I 
108TH CONGRESS 
1ST SESSION 
H. R. 947
To authorize local educational agencies to prohibit the transfer of students 
under section 1116 of the Elementary and Secondary Education Act 
of 1965 to schools that are at or above capacity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2003
Mr. WEINER introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To authorize local educational agencies to prohibit the trans-
fer of students under section 1116 of the Elementary 
and Secondary Education Act of 1965 to schools that 
are at or above capacity, 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 ‘‘School Capacity Relief 
Act’’.
SEC. 2. TRANSFER OF STUDENTS TO SCHOOLS AT OR 
ABOVE CAPACITY. 
(a) IN GENERAL.—Paragraph (1) of section 1116(b) 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6316(b)(1)) is amended—
(1) in subparagraph (E)(i), by striking ‘‘In the 
case of a school’’ and inserting ‘‘Subject to clauses 
(ii) and (iii) of subparagraph (F), in the case of a 
school’’; and 
(2) in subparagraph (F)—
(A) by striking ‘‘(F) TRANSFER.—Stu-
dents who use’’ and inserting the following: 
‘‘(F) TRANSFER.—
‘‘(i) IN
GENERAL.—Students who 
use’’; and 
(B) by adding at the end the following: 
‘‘(ii) TRANSFER
TO
SCHOOL
ABOVE 
CAPACITY.—Subject to the right of a child 
who has been transferred to another school 
under this subsection to remain in that 
school under paragraph (13), a local edu-
cational agency may prohibit the transfer 
under 
subparagraph 
(E), 
paragraph 
(5)(A), (7)(C)(i), or (8)(A)(i), or sub-
section (c)(10)(C)(vii), of any student to a 
school served by the agency, if the agency
determines (for purposes of the school year 
at issue) that the school is at or above ca-
pacity or that the transfer of an additional 
student would increase the average class 
size of the school above the average class 
size prescribed by the State. 
‘‘(iii) NO MANDATORY INCREASE OF 
CAPACITY.—A local educational agency 
may not be required to increase the capac-
ity of any school served by the agency for 
the purpose of transferring any student to 
that school under subparagraph (E), para-
graph (5)(A), (7)(C)(i), or (8)(A)(i), or 
subsection (c)(10)(C)(vii).’’. 
(b) COOPERATIVE AGREEMENT.—Paragraph (11) of 
section 1116(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6316(b)(11)) is amended 
to read as follows: 
‘‘(11) COOPERATIVE AGREEMENT.—In any case 
described in paragraph (1)(E), (5)(A), (7)(C)(i), or 
(8)(A)(i), or subsection (c)(10)(C)(vii), if all public 
schools served by the local educational agency to 
which a child may transfer are identified for school 
improvement, corrective action, or restructuring, or 
are determined by the agency to be at or above ca-
pacity or otherwise ineligible for a transfer under 
paragraph (1)(F)(ii), the agency shall, to the extent 
practicable, establish a cooperative agreement with 
other local educational agencies in the area for a 
transfer.’’. 
SEC. 3. GRANTS FOR INCREASING SCHOOL CAPACITY. 
(a) GRANTS.—Title IV of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7101 et seq.) 
is amended by adding at the end the following: 
‘‘PART D—INCREASING SCHOOL CAPACITY 
‘‘SEC. 4401. GRANTS. 
‘‘(a) AUTHORITY.—The Secretary may award grants 
to eligible local educational agencies for the purpose of in-
creasing capacity at high-performance schools. 
‘‘(b) USE OF FUNDS.—The Secretary may not make 
a grant under this section unless the eligible local edu-
cational agency involved agrees that the agency will use 
the funds received under the grant only for measures to 
increase the capacity of high-performance schools served 
by that agency. Such measures may include renovating or 
constructing facilities at the high-performance school in-
volved, hiring teachers to teach at such school, or pur-
chasing instructional materials for use at such school. 
‘‘(c) APPLICATION.—To seek a grant under this sec-
tion, an eligible local educational agency shall submit an
application to the Secretary at such time, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘SEC. 4402. DEFINITIONS. 
‘‘For purposes of this part: 
‘‘(1) The term ‘eligible local educational agency’ 
means a local educational agency with a high per-
centage or number of students at schools identified 
for school improvement, corrective action, or restruc-
turing under section 1116(b). 
‘‘(2) The term ‘high-performance school’ means 
a school that is not identified for school improve-
ment, corrective action, or restructuring under sec-
tion 1116(b). 
‘‘SEC. 4403. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this part such sums as may be necessary for each of fiscal 
years 2004 through 2007.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents at section 2 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by inserting after the item 
relating to section 4304 the following:
‘‘PART D—INCREASING SCHOOL CAPACITY 
‘‘Sec. 4401. Grants. 
‘‘Sec. 4402. Definitions. 
‘‘Sec. 4403. Authorization of appropriations.’’.
SEC. 4. ESTABLISHMENT OF LIMITS ON DURATION OR DIS-
TANCE OF TRANSPORTATION PROVIDED TO 
TRANSFERRING STUDENTS. 
Paragraph (9) of section 1116(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6316(b)(9)) is amended by inserting before the period the 
following: ‘‘, unless the agency establishes a limit on the 
duration or distance of transportation to be provided or 
paid for under this paragraph and determines that trans-
porting the student would exceed such limit.’’.
Æ