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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Restoring Authority to Schools Act
of 2004''.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to restore authority to the public schools to conduct
education as a human enterprise;
(2) to limit Federal court oversight of public schools to
that which is reasonable and necessary to implement Federal
law; and
(3) to allow State and local education officials to bring
new insights and solutions to problems of allocating revenues
and resources for the common good in keeping with their
designated legislative and executive powers.

SEC. 3. APPROPRIATE REMEDIES WITH RESPECT TO VIOLATIONS OF FEDERAL LAW
IN THE PUBLIC SCHOOLS.

(a) Requirements for Relief.--
(1) Prospective relief.--
(A) Prospective relief in any civil action with
respect to violations of Federal law in the public
schools shall extend no further than necessary to
correct the violation of the Federal right of a
particular plaintiff or plaintiffs. The court shall not
grant or approve any prospective relief unless the
court finds that such relief is narrowly drawn, extends
no further than necessary to correct the violation of
the Federal right, and is the least intrusive means
necessary to correct the violation of the Federal
right. The court shall give substantial weight to any
adverse impact on other students or the school
community as a whole caused by the relief.
(B) The court shall not order any prospective
relief that requires or permits a government official
to exceed his or her authority under State or local law
or otherwise violates State or local law, unless--
(i) Federal law requires such relief to be
ordered in violation of State or local law;
(ii) the relief is necessary to correct the
violation of a Federal right; and
(iii) no other relief will correct the
violation of the Federal right.
(2) Preliminary injunctive relief.--In any civil action
with respect to violations of Federal law in the public
schools, to the extent otherwise authorized by law, the court
may enter a temporary restraining order or an order for
preliminary injunctive relief. Preliminary injunctive relief
must be narrowly drawn, extend no further than necessary to
correct the harm the court finds requires preliminary relief,
and be the least intrusive means necessary to correct that
harm. The court shall give substantial weight to any adverse
impact on other students or the school community as a whole
caused by the preliminary relief and shall respect the
principles of comity set out in paragraph (1)(B) in tailoring
any preliminary relief. Preliminary injunctive relief shall
automatically expire on the date that is 90 days after its
entry, unless the court makes the findings required under
subsection (a)(1) for the entry of prospective relief and makes
the order final before the expiration of the 90-day period.
(b) Termination of Relief.--
(1) Termination of prospective relief.--
(A) In any civil action with respect to violations
of Federal law in the public schools in which
prospective relief is ordered, such relief shall be
terminable upon the motion of any party or intervener--
(i) 2 years after the date the court
granted or approved the prospective relief;
(ii) 1 year after the date the court has
entered an order denying termination of
prospective relief under this paragraph; or
(iii) in the case of an order issued on or
before the date of enactment of the Restoring
Authority to Schools Act (enacted ____ __,
2004), 2 years after such date of enactment.
(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
before the relief is terminated under subparagraph (A).
(2) Immediate termination of prospective relief.--In any
civil action with respect to violations of Federal law in the
public schools, a defendant or intervener shall be entitled to
the immediate termination of any prospective relief if the
relief was approved or granted in the absence of a finding by
the court that the relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal right,
and is the least intrusive means necessary to correct the
violation of the Federal right.
(3) Limitation.--Prospective relief shall not terminate if
the court makes written findings based on the record that
prospective relief remains necessary to correct a current and
ongoing violation of the Federal right, extends no further than
necessary to correct the violation of the Federal right, and
that the prospective relief is narrowly drawn and the least
intrusive means to correct the violation.
(4) Termination or modification of relief.--Nothing in this
section shall prevent any party or intervener from seeking
modification or termination before the relief is terminable
under paragraph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
(c) Settlements.--
(1) Consent decrees.--In any civil action with respect to
violations of Federal law in the public schools, the court
shall not enter or approve a consent decree unless it complies
with the limitations on relief set forth in subsection (a).
(2) Private settlement agreements.--
(A) Nothing in this section shall preclude parties
from entering into a private settlement agreement that
does not comply with the limitations on relief set
forth in subsection (a), if the terms of that agreement
are not subject to court enforcement other than the
reinstatement of the civil proceeding that the
agreement settled.
(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement has
been breached from seeking in State court any remedy
available under State law.
(d) State Law Remedies.--The limitations on remedies in this
section shall not apply to relief entered by a State court based solely
upon claims arising under State law.
(e) Procedure for Motions Affecting Prospective Relief.--
(1) Generally.--The court shall promptly rule on any motion
to modify or terminate prospective relief in a civil action
with respect to violations of Federal law in the public
schools. Mandamus shall lie to remedy any failure to issue a
prompt ruling on such a motion.
(2) Automatic stay.--Any motion to modify or terminate
prospective relief made under subsection (b) shall operate as a
stay during the period--
(A)(i) beginning on the 30th day after such motion
is filed, in the case of a motion made under paragraph
(1) or (2) of subsection (b); or
(ii) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law; and
(B) ending on the date the court enters a final
order ruling on the motion.
(3) Postponement of automatic stay.--The court may postpone
the effective date of an automatic stay specified in subsection
(e)(2)(A) for not more than 60 days for good cause. No
postponement shall be permissible because of general congestion
of the court's calendar.
(4) Order blocking the automatic stay.--Any order staying,
suspending, delaying, or barring the operation of the automatic
stay described in paragraph (2) (other than an order to
postpone the effective date of the automatic stay under
paragraph (3)) shall be treated as an order refusing to
dissolve or modify an injunction and shall be appealable
pursuant to section 1292(a)(1) of title 28, United States Code,
regardless of how the order is styled or whether the order is
termed a preliminary or a final ruling.
(f) Special Masters.--
(1) In general.--
(A) In any civil action in a Federal court with
respect to violations of Federal law in the public
schools, the court may appoint a special master who
shall be disinterested and objective and who will give
due regard to balancing the needs of the school
community as a whole against the requested relief, to
conduct hearings on the record and prepare proposed
findings of fact.
(B) The court shall appoint a special master under
this subsection during the remedial phase of the action
only upon a finding that the remedial phase will be
sufficiently complex to warrant the appointment.
(2) Appointment.--
(A) If the court determines that the appointment of
a special master is necessary, the court shall request
that the defendant State officials and the plaintiff
each submit a list of not more than 5 persons to serve
as a special master.
(B) Each party shall have the opportunity to remove
up to 3 persons from the opposing party's list.
(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
(3) Interlocutory appeal.--Any party shall have the right
to an interlocutory appeal of the judge's selection of the
special master under this subsection, on the ground of
partiality.
(4) Compensation.--The compensation to be allowed to a
special master under this section shall be based on an hourly
rate not greater than the hourly rate established under section
3006A for payment of court-appointed counsel, plus costs
reasonably incurred by the special master. Such compensation
and costs shall be paid with funds appropriated to the
Judiciary.
(5) Regular review of appointment.--In any civil action
with respect to violations of Federal law in the public schools
in which a special master is appointed under this subsection,
the court shall review the appointment of the special master
every 6 months to determine whether the services of the special
master continue to be required under paragraph (1). In no event
shall the appointment of a special master extend beyond the
termination of the relief.
(6) Limitations on powers and duties.--A special master
appointed under this subsection--
(A) may be authorized by a court to conduct
hearings and prepare proposed findings of fact, which
shall be made on the record;
(B) shall not make any findings or communications
ex parte;
(C) may be authorized by a court to assist in the
development of remedial plans; and
(D) may be removed at any time, but shall be
relieved of the appointment upon the termination of
relief.
(g) Definitions.--As used in this section--
(1) the term ''consent decree'' means any relief entered by
the court that is based in whole or in part upon the consent or
acquiescence of the parties, but does not include private
settlements;
(2) the term ''civil action with respect to violations of
Federal law in the public schools'' means any civil proceeding
arising under Federal law with respect to any aspect of
operation of the public schools or the provision of public
education, including extra curricular and ancillary activities,
but does not include civil proceedings relating to
desegregation of the public schools;
(3) the term ''public schools'' means a public elementary
or secondary school as such terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. Sec. 7801);
(4) the term ''private settlement agreement'' means an
agreement entered into among the parties that is not subject to
judicial enforcement other than the reinstatement of the civil
proceeding that the agreement settled;
(5) the term ''prospective relief'' means all relief other
than compensatory monetary damages;
(6) the term ''special master'' means any person appointed
by a Federal court pursuant to Rule 53 of the Federal Rules of
Civil Procedure or pursuant to any inherent power of the court
to exercise the powers of a master, regardless of the title or
description given by the court; and
(7) the term ''relief'' means all relief in any form that
may be granted or approved by the court, and includes consent
decrees but does not include private settlement agreements.
Restoring Authority to Schools Act of 2004 - Requires prospective relief in any civil action for violations of Federal law in public schools to be narrowly drawn, to extend no further than necessary, and to reflect the least intrusive means necessary to correct the violation. Requires the court to give substantial weight to any adverse impact on other students or the school community caused by such relief.

Prohibits the court from ordering prospective relief that requires or permits government officials to exceed their authority under State or local law or otherwise violates such law unless Federal law so requires, the relief is necessary, and no other relief will correct the violation.

Authorizes the court to enter a temporary restraining order or an order for preliminary injunctive relief with respect to violations of Federal law in public schools to the extent otherwise authorized by law if the order complies with the limitations on prospective relief set forth in this Act.

Requires the termination of prospective relief upon the motion of any party or intervener at specified times. Entitles defendants or interveners to the immediate termination of such relief if it was approved or granted in the absence of a finding that the limitations set forth in this Act were met.

Prohibits the court from entering or approving a consent decree absent compliance with such limitations.

Sets forth procedures for motions affecting prospective relief.

Authorizes the court to appoint a special master in those civil actions addressed by this Act.