I 
111TH CONGRESS 
1ST SESSION H. R. 1758 
To provide for the establishment of a commission to stimulate and engage 
in an informed, national, and public dialogue about how to ensure that 
each student in the United States receives an equitable education that 
enables the student to achieve his or her maximum academic potential. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2009 
Mr. HONDA (for himself, Ms. HIRONO, Mr. GRIJALVA, Mr. FATTAH, Mr. 
CLEAVER, and Mr. SPACE) introduced the following bill; which was re-
ferred to the Committee on Education and Labor 
A BILL 
To provide for the establishment of a commission to stimu-
late and engage in an informed, national, and public 
dialogue about how to ensure that each student in the 
United States receives an equitable education that en-
ables the student to achieve his or her maximum aca-
demic potential. 
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 ‘‘The Educational Op-
portunity and Equity Commission Act of 2009’’. 
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SEC. 2. FINDINGS; SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds the following: 
(1) There are vast disparities in the educations 
provided by schools throughout the United States. 
(2) The educational disparities are reinforced 
by funding disparities, such as the following: 
(A) The school district in the United 
States with the greatest spending per student 
spends 9.12 times more per student annually 
than the United States school district with the 
least spending per student. 
(B) The school district in California with 
the greatest spending per student spends 4.24 
times more per student annually than the Cali-
fornia school district with the least spending 
per student. 
(3) The schools of the United States do not 
meet the educational needs of all students, despite 
the wealth of the Nation. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that the people of the United States should 
engage in an informed, national, and public dialogue on 
how to ensure that each student in the United States re-
ceives an equitable education that enables the student to 
achieve his or her maximum educational potential. 
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SEC. 3. ESTABLISHMENT OF COMMISSION. 
There shall be established a commission to be known 
as the ‘‘Educational Opportunity and Equity Commis-
sion’’ (in this Act referred to as the ‘‘Commission’’). 
SEC. 4. DUTIES OF COMMISSION. 
The Commission shall study ways to enable each stu-
dent attending a school in the United States to achieve 
his or her maximum academic potential, with particular 
emphasis on the following: 
(1) Ensuring that a school receives adequate re-
sources to meet the educational needs of each stu-
dent in the school. 
(2) The methods available, or that need to be 
developed, to determine the educational needs of a 
student. 
(3) Identifying and devising innovative strate-
gies for State and local educational agencies to— 
(A) enable each student to achieve his or 
her maximum academic potential; and 
(B) participate in reforming the methods 
by which schools are funded, to achieve edu-
cational equity. 
SEC. 5. MEMBERSHIP OF COMMISSION. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 15 members, as follows: 
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(1) The Secretary of Education (in this Act re-
ferred to as the ‘‘Secretary’’). 
(2) Fourteen individuals appointed by the Sec-
retary, in collaboration with the President of the Na-
tional Academy of Sciences, in accordance with sub-
section (b). 
(b) CRITERIA FOR SELECTION.— 
(1) ELIGIBILITY.—Within 90 days after funds 
are first appropriated to carry out this Act, the Sec-
retary shall make the appointments provided for in 
subsection (a)(2) from among individuals— 
(A) who submit an application as the Sec-
retary shall require; and 
(B) who are any of the following: 
(i) A student. 
(ii) A parent or guardian of a student. 
(iii) An individual familiar with spe-
cial education. 
(iv) An officer of a State educational 
agency. 
(v) A teacher. 
(vi) A principal or school adminis-
trator. 
(vii) A school board member 
(viii) A businessperson. 
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(ix) A college or university professor 
of education. 
(x) An expert in— 
(I) educational equity; 
(II) civil rights law; 
(III) constitutional law; 
(IV) educational policy; 
(V) school finance; 
(VI) economics; 
(VII) taxation; 
(VIII) land use or zoning law; or 
(IX) any other field the Commis-
sion considers relevant. 
(xi) An individual with relevant expe-
rience or knowledge. 
(2) DIVERSITY.—In making the appointments, 
the Secretary shall ensure that the Commission rep-
resents the geographical, economic, and cultural di-
versity of the United States. 
(3) PROHIBITED
APPOINTMENTS.—The Sec-
retary may not appoint to the Commission an indi-
vidual who is registered as a lobbyist under section 
4 of the Lobbying Disclosure Act of 1995 or any 
State law. 
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(c) TERMS OF APPOINTED COMMISSION MEMBERS.— 
A Commission member appointed under subsection (a)(2) 
shall be appointed for the life of the Commission. 
(d) VACANCIES.— 
(1) HOW FILLED.—A vacancy in the Commis-
sion shall be filled in the manner in which the origi-
nal appointment was made. 
(2) LENGTH
OF
SERVICE.—A Commission 
member appointed to fill a vacancy in the Commis-
sion occurring before the end of the term for which 
the predecessor of the member was appointed shall 
be appointed only for the remainder of the term. 
(e) COMPENSATION.— 
(1) BASIC PAY.—For each day, including travel 
time, a Commission member is engaged in the per-
formance of Commission duties, the member shall be 
entitled to the daily equivalent of the annual rate of 
basic pay for level IV of the Executive Schedule, 
subject to section 11(b)(1). 
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—The Secretary, an officer or 
employee of the Federal Government, or a Member 
of Congress may not receive additional pay, allow-
ances, or benefits by reason of service on the Com-
mission. 
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(f) TRAVEL EXPENSES.—A Commission member may 
receive travel expenses, including per diem in lieu of sub-
sistence, in accordance with applicable provisions under 
subchapter I of chapter 57 of title 5, United States Code. 
(g) CHAIRPERSON.—Within 15 days after all initial 
appointments to the Commission have been made, the Sec-
retary shall designate 1 Commission member as the chair-
person (in this Act referred to as the ‘‘chairperson’’) of 
the Commission. 
(h) TAKING ACTION.—The Commission may take ac-
tion at a meeting only by a majority vote of the Commis-
sion members present at the meeting. 
(i) RULES OF PROCEDURE.—Within 15 days after 
the designation of the chairperson, the Commission shall 
adopt rules of procedure. 
SEC. 6. COMMISSION OPERATIONS. 
(a) EXECUTIVE DIRECTOR; STAFF.— 
(1) APPOINTMENT OF EXECUTIVE DIRECTOR.— 
The chairperson shall appoint an Executive Director 
of the Commission. 
(2) HIRING OF STAFF.—The Commission may 
hire additional personnel as the Commission con-
siders appropriate. 
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(b) COMPENSATION OF EXECUTIVE DIRECTOR AND 
STAFF.—Subject to section 11(b)(1), the Commission 
shall pay— 
(1) the Executive Director at the annual rate of 
basic pay for level III of the Executive Schedule; and 
(2) an individual hired under subsection (a)(2) 
at a rate that may not exceed the daily equivalent 
of the annual rate of basic pay for grade GS–14 of 
the General Schedule. 
(c) EXPERTS AND CONSULTANTS.—Subject to rules 
prescribed by the Commission, the Executive Director may 
procure temporary and intermittent services in the same 
manner as an agency under section 3109(b) of title 5, 
United States Code. 
(d) STAFF OF FEDERAL AGENCIES.—On request of 
the Commission, to assist the Commission in carrying out 
the duties of the Commission— 
(1) the Secretary may detail to the Commission 
not more than 10 personnel of the Department of 
Education; 
(2) the head of any other Federal department 
or agency may detail personnel, services, or facilities 
of the department or agency to the Commission, 
subject to paragraph (3); and 
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(3) a total of not more than 10 personnel may 
be detailed to the Commission under paragraph (2). 
SEC. 7. POWERS OF COMMISSION. 
(a) HEARINGS AND SESSIONS.—To carry out the du-
ties of the Commission— 
(1) the Commission shall conduct public hear-
ings, including hearings in which testimony is re-
ceived from experts such as described in section 
5(b)(1)(B)(x); and 
(2) the Commission may, as the Commission 
considers appropriate, sit and act, take testimony, 
and receive evidence. 
(b) POWERS
OF
COMMISSION
MEMBERS
AND 
AGENTS.—The Commission may authorize any Commis-
sion member or agent of the Commission to take any ac-
tion which the Commission is authorized to take by this 
Act. 
(c) OBTAINING OFFICIAL DATA.—The Commission 
may secure, directly from any department or agency of 
the United States, information necessary to enable the 
Commission to carry out this Act. On request of the chair-
person, the head of the department or agency shall furnish 
the information to the Commission, subject to any applica-
ble limitations of Federal law. 
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(d) ADMINISTRATIVE SUPPORT SERVICES.—On re-
quest of the chairperson, the Administrator of General 
Services shall provide to the Commission, on a reimburs-
able basis, human resources management, budget, leasing, 
accounting, payroll services, and other services necessary 
for the Commission to carry out the duties of the Commis-
sion. 
(e) CONTRACT AUTHORITY.— 
(1) IN GENERAL.—Subject to paragraph (2) of 
this subsection and section 11(b)(2), the Commis-
sion may enter into contracts with and compensate 
a government or private agency or person for the 
conduct of activities necessary for the Commission to 
carry out the duties of the Commission. 
(2) DURATION.—The Commission may not 
enter into a contract if the terms of the contract ex-
tend beyond the date the Commission terminates. 
(f) AUTHORITY
TO
ACCEPT
VOLUNTARY
SERV-
ICES.— 
(1) IN
GENERAL.—Notwithstanding section 
1342 of title 31, United States Code, the Commis-
sion may accept the service of a volunteer. 
(2) REIMBURSEMENT OF VOLUNTEER.—In ac-
cordance with applicable provisions under subchapter 
I of chapter 57 of title 5, United States Code, the 
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Commission may reimburse a volunteer for expenses 
for office supplies and local travel, and for travel ex-
penses, including per diem in lieu of subsistence, in-
curred in performing services for the Commission. 
(3) VOLUNTEER
DEEMED
A
FEDERAL
EM-
PLOYEE.—While performing services for the Com-
mission, a volunteer is deemed an employee of the 
Federal Government for the purposes of the fol-
lowing: 
(A) Chapter 81 of title 5, United States 
Code, relating to compensation for work-related 
injuries. 
(B) Chapter 11 of title 18, United States 
Code, relating to conflicts of interest. 
(C) Chapter 171 of title 28, United States 
Code, relating to tort claims. 
(g) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
SEC. 8. PUBLIC ENGAGEMENT AND COMMUNITY OUT-
REACH PROGRAMS. 
(a) IN GENERAL.—Within 180 days after the ap-
pointment of the chairperson, the Commission shall com-
mence outreach programs with communities throughout 
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the United States, to engage the communities in a public 
dialogue on how to ensure that the schools in the commu-
nities enable each student in the United States to achieve 
his or her maximum academic potential. 
(b) METHODS.—The outreach programs shall, to the 
maximum extent possible, include the following: 
(1) Meetings. 
(2) Surveys. 
(3) Telephone polls. 
(4) Conference calls. 
(5) Internet messaging and forums. 
(6) Electronic mail. 
(c) REQUIREMENTS.— 
(1) SELECTION OF COMMUNITIES.—In selecting 
communities in which to conduct an outreach pro-
gram, the Commission shall ensure that the outreach 
programs represent, to the maximum extent pos-
sible, the geographic diversity of the United States 
and the economic and cultural diversity of the popu-
lations of the communities. 
(2) PUBLIC EVENTS.—Any event the Commis-
sion conducts as part of an outreach program shall 
be open to the public. 
(3) CONDUCT
OF
OUTREACH
PROGRAMS.—In 
conducting an outreach program: 
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(A) CHAIR.—The chairperson shall des-
ignate 1 Commission member to serve as the 
chair of an event that is part of the program. 
(B) ISSUES.—The chair shall endeavour to 
have the attendees address the following issues: 
(i) The benefits to the United States 
of investing in enabling each student to 
achieve his or her maximum academic po-
tential. 
(ii) How to ensure that each student 
achieves his or her maximum academic po-
tential. 
(iii) How to establish educational eq-
uity for all students. 
(iv) How to determine the educational 
needs of a student. 
(v) How to evaluate the effectiveness 
of a school in meeting the educational 
needs of a student at the school. 
(vi) The methods by which schools 
should be funded. 
(C) 
PARTICIPATION.—The 
Commission 
shall encourage broad participation in the pro-
gram by any reasonable means the Commission 
considers appropriate. 
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SEC. 9. REPORTS AND OTHER PUBLICATIONS OF COMMIS-
SION. 
(a) QUARTERLY REPORTS.— 
(1) IN GENERAL.—Every 90 days after the des-
ignation of the chairperson, the Commission shall 
prepare a report detailing the expenditures and ac-
tivities of the Commission. 
(2) SUBMISSION.—The Commission shall sub-
mit each such report to each entity referred to in 
subsection (b)(4)(A) and make the report widely 
available. 
(b) FINAL REPORT.— 
(1) CONTENT.—The final report of the Com-
mission shall include the following: 
(A) DISCHARGE
DUTIES
OF
COMMIS-
SION.—The findings and conclusions of the 
Commission on the matters described in section 
4. 
(B) BASIS OF CONCLUSIONS.—The basis of 
the findings and conclusions, including the re-
sults of hearings conducted under section 7(a) 
and the outreach programs conducted under 
section 8. 
(C) OTHER TOPICS TO BE ADDRESSED.— 
A summary of the following: 
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(i) The role the Federal, State, and 
local governments should have in estab-
lishing sufficient funding to ensure that 
each student receives an equitable edu-
cation that enables the student to achieve 
his or her maximum academic potential. 
(ii) The unmet educational needs of 
students, and the benefits of providing the 
necessary support to enable schools meet 
their needs. 
(iii) Recommendations on how to as-
sess the educational needs of a student, the 
types of assessments available, and how to 
develop additional assessments to enable 
educators to better understand the edu-
cational needs of a student. 
(iv) Information concerning the cost 
of education in different settings, with con-
sideration of variations in geography, 
needs of student populations, and con-
centrations of student populations. 
(v) The methods by which schools are 
and should be funded. 
(2) PUBLICATION OF DRAFT REPORT.—Within 
480 days after the designation of the chairperson, 
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the Commission shall publish a draft of the final re-
port. 
(3) PUBLIC
COMMENT
PERIOD.—During the 
45-day period beginning with the date the draft re-
port is published, the Commission shall solicit and 
receive comments from the public on the draft re-
port. 
(4) ISSUANCE OF FINAL REPORT.— 
(A) IN GENERAL.—Within 165 days after 
publishing the draft report, and after taking 
into account any comments received under 
paragraph (3), the Commission shall submit the 
final report to— 
(i) the Committees on Finance, on 
Health, Education, Labor, and Pensions, 
and on Appropriations of the Senate; 
(ii) the Committees on Ways and 
Means, on Education and Labor, and on 
Appropriations of the House of Represent-
atives; 
(iii) the President of the National 
Academy of Sciences; and 
(iv) the President of the United 
States. 
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(B) APPROVALS REQUIRED; INCLUSION OF 
MINORITY VIEWS.— 
(i) 
APPROVALS
REQUIRED.—The 
Commission may not issue the final report 
without the approval of at least 10 Com-
mission members. 
(ii) 
INCLUSION
OF
MINORITY 
VIEWS.—The Commission may include a 
minority view in the final report. 
(5) CONGRESSIONAL
HEARINGS.—It is the 
sense of the Congress that the Committees specified 
in paragraph (4)(A) should hold hearings on the in-
formation in the final report. 
(c) FORMAT OF PUBLICATIONS; TIMING; ACCESSI-
BILITY.— 
(1) FORMAT OF PUBLICATIONS.—The Commis-
sion shall cause to have published all reports pre-
pared under this section, minutes of all Commission 
meetings, and transcripts of all Commission hear-
ings, in a format that is understandable to the pub-
lic. 
(2) TIMING.—The Commission shall cause to 
have published the information described in para-
graph (1)— 
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(A) on the Internet website of the Depart-
ment of Education, within 15 days after prepa-
ration of the information; and 
(B) in print, within 60 days after prepara-
tion of the information. 
(3) ACCESSIBILITY.—The Secretary shall main-
tain, on the Internet website of the Department of 
Education, the information published under para-
graph (1), in a matter that is accessible to the pub-
lic. 
SEC. 10. TERMINATION OF COMMISSION. 
The Commission shall terminate 45 days after 
issuing the final report under section 9(b)(4). 
SEC. 11. LIMITATIONS ON AUTHORIZATION OF APPROPRIA-
TIONS. 
(a) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—There are authorized to be appropriated to 
carry out this Act, other than section 9(b), not more than 
$10,000,000, to remain available until expended. 
(b) LIMITATIONS ON USE OF FUNDS.—To the extent 
or in the amounts provided in advance in appropriation 
Acts, the Commission may do the following: 
(1) Pay compensation under sections 5(e)(1) 
and 6(b). 
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(2) Enter into contracts with and compensate a 
government or private agency or person for the con-
duct of activities, under section 7(e). 
SEC. 12. FEDERAL ADVISORY COMMITTEE ACT NOT TO 
APPLY. 
The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission. 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) EDUCATION.—The term ‘‘education’’ means 
learning occurring in public schools in the United 
States from pre-kindergarten through the 12th 
grade, including homeschooling. 
(2) EDUCATIONAL
EQUITY.—The term ‘‘edu-
cational equity’’ means the educational policies, and 
practices necessary to— 
(A) meet the educational requirements of 
each student, regardless of his or her socio-
economic status, national origin, gender, or the 
location of his or her school; 
(B) foster the maximum development of 
the potential of each student; and 
(C) ensure that each student has the 
knowledge and skills needed to participate effec-
tively in community life as a worker, citizen, 
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parent, or leader, and as a role model for future 
generations. 
(3) EDUCATIONAL
NEEDS.—The term ‘‘edu-
cational needs’’ means the academic and develop-
mental requirements for a student to achieve his or 
her maximum academic potential, determined after 
taking into account the unique abilities and cir-
cumstances of the student. 
Æ 
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