Union Calendar No. 133
106TH CONGRESS
1ST SESSION
H. R. 1995
[Report No. 106–232, Part I]
A BILL
To amend the Elementary and Secondary Edu-
cation Act of 1965 to empower teachers, improve
student achievement through high-quality profes-
sional development for teachers, reauthorize the
Reading Excellence Act, and for other purposes.
JULY 14, 1999
Reported from the Committee on Education and the
Workforce with an amendment
JULY 14, 1999
Referral to the Committee on Armed Services extended
for a period ending not later than July 14, 1999
JULY 14, 1999
Committee on Armed Services discharged; committed to
the Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 133
106TH CONGRESS
1ST SESSION
H. R. 1995
[Report No. 106–232, Part I]
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
JULY 14, 1999
Reported from the Committee on Education and the Workforce with an
amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JULY 14, 1999
Referral to the Committee on Armed Services extended for a period ending
not later than July 14, 1999
JULY 14, 1999
Additional sponsors: Mr. DREIER, Mr. GARY MILLER of California, Mr. TAL-
ENT, Mr. DEAL of Georgia, Mr. DEMINT, Mr. BAKER, Mr. HORN, Mr.
DICKEY, Mr. GREEN of Wisconsin, Mr. FOSSELLA, Mr. BOEHNER, Mr.
CALVERT, Mr. HOSTETTLER, Mr. SHIMKUS, Mr. PETERSON of Pennsyl-
vania, Mr. BALLENGER, Mr. ROYCE, Mrs. MYRICK, Mr. SOUDER, Mr.
PETRI, Mr. UPTON, Mr. EHLERS, Mr. HALL of Texas, Mr. GREENWOOD,
Mrs. ROUKEMA, Mr. RADANOVICH, Mr. HERGER, and Mr. COX
JULY 14, 1999
Committee on Armed Services discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 27, 1999]
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 Sec-
ondary 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 local educational agencies in order to assist their efforts
to increase student academic achievement through such
strategies 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 sec-
tion 2012. The grant shall consist of the allotment deter-
mined for the State under subsection (b).
‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENT.—
‘‘(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 deter-
mined 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 profes-
sional development activities for teachers, other
staff, and administrators in schools operated or
funded by the Bureau of Indian Affairs.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), from the total amount made
available to carry out this subpart for any
fiscal year and not reserved under para-
graph (1), the Secretary shall allot to each
of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico an
amount equal to the total amount that such
State received for fiscal year 1999 under—
‘‘(I) section 2202(b) of this Act
(as in effect on the day before the date
of the enactment of the Teacher Em-
powerment Act);
‘‘(II) section 307 of the Depart-
ment of Education Appropriations Act,
1999; and
‘‘(III) section 304(b) of the Goals
2000: Educate America Act.
‘‘(ii) RATABLE
REDUCTION.—If the
total amount made available to carry out
this subpart for any fiscal year and not re-
served under paragraph (1) is insufficient
to pay the full amounts that all States are
eligible to receive under clause (i) for any
fiscal year, the Secretary shall ratably re-
duce such amounts for such fiscal year.
‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), for any fiscal year for which the total
amount made available to carry out this
subpart and not reserved under paragraph
(1) exceeds the total amount made available
to the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico for
fiscal year 1999 under the authorities de-
scribed in subparagraph (A)(i), the Sec-
retary shall allot such excess amount as fol-
lows:
‘‘(I) 50 percent of such excess
amount shall be allotted among such
States on the basis of their relative
populations of individuals aged 5
through 17, as determined by the Sec-
retary on the basis of the most recent
satisfactory data.
‘‘(II) 50 percent of such excess
amount shall be allotted among such
States in proportion to the number of
children, aged 5 to 17, who reside
within the State from families with in-
comes below the poverty line (as de-
fined by the Office of Management and
Budget and revised annually in ac-
cordance 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 available, compared to the
number of such individuals who reside
in all such States for that fiscal year.
‘‘(ii) EXCEPTION.—No State receiving
an allotment under clause (i) may receive
less than 1⁄2 of 1 percent of the total excess
amount allotted under clause (i).
‘‘(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 EXPENDITURES.—
‘‘(1) REQUIRED EXPENDITURES.—The Secretary
may make a grant to a State under this subpart 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 mak-
ing subgrants to local educational agencies under
subpart 3; and
‘‘(B) 2 percent of the amount of the funds
provided under the grant for the purpose of mak-
ing subgrants to eligible partnerships under sub-
part 2 (of which percent, up to 5 percent may
be used for planning and administration related
to carrying out such purpose).
‘‘(2) AUTHORIZED
EXPENDITURES.—A State
that receives a grant under this subpart may expend
not more than 3 percent of the amount of the funds
provided under the grant for one or more of the au-
thorized State activities described in subsection (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 edu-
cational 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 private
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 reside
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 revised annu-
ally 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 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 decrease
the percentage described in subparagraph (A)(i)).
‘‘(2) DISTRIBUTION OF 20 PERCENT OF FUNDS.—
‘‘(A) COMPETITIVE PROCESS.—A State re-
ceiving a grant under this subpart shall dis-
tribute 20 percent of the amount described in
subsection (b)(1)(A) through a competitive proc-
ess that results in an equitable distribution by
geographic area within the State.
‘‘(B) PARTICIPANTS.—The competitive proc-
ess under subparagraph (A) shall be open to
local educational agencies and eligible partner-
ships (as defined in section 2021(d)), except that
a State shall give priority to high-need local edu-
cational agencies that focus on math, science, or
reading professional development programs.
‘‘(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 chal-
lenging State content standards; and
‘‘(C) teachers 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 baccalaureate
degree, including mid-career professionals from
other 
occupations, 
paraprofessionals, 
former
military personnel, and recent college or univer-
sity graduates with records of academic distinc-
tion who demonstrate the potential to become
highly effective teachers.
‘‘(3) Developing and implementing effective
mechanisms to assist local educational agencies and
schools in effectively recruiting and retaining highly
qualified and effective teachers and principals.
‘‘(4) Reforming tenure systems and imple-
menting teacher testing and other procedures to expe-
ditiously remove incompetent and ineffective teachers
from the classroom.
‘‘(5) Developing enhanced performance systems
to measure the effectiveness of specific professional de-
velopment 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, except that no reciprocity agreement developed
under this paragraph or developed using funds pro-
vided under this part may lead to the weakening of
any State teaching certification or licensing require-
ment.
‘‘(8) Developing or assisting local educational
agencies or eligible partnerships (as defined in section
2021(d)) in the development and utilization of prov-
en, innovative strategies to deliver intensive profes-
sional development programs that are both cost-effec-
tive 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 co-
ordinate 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 subpart—
‘‘(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;
‘‘(ii) the percentage of classes in core
academic subject areas that are taught by
teachers teaching under emergency or other
provisional status through which State
qualifications or licensing criteria have been
waived; and
‘‘(iii) 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 containing
such information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each application under this section
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 devel-
opment, and hiring teachers to reduce class size.
‘‘(2) A description of the specific performance in-
dicators the State will use (including an identifica-
tion of how such performance indicators will be meas-
ured 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 edu-
cational 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 application shall also de-
scribe the comprehensive strategy that the State will
take as part of such coordination effort, to ensure that
teachers are trained in the utilization of technology so
that technology and its applications are effectively
used in the classroom to improve teaching and learn-
ing in all curriculum and content areas, as appro-
priate.
‘‘(5) A description of how the State will encour-
age the development of proven, innovative strategies to
deliver intensive professional development programs
that are both cost-effective and easily accessible, such
as through the use of technology and distance learn-
ing.
‘‘(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 writ-
ten determination, within 90 days after receiving the appli-
cation, that the application is in violation of the provisions
of this Act.
‘‘Subpart 2—Subgrants to Eligible Partnerships
‘‘SEC. 2021. PARTNERSHIP GRANTS.
‘‘(a) IN GENERAL.—From the amount described in sec-
tion 2012(b)(1)(B), the State agency for higher education,
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 subsection
(b). Such grants shall be equitably distributed by geo-
graphic area within the State.
‘‘(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 content
knowledge in the subjects they teach; and
‘‘(2) developing and providing assistance to local
educational agencies and the teachers, principals, and
administrators, of public and private schools in each
such agency, for sustained, high-quality professional
development activities which—
‘‘(A) ensure they are able to use State con-
tent standards, performance standards, and as-
sessments to improve instructional practices and
improve student achievement; and
‘‘(B) may include intensive programs de-
signed to prepare teachers who will return to
their school to provide such instruction to other
teachers within such school.
‘‘(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 agen-
cy that receives a subgrant under this subpart shall
use the subgrant to carry out the activities described
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 enactment
of the Teacher Empowerment Act) for the fiscal
year preceding such enactment for professional
development activities in mathematics and
science in accordance with section 2033.
‘‘(B) WAIVER.—
‘‘(i) 
APPLICATION.—A 
local 
edu-
cational agency, in consultation with teach-
ers and principals, may seek a waiver of the
requirement in subparagraph (A) from a
State in order to allow the local educational
agency to use such funds for professional de-
velopment in academic subjects other than
mathematics and science.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver unless
the local educational agency is able to dem-
onstrate that—
‘‘(I) the professional development
needs of mathematics and science
teachers, including elementary teachers
responsible for teaching mathematics
and science, have been adequately
served and will continue to be ade-
quately served if the waiver is ap-
proved;
‘‘(II) State assessments in mathe-
matics and science demonstrate that
each school within the local edu-
cational agency has made and will
continue to make progress toward
meeting the challenging State or local
content standards and student per-
formance 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 otherwise
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 AND RETAINING WELL-QUALIFIED
AND EFFECTIVE TEACHERS.—
‘‘(A) IN GENERAL.—Each local educational
agency that receives a subgrant under this sub-
part shall use a portion of such funds for recruit-
ing, hiring, and training certified teachers, in-
cluding 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 educational
agency to use such funds for purposes other
than hiring teachers in order to reduce class
size.
‘‘(ii) STANDARD
FOR
GRANTING.—A
State may not approve such a waiver unless
the local educational agency is able to dem-
onstrate that—
‘‘(I) such funds will be used to en-
sure that all instructional staff have
the subject matter knowledge, teaching
knowledge, and teaching skills nec-
essary to teach effectively in the con-
tent area or areas in which they pro-
vide 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 achieve-
ment.
‘‘(b) ALLOWABLE ACTIVITIES.—Each local educational
agency that receives a subgrant under this subpart may use
the subgrant to carry out the following activities:
‘‘(1) Initiatives to assist recruitment of highly
qualified teachers who will be assigned teaching posi-
tions within their field, including—
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for
teachers to teach in academic subject areas in
which there exists a shortage of such teachers
within a school or the 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 intensive screen-
ing designed to hire the most qualified applicant.
‘‘(2) Initiatives to promote retention of highly
qualified teachers and principals including—
‘‘(A) programs that provide mentoring to
newly hired teachers, such as from master teach-
ers, and to newly hired principals; or
‘‘(B) programs that provide other incen-
tives, including financial incentives, to retain
teachers who have a record of success in helping
low-achieving students improve their academic
success.
‘‘(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 sec-
tion 2033;
‘‘(B) development and utilization of proven,
cost-effective strategies for the implementation 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 children
with different learning styles, particularly chil-
dren with disabilities and children with special
learning needs (including those who are gifted
and talented); and
‘‘(G) professional development programs
that provide instruction in how best to discipline
children in the classroom and identify early and
appropriate interventions to help children de-
scribed in subparagraph (F) learn.
‘‘(4) Teacher opportunity payments, consistent
with section 2034.
‘‘SEC. 2032. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—A local educational agency seeking
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 how the local educational
agency intends to use funds provided under this sub-
part, including an assurance that the local edu-
cational agency will meet the requirements for the use
of funds for mathematics and science programs, pro-
fessional 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 profes-
sional development to train teachers in how to use
technology to improve learning and teaching.
‘‘(c) PARENTS’ RIGHT-TO-KNOW.—A local educational
agency that receives funds under this subpart shall provide,
upon request and in an understandable and uniform for-
mat, to any parent of a student attending any school receiv-
ing funds under this subpart, information regarding the
professional qualifications of the student’s classroom teach-
ers, including, at a minimum, the following:
‘‘(1) Whether the teacher has met State qualifica-
tion and licensing criteria for the grade levels and
subject areas in which the teacher provides instruc-
tion.
‘‘(2) Whether the teacher is teaching under emer-
gency or other provisional status through which State
qualification or licensing criteria have been waived.
‘‘(3) The baccalaureate degree major of the teach-
er and any other graduate certification or degree held
by the teacher, and the field or discipline of the cer-
tification 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 ac-
tivity 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 ability of the
teacher to understand and use the State’s stand-
ards for the subject area in which the teacher
provides instruction.
‘‘(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 in-
creasing student achievement or substantially increas-
ing the knowledge and teaching skills of such teachers;
‘‘(4) shall be of sufficient intensity and duration
(such as not to include 1-day or short-term workshops
and conferences) to have a positive and lasting im-
pact on the teacher’s performance in the classroom,
except that this paragraph shall not apply to an ac-
tivity if such activity is one component of a long-term
comprehensive professional development plan estab-
lished by the teacher and the teacher’s supervisor
based upon an assessment of their needs, their stu-
dents’ needs, and the needs of the local educational
agency; 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 re-
quirement in paragraph (3) if, after any fiscal year,
the State determines that the programs or activities
funded by the agency fail to meet the requirements of
subsections (a) and (b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has been put on notice pursuant
to paragraph (1) may request technical assistance
from the State in order to provide the opportunity
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 succeeding fis-
cal year a proportion of the amount made available
to the agency under this subpart equal to the propor-
tion of such amount expended by the agency on pro-
fessional 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 receiv-
ing 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 professional devel-
opment activity of their choice.
‘‘(b) NOTICE TO TEACHERS.—Local educational agen-
cies distributing funds under this section shall establish 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 recommended by prin-
cipals 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 meeting
challenging State content standards and student per-
formance 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 identi-
fied as needing such assistance pursuant to subsection (b),
a local educational agency shall establish procedures for se-
lecting teachers which provide a priority for those teachers
described in paragraph (1) or (2) of subsection (b).
‘‘(d) ELIGIBLE PROGRAM.—Teachers receiving a pay-
ment under this section shall have the choice of attending
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 or university 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 al-
ternative certification program established
by the consortium.
‘‘(C) 
MODEL
PROFESSIONAL
DEVELOP-
MENT.—The model professional development ac-
tivities specified in this subparagraph are activi-
ties providing ongoing professional development
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 edu-
cational 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 subsection,
the term ‘eligible consortium’ means a consortium 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 ele-
mentary or secondary schools, educational service
agencies, public or private nonprofit educational
organizations, museums, or businesses.
‘‘(b) CONTINUATION OF TROOPS-TO-TEACHERS PRO-
GRAM.—
‘‘(1) PURPOSE.—It is the purpose of this sub-
section to authorize the continuation after September
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 subsection,
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 Sec-
retary of Defense, and the Secretary of Transpor-
tation with respect to the Coast Guard, agree to cover
not less than 25 percent of the costs associated with
the activities conducted under the troops-to-teachers
program. The contributions may be in the form of in-
kind contributions or cash expenditures, which may
include the use of private contributions made for pur-
poses of the program.
‘‘(4) ELIGIBLE MEMBERS.—After September 30,
1999, the troops-to-teachers program shall have a pri-
mary 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 Activ-
ity for Non-Traditional Education Support shall co-
operate with the Department of Education in efforts
to notify high-need local educational agencies of the
services available to them under the troops-to-teachers
program.
‘‘SEC. 2042. 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 Clearing-
house for Mathematics and Science Education.
‘‘Subpart 5—Funding
‘‘SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) FISCAL YEAR 2000.—For the purpose of carrying
out this part, there are authorized to be appropriated
$2,019,000,000 for fiscal year 2000, of which $15,000,000
are authorized to be appropriated to carry out subpart 4.
‘‘(b) OTHER FISCAL YEARS.—For the purpose of car-
rying out this part, there are authorized to be appropriated
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, sys-
tematic, and objective procedures to obtain valid
knowledge relevant to professional development of
teachers; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(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.—Section
10992(i) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8332(i)) is amended by strik-
ing ‘‘$4,000,000’’ and inserting ‘‘such sums as may be
necessary’’.
(2) REFERENCE TO NATIONAL CLEARINGHOUSE
FOR MATHEMATICS AND SCIENCE EDUCATION.—Sec-
tion 13302(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 8672(1)) is amended by
striking ‘‘2102(b)’’ and inserting ‘‘2042’’.
SEC. 3. AMENDMENTS RELATING TO READING EXCELLENCE
ACT.
(a) REPEAL OF PART B.—Part B of title II of the Ele-
mentary 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.—Sec-
tion 2260(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6661i) is amended by
adding at the end the following:
‘‘(3) FISCAL YEARS 2001 TO 2004.—There are au-
thorized 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 Sec-
ondary 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 MANDATORY NATIONAL CER-
TIFICATION OF TEACHERS.
‘‘(a) PROHIBITION ON MANDATORY TESTING OR CER-
TIFICATION.—Notwithstanding any other provision of law,
the Secretary is prohibited from using Federal funds to
plan, develop, implement, or administer any mandatory
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 edu-
cational 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)’’.