I
106TH CONGRESS
2D SESSION
H. R. 3867
To give control of education back to local communities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2000
Mr. SMITH of Washington introduced the following bill; which was referred to
the Committee on Education and the Workforce
A BILL
To give control of education back to local communities.
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 ‘‘Local Education Em-
powerment Act’’.
SEC. 2. PURPOSE.
The purposes of this Act are the following:
(1) To give local communities control over how
education funds are spent.
(2) To maintain the primary Federal role in
education as helping to provide high-quality edu-
cation for disadvantaged students.
(3) To support the secondary Federal role in
education as supporting innovative practices in our
schools.
TITLE 
I—HELPING 
DISADVAN-
TAGED 
CHILDREN 
MEET
HIGH STANDARDS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 1002(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301) is amended by
striking ‘‘$7,400,000,000 for 1995’’ and inserting
‘‘$12,000,000,000 for fiscal year 2001’’.
SEC. 102. SCHOOLWIDE PROGRAMS.
Section 1114(a)(1)(B) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6314(a)(1)(B))
is amended by striking ‘‘50 percent’’ each place it appears
and inserting ‘‘35 percent’’.
TITLE II—PROFESSIONAL
DEVELOPMENT
SEC. 201. PROFESSIONAL DEVELOPMENT.
Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended to read
as follows:
‘‘SEC. 2101. PURPOSE.
‘‘The purpose of this title is to increase student aca-
demic achievement by implementing such strategies as hir-
ing new teachers, improving teacher quality, providing
professional development, increasing teacher compensa-
tion, and lowering class size.
‘‘SEC. 2102. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
provide grants to eligible local educational agencies to pro-
vide services described in section 2104.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this title, a local educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. Each
such application shall include a 5-year plan to improve
student achievement by providing high-quality professional
development for teachers, hiring new teachers, and reduc-
ing class size.
‘‘SEC. 2103. DISTRIBUTION OF FUNDS.
‘‘From the amount made available to carry out this
title—
‘‘(1) 50 percent shall be allocated among such
States on the basis of their relative populations of
students in kindergarten through 12th grade, as de-
termined by the Secretary on the basis of the most
recent satisfactory data; and
‘‘(2) 50 percent shall be distributed according
to each local educational agency’s share of alloca-
tions under part A of title I.
‘‘SEC. 2104. USES OF FUNDS.
‘‘A local educational agency that receives funds under
this title may use such funds for the following:
‘‘(1) To provide professional development activi-
ties in core academic subjects to ensure that teach-
ers have content knowledge in subjects they teach.
‘‘(2) To provide professional development to en-
sure teachers are able to use State content and per-
formance standards and assessments to improve stu-
dent achievement.
‘‘(3) To provide intensive programs designed to
prepare teachers to return to their schools to provide
such instruction to other teachers within such
schools.
‘‘(4) To support initial teaching experiences by
providing programs such as mentoring programs.
‘‘(5) To establish or improve routes to alter-
native certification for highly qualified individuals
with baccalaureate degrees, including mid-career
professionals from other occupations, paraprofes-
sionals, former military personnel, recent college
graduates with records of academic distinction.
‘‘SEC. 2105. REPORTING AND ACCOUNTABILITY.
‘‘Each local educational agency that receives a grant
under this title shall report annually to the State edu-
cational agency and to the public.
‘‘SEC. 2106. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title $1,600,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
TITLE III—EDUCATION
REFORMS
SEC. 301. EDUCATION REFORMS.
Title III of the Elementary and Secondary Education
Act of 1965 is amended to read as follows:
‘‘SEC. 3101. PROGRAM AUTHORIZED.
(a) IN GENERAL.—The Secretary may provide grants
to local educational agencies to provide services described
in section 3103.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this title, a local educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. Each
such application shall include a 5-year plan to improve
student achievement through the use of education reforms.
‘‘SEC. 3102. DISTRIBUTION OF FUNDS.
‘‘From the amount made available to carry out this
title—
‘‘(1) 25 percent shall be allocated among such
States on the basis of their relative populations of
students in kindergarten through 12th grade, as de-
termined by the Secretary on the basis of the most
recent satisfactory data; and
‘‘(2) 75 percent shall be distributed according
to each local educational agency’s share of alloca-
tions under part A of title I.
‘‘SEC. 3103. USES OF FUNDS.
‘‘A local educational agency that receives funds under
this title may use such funds for the following:
‘‘(1) To implement State standards and assess-
ments.
‘‘(2) To establish efforts to increase student
progress toward meeting State standards and assess-
ments.
‘‘(3) To develop programs to reduce drugs and
violence in schools.
‘‘(4) To provide after school programs.
‘‘(5) To increase access to and understanding of
technology in the classroom for learning.
‘‘(6) To support gifted and talented education.
‘‘(7) To provide arts education.
‘‘(8) To establish efforts to reduce dropout
rates.
‘‘(9) To provide school-to-work activities and
opportunities.
‘‘(10) To provide education to homeless stu-
dents.
‘‘(11) To promote greater gender and racial eq-
uity in education.
‘‘(12) To support class size reduction.
‘‘(13) To support school construction and facil-
ity improvement.
‘‘(14) To provide programs and assistance for
neglected and delinquent students.
‘‘(15) To support Even Start and preschool
programs.
‘‘(16) To support reading and literacy pro-
grams.
‘‘(17) To provide civic education programs.
‘‘(18) To support math and science education.
‘‘SEC. 3104. REPORTING AND ACCOUNTABILITY.
‘‘Each local educational agency that receives a grant
under this title shall report annually to the State edu-
cational agency and to the public regarding the expendi-
ture and use of funds provided under this title for edu-
cation reforms.
‘‘SEC. 3105. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title $2,700,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
TITLE IV—ADMINISTRATIVE
EXPENSES
SEC. 401. STATE ADMINISTRATIVE EXPENSES.
Title IV of the Elementary and Secondary Education
Act of 1965 is amended to read as follows:
‘‘SEC. 4001. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to provide grants to
State educational agencies to maintain State standards
and assessments and to monitor the progress of local edu-
cation agencies toward meeting State goals.
‘‘SEC. 4002. DISTRIBUTION OF FUNDS.
‘‘The Secretary shall determine the amount each
State is eligible to receive based on the number of students
ages 5 to 17, in the State.
‘‘SEC. 4003. USE OF FUNDS.
‘‘(a) IN GENERAL.—A State educational agency shall
use funds received under this title—
‘‘(1) to assist local educational agencies to de-
sign a 5-year plan for titles II, III, and VII to mon-
itor local educational agencies use of Federal funds
and to determine adequate student achievement lev-
els;
‘‘(2) to maintain State standards and assess-
ments and monitor the progress of local educational
agencies toward meeting State goals and meeting
the local education agency’s objectives set out in the
5-year plans submitted for a grant under titles II,
III, and VII;
‘‘(3) for administration, evaluations, research,
professional development; and
‘‘(4) to provide technical assistance to local edu-
cational agencies and schools, continue development
of State curriculum content and student perform-
ance standards, and develop and align State assess-
ment systems with these standards.
‘‘(b) CORRECTIVE ACTION.—If a State determines
that a local educational agency is not meeting the goals
established by the State, the State, in consultation with
the Secretary shall work with the agency to take correction
actions to assure that such goals are met. If after 3 years
the State determines, after consultation with the Sec-
retary, that the local educational agency is not taking
proper corrective actions, the State may take over (or ‘re-
constitute’) administration of the local educational agency,
or certain schools, as the State considers appropriate.
‘‘SEC. 4004. REPORTING AND ACCOUNTABILITY.
‘‘(a) PLAN.—Each State shall submit a 5-year plan
to the Secretary regarding how the State educational
agency plans to use the Federal funds to help local edu-
cational agencies formulate plans for the use of Federal
grants, monitor State progress toward reaching goals, as-
sure Federal funds are being used to help students reach
high levels of achievement. The plan shall also indicate
statewide student achievement goals.
‘‘(b) ANNUAL REPORT.—The State educational agen-
cy shall report yearly to the Secretary regarding the use
of funds and progress toward reaching student achieve-
ment goals.
‘‘SEC. 4005. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title, $260,000,000 for fiscal year 2000 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
TITLE V—INCREASED
AUTHORIZATION LEVELS
SEC. 501. INCREASED AUTHORIZATION LEVELS.
(a) MAGNET SCHOOLS.—Section 5113 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7213) is amended by striking ‘‘$120,000,000 for fiscal
year 1995’’ and inserting ‘‘$130,000,000 for fiscal year
2001’’.
(b) CHARTER SCHOOLS.—Section 10311 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
8067) is amended by striking ‘‘$100,000,000 for fiscal
year 1999 and such sums as may be necessary for each
of the four succeeding fiscal years’’ and inserting ‘‘such
sums as may be necessary for fiscal year 2000,
$200,000,000 for fiscal year 2001, and such sums as may
be necessary for each of the four succeeding fiscal years’’.
TITLE VI—LIMITED ENGLISH
PROFICIENT STUDENTS
SEC. 601. LIMITED ENGLISH PROFICIENT STUDENTS.
Title VII of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7401 et seq.) is amended
to read as following:
‘‘SEC. 7101. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
provide grants to eligible local educational agencies to pro-
vide services described in section 7103 to limited English
proficient students to enable such students to meet the
same rigorous standards for academic performance as
other students in the State.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this title, a local educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may reasonably require. Each
such application shall include a 5-year plan to improve
limited English proficiency education and address the
needs of immigrant students. The plan shall also establish
numerical performance objectives to determine student
progress in learning English.
‘‘SEC. 7102. DISTRIBUTION OF FUNDS.
‘‘(a) DETERMINATION OF AMOUNTS.—To determine
the amount each local educational agency may be eligible
to receive, the Secretary shall use data published by the
Bureau of the Census in compiling the most recent decen-
nial census to identify the number of limited English pro-
ficient students served by the local educational agency.
‘‘(b) ALLOCATION.—From the amount made avail-
able to carry out this title—
‘‘(1) 50 percent shall be allocated among such
States on the basis of their relative populations of
students in kindergarten through 12th grade, as de-
termined by the Secretary on the basis of the most
recent satisfactory data; and
‘‘(B) 50 percent shall be distributed according
to each local educational agency’s share of alloca-
tions under part A of title I.
‘‘(c) HOLD HARMLESS.—Notwithstanding the provi-
sions of subsection (b), a local educational agency shall
not receive less than the total amount of funds that it re-
ceived in fiscal year 2000 under title VII of this Act as
such title was in effect on the day preceding the date of
the enactment of the Local Education Empowerment Act.
‘‘SEC. 7103. USES OF FUNDS.
‘‘A local educational agency that receives funds under
this title may use such funds for the following:
‘‘(1) To increase the proficiency of students
learning English.
‘‘(2) To assist students with limited English
proficiency to meet the same challenging State con-
tent and student performance standards expected of
other students in the State.
‘‘(3) To develop and implement new English
language and academic content instructional pro-
grams for children who are limited English pro-
ficient, including programs of early childhood edu-
cation and kindergarten through 12th grade edu-
cation.
‘‘(4) To carry out highly focused, innovative, lo-
cally designed projects to expand or enhance existing
English language and academic content instruction
programs for limited English proficient students.
‘‘(5) To implement schoolwide programs for re-
structuring, reforming, and upgrading all relevant
programs and operations relating to English lan-
guage and academic content standards.
‘‘(6) To upgrade program objectives and effec-
tive instructional strategies.
‘‘(7) To improve instructional programs by
identifying, acquiring, and upgrading curricula, in-
structional materials, educational software, and as-
sessment procedures.
‘‘(8) To provide intensified instruction to lim-
ited English proficient students.
‘‘(9) To implement comprehensive preschool, el-
ementary, or secondary school English programs
that are coordinated with other relevant programs
and services.
‘‘(10) To provide professional development to
classroom teachers, administrators, and other school
and community-based organizational personnel to
improve instruction and assessment.
‘‘(11) To improve instruction by providing for
the acquisition or development of education tech-
nology or instructional materials, access to and par-
ticipation in electronic networks for materials, train-
ing and communications, and incorporation of such
resources in curricula and programs.
‘‘(12) To develop tutoring programs.
‘‘(13) To support the identified needs of migra-
tory children that result from their migratory life-
style.
‘‘(14) To provide family literacy services and
parent outreach and training activities to limited
English proficient children.
‘‘SEC. 7104. REPORTING AND ACCOUNTABILITY.
‘‘Each local educational agency that receives a grant
under this title shall report annually the results of the nu-
merical performance objectives included in the 5-year plan
described in section 7101(b) to the State educational
agency and to the public.
‘‘SEC. 7105. DEFINITIONS.
‘‘For purposes of this title, the term ‘limited English
proficient student’ means a child age 5 through 17 who—
‘‘(1) is enrolled in a public elementary or sec-
ondary school;
‘‘(2)(A) was not born in the United States;
‘‘(B) has a native language other than English;
or
‘‘(C) is a Native American or Alaska Native
and comes from an home in which a language other
than English has a significant impact on such indi-
vidual’s level of English language proficiency;
‘‘(3) comes from an home in which a language
other than English is used for most communication;
and
‘‘(4) has sufficient difficulty speaking, reading,
writing, and understanding the English language
and such difficulty may deny such individual an op-
portunity to learn successfully in classrooms in
which the language of instruction is English or to
participate fully in our society.
‘‘SEC. 7106. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title $1,000,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.’’.
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