Date: 2000-10-24
Speaker: EDDIE BERNICE JOHNSON (democrat)
Chamber: H
State: Texas

Mr. Speaker. I rise to speak on H.R. 4271 and want to express my appreciation for the leadership to the gentleman from Michigan and the gentleman from Texas and the efforts of other committee members. After a comprehensive effort and a set of hearings _of the Committee on Science organized by the gentleman from Michigan . which examined all aspects of K12 science and math education. we finally did come to an agreement on a comprehensive bill. a bill that incorporates a range of proposals from several Members on both sides of the aisle and addresses ways to improve teacher training. develops more effective educational materials and teaching practices to improve student learning and establishes programs to attract more women and minorities to careers in science and technology. I am concerned. however. about a provision that allows grants to private elementary and middle schools. I support the provisions of 4271. but I have a concern about the constitutionality of this provision. I am simply disappointed that the majority party would allow an unconstitutional provision in section 4 of H.R. 4271 to authorize a grant program at the National Science Foundation for competitive awards to public and private elementary and middle schools to hire master science teachers. I fully realize that every school needs these teachers. but we simply cannot spend public dollars on private schools in elementary and secondary levels for these schools to hire master teachers. We know that in these private schools. they have smaller classes. they are easier students to teach. and so consequently we feel that the master teachers probably would gravitate to these private schools. Who would blame them? Despite the efforts to try to remove this provision. it is still here. and we need a clean bill because we need the provisions otherwise of this bill. This section and only this section is the cause of much of my concern to the once highly supported bill by both sides of the aisle. Mr. Speaker. section 4 is clearly unconstitutional on the basis of a Supreme Court decision in Lemon v. Kurtzman. In that case. the Court disallowed a State program for providing salary supplements to teachers in private schools. Mr. Speaker. what we have today is simply an effort to get public dollars funneled into private schools. We simply mlust not do that in this body. The precedent set by this case is what we should follow today. The Court knew then. just as we know today. that implementation of a provision like this would serve to endanger this entire bill. As stated before. it was highly supported by both sides of the aisle. H.R. 4271 incorporated the Mathematics and Science Proficiency Partnership Act. a bill that I introduced last year. My legislation is a targeted measure. It seeks to bring schools with large populations of economically disadvantaged students together in partnership with businesses to improve science and math education and to recruit and support students in undergraduate education in science and technology fields. Before realizing the intentions of Section 4. I was also pleased that the bill included a provision I offered in Committee to establish a formal coordination and planning mechanism for federal K12 science education programs. Mr. Speaker. the nation must take advantage of the human resource potential of all our citizens if we are to succeed in the international economic com petition of the 21st century. Just as other members. I would like to see the good provisions of H.R. 4271 implemented. but I can not justify to the 30th district of Texas and to the American people support of such legislation that risks being struck down because of the unconstitutional provision. The American people can only benefit if we pass a bill that is constitutional and speaks to the welfare of all Americans. This can only be done without the inclusion of Section 4. We need reform efforts in science and math education that will engage and cultivate the interest of all children. not efforts that will put the grant application to hire master science teachers at risk by providing funding" to private schoolsyielding unconstitutional results. Indeed. H.R. 4271 addresses many aspects of K12 science and math education that plague our schools. At the same time. H.R. 4271 unconstitutionally serves to deny public schools the opportunities to become technologically savvy in this increasingly technological world. Due to the unconstitutional section of thislegislation. I urge my colleagues to correct this provision so that we can get the other provisions of the bill going. It is long overdue.