I
106TH CONGRESS
1ST SESSION
H. R. 1995
To amend the Elementary and Secondary Education Act of 1965 to empower
teachers, improve student achievement through high-quality professional
development for teachers, reauthorize the Reading Excellence Act, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 1999
Mr. MCKEON (for himself, Mr. HASTERT, Mr. ARMEY, Mr. WATTS of Okla-
homa, Mr. BLUNT, Ms. PRYCE of Ohio, Mr. GOODLING, Mr. CASTLE, Mr.
HOEKSTRA, Mr. BARRETT of Nebraska, Mr. SAM JOHNSON of Texas, Mr.
GRAHAM, Mr. MCINTOSH, Mr. NORWOOD, Mr. HILLEARY, Mr. FLETCH-
ER, Mr. ISAKSON, Mrs. NORTHUP, Mr. CUNNINGHAM, and Mr. HILL of
Montana) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Armed Services, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to empower teachers, improve student achieve-
ment through high-quality professional development for
teachers, reauthorize the Reading Excellence Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Teacher Empowerment
Act’’.
SEC. 2. TEACHER EMPOWERMENT.
(a) IN GENERAL.—Title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.) is amended—
(1) by striking the heading for title II and in-
serting the following:
‘‘TITLE II—TEACHER QUALITY’’;
(2) by repealing sections 2001 through 2003;
and
(3) by amending part A to read as follows:
‘‘PART A—TEACHER EMPOWERMENT
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this part is to provide grants to
States and localities in order to assist their efforts to in-
crease student academic achievement through such strate-
gies as improving teacher quality.
‘‘Subpart 1—Grants to States
‘‘SEC. 2011. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State that
in accordance with section 2013 submits to the Secretary
an application for a fiscal year, the Secretary shall make
a grant for the year to the State for the uses specified
in section 2012. The grant shall consist of the allotment
determined for the State under subsection (b).
‘‘(b) DETERMINATION
OF
AMOUNT
OF
ALLOT-
MENT.—
‘‘(1) RESERVATION
OF
FUNDS.—From the
amount made available to carry out this subpart for
any fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent for allotments for the
Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying
areas on the basis of their relative need, as de-
termined by the Secretary in accordance with
the purpose of this part; and
‘‘(B) 1⁄2 of 1 percent for the Secretary of
the Interior for programs under this part for
professional development activities for teachers,
other staff, and administrators in schools oper-
ated or funded by the Bureau of Indian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the total amount made avail-
able to carry out this subpart for any fiscal
year and not reserved under paragraph (2), the
Secretary shall allot to each of the 50 States,
the District of Columbia, and the Common-
wealth of Puerto Rico an amount as follows:
‘‘(i) 50 percent of such total amount
shall be allocated among such States on
the basis of their relative populations of in-
dividuals aged 5 through 17, as determined
by the Secretary on the basis of the most
recent satisfactory data.
‘‘(ii) 50 percent of such total amount
shall be allocated among such States in
proportion to the number of children, aged
5 to 17, who reside within the State from
families with incomes below the poverty
line (as defined by the Office of Manage-
ment and Budget and revised annually in
accordance with section 673(2) of the
Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of
the size involved for the most recent fiscal
year for which satisfactory data are avail-
able, compared to the number of such indi-
viduals who reside in all such States for
that fiscal year.
‘‘(B) EXCEPTION.—No State receiving an
allotment under subparagraph (A) may receive
less than 1⁄2 of 1 percent of the total amount
made available to carry out this subpart for any
fiscal year and not reserved under paragraph
(1).
‘‘(3) REALLOTMENT.—If any State does not
apply for an allotment under this subsection for any
fiscal year, the Secretary shall reallot such amount
to the remaining States in accordance with this sub-
section.
‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS.
‘‘(a) USE OF FUNDS.—Each State receiving a grant
under this subpart shall use the funds provided under the
grant in accordance with this section to carry out activities
for the improvement of teaching and learning.
‘‘(b) 
REQUIRED
AND
AUTHORIZED
EXPENDI-
TURES.—
‘‘(1) REQUIRED
EXPENDITURES.—The Sec-
retary may make a grant to a State under this sub-
part only if the State agrees to expend at least—
‘‘(A) 95 percent of the amount of the
funds provided under the grant for the purpose
of making subgrants to local educational agen-
cies under subpart 3; and
‘‘(B) 2.5 percent of the amount of the
funds provided under the grant for the purpose
of making subgrants to eligible partnerships
under subpart 2 (of which percent, up to 5 per-
cent may be used for planning and administra-
tion related to carrying out such purpose).
‘‘(2) AUTHORIZED
EXPENDITURES.—A State
that receives a grant under this subpart may expend
not more than 2.5 percent of the amount of the
funds provided under the grant for one or more of
the authorized State activities described in sub-
section (d) (of which percent, the State may use up
to 5 percent for planning and administration related
to carrying out such activities and making subgrants
to local educational agencies under subpart 3).
‘‘(c) DISTRIBUTION OF SUBGRANTS TO LOCAL EDU-
CATIONAL AGENCIES.—
‘‘(1) FORMULA FOR 80 PERCENT OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a State receiving a grant
under this subpart shall distribute 80 percent
of the amount described in subsection (b)(1)(A)
through a formula under which—
‘‘(i) 50 percent is allocated to local
educational agencies in accordance with
the relative enrollment in public and pri-
vate nonprofit elementary and secondary
schools within the boundaries of such
agencies; and
‘‘(ii) 50 percent is allocated to local
educational agencies in proportion to the
number of children, aged 5 to 17, who re-
side within the geographic area served by
such agency from families with incomes
below the poverty line (as defined by the
Office of Management and Budget and re-
vised annually in accordance with section
673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable
to a family of the size involved for the
most recent fiscal year for which satisfac-
tory data are available, compared to the
number of such individuals who reside in
the geographic areas served by all the local
educational agencies in the State for that
fiscal year.
‘‘(B) ALTERNATIVE
FORMULA.—A State
may increase the percentage described in sub-
paragraph (A)(ii) (and commensurately de-
crease the percentage described in subpara-
graph (A)(i)).
‘‘(2) 
DISTRIBUTION
OF
PERCENT
OF
FUNDS.—A State receiving a grant under this sub-
part shall distribute 20 percent of the amount de-
scribed in subsection (b)(1)(A) through a competi-
tive process.
‘‘(d) AUTHORIZED STATE ACTIVITIES.—The author-
ized State activities referred to in subsection (b)(2) are
the following:
‘‘(1) Reforming teacher certification, recertifi-
cation, or licensure requirements to ensure that—
‘‘(A) teachers have the necessary teaching
skills and academic content knowledge in the
subject areas in which they are assigned to
teach;
‘‘(B) they are aligned with the State’s
challenging State content standards; and
‘‘(C) teachers, principals, and administra-
tors have the knowledge and skills necessary to
help students meet challenging State student
performance standards.
‘‘(2) Carrying out programs that—
‘‘(A) include support during the initial
teaching experience; and
‘‘(B) establish, expand, or improve alter-
native routes to State certification of teachers
for highly qualified individuals with a bacca-
laureate degree, including mid-career profes-
sionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college graduates with records of academic dis-
tinction.
‘‘(3) Developing and implementing effective
mechanisms to assist local educational agencies and
schools in effectively recruiting highly qualified
teachers.
‘‘(4) Reforming tenure systems and imple-
menting teacher testing and procedures to expedi-
tiously remove incompetent or unqualified teachers.
‘‘(5) Developing enhanced performance systems
to measure the effectiveness of specific professional
development programs and strategies.
‘‘(6) Providing technical assistance to local edu-
cational agencies consistent with this part.
‘‘(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States.
‘‘(8) Developing or assisting local educational
agencies or eligible partnerships (as defined in sec-
tion 2021(d)) in the development and utilization of
proven, innovative strategies to deliver intensive pro-
fessional development programs that are both cost-
effective and easily accessible, such as through the
use of technology and distance learning.
‘‘(e) COORDINATION.—States receiving grants under
section 202 of the Higher Education Act of 1965, shall
coordinate the use of such funds with activities carried out
under this section.
‘‘(f) PUBLIC ACCOUNTABILITY.—
‘‘(1) IN
GENERAL.—A State that receives a
grant under this part—
‘‘(A) in the event the State provides public
State report cards on education, shall include in
such report cards—
‘‘(i) the percentage of classes in core
academic subject areas that are taught by
out-of-field teachers; and
‘‘(ii) the average statewide class size;
or
‘‘(B) in the event the State provides no
such report card, shall disseminate to the public
the information described in clauses (i) and (ii)
of subparagraph (A) through other means.
‘‘(2) PUBLIC AVAILABILITY.—Such information
shall be made widely available to the public, includ-
ing parents and students, through major print and
broadcast media outlets throughout the State.
‘‘SEC. 2013. APPLICATIONS BY STATES.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this subpart, a State shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably
require.
‘‘(b) CONTENTS.—Each application under this sec-
tion shall include the following:
‘‘(1) A description of how the State will ensure
that a local educational agency receiving a subgrant
under subpart 3 will comply with the requirements
of such subpart, including the required use of funds
for mathematics and science programs, professional
development, and hiring teachers to reduce class
size.
‘‘(2) A description of the specific performance
indicators the State will use (including an identifica-
tion of how such performance indicators will be
measured and reported) for each local educational
agency to measure the annual progress of activities
funded under subpart 3 in increasing—
‘‘(A) student academic achievement; and
‘‘(B) teacher quality, as demonstrated
through a reduction in the number of out-of-
field teachers in the classroom.
‘‘(3) A description of the bonus incentives, if
any, that will be provided to local educational agen-
cies that exceed a level of improvement established
by the State based on such performance indicators,
and actions the State will take in the event a local
educational agency fails to meet or make progress
toward such level of improvement.
‘‘(4) A description of how the State will coordi-
nate professional development activities authorized
under this part with professional development activi-
ties provided under other Federal, State, and local
programs, including those authorized under title I,
title III, title IV, part A of title VII, and (where ap-
plicable) the Individuals with Disabilities Education
Act and the Carl D. Perkins Vocational and Tech-
nical Education Act. The description shall include
information on the use of technology to improve
teaching and learning.
‘‘(5) A description of how the State will encour-
age the development of proven, innovative strategies
to deliver intensive professional development pro-
grams that are both cost-effective and easily acces-
sible, such as through the use of technology and dis-
tance learning.
‘‘(c) APPLICATION SUBMISSION.—A State application
submitted to the Secretary under this section shall be ap-
proved by the Secretary unless the Secretary makes a
written determination, within 90 days after receiving the
application, that the application is in violation of the provi-
sions of this Act.
‘‘Subpart 2—Subgrants to Eligible Partnerships
‘‘SEC. 2021. PARTNERSHIP GRANTS.
‘‘(a) IN GENERAL.—From the amount described in
section 2012(b)(1)(B), the State agency for higher edu-
cation, working in conjunction with the State educational
agency (if such agencies are separate), shall award grants
on a competitive basis to eligible partnerships to enable
such partnerships to carry out activities described in sub-
section (b).
‘‘(b) USE OF FUNDS.—A recipient of funds under
this section shall use the funds for—
‘‘(1) professional development activities in core
academic subjects to ensure that teachers have con-
tent knowledge in the subjects they teach; and
‘‘(2) developing and providing assistance to
local educational agencies and the teachers, prin-
cipals, and administrators, of each such agency, for
sustained, high-quality professional development ac-
tivities.
‘‘(c) SPECIAL RULE.—No single participant in an eli-
gible partnership may retain more than 50 percent of the
funds made available to the partnership under this section.
‘‘(d) ELIGIBLE PARTNERSHIPS.—As used in this sec-
tion, the term ‘eligible partnerships’ means an entity
that—
‘‘(1) shall include—
‘‘(A) a high-need local educational agency;
‘‘(B) a school of arts and sciences; and
‘‘(C) an institution that prepares teachers;
and
‘‘(2) may include other local educational agen-
cies, a public charter school, a public or private ele-
mentary or secondary school, an educational service
agency, a public or private nonprofit educational or-
ganization, or a business.
‘‘(e) COORDINATION.—Partnerships receiving grants
under section 203 of the Higher Education Act of 1965
shall coordinate the use of such funds with any related
activities carried out by such partnership with funds made
available under this section.
‘‘Subpart 3—Subgrants to Local Educational
Agencies
‘‘SEC. 2031. LOCAL USE OF FUNDS.
‘‘(a) REQUIRED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Each local educational
agency that receives a subgrant under this subpart
shall use the subgrant to carry out the activities de-
scribed in this subsection.
‘‘(2) MATHEMATICS AND SCIENCE.—
‘‘(A) IN GENERAL.—Of the amount made
available to each local educational agency under
this subpart for a fiscal year, the agency shall
use not less than the amount provided to the
agency under section 2206(b) of this Act (as in
effect on the day before the date of the enact-
ment of the Teacher Empowerment Act) for the
fiscal year preceding such enactment for profes-
sional development activities in mathematics
and science in accordance with section 2033.
‘‘(B) WAIVER.—
‘‘(i) 
APPLICATION.—A 
local 
edu-
cational agency may seek a waiver of the
requirement in subparagraph (A) from a
State in order to allow the local edu-
cational agency to use such funds for pro-
fessional development in academic subjects
other than mathematics and science.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver un-
less the local educational agency is able to
demonstrate that—
‘‘(I) the professional development
needs of mathematics and science
teachers, including elementary teach-
ers responsible for teaching mathe-
matics and science, have been ade-
quately met;
‘‘(II) State assessments in math-
ematics or science demonstrate that
each school within the local edu-
cational agency has made progress to-
ward meeting the challenging State or
local content standards and student
performance standards in these areas;
and
‘‘(III) State assessments in other
academic subjects demonstrate a need
to focus on subjects other than mathe-
matics and science.
‘‘(iii) GRANDFATHER
OF
OLD
WAIV-
ERS.—A waiver provided to a local edu-
cational agency under part D of title XIV
prior to the date of the enactment of the
Teacher 
Empowerment 
Act 
shall 
be
deemed effective until such time as it oth-
erwise would have ceased to be effective.
‘‘(3) PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—Each local educational agency that receives a
subgrant under this subpart shall use a portion of
such funds for professional development activities
that give teachers, principals, and administrators the
knowledge and skills to provide students with the op-
portunity to meet challenging State or local content
standards and student performance standards. Such
activities shall be consistent with sections 2033 and
2034.
‘‘(4) HIRING TEACHERS.—
‘‘(A) IN GENERAL.—Each local educational
agency that receives a subgrant under this sub-
part shall use a portion of such funds for re-
cruiting, hiring, and training certified teachers,
including teachers certified through State and
local alternative routes, in order to reduce class
size.
‘‘(B) SPECIAL
RULE
FOR
SPECIAL
EDU-
CATION TEACHERS.—Notwithstanding subpara-
graph (A), a local educational agency may use
some or all of the funds described in such sub-
paragraph to hire special education teachers re-
gardless of whether such action reduces class
size.
‘‘(C) WAIVER.—
‘‘(i) 
APPLICATION.—A 
local 
edu-
cational agency may seek a waiver of the
requirement in subparagraph (A) from a
State in order to allow the local edu-
cational agency to use such funds for pur-
poses other than hiring teachers in order
to reduce class size.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver un-
less the local educational agency is able to
demonstrate that—
‘‘(I) such funds will be used to
ensure that all instructional staff have
the subject matter knowledge, teach-
ing knowledge, and teaching skills
necessary to teach effectively in the
content area or areas in which they
provide instruction; or
‘‘(II) an initiative to reduce class
size would result in having to rely on
underqualified teachers, inadequate
classroom space, or would have any
other negative consequence affecting
the efforts of the local educational
agency to improve student academic
achievement.
‘‘(b) ALLOWABLE
ACTIVITIES.—Each local edu-
cational agency that receives a subgrant under this sub-
part may use the subgrant to carry out the following ac-
tivities:
‘‘(1) Initiatives to assist recruitment of highly
qualified teachers, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives for teachers to teach in aca-
demic subject areas in which there exists a
shortage of such teachers within the school or
local educational agency;
‘‘(B) establishing programs that—
‘‘(i) recruit professionals from other
fields and provide such professionals with
alternative routes to teacher certification;
and
‘‘(ii) provide increased opportunities
for minorities, individuals with disabilities,
and other individuals underrepresented in
the teaching profession; and
‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a
way to expand the applicant pool, such as
through identifying teachers certified through
alternative routes, coupled with a system of in-
tensive screening designed to hire the most
qualified applicant.
‘‘(2) Initiatives to promote retention of highly
qualified teachers, including—
‘‘(A) programs that provide mentoring to
newly hired teachers, such as from master
teachers; or
‘‘(B) programs that provide other incen-
tives for highly qualified teachers to remain in
the classroom.
‘‘(3) Programs and activities that are designed
to improve the quality of the teacher force, such
as—
‘‘(A) innovative professional development
programs (which may be through partnerships
including institutions of higher education), in-
cluding programs that train teachers to utilize
technology to improve teaching and learning,
that are consistent with the requirements of
section 2033;
‘‘(B) development and utilization of prov-
en, cost-effective strategies for the delivery of
professional development activities, such as
through the utilization of technology and dis-
tance learning;
‘‘(C) tenure reform;
‘‘(D) merit pay;
‘‘(E) testing of elementary and secondary
school teachers in the subject areas taught by
such teachers;
‘‘(F) professional development programs
that provide instruction in how to teach chil-
dren with different learning styles, particularly
children with disabilities and children with spe-
cial learning needs; and
‘‘(G) professional development programs
that provide instruction in how best to dis-
cipline children in the classroom and identify
early and appropriate interventions to help such
children learn.
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seek-
ing to receive a subgrant from a State under this subpart
shall submit an application to the State—
‘‘(1) at such time as the State shall require;
and
‘‘(2) which is coordinated with other programs
under this Act, or other Acts, as appropriate.
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a
minimum, the following:
‘‘(1) A description of the how the local edu-
cational agency intends to use funds provided under
this subpart, including an assurance that the local
educational agency will meet the requirements for
the use of funds for mathematics and science pro-
grams, professional development, and hiring teachers
to reduce class size under section 2031.
‘‘(2) An assurance that the local educational
agency will target funds to schools within the juris-
diction of the local educational agency that—
‘‘(A) have the highest proportion of out-of-
field teachers;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(c).
‘‘(3) A description of how the local educational
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
sional development activities provided through other
Federal, State, and local programs, including those
authorized under title I, title III, title IV, part A of
title VII, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act.
‘‘(4) A description of how the local educational
agency will integrate funds under this subpart with
funds received under title III that are used for pro-
fessional development to train teachers in how to use
technology to improve learning and teaching.
‘‘(c) PARENTS’ RIGHT-TO-KNOW.—A local edu-
cational agency that receives funds under this subpart
shall provide, upon request and in an understandable and
uniform format, to any parent of a student attending any
school receiving funds under this subpart, information re-
garding the professional qualifications of the student’s
classroom teachers, including, at a minimum, the fol-
lowing:
‘‘(1) Whether the teacher has met State quali-
fication and licensing criteria for the grade levels
and subject areas in which the teacher provides in-
struction.
‘‘(2) Whether the teacher is teaching under
‘emergency’ or other provisional status through
which State qualification or licensing criteria have
been waived.
‘‘(3) The college major of the teacher and any
other graduate certification or degree held by the
teacher, and the field or discipline of the certifi-
cation or degree.
‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) LIMITATION RELATING TO CURRICULUM AND
CONTENT AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), professional development funds under this
subpart may not be provided for a teacher and an
activity if the activity is not—
‘‘(A) directly related to the curriculum and
content areas in which the teacher provides in-
struction; or
‘‘(B) designed to enhance the teaching of
such areas.
‘‘(2) EXCEPTION.—Paragraph (1) does not
apply to funds for professional development activities
that instruct in methods of disciplining children.
‘‘(b) OTHER REQUIREMENTS.—Professional develop-
ment activities funded under this subpart—
‘‘(1) shall be measured, in terms of progress,
using the specific performance indicators established
by the State in accordance with section 2013(b)(2);
‘‘(2) shall be tied to challenging State or local
content standards and student performance stand-
ards;
‘‘(3) shall be tied to scientifically based research
demonstrating the effectiveness of such program in
increasing student achievement or substantially in-
creasing the knowledge and teaching skills of such
teachers;
‘‘(4) shall be of sufficient intensity and duration
(such as generally not to include 1-day or short-term
workshops and conferences) to have a positive and
lasting impact on the teacher’s performance in the
classroom; and
‘‘(5) shall be developed with extensive participa-
tion of teachers, principals, and administrators of
schools to be served under this part.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency is on notice of
the possibility that the agency may be subject to the
requirement in paragraph (3) if, after any fiscal
year, the State determines that the programs or ac-
tivities funded by the agency fail to meet the re-
quirements of subsections (a) and (b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has been put on notice pursu-
ant to paragraph (1) may request technical assist-
ance from the State in order to provide the oppor-
tunity for such local educational agency to comply
with the requirements of subsections (a) and (b).
‘‘(3) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency
that has been put on notice by the State pursuant
to paragraph (1) during any 2 consecutive fiscal
years shall expend under section 2034 for the suc-
ceeding fiscal year a proportion of the amount made
available to the agency under this subpart equal to
the proportion of such amount expended by the
agency on professional development for the second
fiscal year in which it was put on notice.
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS.
‘‘(a) IN GENERAL.—A local educational agency re-
ceiving funds under this subpart may (or, in the case of
a local educational agency described in section 2033(c)(3),
shall) provide funds directly to a teacher or a group of
teachers seeking opportunities to participate in a profes-
sional development activity of their choice.
‘‘(b) NOTICE
TO
TEACHERS.—Local educational
agencies distributing funds under this section shall estab-
lish and implement a timely process through which proper
notice of availability of funds will be given to all teachers
within schools identified by the agency and shall develop
a process whereby teachers will be specifically rec-
ommended by principals to participate in such program
by virtue of—
‘‘(1) their lack of full certification to teach in
the subject or subjects in which they teach; or
‘‘(2) their need for additional assistance to en-
sure that their students make progress toward meet-
ing challenging State content standards and student
performance standards.
‘‘(c) SELECTION OF TEACHERS.—In the event ade-
quate funding is not available to provide payments under
this section to all teachers seeking such assistance, or
identified as needing such assistance pursuant to sub-
section (b), a local educational agency shall establish pro-
cedures for selecting teachers which provide a priority for
those teachers described in paragraph (1) or (2) of sub-
section (b).
‘‘(d) ELIGIBLE PROGRAM.—Teachers receiving a pay-
ment under this section shall have the choice of attending
any professional development program that meets the cri-
teria set forth in subsection (a) or (b) of section 2033.
‘‘Subpart 4—National Activities
‘‘SEC. 2041. ALTERNATIVE ROUTES TO TEACHING.
‘‘(a) TEACHER EXCELLENCE ACADEMIES.—
‘‘(1) IN GENERAL.—The Secretary may award
grants on a competitive basis to eligible consortia to
carry out activities described in this subsection.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—An eligible consortium
receiving funds under this subsection shall use
the funds to pay the costs associated with the
establishment or expansion of a teacher acad-
emy in an elementary or secondary school facil-
ity that carries out the activities promoting al-
ternative routes to State teacher certification
specified in subparagraph (B), the model pro-
fessional development activities specified in sub-
paragraph (C), or all such activities.
‘‘(B) PROMOTING
ALTERNATIVE
ROUTES
TO
TEACHER
CERTIFICATION.—The activities
promoting alternative routes to State teacher
certification specified in this subparagraph are
the design and implementation of a course of
study and activities providing an alternative
route to State teacher certification that—
‘‘(i) provide opportunities to highly
qualified individuals with a baccalaureate
degree, including mid-career professionals
from other occupations, paraprofessionals,
former military personnel, and recent col-
lege graduates with records of academic
distinction;
‘‘(ii) provide stipends, for not more
than 2 years, to permit individuals de-
scribed in clause (i) to participate as stu-
dent teachers able to fill teaching needs in
academic subjects in which there is a dem-
onstrated shortage of teachers;
‘‘(iii) provide for the recruitment and
hiring of master teachers to mentor and
train student teachers within such acad-
emies; and
‘‘(iv) include a reasonable service re-
quirement for individuals completing the
alternative certification program estab-
lished by the consortium.
‘‘(C) MODEL
PROFESSIONAL
DEVELOP-
MENT.—The model professional development
activities specified in this subparagraph are ac-
tivities providing ongoing professional develop-
ment opportunities for teachers, such as—
‘‘(i) innovative programs and model
curricula in the area of professional devel-
opment which may serve as models to be
disseminated to other schools and local
educational agencies; and
‘‘(ii) developing innovative techniques
for evaluating the effectiveness of profes-
sional development programs.
‘‘(3) PRIORITY.—The Secretary shall award not
less than 1 grant to a consortium that—
‘‘(A) includes a high-need local educational
agency located in a rural area; and
‘‘(B) proposes the extensive use of distance
learning in order to provide the applicable
course work to student teachers.
‘‘(4) SPECIAL RULE.—No single participant in
an eligible consortium may retain more than 50 per-
cent of the funds made available to the consortium
under this subsection.
‘‘(5) APPLICATION.—To be eligible to receive a
grant under this subsection, an eligible consortium
shall submit an application to the Secretary at such
time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(6) ELIGIBLE
CONSORTIUM.—In this sub-
section, the term ‘eligible consortium’ means a con-
sortium for a State that—
‘‘(A) shall include—
‘‘(i) the State agency responsible for
certifying teachers;
‘‘(ii) not less than 1 high-need local
educational agency;
‘‘(iii) a school of arts and sciences;
and
‘‘(iv) an institution that prepares
teachers; and
‘‘(B) may include local educational agen-
cies, public charter schools, public or private el-
ementary or secondary schools, educational
service agencies, public or private nonprofit
educational organizations, museums, or busi-
nesses.
‘‘(b) CONTINUATION OF TROOPS-TO-TEACHERS PRO-
GRAM.—
‘‘(1) PURPOSE.—It is the purpose of this sub-
section to authorize the continuation after Sep-
tember 30, 1999, of the teachers and teachers’ aide
placement program known as the ‘troops-to-teachers
program’, which was established by the Secretary of
Defense, and the Secretary of Transportation with
respect to the Coast Guard, under section 1151 of
title 10, United States Code.
‘‘(2) TRANSFER OF FUNDS TO CONTINUE PRO-
GRAM.—Subject to the requirements of this sub-
section, the Secretary of Education may provide a
transfer of funds to the Defense Activity for Non-
Traditional Education Support of the Department of
Defense to permit the Defense Activity to carry out
the troops-to-teachers program under section 1151
of title 10, United States Code, notwithstanding the
termination date specified in subsection (c)(1)(A) of
such section.
‘‘(3) DEFENSE AND COAST GUARD CONTRIBU-
TION.—The Secretary of Education may not make a
transfer of funds under paragraph (2) unless the
Secretary of Defense, and the Secretary of Trans-
portation with respect to the Coast Guard, agree to
cover not less than 25 percent of the costs associ-
ated with the activities conducted under the troops-
to-teachers program. The contributions may be in
the form of in-kind contributions or cash expendi-
tures, which may include the use of private contribu-
tions made for purposes of the program.
‘‘(4) ELIGIBLE
MEMBERS.—After September
30, 1999, the troops-to-teachers program shall have
a primary focus of recruiting members of the Armed
Forces who are retiring after not less than 20 years
of active duty.
‘‘(5) PLACEMENT PRIORITY.—The Defense Ac-
tivity for Non-Traditional Education Support shall
cooperate with the Department of Education in ef-
forts to notify high-need local educational agencies
of the services available to them under the troops-
to-teachers program.
‘‘SEC. 2042. NATIONAL WRITING PROJECT.
‘‘The Secretary may make a grant to the National
Writing Project, a nonprofit educational organization
which has as its primary purpose the improvement of the
quality of student writing and learning and the teaching
of writing as a learning process in the Nation’s class-
rooms.
‘‘SEC. 2043. EISENHOWER NATIONAL CLEARINGHOUSE FOR
MATHEMATICS AND SCIENCE EDUCATION.
‘‘The Secretary may award a grant or contract, in
consultation with the Director of the National Science
Foundation, to continue the Eisenhower National Clear-
inghouse for Mathematics and Science Education.
‘‘Subpart 5—Funding
‘‘SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) FISCAL YEAR 2000.—For the purpose of car-
rying out this part, there are authorized to be appro-
priated $2,060,000,000 for fiscal year 2000, of which
$20,000,000 are authorized to be appropriated to carry
out subpart 4.
‘‘(b) OTHER FISCAL YEARS.—For the purpose of
carrying out this part, there are authorized to be appro-
priated such sums as may be necessary for fiscal years
2001 through 2004.
‘‘Subpart 6—General Provisions
‘‘SEC. 2061. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and
sciences’ means—
‘‘(A) when referring to an organizational
unit of an institution of higher education, any
academic unit that offers 1 or more academic
majors in disciplines or content areas cor-
responding to the academic subject matter
areas in which teachers provide instruction; and
‘‘(B) when referring to a specific academic
subject matter area, the disciplines or content
areas in which academic majors are offered by
the arts and sciences organizational unit.
‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’
means a local educational agency that serves an ele-
mentary school or secondary school located in an
area in which there is—
‘‘(A) a high percentage of individuals from
families with incomes below the poverty line (as
defined by the Office of Management and
Budget and revised annually in accordance with
section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)));
‘‘(B) a high percentage of secondary school
teachers not teaching in the content area in
which the teachers were trained to teach; or
‘‘(C) a high teacher turnover rate.
‘‘(3) OUT-OF-FIELD TEACHER.—The term ‘out-
of-field teacher’ means a teacher—
‘‘(A) teaching a subject for which he or she
is not fully qualified, as determined by the
State; or
‘‘(B) who did not receive a degree from an
institution of higher education with a major or
minor in the field in which he or she teaches.
‘‘(4) SCIENTIFICALLY BASED RESEARCH.—The
term ‘scientifically based research’—
‘‘(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to professional devel-
opment of teachers; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or ex-
periment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.’’.
(b) CONFORMING AMENDMENTS.—
(1) NATIONAL WRITING PROJECT.—Part K of
title X of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8331 et seq.) is repealed.
(2) REFERENCE TO NATIONAL CLEARINGHOUSE
FOR MATHEMATICS AND SCIENCE EDUCATION.—Sec-
tion 13302(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8672(1)) is
amended by striking ‘‘2102(b)’’ and inserting
‘‘2043’’.
SEC. 3. AMENDMENTS RELATING TO READING EXCEL-
LENCE ACT.
(a) REPEAL OF PART B.—Part B of title II of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6641–6651) is repealed.
(b) READING EXCELLENCE ACT.—
(1) PART HEADING.—Part C of title II of such
Act is redesignated as part B and the heading for
such part B is amended to read as follows:
‘‘PART B—READING EXCELLENCE ACT’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 2260 of such Act (20 U.S.C. 6661i) is
amended by adding at the end the following:
‘‘(3) FISCAL YEARS 2001 TO 2004.—There are
authorized to be appropriated to carry out this part
$260,000,000 for fiscal year 2001 and such sums as
may be necessary for fiscal years 2002 through
2004.’’.
SEC. 4. GENERAL PROVISIONS
(a) IN GENERAL.—Title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.) is amended—
(1) by repealing part D;
(2) by redesignating part E as part C; and
(3) by striking sections 2401 and 2402 and in-
serting the following:
‘‘SEC. 2401. PROHIBITION ON NATIONAL CERTIFICATION OF
TEACHERS.
‘‘(a) PROHIBITION
ON
TESTING
OR
CERTIFI-
CATION.—Notwithstanding any other provision of law, the
Secretary is prohibited from using Federal funds to plan,
develop, implement, or administer any national teacher
test or certification.
‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local
educational agency fails to adopt a specific method of
teacher certification.
‘‘SEC. 2402. PROVISIONS RELATED TO PRIVATE SCHOOLS.
‘‘The provisions of sections 14503 through 14506
apply to programs under this title.
‘‘SEC. 2403. HOME SCHOOLS.
‘‘Nothing in this title shall be construed to permit,
allow, encourage, or authorize any Federal control over
any aspect of any private, religious, or home school,
whether or not a home school is treated as a private school
or home school under State law. This section shall not be
construed to bar private, religious, or home schools from
participation in programs or services under this title.’’.
(b) CONFORMING AMENDMENTS.—
(1) DEFINITION OF COVERED PROGRAM.—Sec-
tion 14101(10)(C) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801(10)(C)) is
amended by striking ‘‘(other than section 2103 and
part D)’’.
(2) PRIVATE SCHOOL PARTICIPATION.—Section
14503(b)(1)(B) (20 U.S.C. 8893(b)(1)(B)) of such
Act is amended by striking ‘‘(other than section
2103 and part D of such title)’’.
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