[Pages S7457-S7466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

THE ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES, TRAINING,
AND ADVANCED TECHNOLOGY ACT

Mr. REED. Mr. President, I rise today to introduce legislation to
support and strengthen America's school libraries.
The school library plays a vital role in the education of students.
It is where reading skills are reinforced; the laboratory where ideas
taught in class are explored and tested; the arena in which children
explore new ideas and learn on their own; and a vital bridge to the
remarkable and growing resources of the information age.
Research shows that well-equipped and well-staffed school libraries
are essential to promoting learning and achievement. Indeed, a 1992
study found that students in schools with well-equipped libraries and
professional library media specialists perform better on achievement
tests for reading comprehension and basic research skills.
This finding was echoed in a 1994 U.S. Department of Education report
on the impact of school library media centers which noted that the
highest achieving students tend to come from schools with strong
libraries and library programs.
And, a 1993 review of research studies concluded that free voluntary
reading is the foundation for good grammar, writing, and reading
comprehension abilities. For the average American student, the school
library is the single most available source of reading material.
Mr. President, with our ever-changing global economy, access to
information and the skills to use it are vital to ensuring that young
Americans are competitive and informed citizens of the world. That is
why the school library is so important in supplementing what is learned
in the classroom; promoting better learning, including reading,
research, library use, and electronic database skills; and providing
the foundation for independent learning that allows students to achieve
throughout their educational careers and their lives.
While the promise of a well-equipped school library is limitless, and
its importance greater than ever, the condition of libraries today does
not live up to that potential. As Linda Wood, a school library media
specialist from South Kingstown High School in Rhode Island, recently
noted during a Health, Education, Labor, and Pensions Committee
hearing, school library collections are outdated and sparse. Indeed,
schools across the nation are dependent on collections purchased in the
mid-1960s under the original Elementary and Secondary Education Act.
As a result, many books in our school libraries predate the landing
of manned spacecraft on the moon, the breakup of the Soviet Union, the
end of Apartheid, the growth of the Internet, and advances in DNA
research. In a rapidly changing world, our students are placed at a
major disadvantage if the only scientific, historical, and geographical
materials they have access to reflect times long gone by.
In sum, school library funding is grossly inadequate to the task of
improving and supplementing collections. Library spending per student
today is a small fraction of the cost of a new book. Indeed, while the
average school library book costs $16, the average spending per student
for books is $6.73 in elementary schools; $7.30 in middle schools; and
$6.27 in high schools.
Consequently, many outdated books that should be removed from shelves
cannot be, since there is no money to replace them. One case in point
is California which in response to its fourth-graders being ranked
second to last among 39 states on last year's National Assessment of
Educational Progress has begun an effort to restock school library
shelves in order to weed out old and inaccurate books, including those
rife with racial stereotypes and those which proclaim ``one day, man
might go to the moon''. For a long time, according to a recent Los
Angeles Times article, California school librarians could not afford to
take such a step because there would be no books left on the shelves.
Too few states, however, are taking similar steps to improve school
libraries.
My home state of Rhode Island is working on an innovative effort to
ensure that students gain access to materials not available in their
own school libraries. RILINK (the Rhode Island Library Information
Network for Kids) gives students and teachers 24-hour Internet access
to a statewide catalog of school library holdings, complete with
information about the book's status on the shelf. RILINK also allows
for on-line request of materials via interlibrary loan, with rapid
delivery through a statewide courier system, and provides links from
book information records to related Internet research sites, allowing a
single book request to serve as a point of departure for a galaxy of
information sources.
Unfortunately, such innovations, which could benefit schoolchildren
across the nation, cannot be expanded without adequate library funding.
Indeed, the only federal funding that is currently available to school
libraries is the Title VI block grant, which allows expenditure for
school library and

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instructional materials as one of seven choices for local uses of
funds. This program is slated for elimination under the
Administration's fiscal year 2000 budget and Elementary and Secondary
Education Act reauthorization proposal.
Mr. President, well-trained school library media specialists are also
essential to helping students unlock their potential. These individuals
are at the heart of guiding students in their work, providing research
training, maintaining and developing collections, and ensuring that a
library fulfills its potential. In addition, they have the skills to
guide students in the use of the broad variety of advanced
technological education resources now available.
Unfortunately, only 68% of schools have state certified library media
specialists, according to Department of Education figures, and, on
average, there is only one specialist for every 591 students. This
shortage means that many school libraries are staffed by volunteers and
are open only a few days a week.
Mr. President, the bipartisan bill I am introducing today, along with
Senators Cochran, Sarbanes, Wellstone, Kennedy, Daschle, Reid, and
Murray, would restore the funding that is critical to improving school
libraries. The Elementary And Secondary School Library Media Resources,
Training, And Advanced Technology Act directs funding to schools with
the greatest need and would ensure that students have access to the
informational tools they need to learn and achieve at the highest
levels by providing funds to update library media resources, such as
books and advanced technology, train school library media specialists,
facilitate resource-sharing among school libraries, and improve
collaboration between school library media specialists and teachers.
The bill also establishes the School Library Access Program to
provide students with access to school libraries during non-school
hours, including before and after school, weekends, and summers.
Providing access to the most up-to-date school library collections is
an essential part of increasing student achievement, improving literacy
skills, fostering a love of reading, and helping students become
lifelong learners. The Elementary and Secondary School Library Media
Resources, Training, and Advanced Technology Act, which is strongly
supported by the American Library Association, will help accomplish
these essential goals. I urge my colleagues to cosponsor this important
legislation and work for its inclusion in the upcoming reauthorization
of the Elementary and Secondary Education Act.
Mr. President, I ask unanimous consent that the text of this
legislation and a letter of support written by the American Library
Association be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1262

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Elementary and Secondary
School Library Media Resources, Training, and Advanced
Technology Assistance Act''.

SEC. 2. PURPOSE.

The purposes of this Act are--
(1) to improve academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists;
(2) to support the acquisition of up-to-date school library
media resources for the use of students, school library media
specialists, and teachers in elementary schools and secondary
schools;
(3) to provide school library media specialists with the
tools and training opportunities necessary for the
specialists to facilitate the development and enhancement of
the information literacy, information retrieval, and critical
thinking skills of students; and
(4)(A) to ensure the effective coordination of resources
for library, technology, and professional development
activities for elementary schools and secondary schools; and
(B) to ensure collaboration between school library media
specialists, and elementary school and secondary school
teachers and administrators, in developing curriculum-based
instructional activities for students so that school library
media specialists are partners in the learning process of
students.

SEC. 3. SCHOOL LIBRARY MEDIA RESOURCES.

Title III of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end
the following:

``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES

``Subpart 1--Library Media Resources

``SEC. 3701. STATE ALLOTMENTS.

``The Secretary shall allot to each eligible State
educational agency for a fiscal year an amount that bears the
same relation to the amount appropriated under section 3710
and not reserved under section 3709 for the fiscal year as
the amount the State educational agency received under part A
of title I for the preceding fiscal year bears to the amount
all State educational agencies received under part A of title
I for the preceding fiscal year.

``SEC. 3702. STATE APPLICATIONS.

``To be eligible to receive an allotment under section 3701
for a State for a fiscal year, the State educational agency
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
shall require. The application shall contain a description
of--
``(1) the manner in which the State educational agency will
use the needs assessment described in section 3705 and
poverty data to allocate funds made available through the
allotment to the local educational agencies in the State with
the greatest need for school library media improvement;
``(2) the manner in which the State educational agency will
effectively coordinate all Federal and State funds available
for library, technology, and professional development
activities to assist local educational agencies, elementary
schools, and secondary schools in--
``(A) acquiring up-to-date school library media resources
in all formats, including books and advanced technology such
as Internet connections;
``(B) providing training for school library media
specialists; and
``(C) facilitating resource-sharing among schools and
school library media centers;
``(3) the manner in which the State educational agency will
develop standards for the incorporation of new technologies
into the curricula of elementary schools and secondary
schools through school library media programs to develop and
enhance the information literacy, information retrieval, and
critical thinking skills of students; and
``(4) the manner in which the State educational agency will
evaluate the quality and impact of activities carried out
under this subpart by local educational agencies to make
determinations regarding the need of the agencies for
technical assistance and whether to continue funding the
agencies under this subpart.

``SEC. 3703. STATE RESERVATION.

``A State educational agency that receives an allotment
under section 3701 may reserve not more than 3 percent of the
funds made available through the allotment to provide
technical assistance, disseminate information about effective
school library media programs, and pay administrative costs,
relating to this subpart.

``SEC. 3704. LOCAL ALLOCATIONS.

``(a) In General.--A State educational agency that receives
an allotment under section 3701 for a fiscal year shall use
the funds made available through the allotment and not
reserved under section 3703 to make allocations to local
educational agencies.
``(b) Agencies.--The State educational agency shall
allocate the funds to the local educational agencies in the
State that have--
``(1) the greatest need for school library media
improvement according to the needs assessment described in
section 3705; and
``(2) the highest percentages of poverty, as measured in
accordance with section 1113(a)(5).

``SEC. 3705. LOCAL APPLICATION.

``To be eligible to receive an allocation under section
3704 for a fiscal year, a local educational agency shall
submit to the State educational agency an application at such
time, in such manner, and containing such information as the
State educational agency shall require. The application shall
contain--
``(1) a needs assessment relating to need for school
library media improvement, based on the age and condition of
school library media resources (including book collections),
access of school library media centers to advanced
technology, including Internet connections, and the
availability of well-trained, professionally certified school
library media specialists, in schools served by the local
educational agency;
``(2) a description of the manner in which the local
educational agency will use the needs assessment to assist
schools with the greatest need for school library media
improvement;
``(3) a description of the manner in which the local
educational agency will use the funds provided through the
allocation to carry out the activities described in section
3706;
``(4) a description of the manner in which the local
educational agency will develop and carry out the activities
described in section 3706 with the extensive participation of
school library media specialists, elementary school and
secondary school teachers and administrators, and parents;

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``(5) a description of the manner in which the local
educational agency will effectively coordinate--
``(A) funds provided under this subpart with the Federal,
State, and local funds received by the agency for library,
technology, and professional development activities; and
``(B) activities carried out under this subpart with the
Federal, State, and local library, technology, and
professional development activities carried out by the local
educational agency; and
``(6) a description of the manner in which the local
educational agency will collect and analyze data on the
quality and impact of activities carried out under this
subpart by schools served by the local educational agency.

``SEC. 3706. LOCAL ACTIVITIES.

``A local educational agency that receives a local
allocation under section 3704 may use the funds made
available through the allocation--
``(1) to acquire up-to-date school library media resources,
including books, for the use of students, school library
media specialists, and teachers in elementary schools and
secondary schools;
``(2) to acquire and utilize advanced technology,
incorporated into the curricula of the schools, to develop
and enhance the information literacy, information retrieval,
and critical thinking skills of students;
``(3) to acquire and utilize advanced technology, including
Internet links, to facilitate resource-sharing among schools
and school library media centers, and public and academic
libraries, where possible;
``(4) to provide professional development opportunities for
school library media specialists; and
``(5) to foster increased collaboration between school
library media specialists and elementary school and secondary
school teachers and administrators.

``SEC. 3707. ACCOUNTABILITY AND CONTINUATION OF FUNDS.

``Each local educational agency that receives funding under
this subpart for a fiscal year shall be eligible to continue
to receive the funding--
``(1) for each of the 2 following fiscal years; and
``(2) for each fiscal year subsequent to the 2 following
fiscal years, if the local educational agency demonstrates
that the agency has increased--
``(A) the availability of, and the access of students,
school library media specialists, and elementary and
secondary teachers to, up-to-date school library media
resources, including books and advanced technology, in
elementary schools and secondary schools served by the local
educational agency;
``(B) the number of well-trained, professionally certified
school library media specialists in those schools; and
``(C) collaboration between school library media
specialists and elementary school and secondary school
teachers and administrators for those schools.

``SEC. 3708. SUPPLEMENT NOT SUPPLANT.

``Funds made available under this subpart shall be used to
supplement and not supplant other Federal, State, and local
funds expended to carry out activities relating to library,
technology, or professional development activities.

``SEC. 3709. NATIONAL ACTIVITIES.

``The Secretary shall reserve not more than 3 percent of
the amount appropriated under section 3710 for a fiscal
year--
``(1) for an annual, independent, national evaluation of
the activities assisted under this subpart, to be conducted
not later than 3 years after the date of enactment of this
subpart; and
``(2) to broadly disseminate information to help States,
local educational agencies, school library media specialists,
and elementary and secondary teachers and administrators
learn about effective school library media programs.

``SEC. 3710. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated to carry out this
subpart $250,000,000 for fiscal year 2000 and such sums as
may be necessary for each of fiscal years 2001 through 2004.

``Subpart 2--School Library Access Program

``SEC. 3721. PROGRAM.

``(a) In General.--The Secretary may make grants to local
educational agencies to provide students with access to
libraries in elementary schools and secondary schools during
non-school hours, including the hours before and after
school, weekends, and summer vacation periods.
``(b) Applications.--To be eligible to receive a grant
under subsection (a), a local educational agency shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(c) Priority.--In making grants under subsection (a), the
Secretary shall give priority to local educational agencies
that demonstrate, in applications submitted under subsection
(b), that the agencies--
``(1) seek to provide activities that will increase reading
skills and student achievement;
``(2) have effectively coordinated services and funding
with entities involved in other Federal, State, and local
efforts, to provide programs and activities for students
during the non-school hours described in subsection (a); and
``(3) have a high level of community support.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart
$25,000,000 for fiscal year 2000 and such sums as may be
necessary for each of fiscal years 2001 through 2004.''.

American Library Association,

Washington, DC, June 21, 1999.
Hon. Jack Reed,
U.S. Senate,
Washington, DC.
Dear Senator Reed: I would like to take this opportunity to
thank you and Senator Thad Cochran for your bi-partisan
support of school libraries as you introduce the Elementary
and Secondary School Library Media Resources, Training, and
Advanced Technology Assistance Act of 1999. This bill would
provide assistance to the nation's school libraries and
school library media specialists at a time when they are
laboring mightily to cope with the challenges of increasing
school enrollment, new technology and the lack of funding for
school library resources.
As a school librarian myself in Juneau, Alaska, I know
personally how this legislation will contribute to effective
learning by our school children. Many of the nation's school
libraries have collections that are old, inaccurate and out
of date. How can we encourage children to read and continue
to be life-long learners if the material we have available
for them is inadequate?
Your legislation proposes to upgrade collections, encourage
and train school librarians, effect greater cooperation
between school professionals directly involved in teaching
children--school library media specialists, teachers and
administrators, and encourages the sharing of resources
electronically. This critical legislation should be included
in the reauthorization process now going forward in the
Senate. The school children of today deserve the best
resources we have to give them.
On behalf of the 57,000 school, public, academic and
special librarians, library trustees, friends of libraries
and library supporters, I thank you for your efforts to
improve the resources in school libraries. We offer the
support of our members in working towards passage of the
legislation.
Sincerely,
Ann K. Symons,
President.
______

By Mr. JEFFORDS (for himself, Mr. Hatch, and Mr. Gorton):
S. 1263. A bill to amend the Balanced Budget Act of 1997 to limit the
reductions in medicare payments under the prospective payment system
for hospital outpatient department services; to the Committee on
Finance.

hospital outpatient preservation act of 1999

Mr. JEFFORDS. Mr. President, I am introducing today, with Senators
Hatch and Gorton, the Hospital Outpatient Preservation Act of 1999.

The Congress passed landmark legislation in 1997, the Balanced Budget
Act. The BBA has played an important role in ensuring the integrity of
the Medicare program, but our good intentions to rein in costs went too
far, too fast in some areas. In fact, I fear that our zeal may result
in decreased access to care and lower quality of care for Medicare
beneficiaries if we do not act to soften the impact of BBA
implementation on health care providers.
I am particularly concerned about the consequences of payment cuts
under BBA for Vermont's hospitals and health systems. Norman Wright,
President of the Vermont Hospital and Health Systems Association, has
said, ``It is clear that the outpatient prospective payment system
being implemented from Washington poses a real threat to the
continuation of quality services being provided by Vermont hospital
outpatient departments.''
Through the Hospital Outpatient Preservation Act of 1999, we are
seeking to address concerns about outpatient reimbursement cuts for
hospitals. The BBA requires the implementation of a prospective payment
system (PPS) for the reimbursement of Medicare hospital outpatient
department services to control rising costs in that area, as the
provision of care has shifted from inpatient to less costly outpatient
services. Our proposed legislation would amend BBA '97 by temporarily
limiting the reduction in payments under the new outpatient PPS for
outpatient department services to give hospitals a period to adjust to
the reimbursement cuts.
Medicare outpatient margins, already negative in 1999, are estimated
to drop to a negative 28.8 percent if costs increase at a historical
rate of growth, and to a negative 20.3 percent if costs increase more
slowly. The Health Care Financing Administration's analysis of its
proposed rule on the implementation of outpatient PPS found that
average reductions in outpatient department services reimbursement for
all

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hospitals would be 4 percent, but that the reimbursement to low-volume
hospitals would decline by an average of 17 percent. For example,
Southwestern Vermont Medical Center in Bennington, Vermont, is
estimated to experience a 16 percent decline in payment. The Chief
Executive Officer of Mt. Ascutney Hospital in Ascutney, Vermont,
stated, ``The new outpatient prospective payment methodology would cut
our reimbursement to the point that our operating margin would be in
jeopardy. This coming on the heels of other cuts has an additive
negative effect.''
If vulnerable rural hospitals are not provided a gradual transition
period to reorganize operations, such a large decline in reimbursement
could spell financial disaster. Teaching hospitals are also projected
to sustain a greater than average loss under the new methodology. I am
concerned that financial cutbacks of this magnitude could impact the
access to care and the quality of care provided to Medicare
beneficiaries by hospitals that are already ailing under payment cuts
for Medicare inpatient services and from managed organization payment
cuts.
The ``Hospital Outpatient Preservation Act of 1999'' would limit a
hospital's losses for covered outpatient department services furnished
prior to and during the first full calendar year of outpatient PPS
implementation to 5 percent, so that a hospital would receive no less
than 95 percent of what the hospital would have been paid under the
current reimbursement mechanism. In the second year, the maximum
payment loss would be 10 percent, and in the third year, 15 percent.
There would be no limit after the third year.
The BBA went too far, too fast in cutting costs, and now it's time to
find the right balance by swinging the pendulum back toward quality.
The Hospital Outpatient Preservation Act of 1999 would address one area
of concern by providing a phased implementation period of three years
to allow hospitals, particularly the hardest hit rural and major
teaching hospitals, time to adjust to the cuts in reimbursement.
Through such legislation, we can maintain the financial integrity of
the Medicare program, while guaranteeing access to high-quality health
care services for Medicare beneficiaries.
______

By Ms. SNOWE (for herself and Mr. Kennedy):
S. 1264. A bill to amend the Elementary and Secondary Education Act
of 1965 and the National Education Statistics Act of 1994 to ensure
that elementary and secondary schools prepare girls to compete in the
21st century, and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.

educating america's girls act

Ms. SNOWE. Mr. President, I rise today with my colleague, Senator Ted
Kennedy, to introduce legislation that will play a critical role in the
advancement of education as we prepare for the demands of the 21st
Century. Specifically, the ``Educating America's Girls Act of 1999''
will ensure that our nation's children--and young women in particular--
will be prepared for the job market of the coming millenium, while also
ensuring that the unique needs of girls are properly addressed in our
nation's schools and classrooms.
Given the critical role of education in preparing our children for
the future, it is understandable that there is heightened interest in
ensuring that the highest academic standards and best practices are
incorporated in our nation's schools and classrooms. As Congress
undertakes the reauthorization of the Elementary and Secondary
Education Act (ESEA) of 1965, the provisions of the ``Educating
America's Girls Act'' will ensure that the varying educational needs of
all students, and young girls in particular, are recognized and
addressed--and ultimately ensure that our efforts to reform and improve
education are realized.
Mr. President, due to the changes adopted in 1994, gender equity is a
major theme throughout the ESEA. Specifically, the needs of girls are
addressed in current law by requiring professional development
activities to meet the needs of diverse students, including girls;
encouraging professional development and recruitment activities to
increase the numbers of women math and science teachers; including
sexual harassment and abuse as a focus of the Safe and Drug-Free
Schools Act; broadening dropout prevention activities to address the
needs of pregnant and parenting teens; and reauthorizing the Women's
Educational Equity Act (WEEA), which funds research and programs to
achieve educational equity for women.
During the ESEA reauthorization process, we should not only work to
maintain the important gender equity provisions that were included in
the 1994 law, but also to prepare girls for the future by adding the
following provisions: ensure education technology programs are targeted
in a manner that addresses the unique needs of all students, including
girls; provide schools with resources to combat sexual harassment and
abuse; collect data on high school athletic participation by girls;
keep pregnant and parenting teens in school; and reauthorize WEEA.
Accordingly, the ``Educating America's Girls Act'' contains
provisions that will address all of these needs, so I urge that my
colleagues support this legislation and these additions during the
upcoming reauthorization of the ESEA.
Mr. President, with the growing demand for technological skills in
the workplace--including six out of 10 jobs requiring technological
skills--the need to incorporate technology in the classroom cannot be
understated. Accordingly, the utilization of education technology in
the classroom is an arena in which we must ensure that all students,
including girls, are not put at a disadvantage.
Of note, a 1998 report by the American Association of University
Women, Gender Gaps: Where Our Schools Still Fail Our Children, found
that girls, when compared to boys, are at a significant disadvantage as
technology is increasingly incorporated into the classroom.
Specifically, girls tend to come to the classroom with less exposure to
computers and other technology, and girls believe that they are less
adept at using technology than boys. As a result, girls tend to have a
more ``circumscribed, limited, and cautious'' interaction with
technology than boys, as highlighted in the report.
Schools can assist girls in developing a confident relationship to
technology by integrating digital tools into the curriculum so girls
can pursue their own interests. Unfortunately, current law lacks
assurances that federal education programs will compensate for girls'
different learning styles and different exposures to technology.
Accordingly, provisions in the ``Educating America's Girls Act'' will
ensure that the different learning styles of girls and other students
will be taken into consideration when monies are awarded for a variety
of existing K-12 programs. Furthermore, it also includes the ``High
Technology for Girls Act'' (High-Tech Girls), legislation I have
already introduced that will ensure young girls are encouraged to
pursue degrees and demanding careers in math, science, engineering, and
technology--fields that are critical in the increasingly
technologically-driven workplace.
Mr. President, as we seek to ensure that the unique technological
needs of girls are addressed in the classroom, we also cannot ignore
that sexual harassment and abuse is another issue of importance as we
seek to educate our nation's children.
While comprehensive research should be done on the pervasiveness of
sexual harassment in schools--and ``Educating America's Girls Act''
will ensure that such a study is completed--various studies have found
that the vast majority of secondary school students experience some
form of sexual harassment during their school lives.
For instance, the AAUW Educational Foundation's 1993 survey of 8th
through 11th grade students on sexual harassment in schools, Hostile
Hallways: The AAUW Survey on Sexual Harassment in America's Schools,
found that the vast majority of secondary school students experienced
some form of sexual harassment and that girls are disproportionately
affected.
While data on the incidence of sexual harassment is scant, Hostile
Hallways found that 85 percent of girls experienced some form of sexual
harassment; 65 percent of girls who have been harassed were harassed in
the classroom;

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and 73 percent of girls who have been harassed were harassed in the
hallway of their school; a student's first experience of sexual
harassment is most likely to occur in the middle school/junior high
years of 6th to 9th grade; and 81 percent of girls who have been
harassed do not report it to adults.
A 1996 University of Michigan study showed that sexual harassment can
result in academic problems such as paying less attention in class and
Hostile Hallways found that 32 percent of girls do not want to talk as
much in class after experiencing harassment. Furthermore, thirty-three
percent of girls do not want to go to school at all due to the stress
and anxiety they suffered as a result of the sexual harassment, and
nearly one in four girls say that harassment caused them to stay home
from school or cut a class.
We know little else about the extent of sexual harassment or even the
nature and extent of more serious sexual crimes in schools. The Safe
and Drug-Free Schools and Communities Act (SDFSCA) requires the
National Center for Education Statistics (NCES) to collect data on
violence in elementary and secondary schools in the United States.
However, these reports provide only a very limited picture of sexual
offenses in schools because they only capture data on rape or sexual
battery reported to police. Further, school crime victimization surveys
do not include questions on threats or abuse that are sexual in nature.
Sexual harassment in schools is illegal, a form of sexual
discrimination banned under Title IX of the Education Amendment of
1972. Unfortunately, on the 25th anniversary of Title IX, a report by
the National Coalition for Women and Girls in Education (NCWGE) found
that less progress was made in the area of sexual harassment than in
any other gender equity issue in education. NCWGE concluded that few
schools have sexual harassment policies, or effectively enforce them.
Therefore, in addition to calling for more intensified Office of Civil
Rights enforcement, NCWGE called on schools to adopt comprehensive
policies and programs addressing sexual harassment.
The reauthorization of the ESEA gives us an opportunity to greatly
reduce the incidence of sexual harassment by gathering data on these
often hidden offenses and providing programs to prevent sexual
harassment and abuse. Accordingly, the ``Educating America's Girls
Act'' ensures that this data will be compiled and that schools are
provided with resources to combat sexual harassment. Of importance,
because the definition of sexual harassment in elementary and secondary
schools can be contentious, the legislation ensures that local schools
will have the sole authority to define the forms of sexual harassment
that will be addressed, and the sole authority to determine the types
of programs that will be undertaken to address it.
Mr. President, equal access to education for girls also means equal
access to opportunities for athletic participation in our schools,
particularly our high schools. Unfortunately, nationwide data measuring
the participation of girls in physical education and high school
athletics programs is very limited.
Participation in high school athletic programs is important for girls
because research has shown that it improves girls' physical and mental
health. For instance, a study by the President's Council on Physical
Fitness and Sports recently found that girls playing sports have better
physical and emotional health than those who do not. The study also
found that higher rates of athletic participation were associated with
lower rates of sexual activity and pregnancy. Other studies link
physical activity to lower rates of heart disease, breast cancer, and
osteoporosis in later life. Sports build girls' confidence, sense of
physical empowerment, and social recognition within the school and
community.

In addition, many girls who participate in high school athletics
programs receive college scholarships. Therefore, by participating in
high school athletics programs, girls increase their chances at
receiving a college scholarship--which may be the only way that some
young women will be able to pursue a higher education.
Because of the lack of data on girls' participation in physical
education and athletics during grades K-12, the ``Educating America's
Girls Act'' will ensure that this data is collected and reported.
Ultimately, this assembling of information will allow us to determine
if girls are fully participating in these activities, and if further
steps should be taken to increase their involvement.
Mr. President, education is ultimately the means for all girls,
including pregnant and parenting teens, to achieve economic self-
sufficiency. Yet despite our strides to make education accessible to
girls, dropping out of school remains a serious problem that should be
addressed in the reauthorization of the ESEA.
Five out of every 100 young adults enrolled in high school in 1996
left school without successfully completing a high school program. In
October of 1997, 3.6 million young adults, or 11 percent of young
adults between the ages of 16 and 24 in the United States, were neither
enrolled in a high school program nor had they completed high school.
Of note, girls who drop out are less likely than boys to return and
complete school.
Twenty-five years after the enactment of Title IX, pregnancy and
parenting are still the most commonly cited reasons why girls drop out
of school, and the United States has the highest teen pregnancy rate of
any industrialized nation. In fact, almost one million teenagers become
pregnant each year and 80 percent of these pregnancies are unintended.
Pregnancy and parenting account for half the female dropout rate and
one fourth of the dropout rate for all students. Two-thirds of girls
who give birth before age 18 will not complete high school, and the
younger the adolescent is when she becomes pregnant, the more likely it
is that she will not complete high school.
The last reauthorization of ESEA broadened the dropout prevention
program to address the needs of pregnant and parenting teens. Because
this problem remains so pervasive, the ``Educating America's Girls
Act'' contains provisions to strengthen the ESEA's support for programs
that keep pregnant and parenting teens in school, including the
utilization of mentoring programs.
Finally, Mr. President, the Women's Educational Equity Act (WEEA)
represents the federal commitment to helping schools eradicate sex
discrimination from their programs and practices and to ensuring that
girls' future choices and success are determined not by their gender,
but by their own interests, aspirations, and abilities. Since the
program's inception in 1974, the WEEA has funded research, development,
and dissemination of curricular materials; training programs; guidance
and testing activities; and other projects to combat inequitable
educational practices.
Because of the important role that the WEEA has played in addressing
sex discrimination over the past 25 years, the ``Educating America's
Girls Act'' reauthorizes the WEEA so that it can continue to address
the needs of women for many years to come.
Mr. President, the bottom line is that the reauthorization of the
ESEA provides us with a unique opportunity to address the numerous
needs of our nation's students as we prepare for the 21st Century. I
believe that the provisions of the ``Educating America's Girls Act''
will address a variety of these needs--and the unique needs of girls in
particular--and urge that my colleagues support this legislation
accordingly during the months ahead.
Mr. KENNEDY. Mr. President, in recent decades, the nation's schools
have made great progress in ensuring that young girls receive an
equitable education. Gender gaps in math and science performance have
narrowed. More girls are taking algebra, geometry, pre-calculus,
trigonometry, and calculus than ever before. More girls are taking
honors and advanced placement level courses in calculus and chemistry.
Schools are making progress in other areas as well. More and more
schools are instituting programs to address the problems of sexual
harassment and abuse. Increasing numbers of girls are participating in
high school athletics and receiving college athletic scholarships.
While these improvements are commendable, they are not enough.
Continued progress is necessary. The Educating America's Girls Act
addresses

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some of the most pressing issues in educational equity: access to
technology, school safety, high school athletics, and dropout rates.
Technology education is particularly important for all students, but
girls' needs are particularly acute. While gaps between boys and girls
in math and science are narrowing, the gender gap in technology is
growing.
Girls tend to come to the classroom with less exposure to computers
and other technology than boys. Girls often believe that they are less
adept at using technology than boys are. They tend to be more cautious
than boys in the ways that they interact with technology.
Girls are also dramatically under-represented in advanced computer
science courses, making them less eligible than boys for high wage,
high-tech jobs. The fact that girls are less likely than boys to take
advanced computer science courses actually helps perpetuate a cycle of
disadvantage in educational technology. Because fewer girls will have
the skills to enter high-tech fields, fewer women will be developers of
educational software and fewer role models will be available for young
girls.
For girls to have equal access to the growing job market in the
computer field, immediate steps must be taken to close the technology
gap between boys and girls. The Educating America's Girls Act addresses
problems with girls' access to technology by providing professional
development to assist teachers in dealing more effectively with the
technology needs of girls. It gives local and state governments and
private and pubic schools and institutions of higher education the
opportunity to meet their needs in their applications for federal
grants. Finally, the Act states that the Title III provisions
authorizing support for development of education technology must give
special consideration to programs incorporating the technology learning
needs of girls.
School safety is another concern for America's girls. Recent studies
reveal that 85 percent of girls have experienced some form of sexual
harassment. Sixty-five percent of girls who have been harassed were
harassed in the classroom, and 73 percent were harassed in school
hallways. Eighty-one percent of girls who have been harassed do not
report the harassment to an adult. Thirty-three percent of girls report
not wanting to go to school because of anxiety and stress caused by
harassment. Nearly one quarter of girls report staying home from school
or cutting classes because of harassment.
These numbers are clearly unacceptable. It is imperative that our
schools do a better job of recognizing and eradicating sexual
harassment in schools. As the recent Supreme Court ruling in Davis v.
Monroe County Board of Education makes clear, school districts may now
be sued for damages if they fail to respond to student sexual
harassment of other students.
The Educating America's Girl's Act provides $10 million for district
level programs to train teachers and administrators in identifying and
preventing sexual harassment. In addition, the Act makes high rates of
sexual harassment in schools a consideration in determining the
distribution of state grants for violence prevention programs. It also
requires that sexual harassment and abuse prevention be among the
activities included in a school's comprehensive drug and violence
program. Finally, the Act requires the National Center for Educational
Statistics to collect data on sexual harassment and abuse in schools as
a means of identifying and addressing the problem more effectively.
The Act supports girls' participation in high school athletics. Since
the passage of Title IX over a quarter century ago, increasing numbers
of girls are participating in organized sports, although boys continue
to participate at higher rates.
Studies show that girls who do so are emotionally and physically
healthier than girls who do not. Involvement in sports can also lead to
higher self-esteem and confidence, more positive attitudes toward
school, an improved sense of physical well-being, social recognition in
the school and community, and a reduction in destructive behavior.
In addition, higher rates of athletic participation for girls are
associated with lower rates of sexual activity and pregnancy. Girls who
participate in sports are also less likely to drop out of school and
less likely to smoke cigarettes. Girls who engage in physical activity
in high school are less likely to suffer from heart disease, breast
cancer, and osteoporosis in late life.
Participation in sports also has a positive effect on students'
academic performance. Students involved in sports and other
extracurricular activities perform better on assessments in reading and
mathematics. In addition, for many girls, high school athletic
opportunities translate into college scholarships.
Although there is ample evidence that physical activity and athletics
are beneficial to girls, they are less physically active and less
involved in high school athletics than boys are. In order to determine
in what ways girls are affected by athletic participation, it is vital
that accurate data on girls' participation in physical education and
high school athletics be collected and made available. Unfortunately,
current nationwide data is limited, making it difficult to determine
progress toward equity in athletics, as required by Title IX. The Act
helps ensure that girls' interests are being met by requiring data
collection on the participation of high school students, by gender, in
physical education and athletics.
The Act also addresses concerns about the dropout rate among pregnant
teenagers. Almost one million girls in America become pregnant each
year, and 80 percent of these pregnancies are unintended. Education is
the means for all girls, including pregnant and parenting teens, to
achieve economic success. Yet girls who become pregnant as teenagers
are most likely to drop out of school, jeopardizing not only their own
economic security but that of their children as well. The younger a
girl is when she becomes pregnant, the more likely she is to drop out.
Two-thirds of girls who become pregnant before age 18 will not complete
school. Girls who drop out of school are less likely to return than
boys. While teenage pregnancy rates have declined in recent years, they
are still too high and a reason for grave concern.
The Act focuses on the needs of pregnant and parenting teens by
supporting mentoring and support programs that encourage girls who are
pregnant or have children to stay in school.
It is also important that the Women's Educational Equity Act be
reauthorized. WEEA stands for the federal commitment to help schools
eradicate sex discrimination and ensure that girls' futures are not
limited by their gender, but are determined by their interests,
aspirations, and abilities. Since its enactment in 1974, it has
provided critical support in combating inequitable educational
practices.
It provides resources for teachers, administrators, and parents
seeking proven methods to ensure equity in schools and communities. It
provides materials and tools to help schools comply with Title IX. It
provides research and model programs to back up Title IX's promise to
students of a non-discriminatory education.
It helps girls become confident, educated, and self-sufficient women
through projects to prevent teen pregnancy; to keep girls in school; to
guide them toward careers in math, science, and technology; and to
provide them with mentors. It has funded over 700 programs since 1974,
including programs on math and science education and careers, sexual
harassment, gender-biased teaching practices, and women's history.
The Educating America's Girls Act will continue all this vital work
on behalf of girls and young women by reauthorizing the Women's
Educational Equity Act.
Significant strides have been made in securing more equitable
education for the nation's young women and girls, but we cannot afford
to be complacent. We must keep moving forward to guarantee that girls
are full participants in the economic and social development of our
country. Measures to assure gender equity in education are a key means
of accomplishing this goal. Passage of the Educating America's Girls
Act is a vital next step for increasing gender equity in education.
______

By Mr. GORTON (for himself, Ms. Collins, Mr. Gregg, Mr.
Coverdell, Mr. Brownback, Mr. Ashcroft, Mr. Helms, and Mr.
Voinovich):

[[Page S7463]]

S. 1266. A bill to allow a State to combine certain funds to improve
the academic achievement of all its students; to the Committee on
Health, Education, Labor, and Pensions.

the straight a's act

Mr. GORTON. Mr. President, I rise today to introduce the Academic
Achievement for All Act. As a parent and grandparent I know that there
is no more important issue than our children's education. Education
unlocks the door to a lifetime of learning; prepares us to participate
in our democracy; helps our children lead productive, independent lives
and ensures that our country is economically competitive. Education is
a vital issue before the Senate as we consider the reauthorization of
the Elementary and Secondary Education Act--the heart of Washington
D.C.'s role in K-12 education.
Over the last several years I have talked with countless teachers,
principals, parents, and school board members about our educational
system. I consistently hear that Washington, D.C. interferes with local
efforts to help students achieve high standards. I hear about
bureaucratic hurdles, reams of paperwork and one-size-fits-all
programs. Based on that input, Congressman Goodling and I have written
a bill that will refocus federal education programs on children and
learning instead of process and paperwork. It is based on a fundamental
trust that parents, teachers, local educators and states will make the
best decisions regarding our children's education, rather than
bureaucrats 3,000 miles away in Washington, DC. Its only common sense.
For too long Washington's programs have been driven by an obsession
to comply with rules and regulations. In our state, 50 percent of all
the paperwork an educator deals with is the result of federal programs.
Yet the average school district receives only six percent of its budget
from the federal government. On a nationwide basis, federal paperwork
eats up 48 million people hours per year. That's 25,000 employees
working full time on paper, not on helping our students learn. Is our
educators' time spent filling out forms or teaching children how to
read?
Former Secretary of Education Bill Bennett put it succinctly in a
recent statement: ``. . . our students have fallen further and further
behind students in other countries. American 12th graders now rank 19th
out of 21 nation in mathematics achievement; 16th of 21 in science;
15th out of 16 in advanced math; and 16th out of 16 nations in advanced
physics. And this competition does not include Singapore, Korea, Japan
and Hong Kong--which is rather like finishing last in a professional
hockey league that does not include Canadians.''
The good news is that we have before us an opportunity to restructure
the way the federal government interacts with states and local
communities in terms of education policy. We must not continue to
support a system that has stifled creativity in states and local
communities--the very place real education reform happens.
While freedom and flexibility are important, our schools should also
be accountable for results--not to Washington, DC but to the standards
each state and community has been working on to ensure its students are
prepared for the 21st Century. We can't forget that our schools are
ultimately accountable to the voters in each community who elect the
local school boards and the parents who send their children to our
schools.
My proposal, the Straight A's Act, will give parents, educators,
school districts and states more decision-making authority over the way
in which federal education funding is used. It means our children's
teachers will spend less time filling out paperwork and more time in
classrooms. And, equally important, it means that more federal
education dollars will find their way into our children's schools,
where they belong. Right now, as little as 65 cents of every dollar the
nation's taxpayers invest in education makes it into the classroom.
Straight A's relies on a simple formula:
Freedom+Accountability=Results. States would have the option of
submitting a proposal to the Secretary of Education that would set
specific, measurable performance goals to be reached in five years.
States would be allowed maximum flexibility with the use of most of
their Federal K-12 formula program funds for state education priorities
and programs in exchange for being held accountable for meeting the
goals set in their proposal. This would allow States the freedom to
address more effectively the needs of students in their state.
Alternatively, states would be free to continue to administer Federal
education programs the old way. Straight A's does not eliminate any
program--it's the state's choice to chose its approach.
What this means for states and school districts is that they can use
federal funds for any initiative that improves performance of students
in their state. Those states that choose to participate can focus more
funds on disadvantaged students, increase efforts to improve teacher
quality, reduce class size or even hook up all their classes to the
Internet. The one string is that these efforts must increase the
achievement of all students--including the lowest performing students--
over the course of five years.
If states do not substantially meet those goals, they would lose
their flexibility and revert to the categorical, regulated approach
under current law. If states do well and significantly reduce
achievement gaps between high and low performing students, they may be
rewarded with additional funds.
Finally, it should also be noted that participating states and school
districts would not lose any Title I funding. If Title I, Part A is
included by a state, each school district in that state would be
assured of receiving at least as much money as they received in the
fiscal year preceding the year of the agreements enactment.
This proposal will allow educators to do what they do best--teach
kids. We should focus on students learning and achieving, not process
and paperwork.
My colleagues should also know that I did not develop this concept in
a vacuum. As I mentioned earlier over the course of the past few years
I have heard from literally hundreds of parents and educators about the
challenges they face trying to provide the best possible education for
their children. In particular, during the last congressional recess
period I traveled to several schools around Washington state and had a
chance to talk to many educators about my legislation. They've since
responded with enthusiastic support for my proposal--I'd like to share
some of their comments with you now:

We need more control at the local level not more rules and
regulations from the federal government.--Dennis Birr,
President of the Association of Washington School Principals.
Senator Gorton's Straight A's proposal is well-conceived
with great flexibility for states and districts. It would
help to focus federal resources where they are most needed.--
Janet Barry, Issaquah Superintendent and 1996 National
Superintendent of the Year.
I believe that the choice is very clear. Would I trade the
present government restrictions and stifling paperwork for
flexibility and higher accountability? The answer is
absolutely yes!--Dr. Richard Semler, Superintendent of the
Richland School District.
The Straight A's Act would release a tremendous amount of
badly needed education dollars and give school districts the
flexibility they desperately need.--State Senator Don Benton
(R-17th) and State Representative Marc Boldt (R-17th).

I believe so strongly in the fundamental principal that local people
make the best decisions about our children's education that each week
I've come to the Senate floor to recognize individuals, schools, and
educational programs in Washington state that demonstrate innovation
and excellence in education.
My first award went to the Tukwila School District which had its
ethnic diversity grow by more than 1,000 percent in the last seven
years. I had the opportunity to visit this district earlier this year,
and I found that 20% of the district's students are enrolled in
bilingual education, and all told, they speak about 30 different
languages. To meet the challenge of integrating this immigrant
population into the school system and the community, the Tukwila School
District, the City of Tukwila, and the local Rotary Club created ``New
Friends & Families''--a program designed to engage these hard-to-reach
immigrant and refugee students and their families to make them aware of
community services and to encourage

[[Page S7464]]

parental involvement in their children's education. It is programs like
``New Friends & Families'' that illustrate the local innovation and
local partnerships working to ensure all of their students achieve.
I also had the pleasure over this last break to stop by Chris
Luther's 3rd grade class at Beachwood Elementary School. This class did
not miss a spelling word on their weekly spelling tests for the entire
school year. This is a classroom of average kids, all with different
backgrounds and abilities. Yet, Mr. Luther has found a way to encourage
and tutor these students so they are all accomplishing equally
praiseworthy work. The key has not been some magical formula rather,
the success of these students comes from a concerted effort by Mr.
Luther to boost their self-esteem, to enhance their memory skills, and
to impress upon every child in the classroom that learning is
important. Those strategies combined with the individual effort of each
of his students has clearly paid off. Those students may not remember
how to spell each of the words they learned this year, but they will
remember their third grade teacher for the rest of their lives.
Then there's Karen Mikolasy, Washington state's teacher of the year,
who has taught for 28 years at Shorecrest High School with passion for
her students and for her work. She emphasizes consistency and
standards. In Mrs. Mikolasy's class homework is handed in on time and
papers are rewritten until each student earns at least a B. That
consistency in expectations also carries over to consistent positive
reinforcement to her students--she tells them daily that it is a
privilege to be their teacher. She says that in 28 years, not one day
has gone by which she hasn't wanted to be in the classroom with her
students. She was also recently recognized as the Washington State
Teacher of the Year. In the few minutes I met with her, I understood
why she won this honor. Her passion and commitment to educating and
inspiring young people was clear.
I hope these examples clearly illustrate why it is important that we
return to our states and local communities the right to set priorities
that reflect the unique needs of their students and allow more
districts to have the ability to innovate like the Tukwila School
District, and more teachers to spend more time with their students and
hopefully emulate the examples set by Chris Luther and Karen Mikolasy.
In each of the last two years the Senate has voted to send more money
to our classrooms, but the President has threatened a veto. I will try
again this year. I'm going to keep fighting for a shift from programs
focused on procedures and paperwork to a system that puts student
learning and academic achievement first--a system that lets those
closest to our children--their parents, teachers, and principals and
school board members decide what's best for our children.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1266

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Academic Achievement for All
Act (Straight A's Act)''.

SEC. 2. PURPOSE.

The purpose of this Act is to create options for States and
communities--
(1) to improve the academic achievement of all students,
and to focus the resources of the Federal Government upon
such achievement;
(2) to give States and communities maximum freedom in
determining how to boost academic achievement and implement
education reforms;
(3) to hold States and communities accountable for boosting
the academic achievement of all students, especially
disadvantaged children; and
(4) to narrow achievement gaps between the lowest and
highest performing groups of students so that no child is
left behind.

SEC. 3. PERFORMANCE AGREEMENT.

(a) Program Authorized.--A State may, at its option,
execute a performance agreement with the Secretary under
which the provisions of law described in section 4(a) shall
not apply to such State except as otherwise provided in this
Act.
(b) Approval of Performance Agreement.--A performance
agreement submitted to the Secretary under this section shall
be approved by the Secretary unless the Secretary makes a
written determination, within 60 days after receiving the
performance agreement, that the performance agreement is in
violation of the provisions of this Act.
(c) Terms of Performance Agreement.--Each performance
agreement executed pursuant to this Act shall include the
following provisions:
(1) Term.--A statement that the term of the performance
agreement shall be 5 years.
(2) Application of program requirements.--A statement that
no program requirements of any program included by the State
in the performance agreement shall apply, except as otherwise
provided in this Act.
(3) List.--A list provided by the State of the programs
that it wishes to include in the performance agreement.
(4) Use of funds to improve student achievement.--Include a
5-year plan describing how the State intends to combine and
use the funds from programs included in the performance
agreement to advance the education priorities of the State,
improve student achievement, and narrow achievement gaps
between students.
(5) Accountability system requirements.--If a State
includes part A of title I of the Elementary and Secondary
Education Act of 1965 in its performance agreement, the State
shall include a certification that the State has the
following:
(A)(i) developed and implemented the challenging State
content standards, challenging State student performance
standards, and aligned assessments described in section
1111(b) of the Elementary and Secondary Education Act of
1965, and for which local educational agencies in the State
are producing the individual school performance profiles
required by section 1116(a)(3) of such Act; or
(ii) developed and implemented a system to measure the
degree of change from 1 school year to the next in student
performance on such assessments;
(B) established a system under which assessment information
is disaggregated by race, ethnicity, sex, English proficiency
status, and socioeconomic status for the State, each local
educational agency, and each school, except that such
disaggregation shall not be required in cases in which the
number of students in any such group is insufficient to yield
statistically reliable information or would reveal the
identity of an individual student;
(C) established specific, measurable, numerical performance
objectives for student achievement, including--
(i) a definition of performance considered to be
satisfactory by the State on the assessment instruments
described under subparagraphs (A) and (B) with performance
objectives established for all students and for specific
student groups, including groups for which data is
disaggregated under subparagraph (B); and
(ii) the objective of improving the performance of all
groups and narrowing gaps in performance between those
groups; and
(D) developed and implemented a statewide system for
holding its local educational agencies and schools
accountable for student performance that includes--
(i) a procedure for identifying local educational agencies
and schools in need of improvement;
(ii) assisting and building capacity in local educational
agencies and schools identified as in need of improvement to
improve teaching and learning; and
(iii) implementing corrective actions if the assistance and
capacity building under clause (ii) is not effective.
(6) Performance goals.--
(A) Student achievement data.--Each State shall establish
student performance goals for the 5-year term of the
performance agreement that, at a minimum--
(i) establish a single high standard of performance for all
students;
(ii) take into account the progress of students from every
local educational agency and school in the State;
(iii) measure changes in the percentages of students at
selected grade levels meeting specified proficiency levels of
achievement (established by the State) in the final year of
the performance agreement, compared to such percentages in
the baseline year (as described in subparagraph (C));
(iv) set numerical goals to attain by the end of the term
of the performance agreement to--

(I) improve the performance of the groups specified in
paragraph (5)(B); and
(II) reduce achievement gaps between the highest and lowest
performing groups of students by raising the achievement
levels of the lowest performing students in mathematics and
reading, at a minimum; and

(v) require all students in the State to make substantial
gains in achievement.
(B) Additional indicators of performance.--A State may
identify in the performance agreement any additional
indicators of performance such as graduation, dropout, or
attendance rates.
(C) Baseline performance data.--To determine student
achievement levels for the baseline year, the State shall use
its most recent achievement data when executing the
performance agreement.
(D) Consistency of performance measures.--A State shall
maintain, at a minimum, the same challenging State student
performance standards and assessments

[[Page S7465]]

throughout the term of the performance agreement.
(7) Fiscal responsibilities.-- An assurance that the State
will use fiscal control and fund accounting procedures that
will ensure proper disbursement of, and accounting for,
Federal funds paid to the State under this Act.
(8) Civil rights.--An assurance that the State will meet
the requirements of applicable Federal civil rights laws.
(9) Private school participation.--An assurance that the
State will provide for the equitable participation of
students and professional staff in private schools in
accordance with section 14503 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8893).
(10) State financial participation.--An assurance that the
State will not reduce the level of spending of State funds
for education during the term of the performance agreement.
(11) Annual report.--An assurance that not later than 1
year after the execution of the performance agreement, and
annually thereafter, each State shall disseminate widely to
the general public, submit to the Secretary, distribute to
print and broadcast media, and post on the Internet, a report
that includes--
(A) student performance data, disaggregated as provided in
paragraph (5)(A)(ii); and
(B) a detailed description of how the State has used
Federal funds to improve student performance and reduce
achievement gaps to meet the terms of the performance
agreement.
(d) Special Rule.--If a State does not include part A of
title I of the Elementary and Secondary Education Act of 1965
in its performance agreement, the State shall--
(1) certify that it has developed a system to measure the
academic performance of all students; and
(2) establish performance goals in accordance with
subsection (c)(6) for such other programs.
(e) Amendment to Performance Agreement.--A State may submit
an amendment to the performance agreement to the Secretary
under the following circumstances:
(1) Reduce scope of performance agreement.--Not later than
1 year after the execution of the performance agreement, a
State may amend the performance agreement through a request
to withdraw a program from such agreement. If the Secretary
approves the amendment, the requirements of existing law
shall apply for any program withdrawn from the performance
agreement.
(2) Expand scope of performance agreement.--Not later than
1 year after the execution of the performance agreement, a
State may amend its performance agreement to include
additional programs and performance indicators for which it
will be held accountable.

SEC. 4. ELIGIBLE PROGRAMS.

(a) Eligible Programs.--The provisions of law referred to
in section 3(a) except as otherwise provided in subsection
(b), are as follows:
(1) Part A of title I of the Elementary and Secondary
Education Act of 1965.
(2) Part B of title I of the Elementary and Secondary
Education Act of 1965.
(3) Part C of title I of the Elementary and Secondary
Education Act of 1965.
(4) Part D of title I of the Elementary and Secondary
Education Act of 1965.
(5) Section 1502, part E of title I of the Elementary and
Secondary Education Act of 1965.
(6) Part B of title II of the Elementary and Secondary
Education Act of 1965.
(7) Section 3132 of title III of the Elementary and
Secondary Education Act of 1965.
(8) Title IV of the Elementary and Secondary Education Act
of 1965.
(9) Title VI of the Elementary and Secondary Education Act
of 1965.
(10) Section 307 of the Department of Education
Appropriation Act of 1999.
(11) Comprehensive school reform programs as authorized
under section 1502 of the Elementary and Secondary Education
Act of 1965 and described on pages 96-99 of the Joint
Explanatory Statement of the Committee of Conference included
in House Report 105-390 (Conference Report on the Departments
of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1998)''.
(12) Part C of title VII of the Elementary and Secondary
Education Act of 1965.
(13) Title III of the Goals 2000: Educate America Act.
(14) Sections 115 and 116, and parts B and C of title I of
the Carl D. Perkins Vocational Technical Education Act.
(15) Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act.
(b) Allocation Amounts.--A State may choose to combine
funds from any or all of the programs described in subsection
(a) without regard to the program requirements of such
provisions, except as otherwise provided in this Act and
except that allocation ratios provided under the provisions
referred to in subsection (a) shall remain in effect unless
otherwise provided.
(c) Uses of Funds.--Funds made available under this Act to
a State shall be used for any educational purpose permitted
by State law of the participating State.

SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS.

(a) In General.--The distribution of funds from programs
included in the performance agreement from a State to a local
educational agency within the State shall be determined by
the State legislature and the Governor of the State. In a
State in which the constitution or State law designates
another individual, entity, or agency to be responsible for
education, such other individual, entity, or agency shall
work in consultation with the Governor and State legislature
to determine the local distribution of funds.
(b) Local Hold Harmless of Part A Title 1 Funds.--
(1) In general.--In the case of a State that includes part
A of title I in the performance agreement, the agreement
shall provide an assurance that each local educational agency
shall receive an amount equal to or greater than the amount
such agency received under part A of title I of the
Elementary and Secondary Education Act of 1965 in the fiscal
year preceding the fiscal year in which the performance
agreement is executed.
(2) Proportionate reduction.--If the amount made available
to the State from the Secretary for a fiscal year is
insufficient to pay to each local educational agency the
amount made available to such agency for the preceding fiscal
year, the State shall reduce the amount each local
educational agency receives by a uniform percentage.

SEC. 6. LOCAL PARTICIPATION.

(a) Nonparticipating State.--
(1) In general.--If a State chooses not to submit a
performance agreement under this Act, any local educational
agency in such State is eligible, at its option, to submit to
the Secretary a performance agreement in accordance with this
section.
(2) Agreement.--The terms of a performance agreement
between an eligible local educational agency and the
Secretary shall specify the programs to be included in the
performance agreement, as agreed upon by the State and the
agency, from the list under section 4(a).
(b) State Approval.--When submitting a performance
agreement to the Secretary, an eligible local educational
agency described in subsection (a) shall provide written
documentation from the State in which such agency is located
that it has no objection to the agency's proposal for a
performance agreement.
(c) Application.--
(1) In general.--Except as provided in this section, and to
the extent applicable, the requirements of this Act shall
apply to an eligible local educational agency that submits a
performance agreement in the same manner as the requirements
apply to a State.
(2) Exceptions.--The following provisions shall not apply
to an eligible local educational agency:
(A) Within state distribution formula not applicable.--The
formula for the allocation of funds under section 5 shall not
apply.
(B) State set aside shall not apply.--The State set aside
for administrative funds in section 7 shall not apply.

SEC. 7. SET-ASIDE FOR STATE ADMINISTRATIVE EXPENDITURES.

(a) In General.--Except as otherwise provided under
subsection (b), a State that includes part A of title I of
the Elementary and Secondary Education Act of 1965 in the
performance agreement may use not more than 1 percent of such
total amount of funds allocated to such State under the
programs included in the performance agreement for
administrative purposes.
(b) Exception.--A State that does not include part A of
title I of the Elementary and Secondary Education of 1965 its
performance agreement may use not more than 3 percent of the
total amount of funds allocated to such State under the
programs included in the performance agreement for
administrative purposes.

SEC. 8. PERFORMANCE REVIEW.

(a) Failure To Meet Terms.--If at the end of the 5-year
term of the performance agreement a State has failed to meet
at least 80 percent of the performance goals submitted in the
performance agreement, the Secretary shall terminate the
performance agreement and the State shall be required to
comply with the program requirement, in effect at the time of
termination, of each program included in the performance
agreement.
(b) Penalty for Failure To Improve Student Performance.--If
a State has made little or no progress toward achieving its
performance goals by the end of the term of the agreement,
the Secretary shall reduce funds for State administrative
costs for each program included in the performance agreement
by 50 percent for the 2-year period following the end of the
term of the performance agreement.

SEC. 9. RENEWAL OF PERFORMANCE AGREEMENT.

(a) Notification.--A State that wishes to renew its
performance agreement shall notify the Secretary of its
renewal request not less than 6 months prior to the end of
the term of the performance agreement.
(b) Renewal Requirements.--A State that has met at least 80
percent of its performance goals submitted in the performance
agreement at the end of the 5-year term may reapply to the
Secretary to renew its performance agreement for an
additional 5-year period. Upon the completion of the 5-year
term of the performance agreement or as soon thereafter as
the State submits data required under the agreement, the
Secretary shall renew, for an additional 5-year term, the
performance agreement of any State that has met at least 80
percent of its performance goals.

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SEC. 10. ACHIEVEMENT GAP REDUCTION REWARDS.

(a) Closing the Gap Reward Fund.--
(1) In general.--To reward States that make significant
progress in eliminating achievement gaps by raising the
achievement levels of the lowest performing students, the
Secretary shall annually set aside sufficient funds from the
Fund for the Improvement of Education under part A of title X
of the Elementary and Secondary Education Act of 1965 to
grant a reward to States that meet the conditions set forth
in subsection (b) by the end of their 5-year performance
agreement.
(2) Reward amount.--The amount of the reward referred to in
paragraph (1) shall be not less than 5 percent of funds
allocated to the State during the first year of the
performance agreement for programs included in the agreement.
(b) Conditions of Performance Reward.--A State is eligible
to receive a reward under this section if the State reduces
by not less than 25 percent, over the 5-year term of the
performance agreement, the difference between the percentage
of highest and lowest performing groups of students that meet
the State's definition of ``proficient'' as referenced in
section 1111(b)(1)(D)(i)(II) of the Elementary and Secondary
Education Act of 1965, for the following:
(A) Content areas.--The reduction in the achievement gap
shall include not less than 2 content areas, one of which
shall be mathematics or reading.
(B) Grades tested.--The reduction shall occur in at least 1
grade level.

SEC. 11. STRAIGHT A'S PERFORMANCE REPORT.

The Secretary shall make the annual State reports described
in section 3 available to the House Committee on Education
and the Workforce and the Senate Committee on Health,
Education, Labor and Pensions not later than 60 days after
the Secretary receives the report.

SEC. 12. CONSTRUCTION.

To the extent that provisions of title XIV of the
Elementary and Secondary Education Act of 1965 are
inconsistent with this Act, this Act shall be construed as
superseding such provisions.

SEC. 13. DEFINITIONS.

For the purpose of this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the same meaning given such term in section
14101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(3) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and American Samoa.

SEC. 14. EFFECT ON STATE LAW.

Nothing in this Act shall be construed to supersede or
modify any provision of a State constitution or State law
that prohibits the expenditure of public funds in or by
sectarian institutions.

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