(Sec. 103) Bases award amounts on LEA's average daily attendance relative to that of such students in all States for the preceding year.
(Sec. 104) Requires any failing LEA, which is classified as unaccredited or failing under performance-based standards by its State educational agency (SEA), to use such an award only for purposes directly related to improving elementary and secondary school students' academic performance consistent with specified provisions.
Requires any funds provided to a failing LEA under title I (Helping Disadvantaged Children Meet High Standards) of the Elementary and Secondary Education Act of 1965 (ESEA) to be spent in accordance with this Act. Makes inapplicable to a failing LEA certain provisions of title I of ESEA, other than specified allocation and allotment provisions.
Requires failing LEAs to submit to the Secretary plans that: (1) describe the activities to be funded under this Act consistent with specified requirements; and (2) may request an exemption from the uses of funds restrictions under such requirements for schools served by the failing LEA that met SEA performance-based accreditation or categorization standards for the previous fiscal year. Requires failing LEAs, upon the Secretary's approval of their plans, to widely disseminate such plans throughout the area they serve and to post their plans on the Internet.
Permits each failing LEA to use the direct award provided under this Act and the funds provided under title I of ESEA, for the fiscal year of the approved plan, only to: (1) recruit, retain, and reward high-quality teachers; (2) focus on teaching basic educational skills; (3) provide remedial instruction in core academic subjects assessed by SEA or LEA standards; (4) fund mentoring programs for elementary and secondary school students needing assistance in reading, writing, or arithmetic; (5) use proven methods of instruction, such as phonics, based upon reliable research; (6) provide for extended day learning; (7) ensure that parents realize they play a significant role in their child's educational success, and encourage parents to become active in their child's education; and (8) provide any other activity that an LEA proposes, and the Secretary approves, as one that relates directly to improving students' academic performance.
Requires failing LEAs to submit annual reports to the Secretary on their use of funds and the annual performance of all their children as measured by their SEA standards. Requires individual student privacy protections in, and wide dissemination and Internet posting of, such reports.
Makes such requirements for failing LEAs inapplicable to any such LEA if it meets SEA standards for two consecutive fiscal years after it is required to use funds in accordance with such requirements. Allows such an LEA to receive a bonus award from specified funds, to use for purposes such as providing professional development opportunities to, and otherwise rewarding, teachers and principals who improved student performance. Provides that the LEA shall determine how to distribute such bonus award to individual elementary and secondary schools, and that a school receiving such an award shall determine how it will be spent. Authorizes appropriations for such bonus awards.
Penalizes failing LEAs for improper use of funds under this Act.
(Sec. 105) Authorizes audits and enforcement of certain sanctions to ensure proper use of funds under this Act.
(Sec. 106) Authorizes appropriations to carry out this title. Directs the Secretary to use such funds appropriated for each fiscal year to continue to make payments to eligible recipients pursuant to any multiyear award made prior to the date of enactment of this Act under certain provisions of law repealed under this Act.
(Sec. 107) Repeals: (1) specified ESEA provisions for demonstration project grants to improve student achievement; (2) specified ESEA provisions for school technology resource grants; (3) title VI (Innovative Education Program Strategies) of ESEA; (4) part C (Emergency Immigrant Education Program)of title VII of ESEA; (5) part A (Fund for the Improvement of Education) of title X of ESEA; (6) title III (State and Local Education Systemic Improvement) of the Goals 2000: Educate America Act (G2000EAA); (7) title IV (Parental Assistance) of G2000EAA; (8) the School-to-Work Opportunities Act of 1994; (9) subtitle B (Education for Homeless Children and Youth) of title VII of the Stewart B. McKinney Homeless Assistance Act; and (10) specified provisions for funds to reduce class size in elementary and secondary schools, and alternative uses of such funds, under the Department of Education Appropriations Act, 1999.
Title II: Good Student Scholarships - Amends the Higher Education Act of 1965 to direct the Secretary to award achievement-based college scholarships to students graduating from failing or unaccredited schools or school districts (Good Student Scholarships program).
(Sec. 201) Makes eligible for such a scholarship any secondary school student who: (1) graduates from a public secondary school or a public or private secondary school in a school district that is failing or unaccredited, as determined by the SEA; (2) has been in attendance at that school for at least two years; (3) ranks in the top ten percent academically in such student's class; (4) has an average ACT or SAT score that is equal to or greater than the national average; and (5) is in a family with income not more than $100,000.
Makes each such award equal to the maximum appropriated Federal Pell Grant for such year.
Authorizes appropriations for the Good Student Scholarships program.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2159 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2159
To provide flexibility when merited and accountability when warranted
in the Nation's elementary schools and secondary schools, to amend the
Higher Education Act of 1965 to provide achievement-based college
scholarships to students in failing schools or failing school
districts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2000
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To provide flexibility when merited and accountability when warranted
in the Nation's elementary schools and secondary schools, to amend the
Higher Education Act of 1965 to provide achievement-based college
scholarships to students in failing schools or failing school
districts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Excellent Schools
for All Our Children Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION
Sec. 101. Findings; purposes.
Sec. 102. Definitions.
Sec. 103. Direct awards to local educational agencies.
Sec. 104. Requirements for failing local educational agencies.
Sec. 105. Audit.
Sec. 106. Authorization of appropriations.
Sec. 107. Repeals.
TITLE II--GOOD STUDENT SCHOLARSHIPS
Sec. 201. Good student scholarships.
TITLE I-- FUNDING FOR ELEMENTARY AND SECONDARY EDUCATION
SEC. 101. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) education should be a national priority, but must
remain a local responsibility;
(2) elementary schools and secondary schools perform best
when controlled by parents, teachers, local school boards, and
communities;
(3) only through initiatives led by parents, teachers, and
local communities with the power to act can the United States
elevate the educational performance of its students toward
excellence;
(4) parental involvement, high-quality teacher performance,
and teaching basic skills are fundamental to improving student
achievement;
(5) educational resources are most effective when deployed
in the classroom and unencumbered by burdensome regulations;
(6) schools and education professionals must be accountable
to the people and children they serve;
(7) flexibility when merited and accountability when
warranted should be the Federal Government's approach to the
use of Federal education resources; and
(8) the Federal Government should encourage better, smarter
uses of Federal funds where the need is greatest, specifically,
in failing school districts, so that children in those
districts will have a real opportunity to achieve academic
excellence and create a brighter future for themselves.
(b) Purposes.--The purposes of this title are--
(1) to promote excellence in elementary and secondary
education programs in the Nation;
(2) to increase parental involvement in the education of
their children;
(3) to boost student achievement in academic subjects to
high levels;
(4) to improve basic skills instruction, and to increase
teacher performance and accountability;
(5) to return the responsibility and control for education
to parents, teachers, schools, and local communities;
(6) to improve the academic achievement of all students,
and to focus the resources of the Federal Government upon such
achievement, especially in failing school districts; and
(7) to give States and communities maximum freedom in
determining how to boost academic achievement and implement
education reforms.
SEC. 102. DEFINITIONS.
In this title:
(1) Failing Local Educational Agency.--The term ``failing
local educational agency'' means a local educational agency
that has been classified as unaccredited or failing (or would
be so classified if not for a court order or pending court
settlement agreement involving the local educational agency)
under its State's performance-based accreditation or
categorization standards.
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
SEC. 103. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.
(a) Direct Awards.--Except as provided in section 104, from amounts
appropriated under section 106(a) and not used to carry out section
106(b), the Secretary shall make direct awards to local educational
agencies in amounts determined under subsection (b) to enable the local
educational agencies to support programs or activities, for
kindergarten through grade 12 students, that the local educational
agencies deem appropriate.
(b) Determination of Award Amount.--
(1) Per child amount.--The Secretary, using the information
provided under subsection (c), shall determine a per child
amount for a year by dividing the total amount appropriated
under section 106(a) for the year, by the average daily
attendance of kindergarten through grade 12 students in all States for
the preceding year.
(2) Local educational agency award.--The Secretary, using
the information provided under subsection (c), shall determine
the amount to be provided to each local educational agency
under this section for a year by multiplying--
(A) the per child amount determined under paragraph
(1) for the year; by
(B) the average daily attendance of kindergarten
through grade 12 students that are served by the local
educational agency for the preceding year.
(c) Census Determination.--
(1) In general.--Not later than December 1 of each year,
each local educational agency shall conduct a census to
determine the average daily attendance of kindergarten through
grade 12 students served by the local educational agency.
(2) Submission.--Not later than March 1 of each year, each
local educational agency shall submit the number described in
paragraph (1) to the Secretary.
(3) Penalty.--If the Secretary determines that a local
educational agency has knowingly submitted false information
under paragraph (1) for the purpose of gaining additional funds
under this section, then the local educational agency shall be
fined an amount equal to twice the difference between the
amount the local educational agency received under this
section, and the correct amount the local educational agency
would have received under this section if the agency had
submitted accurate information under paragraph (1).
SEC. 104. REQUIREMENTS FOR FAILING LOCAL EDUCATIONAL AGENCIES.
(a) In General.--In the case of a failing local educational agency
receiving an award under section 103(a) for a fiscal year, such failing
local educational agency shall use such award only for purposes
directly related to improving elementary school and secondary school
students' academic performance consistent with subsection (d).
(b) Title I Funding.--
(1) In general.--Notwithstanding any other provision of
law, funds provided to a failing local educational agency under
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) shall be spent in accordance with this
section.
(2) Applicability provision.--The provisions of parts A, B,
C, and D of title I of the Elementary and Secondary Education
Act of 1965 shall not apply to a failing local educational
agency other than the allocation and allotment provisions under
part A of such title.
(c) Failing Local Agency Plan.--
(1) Plan required.--Each failing local educational agency
shall submit a plan to the Secretary at such time and in such
manner as the Secretary may require. A plan submitted under
this subsection--
(A) shall describe the activities to be funded by
the failing local educational agency under subsections
(a) and (b) consistent with subsection (d); and
(B) may request an exemption from the uses of funds
restrictions under subsection (d) for elementary
schools and secondary schools served by the failing
local educational agency that met the State's
performance-based accreditation or categorization
standards for the previous fiscal year.
(2) Plan approval.--The Secretary shall approve a plan
submitted under paragraph (1) if the plan meets the
requirements described in paragraph (1).
(3) Plan dissemination.--Each failing local educational
agency having a plan approved under paragraph (2) shall widely
disseminate such plan, throughout the area served by such
agency, and post the plan on the Internet.
(d) Uses of Funds.--Each failing local educational agency having a
plan approved under subsection (c)(2) for a fiscal year may use the
award provided under section 103(a) and funds provided under title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) for such fiscal year only for the following activities:
(1) To recruit, retain, and reward high-quality teachers.
(2) To focus on teaching basic educational skills.
(3) To provide remedial instruction in core academic
subjects that are assessed by standards set by the State
educational agency or local educational agency.
(4) To fund mentoring programs for elementary school and
secondary school students who need assistance in reading,
writing, or arithmetic.
(5) To use proven methods of instruction, such as phonics,
that are based upon reliable research.
(6) To provide for extended day learning.
(7) To ensure that parents of elementary school and
secondary school students realize that parents play a
significant role in their child's educational success, and to
encourage parents to become active in their child's education.
(8) To provide any other activity that a local educational
agency proposes, and the Secretary approves, as an activity
that relates directly to improving students' academic
performance.
(e) Annual Report.--
(1) Report.--A failing local educational agency shall
annually submit a report to the Secretary describing--
(A) the use of funds under this section; and
(B) the annual performance of all children served
by the failing local educational agency as measured by
its State's performance-based accreditation or
categorization standards.
(2) Privacy.--The report required under this section shall
not contain any information, such as names, addresses, or
grades, that might be used to identify the children whose
performance is described in the report.
(3) Dissemination.--A failing local educational agency
shall widely disseminate the report submitted under paragraph
(1) throughout the area served by such agency, and post the
report on the Internet, so that parents and others in the
community can account for Federal education funding under this
title.
(f) Meeting Standards.--
(1) In general.--If, for 2 consecutive fiscal years after a
failing local educational agency is required to use funds in
accordance with subsection (d), such local educational agency
succeeds in meeting its State's performance-based accreditation
or categorization standards, then the provisions of this
section shall cease to apply to such local educational agency.
(2) Bonus awards.--
(A) In general.--A local educational agency
described in paragraph (1) may receive a bonus award
from amounts appropriated under subparagraph (C), to
use for purposes such as rewarding elementary school
and secondary school teachers and principals who
improved student performance, and for professional
development opportunities for such teachers and
principals.
(B) Distribution.--A local educational agency
receiving a bonus award under this paragraph shall
determine how to distribute the award to individual
elementary schools and secondary schools. An elementary
school or a secondary school receiving such an award
shall determine how such award shall be spent.
(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph $10,000,000 for each of fiscal years 2003
through 2007.
(g) Penalty.--If a failing local educational agency spends funds
subject to the use of funds restrictions described in subsection (d) in
a manner inconsistent with subsection (d) for a fiscal year, then the
Secretary shall reduce the funds such agency receives under section
103(a) for the succeeding fiscal year by an amount equal to the amount
spent improperly by such agency.
SEC. 105. AUDIT.
(a) In General.--The Secretary may conduct audits of the
expenditures of local educational agencies to ensure that the funds
made available under this title are used in accordance with this title.
(b) Sanctions and Penalties.--If the Secretary determines that the
funds made available under this title were not used in accordance with
the title, the Secretary may use the enforcement provisions available
to the Secretary under part D of the General Education Provisions Act
(20 U.S.C. 1234 et seq.).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title $3,100,000,000 for fiscal year
2001 and such sums as may be necessary for each of the 4 succeeding
fiscal years.
(b) Multiyear Awards.--The Secretary shall use funds appropriated
under subsection (a) for each fiscal year to continue to make payments
to eligible recipients pursuant to any multiyear award made prior to
the date of enactment of this Act under the provisions of law repealed
under section 103(b). The payments shall be made for the duration of
the multiyear award.
(c) Disbursal.--The Secretary shall disburse the amount awarded to
a local educational agency under this title for a fiscal year not later
than July 1 of each year.
SEC. 107. REPEALS.
The following provisions of law are repealed:
(1) Section 1502 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6492).
(2) Section 3132 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. et seq.).
(3) Title VI of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7301).
(4) Part C of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7541).
(5) Part A of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8001 et seq.).
(6) Title III of The Goals 2000: Educate America Act (20
U.S.C. 5881 et seq.).
(7) Title IV of The Goals 2000: Educate America Act (20
U.S.C. 5911 et seq.).
(8) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.).
(9) Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11431 et seq.).
(10) Section 307 of the Department of Education
Appropriations Act of 1999.
TITLE II--GOOD STUDENT SCHOLARSHIPS
SEC. 201. GOOD STUDENT SCHOLARSHIPS.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is amended by adding at the end the following:
``Subpart 9--Good Student Scholarships
``SEC. 420N. GOOD STUDENT SCHOLARSHIPS.
``(a) Purpose.--The purpose of this section is to provide
achievement-based scholarships for undergraduate education to eligible
students graduating from schools or school districts that are failing
or unaccredited.
``(b) Definition of Eligible Student.--In this section, the term
`eligible student' means a secondary school student--
``(1) who graduates from a public secondary school or a
public or private secondary school in a school district that is
failing or unaccredited, as determined by the State educational
agency serving the State in which the secondary school or
school district is located;
``(2) who has been in attendance at the school referred to
in paragraph (1) for not less than 2 years;
``(3) who ranks in the top 10 percent academically in such
student's class;
``(4) who has an average ACT or SAT score that is equal to
or greater than the national average such score; and
``(5) whose family income is not more than $100,000.
``(c) Designation.--Scholarships made under this section shall be
referred to as `Good Student Scholarships'.
``(d) Scholarships Authorized.--
``(1) In general.--From amounts appropriated under
subsection (f) for a fiscal year, the Secretary shall award
scholarships to each eligible student submitting an application
consistent with paragraph (2) to enable the eligible student to
pay the cost of attendance at an institution of higher
education during the eligible student's first 4 academic years
of undergraduate education.
``(2) Application required.--Each eligible student desiring
a scholarship under this section for year shall submit for each
such year an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require.
``(3) Amount of award.--
``(A) In general.--Except as provided in
subparagraph (B), the amount of a scholarship awarded
under this section for an academic year shall be equal
to the maximum appropriated Federal Pell Grant for such
year.
``(B) Adjustment for insufficient appropriations.--
If, after the Secretary determines the total number of
eligible applicants for an academic year, funds
available to carry out this section are insufficient to
fully fund all scholarship awards under subparagraph
(A) for such academic year, the amount of the
scholarship paid to each eligible student shall be
reduced proportionately.
``(C) Assistance not to exceed cost of
attendance.--The amount of a scholarship awarded under
this paragraph to an eligible student, in combination
with Federal Pell Grant assistance and any other
student financial assistance the eligible student
receives, may not exceed the eligible student's cost of
attendance.
``(e) Lists From State Educational Agencies.--Each State
educational agency shall annually provide a list to the Secretary
identifying each public secondary school and each public school
district within the State that the State educational agency determines
is failing or unaccredited.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for fiscal year 2001;
``(2) $150,000,000 for fiscal year 2002;
``(3) $225,000,000 for fiscal year 2003; and
``(4) $300,000,000 for fiscal year 2004.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1119-1120)
Referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1120-1121)
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