II 

108TH CONGRESS 

2D SESSION S. 2164

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

local educational agencies in rural areas to obtain a limited waiver 

of certain requirements relating to the employment of highly qualified 

teachers. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2004

Mr. REID 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 authorize local educational agencies in rural 

areas to obtain a limited waiver of certain requirements 

relating to the employment of highly qualified teachers.

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 ‘‘Assisting America’s 

5 Rural Schools Act’’. 
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1 SEC. 2. RURAL WAIVER OF CERTAIN QUALIFICATIONS FOR 

2 TEACHERS. 

3 (a) IN GENERAL.—Section 1119(a) of the Elemen4 tary and Secondary Education Act of 1965 (20 U.S.C. 

5 6319(a)) is amended by adding at the end the following: 

6 ‘‘(4) AVAILABILITY OF WAIVER FOR RURAL

7 LOCAL EDUCATIONAL AGENCIES.—

8 ‘‘(A) NEW HIRES.—Upon application by a 

9 rural local educational agency, the Secretary 

10 may grant the agency the authority to defer, for 

11 a 1-year period beginning on the date any 

12 teacher who is new to the profession first begins 

13 employment with the agency as a middle or sec14 ondary school teacher, the application to such 

15 teacher of the requirement in section 

16 9101(23)(B)(ii) regarding demonstration of a 

17 high level of competency in each of the aca18 demic subjects in which the teacher teaches. 

19 During the deferral period, the teacher shall be 

20 considered to have satisfied such requirement if 

21 the teacher has demonstrated a high level of 

22 competency, in accordance with such section, in 

23 1 of the academic subjects in which the teacher 

24 teaches. 

25 ‘‘(B) EXISTING EMPLOYEES.—Upon appli26 cation by a rural local educational agency, the 
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1 Secretary may grant the agency the authority 

2 to defer, for a 1-year period beginning on the 

3 date any middle or secondary school teacher 

4 who is not new to the profession first begins 

5 teaching an academic subject that the teacher 

6 has not previously taught, the application to 

7 such teacher of the requirement in section 

8 9101(23)(C)(ii) regarding demonstration of 

9 competence in all of the academic subjects in 

10 which the teacher teaches. During the deferral 

11 period, the teacher shall be considered to have 

12 satisfied such requirement if the teacher has 

13 demonstrated competence, in accordance with 

14 such section, in 1 of the academic subjects in 

15 which the teacher teaches. 

16 ‘‘(C) TERMS AND CONDITIONS.—The Sec17 retary may, in the Secretary’s discretion, estab18 lish such terms and conditions on the authority 

19 granted to a rural local educational agency 

20 under this paragraph as the Secretary deter21 mines to be appropriate. 

22 ‘‘(D) DEFINITION.—For purposes of this 

23 paragraph, the term ‘rural local educational 

24 agency’ means a local educational agency with 

25 respect to which—
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1 ‘‘(i) each county in which a school 

2 served by the agency is located has a total 

3 population density of fewer than 10 per4 sons per square mile; or 

5 ‘‘(ii) all schools served by the agency 

6 are designated with a school locale code of 

7 7 or 8, as determined by the Secretary.’’. 

8 (b) REGULATIONS.—

9 (1) DEADLINE.—The Secretary of Education 

10 shall promulgate regulations to carry out the amend11 ment made by subsection (a) not later than 180 

12 days after the date of enactment of this Act. 

13 (2) APPLICATION PROCEDURES.—The regula14 tions promulgated pursuant to paragraph (1) shall 

15 specify procedures to be used by rural local edu16 cational agencies in submitting applications under 

17 section 1119(a)(4) of the Elementary and Secondary 

18 Education Act of 1965 (as added by subsection (a)). 

19 (3) ELIGIBILITY.—The regulations promulgated 

20 pursuant to paragraph (1) shall specify the criteria 

21 the Secretary of Education will use in—

22 (A) determining whether to grant a waiver 

23 under subparagraph (A) or (B) of section 

24 1119(a)(4) of the Elementary and Secondary 
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1 Education Act of 1965 (as added by subsection 

2 (a)); and 

3 (B) establishing terms and conditions 

4 under subparagraph (C) of such section.

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