I
103D CONGRESS
1ST SESSION
H. R. 1097
To assist the Nation in achieving the national education goals.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. GOODLING (for himself, Mr. MICHEL, Mr. PETRI, Mr. GUNDERSON, Ms.
MOLINARI, Mr. BARRETT of Nebraska, Mr. CUNNINGHAM, and Mr. MIL-
LER of Florida) introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To assist the Nation in achieving the national education
goals.
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 ‘‘Educational Excellence
for All Students Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the Federal Government currently spends
more than $9,000,000,000 supporting education at
the kindergarten through 12th grade level in the
United States;
(2) these programs, and the funds authorized,
currently do not contribute sufficiently to lifting the
educational achievement of all students or com-
plement the important education reforms taking
place around the country;
(3) the Federal Government should support on-
going efforts to establish national educational goals,
voluntary national standards and a State and local
educational agency-based, voluntary system of as-
sessments;
(4) States should be assisted in carrying out
systemic reforms of their school systems as a means
to meeting the national education goals; and
(5) the reauthorization of the Elementary, Sec-
ondary and Vocational Education Act should trans-
form such programs into a major school reform vehi-
cle by which States, school districts, teachers, and
parents can help every child meet the national edu-
cation goals.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to establish as the policy of the United
States the 6 national education goals;
(2) to authorize the National Education Goals
Panel to monitor the Nation’s progress toward meet-
ing the national education goals;
(3) to establish a process in support of vol-
untary national education standards and a national
system of voluntary assessments;
(4) to authorize a grant program to States to
encourage dramatic, new approaches to education
that are likely to provide students with an oppor-
tunity to achieve the national goals; and
(5) to establish a system by which States, local
educational agencies, and schools can utilize Federal,
State, and local education program funds in a more
flexible manner in order to improve delivery and
effectiveness of programs.
SEC. 4. NATIONAL POLICY.
It is the sense of Congress that—
(1) READINESS
FOR
SCHOOL.—By the year
2000, all children in America will start school ready
to learn.
(2) HIGH SCHOOL COMPLETION.—By the year
2000, the high school graduation rate will increase
to at least 90 percent.
(3) STUDENT
ACHIEVEMENT
AND
CITIZEN-
SHIP.—By the year 2000, students in the United
States will leave grades 4, 8, and 12 having dem-
onstrated competency in challenging subject matter
including English, mathematics, science, history, and
geography; and every school in the United States
will ensure that all students learn to use their minds
well, so they may be prepared for responsible citizen-
ship, further learning, and productive employment in
our modern economy.
(4) SCIENCE AND MATHEMATICS.—By the year
2000, students in the United States will be first in
the world in science and mathematics achievement.
(5) ADULT LITERACY AND LIFELONG LEARN-
ING.—By the year 2000, every adult American will
be literate and will possess the knowledge and skills
necessary to compete in a global economy and exer-
cise the rights and responsibilities of citizenship.
(6) SAFE, 
DISCIPLINED, 
AND
DRUG-FREE
SCHOOLS.—By the year 2000, every school in the
United States will be free of drugs and violence and
will offer a disciplined environment conducive to
learning.
TITLE I—VOLUNTARY
STANDARDS AND ASSESSMENT
PART A—NATIONAL EDUCATION GOALS PANEL
SECTION 101. GOALS PANEL.
(a) ESTABLISHMENT.—There is established a Na-
tional Education Goals Panel (referred to in this title as
the ‘‘Panel’’).
(b) COMPOSITION.—
(1) IN GENERAL.—The Panel shall be composed
of 14 members (referred to in this title as members),
including—
(A) two members appointed by the Presi-
dent;
(B) eight Governors, three of whom shall
be from the same political party as the Presi-
dent and five of whom shall be of the opposite
political party to the President, appointed by
the Chairperson or Vice Chairperson of the Na-
tional Governors’ Association, with each ap-
pointing individuals of such respective political
party, in consultation with each other and in
accordance with paragraph (2); and
(C) four Members of Congress appointed
as follows:
(i) The majority leader of the Senate
shall appoint 1 individual from among the
Members of the Senate.
(ii) The minority leader of the Senate
shall appoint 1 individual from among the
Members of the Senate.
(iii) The Speaker of the House of
Representatives shall appoint 1 individual
from among the Members of the House of
Representatives.
(iv) The minority leader of the House
of Representatives shall appoint 1 individ-
ual from among the Members of the House
of Representatives.
(2) SPECIAL APPOINTMENT RULES.—(A) The
members appointed pursuant to paragraph (1)(B)
shall be appointed as follows:
(i) If the Chairperson of the National Gov-
ernors’ Association is from the same political
party as the President, the Chairperson shall
appoint 3 individuals pursuant to such para-
graph and the Vice Chairperson shall appoint 5
persons pursuant to such paragraph.
(ii) If the Chairperson of the National
Governors’ Association is from the opposite po-
litical party as the President, the Chairperson
shall appoint 5 persons pursuant to such para-
graph and the Vice Chairperson shall appoint 3
persons pursuant to such paragraph.
(B) If the National Governors’ Association has
appointed a panel that meets the requirements of
this subsection prior to the date of enactment of this
Act, the members serving on such panel shall be
deemed to be in compliance with the provisions of
this subsection and shall not be required to be
reappointed pursuant to this subsection.
(c) TERMS.—The terms of service of members shall
be as follows:
(1) EXECUTIVE BRANCH.—Members appointed
under paragraph (1)(A) shall serve at the pleasure
of the President.
(2) GOVERNORS.—Members appointed under
paragraph (1)(B) shall serve a two-year term, except
that the initial appointments under such paragraph
shall be made to ensure staggered terms with one-
half of such member’s terms concluding every two
years.
(3) MEMBERS
OF
CONGRESS.—Members ap-
pointed under paragraph (1)(C) shall serve a term
of four years.
(d) INITIATION.—The Panel may begin to carry out
the duties of the Panel under this part when seven mem-
bers of the Panel have been appointed.
(e) DATE OF APPOINTMENT.—The initial members
shall be appointed not later than 60 days after the date
of enactment of this Act.
(f) RETENTION.—In order to retain an appointment
to the Panel, a member must attend at least two-thirds
of the scheduled meetings of the Panel in any given year.
(g) VACANCIES.—A vacancy on the Panel shall not
affect the powers of the Panel, but shall be filled in the
same manner as the original appointment.
(h) TRAVEL.—Each member shall be allowed travel
expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance
of duties away from the home or regular place of business
of the member.
(i) CHAIRPERSON SELECTION.—The Panel shall se-
lect a chairperson from among members appointed under
subsection (b)(1)(B).
SEC. 102. FUNCTIONS.
(a) FUNCTIONS.—
(1) IN GENERAL.—The Panel shall—
(A) propose the indicators to be used to
measure the National Education Goals and re-
porting progress in achieving such goals, the
baselines 
and 
benchmarks 
against 
which
progress may be evaluated, and the format for
an annual report to the Nation;
(B) select interim and final measures and
appropriate measurement tools to be developed
as necessary in each goal area;
(C) report on the Federal actions that ful-
fill responsibilities to education, including fund-
ing the Federal financial role, providing more
flexibility and controlling mandates that limit
the States’ ability to fund education;
(D) issue a report annually to the Presi-
dent, the Congress, the Governors, and the Na-
tion regarding progress in achieving the Na-
tional Education Goals;
(E) assure, through requirements for State
reports, that student performance is reported in
the context of other relevant information about
student, school, and system performance;
(F) identify gaps in existing educational
data, make recommendations for improvements
in the methods and procedures for assessments
that would be appropriate in assessing progress
in achieving the National Education Goals, pro-
pose changes in national and international
measurement systems as appropriate and make
recommendations to the President, the Con-
gress, and the Governors for needed improve-
ments;
(G) appoint members to the National Edu-
cation Standards and Assessments Council; and
(H) in accordance with paragraph (2),
issue certification of content and student per-
formance standards and the criteria for world-
class assessments after submission of such noti-
fication of approval by the National Education
Standards and Assessments Council.
(2) SPECIAL
RULE.—In the event that the
Panel denies certification to all or part of a certifi-
cation of the National Education Standards and As-
sessments Council, all or part of a certification shall
be returned to such Council with detailed written
explanations for such denial.
(b) PERFORMANCE OF FUNCTIONS.—In carrying out
its responsibilities, the Panel shall operate on the principle
of consensus.
(c) DATA COLLECTION.—The Panel shall make ar-
rangements with any appropriate entity to generate or col-
lect such data as may be necessary to appropriately assess
progress in achieving the National Education Goals.
SEC. 103. ANNUAL REPORT CARD.
(a) IN GENERAL.—The Panel shall prepare and sub-
mit to the President, the appropriate committees of Con-
gress, and the Governor of each State a national report
card, that—
(1) sets forth an analysis of the progress of the
United States toward achieving the National Edu-
cation Goals; and
(2) may, as determined necessary by the Panel
based on the findings of the Panel and an analysis
of the views and comments of all interested par-
ties—
(A) identify continuing gaps in existing
educational data; and
(B) make recommendations for improve-
ment in the methods and procedures of assess-
ing educational attainment and strengthening
the national educational assessment and infor-
mation system of the Department of Education
or any other appropriate Federal Government
entity.
(b) CONTINUATION.—The Panel shall issue a na-
tional report card on an annual basis for the duration of
the existence of the Panel.
(c) FORMAT.—National Report Cards shall be pre-
sented in a form that is understandable to parents and
the general public.
SEC. 104. POWERS OF THE PANEL.
(a) HEARINGS.—
(1) IN GENERAL.—The Panel shall, for the pur-
pose of carrying out this part, conduct such hear-
ings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Panel
considers appropriate.
(2) PUBLIC HEARINGS.—In carrying out this
part, the Panel shall conduct public hearings in dif-
ferent geographic areas of the country, both urban
and rural, to receive the reports, views, and analyses
of a broad spectrum of experts and the public re-
garding the Panel’s functions described in section
102(a).
(b) INFORMATION.—The Panel may secure directly
from any department or agency of the United States, in-
formation necessary to enable the Panel to carry out this
title. Upon request of the Chairperson of the Panel, the
ficers or employees of the United States, appoint a Direc-
tor to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF STAFF.—The Chair-
person of the Panel may appoint personnel as the Chair-
person considers appropriate without regard to the provi-
sions of title 5, United States Code, governing appoint-
ments to the competitive service. The staff of the Panel
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification and General Sched-
ule pay rates. The rate of pay of the staff of the Panel
shall not exceed the rate of basic pay payable for GS–
15 of the General Schedule.
(c) EXPERTS AND CONSULTANTS.—The Panel may
procure temporary and intermittent services under section
3019(b) of title 5, United States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Panel, the head of any department or agency
of the United States is authorized to detail, on a reimburs-
able basis, any of the personnel of that agency to the
Panel to assist the Panel in its duties under this title.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000
for fiscal year 1993 and such sums as may be necessary
for each of the fiscal years 1994 through 2001 to carry
out this part.
PART B—VOLUNTARY NATIONAL EDUCATION
STANDARDS AND ASSESSMENTS
SEC. 111. NATIONAL EDUCATION STANDARDS AND ASSESS-
MENTS COUNCIL.
(a) ESTABLISHMENT.—There is established a Na-
tional Education Standards and Assessments Council (re-
ferred to in this title as the ‘‘Council’’).
(b) APPOINTMENT AND COMPOSITION.—
(1) APPOINTMENT.—The Council shall be com-
posed of 19 members (referred to in this part as
‘‘members’’) appointed by the National Education
Goals Panel described in section 101.
(2) COMPOSITION.—The Council shall be com-
posed of—
(A) 9 educators who have demonstrated
leadership in educational innovation, including
at least 1 person with expertise in each of edu-
cational measurement, assessment, subject mat-
ter scholarship, and curriculum design;
(B) 5 State and local public officials who
possess strong education backgrounds and have
displayed a commitment to improving edu-
cation; and
(C) 5 members of the general public who
have demonstrated a commitment to improving
education and bring additional perspectives
from the business, foundation, and advocacy
communities within the private sector.
(c) QUALIFICATIONS.—
(1) IN GENERAL.—Members shall be appointed
to the Council on the basis of widely recognized ex-
perience in, knowledge of, commitment to, and a
demonstrated record of service to, education and to
achieving education excellence at the Federal, State
or local level.
(2) NOMINATIONS.—Members under this sub-
section shall be appointed from among qualified indi-
viduals nominated by the public and other groups
representative of public officials, educators, and indi-
viduals described in subsection (c)(1).
(d) TERMS.—
(1) IN GENERAL.—The members shall be ap-
pointed for 3-year terms, with no member serving
more than 2 consecutive terms.
(2) CONFLICT OF INTEREST.—(A) No member
of the Council may concurrently serve as a member
of the Panel.
(B)(i) No waiver shall be granted to members
of the Council pursuant to section 208(b)(3) of title
18, United States Code, regarding conflict of
interest.
(ii) Any person who serves on the Council shall
report any subsequent proposals for Federal, State,
or local funding related to the standards and assess-
ments described in subsection (e) to the National
Goals Panel.
(3) DATE OF APPOINTMENT.—The initial mem-
bers shall be appointed by the Panel, not later than
120 days after the date of enactment of this Act.
(4) RETENTION.—In order to retain an ap-
pointment to the Council, a member must attend at
least two-thirds of the scheduled meetings of the
Council in any given year.
(5) OFFICER
SELECTION.—The members ap-
pointed under subsection (b)(2) shall select officers
of the Council from among the members of the
Council. The officers of the Council shall serve for
1-year terms.
(6) VACANCIES.—A vacancy on the Council
shall not affect the powers of the Council, but shall
be filled in the same manner as the original appoint-
ment.
(7) TRAVEL.—Each member of the Council
shall be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by section 5703
of title 5, United States Code, for each day the
member is engaged in the performance of duties
away from the home or regular place of business of
the member.
(e) FUNCTIONS OF THE COUNCIL.—
(1) STANDARDS.—The Council shall, with re-
gards to standards—
(A) coordinate the effort to establish vol-
untary national education content and student
performance standards;
(B) develop criteria for what constitutes
world-class content and student performance
standards and establish guidelines for standard
setting and development to ensure consensus
building and broad participation in the process;
and
(C) issue approval of content and student
performance standards as world-class based on
the criteria and guidelines described in subpara-
graph (B) and transmit such approved stand-
ards to the Panel for the Panel’s certification.
(2) ASSESSMENTS.—The Council shall, with re-
gards to assessments—
(A) be a coordinating body to encourage a
voluntary system of assessments for individual
students consistent with the voluntary national
standards;
(B) establish guidelines for the develop-
ment and use of assessments to ensure that as-
sessments are valid, reliable, and fair;
(C) develop criteria for assessments, and
the use of such assessments, to ensure that the
assessments measure the world class standards
and meet the guidelines described in subpara-
graph (B);
(D) establish procedures and criteria to de-
termine whether assessments are comparable to
each other without sacrificing the validity, reli-
ability, and fairness of the assessments; and
(E) transmit such criteria to the Panel to
review for certification.
(3) REEXAMINATION.—The Council shall reex-
amine the criteria for certification at least once
every 3 years and shall reexamine any certified na-
tional standards at least once every 3 years to ascer-
tain whether such standards continue to meet the
criteria described in paragraphs (1) and (2).
(f) PERFORMANCE OF FUNCTIONS.—In carrying out
its responsibilities, the Council shall work with Federal
and non-Federal agencies and organizations which are
conducting research, studies, or demonstration projects to
determine world-class education standards and assess-
ments based on such standards.
(g) PROCEDURES.—
(1) PUBLICATION.—The Council shall publish
in the Federal Register—
(A) proposed criteria for determining what
are world-class content and student perform-
ance standards;
(B) proposed guidelines for standards set-
ting;
(C) proposed procedures and criteria for
certifying content standards as world class; and
(D) proposed procedures and criteria for
assessments that measure such world-class
standards.
(2) FINAL
REGULATIONS.—Final regulations,
reflecting public comment, for the proposals devel-
oped in accordance with paragraph (1) shall be pub-
(b) SPECIAL RULE.—In carrying out paragraph (3)
of subsection (a), the Council, through the National Cen-
ter for Education Statistics, shall collect information on
the implementation by State and local educational agen-
cies of certified content standards, including—
(1) adoption of curricula frameworks, including
instructional materials, assessments and teacher
training that incorporates or reflects world-class con-
tent standards;
(2) availability of school resources, including in-
structional materials and technology, necessary to
meet world-class standards;
(3) staff capacity;
(4) school governance systems; and
(5) barriers to implementation of world-class
standards.
SEC. 113. POWERS OF THE COUNCIL.
‘‘(a) REGIONAL MEETINGS.—(1) The Council may
convene regional meetings to obtain public involvement in
the development of proposed regulations implementing
this section. Such meetings should include individuals and
representatives of the groups involved in content and stu-
dent performance standards setting and assessments, in-
cluding educators, administrators, students, parents, cur-
riculum and assessment experts, and organizations which
have demonstrated experience in these areas.
(2) The meetings described in paragraph (1) should
provide for a comprehensive discussion and exchange of
information regarding the implementation of this section
and the Council should take into account the information
received in such meetings in developing regulations.
(3) The Council shall solicit public comment on any
proposed guidelines and criteria and on standards submit-
ted for approval and certification.
(b) INFORMATION.—The Council may secure directly
from any department or agency of the United States infor-
mation necessary to enable the Council to carry out this
part. Upon request of the Chairperson of the Council, the
head of a department or agency shall furnish such infor-
mation to the Council to the extent permitted by law.
(c) POSTAL SERVICES.—The Council may use the
United States mail in the same manner and under the
same conditions as other departments and agencies of the
United States.
(d) ADMINISTRATIVE AND SUPPORTIVE SERVICES.—
The Secretary shall provide to the Council, on a reimburs-
able basis, administrative support services as the Council
may request.
SEC. 114. ADMINISTRATIVE PROVISIONS.
(a) MEETINGS.—The Council shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Council or a majority of its members.
(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
(c) VOTING.—The Council shall take all action of the
Council by a two-thirds majority vote of the total member-
ship of the Council, assuring the right of the minority to
issue written views. No individual may vote or exercise any
of the powers of a member by proxy.
SEC. 115. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
(a) DIRECTOR.—The Council shall, without regard to
the provisions of title 5, United States Code, relating to
the appointment and compensation of officers or employ-
ees of the United States, appoint a Director, who by virtue
of education, training, and experience, is eminently quali-
fied to assist the Council in administering the functions
described in section 101(e) of this part to be paid at a
rate not to exceed the rate of basic pay payable for level
V of the Executive Schedule.
(b) APPOINTMENT AND PAY OF STAFF.—The Coun-
cil may appoint personnel who by virtue of education,
training, and experience are eminently qualified to assist
the Council in administering the functions described in
section 101(e). Such appointments can be made without
regard to the provisions of title 5, United States Code,
governing appointments to the competitive service and the
staff of the Council may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification
and General Schedule pay rates. The rate of pay of the
staff of the Council shall not exceed the rate of basic pay
payable for GS–15 of the General Schedule.
(c) EXPERTS AND CONSULTANTS.—The Council may
procure temporary and intermittent services under section
3019(b) of title 5, United States Code, if the individual
performing such services, by virtue of education, training,
and experience, is eminently qualified to assist the Council
in administering the functions described in section 101(e).
(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Council, the head of any department or agen-
cy of the United States is authorized to detail, on a reim-
bursable basis, any of the personnel of that department
or agency to the Council to assist the Council in its duties
under this part.
(e) CONFLICT OF INTEREST.—No director, staff, ex-
pert, or consultant may serve the Council if such person
directly or indirectly has any financial interest in the de-
velopment of tests or assessments related to the standards
described in section 101(e). Any person who served the
Council in such capacity shall submit any subsequent pro-
posals for Federal, State, or local funding related to the
standards or assessments described in section 101(e) to
the National Goals Panel, the Congress, and to the
Department of Education.
SEC. 116. EVALUATION.
The National Academy of Sciences shall conduct an
evaluation of the work of the Council, including—
(1) an analysis of the technical expertise of the
panel and its use of outside technical assistance;
(2) an analysis of the process of establishing
guidelines and criteria for the development and cer-
tification of standards and such guidelines and cri-
teria;
(3) a review of standards that are certified;
(4) an evaluation of the process for establishing
criteria for assessments of world-class standards and
such criteria; and
(5) an evaluation of the research and develop-
ment work being carried out by the Department of
Education, in the areas of education standards, cur-
riculum, and assessment.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Coun-
cil $2,000,000 for each of the fiscal years 1993, and 1994
and such sums as may be necessary for each of the fiscal
years 1995 through 1999 to carry out this part.
PART C—NATIONAL COMMISSION ON EARLY
CHILDHOOD ASSESSMENT
SEC. 121. ESTABLISHMENT.
There is established a National Commission on Early
Childhood Assessment (referred to in this Act as the
‘‘Commission’’)
SEC. 122. FINDINGS.
The Congress finds that there is no assessment avail-
able at this time which adequately assesses the full range
of early learning and development necessary to obtain a
valid indication of the Nation’s progress toward the first
national education goal—that all children in America will
start school ready to learn.
SEC. 123. PURPOSE.
The purpose of the Commission is to—
(1) assist the Nation in tracking progress to-
ward the first national education goal;
(2) oversee the development of an early child-
hood assessment that advances a broad view of
school readiness and expands our knowledge of how
to assess young children equitably; and