EVERY CLASSROOM.

19 ‘‘(a) USES OF FUNDS.—In order to meet the goal

20 under section 1111(c)(4) of ensuring that all instructional

21 staff have the subject matter knowledge, teaching knowl22 edge, and teaching skill necessary to teach effectively in

23 the content area or areas in which they provide instruc24 tion, local educational agencies may, notwithstanding any

25 other provision of law, use funds received under title II,
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1 title VI, and section 307 of the Department of Education

2 Appropriations Act, 1999, the Higher Education Act of

3 1965, or the Goals 2000: Educate America Act—

4 ‘‘(1) to recruit fully qualified teachers, includ5 ing through the use of signing bonuses or other fi6 nancial incentives;

7 ‘‘(2) to collaborate with programs that recruit,

8 place, and train qualified teachers; or

9 ‘‘(3) to provide the necessary education and

10 training, including paying the costs of college tuition

11 and other student fees (for programs that meet the

12 criteria under section 203(2)(A)(i) of the Higher

13 Education Amendments of 1998), to help current

14 teachers or other school personnel who do not meet

15 these criteria attain the necessary qualifications and

16 licensing requirements, except that in order to qual17 ify for college tuition payments under this clause, an

18 individual must be within 2 years of completing an

19 undergraduate degree and must agree to teach for

20 at least 2 subsequent years after receiving such de21 gree in a school that—

22 ‘‘(A) is located in a local educational agen23 cy that is eligible in that academic year for as24 sistance under this title; and
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1 ‘‘(B) for that academic year, has been de2 termined by the Secretary to be a school in

3 which the enrollment of children counted under

4 section 1124(c) exceeds 50 percent of the total

5 enrollment of that school.

6 ‘‘(b) CORRECTIVE ACTION.—The State educational

7 agency shall take corrective action consistent with section

8 1116(c)(5)(B)(i), with the goal of meeting the require9 ments under this paragraph, against any local educational

10 agency that does not make sufficient effort to comply with

11 section 103 within the time specified. Such corrective ac12 tion shall be taken regardless of the conditions set forth

13 in section 1116(c)(5)(B)(ii). In a case in which the State

14 fails to take corrective action, the Secretary shall withhold

15 funds from such State up to an amount equal to that re16 served under sections 1003(a) and 1603(c).’’.

17 (b) INSTRUCTIONAL AIDES.—Section 1119 of Ele18 mentary and Secondary Education Act of 1965 is amend19 ed by striking subsection (i).

20 (c) CLERICAL AMENDMENT.—The table of sections

21 for the Elementary and Secondary Education Act of 1965

22 is amended by inserting after the item relating to section

23 1119 the following new item:

‘‘Sec. 1119A. A qualified teacher in every classroom.’’.
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1 SEC. 105. LIMITATION.

2 Part E of title XIV of the Elementary and Secondary

3 Education Act of 1965 is amended by adding at the end

4 the following:

5 ‘‘SEC. 14515. PROHIBITION REGARDING PROFESSIONAL DE6 VELOPMENT SERVICES.

7 ‘‘None of the funds provided under this Act may be

8 used for any professional development services for a teach9 er that are not directly related to the curriculum and con10 tent areas in which the teacher provides instruction.’’.

11 TITLE II—ACADEMIC ACHIEVE12 MENT AWARDS PROGRAM

13 SEC. 201. ACADEMIC ACHIEVEMENT AWARDS.

14 Subpart 1 of part A of title I of the Elementary and

15 Secondary Education Act of 1965 (20 U.S.C. 6311–6323)

16 is amended—

17 (1) by redesignating sections 1120, 1120A, and

18 1120B as sections 1120A, 1120B, and 1120C, re19 spectively; and

20 (2) by inserting after section 1119A, as added

21 by section 104 of this Act, the following:

22 ‘‘SEC. 1120. ACADEMIC ACHIEVEMENT AWARDS.

23 ‘‘(a) ESTABLISHMENT OF PROGRAMS.—Each State

24 receiving a grant under this title shall establish an Aca25 demic Achievement Awards Program to recognize and

26 reward—
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1 ‘‘(1) local educational agencies and schools that

2 operate programs under section 1114 or 1115 and

3 that demonstrate outstanding yearly progress, con4 sistent with section 1111(b)(2)(A), for 2 or more

5 consecutive years; and

6 ‘‘(2) teachers who provide instruction in such

7 programs.

8 ‘‘(b) RESERVATION.—Each State receiving a grant

9 under this title shall reserve, from the amount (if any)

10 by which the funds received by the State under this title

11 for the fiscal year exceed the amount received by the State

12 in the preceding fiscal year, 25 percent of such additional

13 amount (plus any additional amount the State may find

14 necessary to address a demonstrated need for an academic

15 achievement award program), for awards to local edu16 cational agencies, schools, and teachers of classes that

17 demonstrate outstanding yearly progress (consistent with

18 section 1111(b)(2)(B)) for 2 or more consecutive years.

19 ‘‘(c) TYPES OF AWARDS.—Each State shall use funds

20 reserved under this section to present financial awards

21 to—

22 ‘‘(1) the schools and local educational agencies

23 that the State determines have demonstrated the

24 greatest progress in improving student achievement

25 (consistent with section 1111(b)(2)(B)); and
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1 ‘‘(2) teachers who demonstrate the ability to

2 consistently help students make significant achieve3 ment gains, consistent with section 1111(b)(2)(B),

4 in the subject areas in which the teacher provides in5 struction.

6 ‘‘(d) CALCULATION OF AWARD AMOUNTS.—Award

7 amounts to local educational agencies and schools shall be

8 proportionate to the amount of aid such local educational

9 agency or school received under this part for the preceding

10 fiscal year. The amount awarded to a teacher that quali11 fies for an award under this section shall be uniform

12 throughout the State.

13 ‘‘(e) SPECIAL RULE.—Each State shall allocate not

14 less than 85 percent of funds reserved under subsection

15 (b) to schools that—

16 ‘‘(1) reside in a local educational agency that is

17 eligible in that academic year for assistance under

18 section 1124; and

19 ‘‘(2) for that academic year, have been deter20 mined by the Secretary to be a school in which the

21 enrollment of children counted under section 1124(c)

22 exceeds 50 percent of the total enrollment of that

23 school,

24 or to teachers providing instruction within such schools.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 such additional sums as may be necessary to supplement

4 the academic achievement awards program. Such funds

5 shall be allocated to a State in an amount proportionate

6 to the amount of aid such State received under this part

7 for the preceding fiscal year.’’.

8 TITLE III—CONFORMING

9 AMENDMENTS; EFFECTIVE DATE

10 SEC. 301. CONFORMING AMENDMENTS.

11 (a) SECTION 102 CONFORMING AMENDMENTS.—

12 (1) STANDARDS AND ASSESSMENTS.—Section

13 1111(b) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6311(b)) is

15 amended—

16 (A) in paragraph (1)(C), by striking

17 ‘‘paragraph (6)’’ and inserting ‘‘paragraph

18 (8)’’; and

19 (B) in paragraph (7)(A), by striking

20 ‘‘paragraph (6)(B)’’ and inserting ‘‘paragraph

21 (8)(B)’’.

22 (2) SCHOOL IMPROVEMENT.—Section

23 1116(c)(1)(C) of such Act (20 U.S.C.

24 6317(c)(1)(C)) is amended by striking ‘‘section
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1 1111(b)(7)(B)’’ and inserting ‘‘section

2 1111(b)(9)(B)’’.

3 (3) STATE REVIEW AND LOCAL EDUCATIONAL

4 AGENCY IMPROVEMENT.—Section 1116(d)(3)(A)(ii)

5 of such Act (20 U.S.C. 6317(d)(3)(A)) is amended

6 by striking ‘‘section 1111(b)(7)(B)’’ and inserting

7 ‘‘section 1111(b)(9)(B)’’.

8 (4) BUILDING CAPACITY FOR INVOLVEMENT.—

9 Section 1118(e)(1) of such Act (20 U.S.C.

10 6319(e)(1)) is amended by striking ‘‘section

11 1111(b)(8)’’ and inserting ‘‘section 1111(b)(10)’’.

12 (b) SECTION 103 CONFORMING AMENDMENTS.—Sec13 tion 1111(d)(1) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6311(d)(1)) is amended—

15 (1) in subparagraphs (C) and (E)(ii), by strik16 ing ‘‘and (c)’’ and inserting ‘‘and (e)’’; and

17 (2) in subparagraph (D), by striking ‘‘or (c)’’

18 and inserting ‘‘or (d)’’.

19 (c) SECTION 201 CONFORMING AMENDMENTS.—

20 (1) AUTHORIZATION OF APPROPRIATIONS.—

21 Section 1002 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6302) is amended—

23 (A) in subsection (a), by striking ‘‘section

24 1120(e)’’ and inserting ‘‘section 1120A(e)’’; and
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1 (B) in subsection (e), by striking ‘‘section

2 1120(e)’’ and inserting ‘‘section 1120A(e)’’.

3 (2) ADDITIONAL STATE ALLOCATIONS FOR

4 SCHOOL IMPROVEMENT.—Section 1003(b) of such

5 Act (20 U.S.C. 6303(b)) is amended by striking

6 ‘‘section 1120(e)’’ both places it appears and insert7 ing ‘‘section 1120A(e)’’.

8 (3) ASSURANCES.—Section 1112(c)(1)(F) of

9 such Act (20 U.S.C. 6312(c)(1)(F)) is amended by

10 striking ‘‘section 1120’’ and inserting ‘‘section

11 1120A’’.

12 (4) LOCAL EDUCATIONAL AGENCY DISCRE13 TION.—Section 1113(b)(1)(C)(i) of such Act (20

14 U.S.C. 6313(b)(1)(C)(i)) is amended by striking

15 ‘‘section 1120A(c)’’ and inserting ‘‘section

16 1120B(c)’’.

17 (5) ASSURANCES.—Section 1304(c)(2) of such

18 Act (20 U.S.C. 6394(c)(2)) is amended—

19 (A) by striking ‘‘section 1120’’ and insert20 ing ‘‘section 1120A’’; and

21 (B) by striking ‘‘section 1120A’’ and in22 serting ‘‘section 1120B’’.

23 (6) PROGRAMS AND PROJECTS.—Section

24 1415(a)(2)(C) of such Act (20 U.S.C.
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1 6435(a)(2)(C)) is amended by striking ‘‘section

2 1120A’’ and inserting ‘‘section 1120B’’.

3 (7) SUPPLEMENT, NOT SUPPLANT.—Section

4 1415(b) of such Act (20 U.S.C. 6435(b)) is amend5 ed by striking ‘‘section 1120A’’ and inserting ‘‘sec6 tion 1120B’’.

7 SEC. 302. EFFECTIVE DATE.

8 Except as otherwise provided, the amendments made

9 by this Act shall take effect on the date of the enactment

10 of this Act.

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