I
106TH CONGRESS
1ST SESSION
H. R. 2971
To provide parents whose children attend an academic emergency school
with education alternatives.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1999
Mr. ARMEY (for himself, Mr. BOEHNER, Mr. WATTS of Oklahoma, and Mr.
SHAYS) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
A BILL
To provide parents whose children attend an academic
emergency school with education alternatives.
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 ‘‘Academic Emergency
Act’’.
SEC. 2. PROGRAM AUTHORIZED.
(a) IN GENERAL.—The Secretary is authorized to
provide funds to States that have 1 or more schools des-
ignated under section 3 as academic emergency schools to
provide parents whose children attend such schools with
education alternatives.
(b) GRANTS TO STATES.—Grants awarded to a State
under this Act shall be awarded for a period of not more
than 5 years.
SEC. 3. ACADEMIC EMERGENCY DESIGNATION.
(a) DESIGNATION.—The Governor of each State may
designate 1 or more schools in the State that meet the
eligibility requirements set forth in subsection (b) as aca-
demic emergency schools.
(b) ELIGIBILITY.—To be designated as an academic
emergency school, the school shall be a public elementary
school—
(1) with a consistent record of poor perform-
ance by failing to meet minimum academic stand-
ards as determined by the State; and
(2) in which more than 50 percent of the chil-
dren attending are eligible for free or reduced price
lunches under the National School Lunch Act (42
U.S.C. 1751 et seq.).
(c) LIST TO SECRETARY.—To receive a grant under
this Act, the Governor shall submit a list of academic
emergency schools to the State educational agency and the
Secretary.
SEC. 4. APPLICATION AND STATE SELECTION.
(a) APPLICATION.—Each State in which the Gov-
ernor has designated 1 or more schools as academic emer-
gency schools shall submit an application to the Secretary
that includes the following:
(1) ASSURANCES.—Assurances that the State
shall—
(A) use the funds provided under this Act
to supplement, not supplant, State and local
funds that would otherwise be available for the
purposes of this Act;
(B) provide written notification to the par-
ents of every child eligible to receive academic
emergency relief funds under this Act, inform-
ing the parents of the voluntary nature of the
program established under this Act, and the
availability of qualified schools within their geo-
graphic area;
(C) provide parents and the education
community with easily accessible information
regarding available education alternatives; and
(D) not reserve more than 4 percent of the
amount made available under this Act to pay
administrative expenses.
(2) INFORMATION.—Information regarding each
academic emergency school, for the school year in
which the application is submitted, regarding the
number of children attending such school, including
the number of children who are eligible for free or
reduced-price lunch under the National School
Lunch Act (42 U.S.C. 1751 et seq.) and the level of
student performance.
(b) STATE AWARDS.—
(1) STATE SELECTION.—From the amount ap-
propriated pursuant to the authority of section 14 in
any fiscal year, the Secretary shall award grants to
States in accordance with this section.
(2) PRIORITY.—To the extent practicable, the
Secretary shall ensure that each State that com-
pletes an application in accordance with subsection
(a) shall receive a grant of sufficient size to provide
education alternatives to not less than 1 academic
school.
(3) AWARD
CRITERIA.—In determining the
amount of a grant award to a State under this Act,
the Secretary shall take into consideration the num-
ber of schools designated as academic emergencies in
the State and the number of eligible students in
such schools.
(4) STATE PLAN.—Each State that applies for
funds under this Act shall establish a plan—
(A) to distribute funds to academic emer-
gency schools selected under section 5(a)(1);
(B) to ensure that—
(i) the greatest number of eligible stu-
dents who attend academic emergency
schools have an opportunity to receive an
academic emergency relief funds; and
(ii) each academic emergency school
continues to receive, in accordance with
section 5(c), payments for each eligible
student who leaves the school to attend a
qualified school;
(C) to develop a simple procedure to allow
parents of participating eligible students and
selected academic emergency schools to redeem
academic emergency relief funds.
SEC. 5. AWARDS TO ACADEMIC EMERGENCY SCHOOLS.
(a) SUBGRANT AWARDS.—
(1) IN GENERAL.—From amounts made avail-
able under this Act to a State and not reserved for
administrative expenses under section 4(a)(1)(D),
the State shall select academic emergency schools to
receive a subgrant based on—
(A) the number of eligible students attend-
ing academic emergency school;
(B) the availability of qualified schools
near such schools; and
(C) the academic performance of students
in such schools.
(2) CLASS SIZE REDUCTION.—The funds made
available to an academic emergency school pursuant
to subsection (c)(1)(B) shall be used exclusively to
reduce class size.
(b) INSUFFICIENT FUNDS.—If the amount of funds
made available to a State under this Act is insufficient
to provide every eligible student in a selected academic
emergency school with academic emergency relief funds,
the State shall devise a random selection process to pro-
vide eligible students in such school whose family income
does not exceed 185 percent of the poverty line the oppor-
tunity to participate in education alternatives established
pursuant to this Act.
(c) PAYMENTS.—
(1) IN GENERAL.—From the funds made avail-
able to a State under this Act, a State shall—
(A) pay not more than $3,500 in academic
emergency relief funds to the parents of each
participating eligible student; and
(B) pay $3,500 to an academic emergency
school selected for participation under this Act
for each participating eligible student who
chooses to attend a qualified school.
(2) PERIOD OF AWARDS.—The academic emer-
gency relief funds awarded to parents of partici-
pating eligible students and the amounts distributed
to academic emergency schools under paragraph (1)
shall be awarded for each school year during the
grant period which shall terminate—
(A) when a participating eligible student is
no longer a student in the State; or
(B) at the end of 5 years,
whichever occurs first.
(3) DURATION.—A State shall continue to re-
ceive funds under this Act for distribution to parents
of participating eligible students and selected aca-
demic emergency schools in accordance with sub-
section (a).
SEC. 6. QUALIFIED SCHOOLS.
(a) QUALIFICATIONS.—A State that submits an ap-
plication to the Secretary under section 4 shall publish the
qualifications necessary for a school to participate as a
qualified school under this Act. At a minimum, each such
school shall—
(1) provide assurances to the State that it will
comply with section 10;
SEC. 10. CIVIL RIGHTS.
(a) IN GENERAL.—A qualified school under this Act
shall not discriminate on the basis of race, color, national
origin, or sex in carrying out the provisions of this Act.
(b) APPLICABILITY AND CONSTRUCTION WITH RE-
SPECT TO DISCRIMINATION ON THE BASIS OF SEX.—
(1) APPLICABILITY.—With respect to discrimi-
nation on the basis of sex, subsection (a) shall not
apply to a qualified school that is controlled by a re-
ligious organization if the application of subsection
(a) is inconsistent with the religious tenets of the
qualified school.
(2) SINGLE-SEX SCHOOLS, CLASSES, OR ACTIVI-
TIES.—With respect to discrimination on the basis
of sex, nothing in subsection (a) shall be construed
to prevent a parent from choosing, or a qualified
school from offering, a single-sex school, class, or ac-
tivity.
SEC. 11. RULES OF CONSTRUCTION.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to prevent a qualified school that is operated by,
supervised by, controlled by, or connected to a religious
organization from employing, admitting, or giving pref-
erence to persons of the same religion to the extent deter-
mined by such school to promote the religious purpose for
which the qualified school is established or maintained.
(b) SECTARIAN PURPOSES.—Nothing in this Act
shall be construed to prohibit the use of funds made avail-
able under this Act for sectarian educational purposes, or
to require a qualified school to remove religious art, icons,
scripture, or other symbols.
SEC. 12. CHILDREN WITH DISABILITIES.
Nothing in this Act shall affect the rights of students,
or the obligations of public schools of a State, under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
SEC. 13. DEFINITIONS.
As used in this Act:
(1) The terms ‘‘local educational agency’’ and
‘‘State educational agency’’ have the same meanings
given such terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
8801).
(2) The term ‘‘eligible student’’ means a stu-
dent enrolled in an academic emergency school dur-
ing the school year in which the Governor designates
the school as an academic emergency school in a
grade between K and 4th.
(3) The term ‘‘Governor’’ means the chief exec-
utive officer of the State.
(4) The term ‘‘parent’’ includes a legal guard-
ian or other person standing in loco parentis.
(5) The term ‘‘poverty line’’ means the income
official poverty line (as defined by the Office of Man-
agement 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)) appli-
cable to a family of the size involved.
(6) The term ‘‘qualified school’’ means a public,
private, or independent elementary school that meets
the requirements of section 6 and any other quali-
fications established by the State to accept academic
emergency relief funds from the parents of partici-
pating eligible students.
(7) The term ‘‘Secretary’’ means the Secretary
of Education.
(8) The term ‘‘State’’ means each of the 50
States and the District of Columbia.
SEC. 15. AUTHORIZATIONS OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act $200,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the fiscal years 2001
through 2004, except that the amount authorized to be
appropriated may not exceed $200,000,000 for any fiscal
year.
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