Goals 2000 Analysis

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  GOALS 2000: EDUCATE AMERICA ACT

 

Section-by-Section Analysis

 

Section 2. Section 2 of the bill would state that the

purpose of the Act is to provide a framework for meeting the

National Education Goals established under title I of this Act

by: (1) promoting coherent, nationwide, systemic education

reform; (2) improving the quality of learning and teaching in the

classroom; (3) defining appropriate and coherent Federal, State,

and local roles and responsibilities for education reform; (4)

establishing valid, reliable, and fair mechanisms: for building a

broad national consensus on American education reform; assisting

in the development and certification of high-quality,

internationally competitive content and student performance

standards; and assisting in the development and certification of

high-quality assessment measures that reflect the internationally

competitive content and performance standards; and assisting in

the development of model opportunity-to-learn standards; (5)

supporting new initiatives at the Federal, State, local, and

school levels to provide equal educational opportunity for all

students to meet high standards; and (6) providing a framework

for the reauthorization of all Federal education programs by

creating a vision of excellence and equity that will guide all

Federal education and related programs; providing for the

establishment of high quality, internationally competitive

content and performance standards that all students will be

expected to achieve; providing for the establishment of high-

quality, internationally competitive opportunity-to-learn

standards that all States, local educational agencies, and

schools should achieve; encouraging and enabling all State

educational agencies and local educational agencies to develop

comprehensive improvement plans that will provide a coherent

framework for the implementation of reauthorized Federal

education and related programs in an integrated fashion that

effectively educates all children; providing resources to help

individual schools, including those serving students with high

needs, develop and implement comprehensive improvement plans that

will provide a coherent framework for the implementation of

reauthorized Federal education and related programs in an

integrated fashion; and stimulating the development and adoption

of a voluntary national system of skill standards and

certification to serve as a cornerstone of the national strategy

to enhance workforce skills. Section 2 would also define the

term "all students" to mean students from the broad range of

backgrounds and circumstances, including disadvantaged students,

students with diverse racial, ethnic, and cultural backgrounds,

students with disabilities, students with limited English

proficiency, and academically talented students.

 

 

 

TITLE I - NATIONAL EDUCATION GOALS

 

Section 101. Section 101 of the bill would state that the

purpose of Title I is to establish the National Education Goals.

 

Section 102. Section 102 of the bill would provide that

Congress declares the National Education Goals to be that, by the

year 2000: (1) all children in America will start school ready to

learn; (2) the high school graduation rate will increase to at

least 90 percent; (3) American students will leave grades 4, 8,

and 12 having demonstrated competency over challenging subject

matter including English, mathematics, science, foreign

languages, arts, history, and geography, and every school in

America will ensure that all students learn to use their minds

well, so they may be prepared for responsible citizenship,

further learning, and productive employment in our modern

economy; (4) United States students will be first in the world in

mathematics and science achievement; (5) every adult American

will be literate and will possess the knowledge and skills

necessary to compete in a global economy and exercise the rights

and responsibilities of citizenship; and (6) every school in the

United States will be free of drugs and violence and will offer a

disciplined environment conducive to learning. Section 102 would

also state specific objectives for the goals.

 

 

TITLE II - NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS,

AND ASSESSMENTS

 

PART A - NATIONAL EDUCATION GOALS PANEL

 

Section 201. Section 201 of the bill would set forth as the

purpose of the part the establishment of a bipartisan mechanism

for: (1) building a national consensus for education improvement;

(2) reporting on progress toward achieving the National Education

Goals; and (3) reviewing and approving the voluntary national

content and student performance standards and opportunity-to-

learn standards certified by the National Education Standards and

Improvement Council established under Part B, as well as the

criteria for their certification, and the criteria for the

certification of State assessments by the National Education

Standards and Improvement Council.

 

Section 202. Section 202(a), (b), and (c) of the bill would

establish in the Executive Branch an 18-member National Education

Goals Panel (the "Goals Panel"), of which: (1) two members would

be Presidential appointees; (2) eight members would be Governors

appointed by the Chairperson and Vice Chairperson of the National

Governors' Association (NGA) (each appointing representatives of

his or her respective political party), three of whom would be

from the same political party as the President and five of whom

would be from the opposite political party; (3) two members of

the Senate, one appointed by the majority leader and one

appointed by the minority leader of the Senate; (4) two members

of the House of Representatives, one appointed by the majority

leader and one appointed by the minority leader of the House;

and (5) four State legislators appointed by the President of the

National Conference of State Legislatures, of whom not more than

two could be of the same political party as the President.

Section 202(c) would ensure balanced political representation on

the Goals Panel by requiring the Chairperson of the NGA to

appoint 3 members and the Vice Chairperson to appoint 5 members

when the Chairperson is from the same political party as the

President and vice versa when the Chairperson of the NGA is from

the opposite political party as the President. Section 202(c)

would also "grandfather" the existing NGA goals panel as meeting,

except for the appointment of State legislators, the requirements

of sections 202(b) and (c).

 

Section 202(d) would set forth the terms of the Goals

Panel's members. Members who are Presidential appointees would

serve at the pleasure of the President. Members who are

Governors would serve for two years, except that initial

appointments would be made to ensure staggered terms. Members

who are Senators, United States Representatives, and State

legislators would serve for two years.

 

Section 202(e) would require that initial Goals Panel

members be appointed not later than 60 days after the date of

enactment of the Act.

 

Section 202(f) would permit the Goals Panel to begin to

carry out its duties when ten members of the Goals Panel have

been appointed.

 

Section 202(g) would require that a vacancy on the Goals

Panel be filled in the same manner as the original appointment.

 

Section 202(h) would set forth the allowed travel expenses,

including per diem, for Goals Panel members.

 

Section 202(i) would set forth the terms of and procedures

for selecting the Chair of the Goals Panel. It requires that the

Chair be selected from among the Governors on the Goals Panel.

The Chair would serve a one year term, and the position would

alternate between political parties.

 

Section 203. Section 203(a) of the bill would set forth the

duties of the Goals Panel, which include: (1) reporting on the

progress the Nation and the States are making toward achieving

the National Education Goals; (2) submitting to the President

nominations for appointment to the National Education Standards

and Improvement Council, in accordance with sections 212(b) and

(c); (3) reviewing and approving (or explaining why approval is

withheld) the criteria developed by the National Education

Standards and Improvement Council for the certification of

content and student performance standards, assessments, and

opportunity-to-learn standards, and the voluntary national

content and student performance standards and opportunity-to-

learn standards certified by the National Education Standards and

Improvement Council; (4) reporting on promising or effective

actions being taken at the national, State, and local levels, in

the public and private sectors, to achieve the National Education

Goals; and (5) helping to build a nationwide, bipartisan

consensus for the reforms necessary to achieve the National

Education Goals.

 

Section 203(b) would require the Goals Panel to submit to

the President, the Secretary, the Congress, and each Governor an

easily understandable, annual, national report card that would

report on the progress of the United States toward achieving the

National Education Goals and identify actions that should be

taken by Federal, State, and local governments.

 

Section 204. Section 204 of the bill would set forth the

powers of the Goals Panel, including conducting hearings;

securing information from Federal departments and agencies;

using the United States mail in the same manner as Federal

departments and agencies; accepting gifts; and using Federal,

State, and local governmental equipment and facilities.

Section 204 would also require the Secretary of Education (the

"Secretary") to provide the Goals Panel, on a reimbursable basis,

with administrative support services, and, to the extent

appropriate, and on a reimbursable basis, make contracts and

other arrangements requested by the Goals Panel to help it

compile and analyze necessary data.

 

Section 205. Section 205 of the bill would set forth

administrative provisions for the Goals Panel, including

provisions related to meetings, quorums, and voting. Section 205

would also require the Goals Panel to ensure public access to its

proceedings (other than proceedings, or portions of proceedings,

relating to internal personnel and management matters) and make

available to the public, at reasonable cost, transcripts of such

proceedings.

 

Section 206. Section 206 of the bill would require the

Chairperson of the Goals Panel to appoint a Director, who could

be paid without regard to the provisions of title 5 of the United

States Code, subject to a salary "cap" equal to the basic pay for

level V of the Executive Schedule. Section 206 would provide

authority for the hiring and paying of staff for the Goals Panel,

including not more than four excepted service staff in addition

to the Director, and of experts and consultants. Section 206

would also authorize the head of any Federal department or

agency, upon request of the Goals Panel, to detail, on a

reimbursable basis, any of their personnel to the Goals Panel.

 

PART B - NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL

 

Section 211. Section 211 of the bill would set forth as the

purpose of Part B the establishment of a mechanism for: (1)

certifying voluntary national content and student performance

standards that define what American students should know and be

able to do; (2) certifying content and student performance

standards submitted by States on a voluntary basis, if such

standards are comparable in rigor and quality to the voluntary

national content and student performance standards certified by

the National Education Standards and Improvement Council

("NESIC"); (3) stimulating the development of several

alternative, prototype, voluntary curricula that demonstrate

diverse ways in which content standards in different subject

areas can be integrated into a coherent instructional program for

all students; (4) certifying voluntary national opportunity-to-

learn standards that describe the conditions of teaching and

learning necessary for all students to have a fair opportunity to

achieve the knowledge and skills described in the voluntary

national content and student performance standards certified by

the NESIC; (5) certifying opportunity-to-learn standards

submitted by States on a voluntary basis, if they are consistent

with the voluntary national opportunity-to-learn standards; and

(6) certifying systems of assessments submitted by States on a

voluntary basis, if they are aligned with State content standards

certified by NESIC and if they are valid, reliable, and fair when

used for their intended purposes. Section 211 would also define

the term "opportunity-to-learn standards" to include ways of

measuring the extent to which such standards are being met.

 

Section 212. Section 212(a), (b), and (c) of the bill would

establish in the Executive Branch a 20-member National Education

Standards and Improvement Council appointed by the President from

nominations submitted by the Goals Panel. Members of NESIC would

include: (1) five professional educators, including elementary

and secondary classroom teachers, preschool administrators and

other school-based professionals, local district or State

administrators, and other educators; (2) five representatives of

business and industry and postsecondary educational institutions,

including at least one representative of business and industry

who is also a member of the National Skill Standards Board

established in Title IV of this Act; (3) five representatives of

the public, including representatives of advocacy and civil

rights groups, parents, civic leaders, and local and State

education policymakers (including State or local school boards);

and (4) five education experts, including experts in measurement

and assessment, curriculum, school finance and equity, and school

reform. The Goals Panel would be required to submit to the

President at least 15 nominations for each of the four categories

of appointments. To the extent feasible, the membership of NESIC

would be geographically representative of the United States and

reflect the racial and ethnic diversity of the United States.

Section 212(d) would generally establish 3-year terms for

NESIC members, except that initial appointments would be

staggered to establish a rotation of membership. Section 212(d)

would prohibit any member from serving more than two consecutive

terms.

 

Section 212(e) would require that initial NESIC members be

appointed not later than 120 days after the date of enactment of

the Act.

 

Section 212(f) would require NESIC to begin its duties when

all 20 members have been appointed.

 

Section 212(g) would require that NESIC members attend at

least two-thirds of the scheduled meetings in any given year in

order to retain their appointment.

 

Section 212(h) would require that a vacancy on NESIC be

filled in the same manner as the original appointment.

 

Section 212(i) would authorize compensation, at a rate fixed

by the Secretary (but not higher than the maximum rate of basic

pay for GS-15) for NESIC members, while they attend NESIC to

functions and while performing their duties away from home or the

regular place of business.

 

Section 212(j) would set forth the allowed travel expenses,

including per diem, for NESIC members.

 

Section 212(k) would require that officers of NESIC be

selected from and by its members, and that those officers serve

1-year terms.

 

Section 213. Section 213 of the bill would set forth the

duties of the NESIC.

 

Section 213(a) would set forth the duties of the NESIC

regarding voluntary national content standards. Section 213(a)

would require NESIC to identify areas in which voluntary national

content standards need to be developed, certify voluntary

national content and student performance standards that define

what American students should know and be able to do, and forward

such standards to the Goals Panel for approval. NESIC would be

required to identify and develop criteria to be used for

certifying such national content standards, and, before applying

such criteria, forward them to the Goals Panel for approval. The

criteria would have to address: (1) the extent to which the

proposed standards are internationally competitive and comparable

to the best in the world; (2) the extent to which the proposed

standards reflect the best available knowledge about how all

students learn and about how the content area can be most

effectively taught; (3) the extent to which the proposed

standards have been developed through an open and public process

that provides for input and involvement of all relevant parties,

including teachers and other professional educators, employers

and postsecondary education institutions, curriculum and subject

matter specialists, and the public; and (4) other factors it

deems appropriate. In developing the criteria, NESIC would be

required to work with entities that are developing, or have

already developed, content standards, and other entities that it

deems appropriate, to identify appropriate certification

criteria.

 

Section 213(b) would authorize the Council to certify

content and student performance standards presented on a

voluntary basis by States, if such standards are comparable in

rigor and quality to the voluntary national content and student

performance standards certified by the Council.

 

Section 213(c) would set forth the duties of NESIC regarding

voluntary national opportunity-to-learn standards.

Section 213(c) would require NESIC to certify exemplary,

voluntary opportunity-to-learn standards that establish a basis

for providing all students with a fair opportunity to achieve the

knowledge and skills prescribed by the voluntary national content

standards certified by NESIC. The voluntary national

opportunity-to-learn standards would be required to be

sufficiently general to be adopted by any State without unduly

restricting State and local prerogatives regarding instructional

methods to be employed. Such opportunity-to-learn standards

would have to address: (1) the quality and availability of

curriculum, instructional materials, and technologies; (2) the

capability of teachers to provide high-quality instruction in

each content area; (3) the extent to which teachers and

administrators have ready and continuing access to professional

development, including the best knowledge about teaching,

learning, and school improvement; (4) the extent to which

curriculum, instructional practices, and assessments are aligned

to content standards; and (5) other factors that NESIC deems

appropriate to ensure that every student receives a fair

opportunity to achieve the knowledge and skills described in the

voluntary content and student performance standards certified by

NESIC. NESIC would be required to forward the voluntary national

opportunity-to-learn standards it certifies to the Goals Panel

for approval. In carrying out its duties, NESIC would be

required to: (1) identify what countries with rigorous content

standards do to provide their children with opportunities to

learn, prepare their teachers, and provide continuing

professional development opportunities for their teachers; and

(2) develop criteria to be used for certifying the voluntary

national opportunity-to-learn standards and, before applying such

criteria, forward them to the Goals Panel for approval.

Section 213(c) would also require NESIC to assist in the

development of the voluntary national opportunity-to-learn

standards by: (1) making recommendations to the Secretary on the

priorities and selection criteria for the award made under

section 218; and (2) coordinating with the consortium receiving

an award under section 218 to ensure that the opportunity-to-

learn standards the consortium develops are of high quality and

are consistent with the criteria developed by the Council for the

certification of such standards.

 

Section 213(d) would require NESIC to certify opportunity-

to-learn standards presented on a voluntary basis by States, if

they are consistent with the voluntary, national opportunity-to-

learn standards.

 

Section 213(e) would set forth the duties of NESIC regarding

assessments. Section 213(e) would require NESIC to certify a

system of assessments presented on a voluntary basis by a State,

if they are aligned with the State's content standards certified

by NESIC. Section 213(e) would require systems of assessments to

be certified by NESIC for the purpose of: (1) exemplifying for

students, parents, and teachers the kinds and levels of

achievement that should be expected, including the identification

of student performance standards; (2) improving classroom

instruction and improving the learning outcomes for all students;

(3) informing students, parents, and teachers about student

progress toward the standards; (4) measuring and providing

incentives to individual students, schools, districts, States,

and the Nation to improve educational performance; and (5)

assisting education policymakers in making decisions about

education programs. NESIC could certify a system of assessments

only if it will not be used to make decisions regarding

graduation, grade promotion, or retention of students for a

period of five years from the date of enactment of this Act.

 

Section 213(e) would also require NESIC to develop and, no

sooner than three years or later than four years after the

enactment of this legislation, begin utilizing criteria for the

certification of such assessment systems. Before using such

criteria, NESIC would be required to forward the criteria to the

Goals Panel for approval. The certification criteria developed

by NESIC would be required to address the extent to which the

assessment system: (1) is aligned with State content standards

certified by the Council; (2) is to be used for a purpose that is

valid, reliable, fair, and free of discrimination; and (3)

includes all students, especially students with disabilities or

with limited English proficiency. In determining appropriate

certification criteria, NESIC would be required to: (1) consider

standards and criteria being developed by other national

organizations and recent research on assessment; (2) recommend

needed research; (3) encourage the development and field testing

of systems of assessments; and (4) provide a public forum for

discussing, debating, and building consensus for the criteria to

be used for the certification of assessment systems. Prior to

determining the certification criteria, NESIC would have to take

public comment on its proposed criteria.

 

 

Section 213(f) would require NESIC to: (1) work with other

Federal and non-Federal agencies and organizations that are

conducting research, studies, or demonstration projects to

determine internationally competitive education standards and

assessments and authorize NESIC to establish subject matter and

other panels to advise it on particular student performance and

opportunity-to-learn standards and on assessments; (2) establish

cooperative arrangements with the National Skill Standards Board

to promote the coordination of the development of content and

student performance standards with the development of skill

standards; (3) recommend studies to the Secretary that are

necessary to carry out NESIC's responsibilities; (4) inform the

public about what constitutes high-quality, internationally

competitive, content, student performance, and opportunity-to-

learn standards, and assessment systems; (5) on a regular basis,

review and update criteria for certifying content, student

performance, and opportunity-to-learn standards, and assessment

systems; and (6) periodically recertify, as appropriate, the

voluntary national content and student performance standards, and

the voluntary national opportunity-to-learn standards that it

certifies under this section.

 

Section 214. Section 214 of the bill would require NESIC to

submit annual reports on its work to the President, the

Secretary, the Congress, each Governor, and the Goals Panel.

 

Section 215. Section 215 of the bill would set forth the

powers of the NESIC, including conducting hearings; securing

information from Federal departments and agencies; using the

United States mail in the same manner as Federal departments and

agencies; accepting gifts; and using Federal, State, and local

governmental equipment and facilities. Section 215 would also

require the Secretary to provide NESIC, on a reimbursable basis,

with administrative support services and, to the extent

appropriate, and on a reimbursable basis, make contracts

requested by NESIC to help it compile and analyze necessary data

and carry out other functions necessary to the performance of its

responsibilities.

 

Section 216. Section 216 of the bill would set forth

administrative provisions for NESIC, including provisions related

to meetings and quorums. Section 216(c) would require NESIC to

take all actions by a majority vote of its total membership,

ensuring the right of the minority to issue written views.

Section 216(d) would require NESIC to ensure public access to its

proceedings (other that proceedings, or portions of proceedings,

relating to internal personnel and management matters) and make

available to the public, at reasonable cost, transcripts of such

proceedings.

Section 217. Section 217 of the bill would require the

Chairperson of NESIC to appoint a Director, who could be paid

without regard to the provisions of Title 5 of the United States

Code, subject to a salary "cap" equal to the basic pay for

level V of the Executive Schedule. Section 217 would provide

authority for the hiring and paying of staff for NESIC, including

not more than four excepted service staff in addition to the

Director, and of experts and consultants. Section 217 would also

authorize the head of any Federal department or agency, upon

request of NESIC, to detail, on a reimbursable basis, any of

their personnel to NESIC.

 

Section 218. Section 218 of the bill would authorize the

Secretary to make a grant, on a competitive basis, to a

consortium of individuals and organizations to develop voluntary

national opportunity-to-learn standards. Section 218 would: (1)

specify the entities that the consortium shall, to the extent

possible, include; and (2) require any consortium desiring to

receive a grant to submit an application to the Secretary at such

time, in such manner, and containing such information and

assurances as the Secretary may require. In establishing

priorities and selection criteria for such grant, the Secretary

would be required to give special consideration to the

recommendations made by NESIC pursuant to section 213(c)(5)(A) of

the bill.

 

Section 219. Section 219 of the bill would authorize the

Secretary to make grants to States and local educational agencies

to help defray the cost of developing, field testing, and

evaluating assessments aligned to State content standards

certified by the Council. Section 219 would require any State or

local educational agency that desires to receive a grant under

this section to submit an application to the Secretary at such

time, in such manner, and containing such information and

assurances as the Secretary may require. A grant recipient would

be required to: (1) examine the validity, reliability, and

fairness of an assessment, or system of assessments, for the

particular purpose for which such assessment was developed; and

(2) devote special attention to how an assessment, or system of

assessments, treats all students, especially with regard to the

race, gender, ethnicity, and language proficiency of such

students. Section 219 also requires that an assessment, or

system of assessments, developed and evaluated with funds under

this section may not be used for decisions about individual

students relating to program placement, promotion, or retention,

graduation, or employment for a period of five years from the

date of enactment of this Act.

 

PART C - AUTHORIZATION OF APPROPRIATION

 

Section 221. Section 221(a) of the bill would authorize

$3 million to be appropriated for fiscal year 1994 and authorize

such sums as may be necessary to be appropriated for each of the

four succeeding fiscal years to carry out Part A of Title II.

 

Section 221(b) of the bill would authorize $3 million to be

appropriated for fiscal year 1994 and authorize such sums as may

be necessary to be appropriated for each of the four succeeding

fiscal years to carry out Part B of Title II.

 

Section 221(c) would authorize $1 million to be appropriated

for fiscal year 1994 and authorize such sums as may be necessary

to be appropriated for fiscal year 1995 to carry out section 218

of Title II.

 

Section 221(d) of the bill would authorize $5 million to be

appropriated for fiscal year 1994 and authorize such sums as may

be necessary for each of the four succeeding fiscal years to

carry out the Assessment Development and Evaluation Grants

program under section 219 of Title II.

 

TITLE III -- STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT

 

Section 301. Section 301 of the bill would set out the

following congressional findings: (1) all students can learn to

high standards and must realize their potential if the United

States is to prosper; (2) the reforms in education of the last 15

years have achieved some good results, but these efforts often

have been limited to a few schools or to a single part of the

educational system; (3) leadership must come both from teachers,

related services personnel, principals, and parents in individual

schools and from policymakers at the local, State, tribal, and

national levels, in order for lasting improvements in student

performance to occur; (4) simultaneous top-down and bottom-up

education reform is necessary to spur creative and innovative

approaches by individual schools to help all students achieve

internationally competitive standards; (5) strategies must be

developed by communities and States to support the revitalization

of all local public schools by fundamentally changing the entire

system of education through comprehensive, coherent, and

coordinated improvement; (6) parents, teachers and other local

educators, and business, community, and tribal leaders must be

involved in developing system-wide improvement strategies that

reflect the needs of their individual communities; (7) State and

local education improvement efforts must incorporate strategies

for providing students and families with coordinated access to

appropriate social services, health care, nutrition, and child

care to remove preventable barriers to learning and enhance

school readiness for all students; (8) States and local

educational agencies (LEAs), working together, must immediately

set about developing and implementing such system-wide

improvement strategies if the Nation is to educate all children

to meet their full potential and achieve the National Education

Goals listed in Title I of this Act; (9) State and local systemic

improvement strategies must provide all students with effective

mechanisms and appropriate paths to the workforce as well as to

higher education; (10) business should be encouraged to enter

into partnerships with schools, provide information and guidance

to schools on the needs of area business for properly educated

graduates in general and on the need for particular workplace

skills that the schools may provide, provide necessary material

and support, and continue the lifelong learning process

throughout the employment years of an individual; (11) the

appropriate and innovative use of technology can be very

effective in helping to bring all students the opportunity to

learn and meet high standards; and (12) Federal funds should be

targeted to support local and State initiatives, and to leverage

local and State resources for designing and implementing

system-wide improvement plans.

 

Section 302. Section 302 of the bill would state that it is

the purpose of Title III of the bill to improve the quality of

education for all students by supporting a long-term, broad-based

effort to promote coherent and coordinated improvements in the

system of education throughout the Nation at the local and State

levels in order to meet the National Education Goals. This

section would further provide that Title III provides new

authorities and funding for the Nation's school systems and that

it does not replace or reduce funding for existing Federal

education programs. Finally, section 302 would express a

congressional expectation that no State or local educational

agency will reduce its funding for education or for education

reform on account of receiving any funds under this title.

 

Section 303. Section 303 of the bill would authorize the

appropriation of $393 million for the fiscal year 1994, and such

sums as may be necessary for each of the fiscal years 1995

through 1998, to carry out Title III.

 

Section 304. Section 304 of the bill would describe how

funds appropriated under section 303 for any fiscal year would be

used for various purposes and allotted to the States.

 

Under section 304(a)(1), the Secretary would be

required to reserve a total of 1 percent of the Title III

appropriation to provide assistance, in amounts determined by the

Secretary, to the outlying areas and to the Secretary of the

Interior to benefit Indian students in schools operated or funded

by the Bureau of Indian Affairs. Section 304(a)(2) would permit

the Secretary to reserve a total of up to 6 percent of the

Title III appropriation for national leadership activities under

section 312 of the bill, and for the costs of peer review of

State improvement plans and applications under the program.

 

Under section 304(b), the Secretary would allot the

remaining amount to the States as follows: (1) 50 percent of the

remaining amount would be allocated in accordance with the

relative amounts each State received under Chapter 1 of Title I

of the Elementary and Secondary Education Act of 1965 (ESEA) for

the preceding fiscal year; and (2) 50 percent of the remaining

amount would be allocated in accordance with the relative amounts

each State received through the State formula grant program under

Chapter 2 of Title I of the ESEA for the preceding fiscal year.

 

Section 304(c) would direct the Secretary, if he

determines that any amount of a State's allotment for any fiscal

year will not be needed by the State, to reallot that amount to

other States that need additional funds, in whatever manner the

Secretary determines is appropriate.

 

Section 305. Section 305 of the bill would describe the

process for States to apply for funds under Title III.

 

Section 305(a) would require the State educational

agency (SEA) of any State desiring to receive a grant to submit

an application to the Secretary at such time and in such manner

as the Secretary may determine. In addition to the material

described in subsections (b) and (c), each application would have

to include an assurance that the SEA will cooperate with the

Secretary in carrying out the Secretary's national leadership

responsibilities under section 312 and comply with reasonable

data collection requests of the Secretary; an assurance that

State law provides adequate authority to carry out each component

of the State's improvement plan developed, or to be developed

under section 306, or that such authority will be sought; and

other assurances and information that the Secretary may require.

 

Section 305(b) would require that a State's application

for the first year of assistance under Title III: (1) describe

the process by which the State will develop a school improvement

plan that meets the requirements of section 306; and (2) describe

how the State will use Title III funds for that year, including

how it will make subgrants to LEAs and for teacher training.

 

Section 305(c) would provide for a succeeding

multi-year application from each State, to be submitted before

the second year of the program. Under section 305(c)(1), a

State's second application would: (1) cover the second through

fifth years of its participation; (2) include a copy of the

State's improvement plan that meets the requirements of

section 306 or, if the State plan is not complete, a statement

of the steps it will take to complete the plan and a schedule for

doing so; and (3) an explanation of how the State will use

Title III funds, including how it will make subgrants to LEAs

and for teacher training under section 308(b)(1).

 

Section 306. Section 306(a) of the bill would require any

State that wishes to receive a Title III grant after its first

year of participation to develop and implement a plan for the

fundamental restructuring and improvement of elementary and

secondary education in the State. This plan would have to

address: (1) the establishment or adoption of challenging

content and student performance standards for all students, and

the use of curricula, instructional practices, assessments,

technology, and professional preparation and development

approaches appropriate to help students reach those standards, as

more fully described in section 306(c); (2) the establishment or

adoption of opportunity-to-learn standards that will define the

conditions of teaching and learning that provide all students the

opportunity to meet the challenging content and student

performance standards, as more fully described in section 306(d);

(3) needed changes in the governance and management of the

education system in order to effectively focus schools on, and

assist them in, preparing all students to meet the challenging

State standards, as more fully described in section 306(e);

(4) comprehensive strategies to involve communities, including

parents, businesses, libraries, museums, employment and training

 

 

 

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\pagencies, health and human service agencies, and other public

and private agencies that provide social services, health care,

child care, and nutrition to students, in helping all students

meet the challenging State standards, as more fully described in

section 306(f); (5) strategies for ensuring that all LEAs and

schools within the State are involved in developing and

implementing needed improvements within a specified period of

time, as more fully described in section 306(g); and

(6) strategies for ensuring that comprehensive, systemic reform

is promoted from the bottom up in communities, LEAs, and schools,

as more fully described in section 306(h).

 

Section 306(b)(1) would require that each State's

improvement plan be developed by a broad-based panel in

cooperation with the SEA and the Governor. The panel must

include: (1) the Governor and the chief State school officer, or

their designees; (2) the chairman of the State board of education

and the chairmen of the appropriate authorizing committees of the

State legislature, or their designees; (3) teachers, principals,

and administrators who have successfully improved student

performance; (4) representatives of teachers' organizations,

parents, business and labor leaders, community-based

organizations, local boards of education, State and local

officials responsible for health, social services, and other

related services, including local school board members, parents,

and others, as appropriate; and (5) representatives from rural

and urban LEAs in the State.

 

Under section 306(b)(2), the Governor and the chief

State school officer (CSSO) would each appoint half the members

of the State panel and would jointly select the Chairperson of

the panel. Section 306(b)(3) would require that the panel be

geographically representative of the State and reflect the racial

and ethnic diversity of the population of the State.

Section 306(b)(4) would direct the panel to consult the

Governor, the CSSO, the State board of education, and relevant

committees of the State legislature in developing the plan.

 

Under section 306(b)(5), the panel would be responsible

for conducting a statewide, grass-roots outreach process,

including conducting public hearings, to involve educators,

parents, local officials, community and business leaders,

citizens, children's advocates, and others with a stake in the

success of students and their education system, and who are

representative of the diversity of the State and its student

population, in the development of the State plan and in a

continuing dialogue regarding the need for and nature of

challenging standards for students and local and State

responsibilities for helping all students achieve them.

 

Section 306(b)(6) would require the panel to develop a

continuing process for interacting with LEAs and individual

schools engaged in systemic reform, especially including those

LEAs and schools receiving subgrants under section 309 of the

Act, to ensure that the development and implementation of the

State plan reflects their needs and experiences.

 

Section 306(b)(7) would require the panel to develop a

State plan, provide opportunity for public comment, and submit

the State plan to the SEA for approval. Under section 306(b)(8),

the SEA would submit the State's plan, together with an

explanation of any changes made by the SEA to the plan developed

by the panel, to the Secretary for approval. If any portion of

the State's plan addresses matters that, under State or other

applicable law, are not under the authority of the SEA,

section 306(b)(9) would require the SEA to obtain the approval

of, or changes to, such portion from the Governor or other

responsible official before submitting the plan to the Secretary.

 

After the Secretary has approved a State's plan,

section 306(b)(10) would require the panel, in close consultation

with teachers, principals, administrators, and parents, to

monitor the implementation and effectiveness of the State plan to

determine if revisions to the plan are appropriate, and to

periodically report its findings to the public.

 

Section 306(c) would provide that, in the area of

teaching, learning, standards, and assessments, each State plan

must establish strategies for improving teaching and learning,

including: (1) a process for developing or adopting challenging

content and student performance standards for all students; (2) a

process for providing assistance and support to local educational

agencies and schools to give them the capacity and responsibility

to provide all of their students the opportunity to meet

challenging State content and student performance standards;

(3) a process for developing, adopting, or recommending

instructional materials and technology to support and assist

local educational agencies and schools to provide all of their

students the opportunity to meet the challenging State content

and student performance standards; (4) a process for developing

and implementing a valid and non-discriminatory assessment system

or set of locally-based assessment systems that is capable of

providing coherent information about student attainments relative

to the State content standards. The process shall also provide

for monitoring the implementation of such system or systems and

the impact on improved instruction for all students; (5) a

process for improving the State's system of teacher and school

administrator preparation, licensure, and continuing professional

development so that all teachers, related services personnel, and

administrators develop the subject matter and pedagogical

expertise needed to prepare all students to meet the challenging

standards under paragraph (1); (6) a process for providing

appropriate and effective professional development, including the

use of technology, necessary for teachers, school administrators,

and others to help all students meet the challenging standards

under paragraph (1); and (7) a process to ensure widespread

participation of classroom teachers in developing the portions of

the plan described in this subsection.

 

Section 306(d) of the bill would provide that, in the

area of opportunity-to-learn standards, each State plan must

establish a strategy and a timetable for: (1) adopting or

establishing opportunity-to-learn standards; (2) ensuring that

every school in the State achieves the State's opportunity-to-

learn standards; (3) ensuring that the State's opportunity-to-

learn standards address the needs of all students; and

(4) periodically reporting to the public on the extent of the

State's improvement in achieving such standards and providing all

students with a fair opportunity to achieve the knowledge and

skill levels that meet the State's content and student

performance standards.

 

Section 306(e) would provide that, in the area of

governance and management, each State plan must establish

strategies for improved governance and management of its

education system, such as: (1) aligning responsibility,

authority, and accountability throughout the education system, so

that decisions regarding content and student performance

standards are coordinated and decisions regarding the means for

achieving them are made closest to the learners; (2) creating an

integrated and coherent approach to attracting, recruiting,

preparing and licensing, appraising, rewarding, retaining, and

supporting the continued professional development of teachers,

administrators, and other educators, including bilingual

educators, so that there is a highly talented workforce of

professional educators capable of preparing all students to reach

challenging standards, with special attention to the recruitment,

training, and retention of qualified minorities into the

education profession within the State to ensure that it reflects

the racial and ethnic diversity of the student population;

(3) providing incentives for high performance by students,

teachers and other educators, schools, and LEAs; (4) increasing

the proportion of State and local funds allocated to direct

instructional purposes; and (5) increasing flexibility for local

districts and schools by, for example, waiving State regulations

and other requirements that impede educational improvement;

focusing accountability on educational outcomes rather than

monitoring compliance with input requirements; and fostering

conditions that allow teachers, principals, and parents in the

school community to be creative in helping their students meet

challenging standards.

 

Section 306(f) would provide that, in the area of

parental and community support and involvement, each State plan

must describe strategies for how the State will develop support

for, and help implement its plan such as: (1) educating the

public about the need for higher standards and systemic

improvement; (2) involving parents and communities in the State's

standard-setting and improvement process; (3) reporting, on an

ongoing basis, to parents, educators, and the public on the

State's progress in implementing the plan and improving student

performance; (4) focusing public and private community resources

and public school resources on prevention and early intervention

to address the needs of all students by identifying and removing

unnecessary regulations and obstacles to coordination; improving

communication and information exchange; and providing appropriate

training to agency personnel; and (5) increasing the access of

all students to social services, health care, nutrition, and

child care services, and locating such services in schools,

cooperating service agencies, community-based centers, or other

convenient sites designed to provide "one-stop shopping" for

parents and students.

 

Section 306(g) would provide that, in order to help

provide all students throughout the State the opportunity to meet

challenging State standards, each State plan must describe

strategies such as: (1) ensuring that the improvement efforts

expand from the initial LEAs, schools, and educators involved to

all LEAs, schools, and educators in the State education system

through such approaches as teacher and administrator professional

development; technical assistance; whole school projects;

intensive summer training; and networking of teachers and other

educators, consortia of schools, and LEAs undertaking similar

improvements; (2) developing partnerships among preschools,

elementary and secondary schools, institutions of higher

education, health and social service providers, and employers to

improve teaching and learning at all levels of the education

system and to foster collaboration and continuous improvement;

(3) strategies to provide for the close coordination of standards

development and improvement efforts among institutions of higher

education and secondary, middle, and elementary schools;

(4) conducting outreach programs aimed at parents whose language

is a language other than English, and other special populations,

including Native Americans, to involve all segments of the

community in the development of the State plan; (5) developing

partnerships with tribes and BIA-funded schools, where

appropriate, to improve consistency and compatibility in

curriculum among public and BIA-funded schools at all grade

levels; (6) allocating all available local, State, and Federal

resources to achieve system-wide improvement; (7) providing for

the development of objective criteria and measures against which

the success of local plans will be evaluated; (8) providing for

the availability of curricular materials, learning technologies,

and professional development in a manner ensuring equal access by

all LEAs in the State; (9) taking steps to ensure that all LEAs,

schools, and educators in the State benefit from successful

programs and practices supported by funds made available to LEAs

and schools under this title; and (10) providing remedial

assistance to students, teachers, schools, and LEAs that are

identified through the assessment system developed under

subsection (c)(4) as needing such assistance.

 

Section 306(h) would require that each State plan

include strategies for ensuring that comprehensive, systemic

reform is promoted from the bottom up in communities, local

educational agencies and schools, as well as guided by

coordination and facilitation from State leaders, including

strategies such as: (1) ensuring that the State plan is

responsive to the needs and experiences of LEAs, schools,

teachers, and community leaders; (2) establishing mechanisms for

continuous input from local schools, communities, colleges, and

school districts into, and feedback on, the implementation of the

State plan; (3) providing discretionary resources that enable

teachers and schools to purchase needed professional development

and other forms of assistance consistent with their improvement

plan from high-quality providers of their choice;

(4) establishing collaborative networks of teachers centered on

content standards and assessments for the purpose of improving

teaching and learning; (5) providing flexibility to individual

schools and LEAs to enable them to adapt and integrate State

content standards into courses of study appropriate for

individual schools and communities; (6) facilitating the

provision of waivers from State rules and regulations that local

educational agencies or schools believe would promote innovation

and enhance school performance; and (7) facilitating

communication among educators within and between districts for

the purpose of sharing innovative and effective practices,

including through the use of telecommunications, site visits, and

other means.

 

Section 306(i) would provide that each State plan must

include specific benchmarks of improved student performance and

of progress in implementing the improvement plan, and timelines

against which the progress of the State in carrying out its plan,

including the elements described in subsections (c) through (h),

can be measured.

 

Under section 306(j), the Secretary would review each

State improvement plan prepared under section 306, and each

application submitted under section 305, with the assistance and

advice of State and local education policymakers, educators,

classroom teachers, experts on educational innovation and

improvement, and other appropriate individuals. The review

process would be representative of the geographic, racial, and

cultural diversity of the United States and would include at

least one site visit to each State.

 

Section 306(j) would also direct the Secretary to

approve a State's plan when he determines, after considering the

peer reviewers' comments, that it reflects a widespread

commitment within the State and holds reasonable promise of

helping all students. The Secretary could not disapprove a

State's plan, or a State application submitted under section 305,

before offering the State an opportunity to revise its plan or

application and a hearing.

 

Section 306(k) would require each State to periodically

review its plan and revise it, as appropriate, following the same

process, described in section 306(b), it used to develop the

plan. Similarly, the Secretary would review major amendments to

a State's improvement plan through the same process, described in

section 306(j), used to review the original plan.

 

Section 306(l)(1) would provide that if a State has

developed a comprehensive and systemic improvement plan to help

all students meet challenging standards, or any component of such

a plan, that otherwise meets the requirements of section 306, the

Secretary could approve the plan or that component even if it was

not developed through the procedures described in section 306(b),

if the Secretary determines that such approval would further the

purposes of the State systemic education improvement. Similarly,

section 306(b)(2) would provide that if before the enactment of

the bill, a State has made substantial progress in developing a

plan that otherwise meets, or is likely to meet, the requirements

of section 306, but was developed by a panel that does not meet

the requirements of subsection (b)(1) - (3), the Secretary may,

at the request of the Governor and the SEA, treat that panel as

meeting those requirements for all purposes of Title III if the

Secretary determines that there has been substantial public

involvement in the development of the plan.

 

Section 307. Section 307 of the bill would describe the

standards by which the Secretary reviews a State's applications

under Title III. Section 307(a) would require the Secretary to

approve the State's initial year application under section 305(b)

if the Secretary determines that: (1) it meets the requirements

of Title III; and (2) there is a substantial likelihood that the

State will be able to develop and implement an education

improvement plan that complies with section 306.

 

Under section 307(b), the Secretary would approve the

State's renewal application for years two through five only if

the Secretary has approved the State's improvement plan, or the

Secretary determines that the State has made substantial progress

in developing its plan, and the application meets the other

requirements of Title III.

 

Section 307(c) would direct the Secretary to make a

grant to the SEA for any fiscal year for which the State has an

approved application. The amount of each State's grant is

determined under section 304(b).

 

Section 308. Section 308 of the bill would describe how a

State would use funds granted under Title III. Section 308(a)

would provide that, in the first year for which a State receives

a grant, the State would have to use at least 50 percent of the

grant to make subgrants to LEAs for the development or

implementation of local improvement plans and to make subgrants

for teacher training, if the amount allocated to States under

section 304(b) for that fiscal year is $100 million or more. If

that amount is less than $100 million, the State would be

permitted, but not required to make subgrants. The State would

use the remainder of its grant to develop, revise, expand, or

implement its education improvement plan.

 

Section 308(b) would require a State to use at least

85 percent of its grant in the second and succeeding years to

make subgrants to LEAs for the local implementation of the State

improvement plan and of local improvement plans that are

consistent with the State improvement plan, and to make subgrants

for teacher training. The State would use any remaining grant

funds for State activities designed to implement its improvement

plan. Such activities could include: (1) supporting the

development or adoption of State content and student performance

standards, State opportunity-to-learn standards, and assessment

tools linked to the standards; (2) supporting the implementation

of high-performance management and organizational strategies to

promote effective implementation of the State plan;

(3) supporting the development and implementation, at the LEA

and school building level, of improved human resource development

systems for recruiting, selecting, mentoring, supporting,

evaluating, and rewarding educators; (4) providing special

attention to the needs of minority and female students;

(5) supporting the development, at the State or local level, of

performance-based accountability and incentive systems for

schools; (6) outreach to parents, tribal officials, classroom

teachers and other educators, and the public related to education

improvement; (7) providing an array of technical assistance and

other services to increase the capacity of LEAs and schools to

develop and implement local systemic improvement plans, implement

new assessments, and develop curricula consistent with the

State's content and student performance standards; (8) promoting

public magnet schools, public "charter schools", and other

mechanisms for increasing choice among public schools; and

(9) collecting and analyzing data.

 

Section 308(c) would limit each State's use of its

grant funds for administrative expenses to four percent of its

annual allotment, or $100,000, whichever is greater. The

activities of the panel established under section 306(b)(1) to

develop the State's plan would not be subject to this limit.

Section 309. Section 309 of the bill would describe how

subgrants would be made to LEAs and for teacher training, and how

LEAs and other recipients would use those subgrants.

Subsection (a)(1) would require each State to make subgrants to

LEAs through a competitive process. Each subgrant would have to

be for a project of sufficient duration and of sufficient size,

scope, and quality to carry out the program purpose effectively.

 

Section 309(a)(2) would require each LEA wishing to

receive a subgrant to submit an application to the SEA that:

(1) is developed by a broad-based panel, appointed by the LEA,

that is representative of the racial, language, ethnic, and

socioeconomic diversity of the students and community and

includes teachers, parents, school administrators, business

representatives, and others, as appropriate, and is approved by

the LEA, with any modifications the LEA deems appropriate;

(2) includes, not later than the beginning of the second year

for which assistance is sought, a comprehensive local plan for

district-wide education improvement, directed at enabling all

students to meet the State's challenging content and student

performance standards, including specific goals and benchmarks,

that is consistent with the State's improvement plan (either

approved or under development), and that addresses each of the

main topics required of State plans by section 306; (3) describes

how the LEA will encourage and assist schools to develop

comprehensive school improvement plans; (4) describes how the LEA

will implement specific programs aimed at ensuring improvements

in school readiness and the ability of students to learn

effectively at all grade levels by identifying the most pressing

needs facing students and their families with regard to social

services, health care, nutrition, and child care, and entering

into partnerships with public and private agencies to increase

the access of students and families to coordinated services in a

school setting or at a nearby site; (5) describes how the

subgrant funds would be used by the local educational agency, and

the procedures to be used to make funds available to schools in

accordance with paragraph (4)(A); (6) identifies, with an

explanation, any State or Federal requirements that the local

educational agency believes impede educational improvement and

that it requests be waived in accordance with section 310, which

requests shall promptly be transmitted to the Secretary by the

SEA; and (7) contains such other information as the SEA may

reasonably require. If the LEA's application is approved, the

local panel would be required to monitor the implementation and

effectiveness of the local improvement plan, in close

consultation with teachers, principals, administrators, and

parents from affected schools, to determine if revisions to the

local plan should be recommended to the LEA. The panel would be

required to make its findings public.

 

Section 309(a)(4) would permit an LEA to use up to

25 percent of its first year subgrant funds to develop a local

improvement plan or for any activities approved by the SEA that

are reasonably related to carrying out the State or local

improvement plans. The LEA would have to use at least 75 percent

of the first year subgrant to support individual school

improvement initiatives directly related to providing all

students in the school the opportunity to meet challenging State

content and student performance standards. Subgrant funds in

succeeding years could be used for any activities approved by the

SEA that are reasonably related to carrying out the State or

local improvement plans, except that at least 85 percent of these

funds in each year would have to be made available to individual

schools to develop and implement school improvement plans

designed to help all students meet challenging standards.

Finally, at least half the funds made available by an LEA to

individual schools in any year would have to be made available to

schools with a special need for such assistance, as indicated by

a high number or percentage of students from low-income families,

low student achievement, or other similar criteria developed by

the LEA.

 

Section 309(b)(1) of the bill would require each State

to make subgrants, on a competitive, peer-reviewed basis, to

consortia of LEAs, institutions of higher education, private

nonprofit organizations, or combinations of these entities, to

improve preservice teacher education programs, consistent with

the State plan; and to support continuing, sustained professional

development activities for educators consistent with the State

improvement plan. A consortium seeking a subgrant for preservice

activities must include at least one LEA and one institution of

higher education, and a consortium seeking a subgrant for

continuing professional development activities must include at

least one LEA.

 

Section 309(b)(2) would require each consortium that

wishes to receive one of these subgrants to submit an application

that describes how it will use the subgrant to improve teacher

preservice and school administrator education programs or to

implement educator professional development activities consistent

with the State plan; identifies the criteria to be used by the

applicant to judge improvements in preservice education or the

effects of professional development activities consistent with

the State plan; and contains any other information that the SEA

determines is appropriate.

 

Section 309(b)(3) would direct a recipient of such a

subgrant to use those funds for activities supporting: (1) the

improvement of preservice teacher education and school

administrator programs so that such programs equip educators with

the subject matter and pedagogical expertise necessary for

preparing all students to meet challenging standards; or (2) the

development and implementation of new and improved forms of

continuing and sustained professional development opportunities

for teachers, principals, and other educators at the school or

district level that equip educators with such expertise, and with

other knowledge and skills necessary for leading and

participating in continuous education improvement.

 

Section 309(c) of the bill would require each SEA to

award at least 50 percent of LEA subgrant funds under

section 309(a) in each fiscal year to LEAs that have a greater

percentage or number of disadvantaged children than the statewide

average percentage or number for all LEAs in the State. The SEA

could waive this requirement if it did not receive a sufficient

number of applications to comply with it.

 

Section 310. Section 310 of the bill would permit the

Secretary to waive statutory and regulatory requirements of

certain programs administered by the Secretary, in conjunction

with a State improvement plan approved under Title III. In

general, section 310(a) would authorize the Secretary to waive

any such requirement at the request of the State, an LEA, or a

school if, and only to the extent that, the Secretary determines

that the requirement impedes the ability of the State, or of an

LEA or school in the State, to carry out the State or local

education improvement plan. The SEA must also have waived, or

agreed to waive, similar requirements of State law. If the SEA

requests a statewide waiver of a requirement, the SEA must

provide all LEAs in the State with notice and an opportunity to

comment on the SEA's proposal to seek that waiver, and must

submit the LEAs' comments to the Secretary. The Secretary would

be required to act promptly on a waiver request. Each waiver

would be for a period not to exceed three years. The Secretary

could extend the period of a waiver if the Secretary determines

that the waiver has been effective in enabling the State or

affected LEAs to carry out their reform plans.

 

Section 310(b) identifies the following statutes as

subject to this waiver authority: (1) Chapter 1 of Title I of

the ESEA, including the Even Start Act; (2) Part A (State Grants)

of Chapter 2 of Title I of the ESEA; (3) the Dwight D. Eisenhower

Mathematics and Science Education Act (Title II, Part A of

the ESEA); (4) the Emergency Immigrant Education Act of 1984

(Title IV, Part D of the ESEA); (5) the Drug-Free Schools and

Communities Act of 1986 (Title V of the ESEA); and (6) the Carl

D. Perkins Vocational and Applied Technology Education Act.

 

Section 310(c) would prohibit the Secretary from

waiving any statutory or regulatory requirement of the programs

listed in subsection (b) relating to: (1) maintenance of effort;

(2) comparability of services; (3) the equitable participation of

students attending private schools; (4) parental participation

and involvement; or (5) the distribution of funds to States or to

LEAs.

 

Section 310(d) would direct the Secretary periodically

to review the performance of any State, LEA, or school for which

he has granted a waiver and to terminate the waiver if he

determines that the performance of the State, LEA, or school in

the area affected by the waiver has been inadequate to justify a

continuation of the waiver.

 

Section 311. Section 311(a) of the bill would require each

SEA that receives funds under Title III to report annually to the

Secretary on the State's progress in meeting its goals and plans,

on the State's proposed activities for the succeeding year, and,

in summary form, on the progress of LEAs in meeting local goals

and plans.

 

Section 311(b) would require the Secretary to submit a

report to Congress by April 30, 1996, and every two years

thereafter. The report would describe the activities and

outcomes of grants under: (1) section 219 of the Act, including

a description of the purpose, uses, and technical merit of

assessments evaluated with funds under that section; and an

analysis of the impact of such assessments on the performance of

students, particularly those of different racial, gender, ethnic,

or language groups; and (2) Title III, including a description of

the effect of waivers granted under section 310.

 

Section 312. Section 312(a) of the bill would authorize the

Secretary to use funds reserved under section 304(a)(2)(A) to

provide technical assistance to States and to LEAs developing or

implementing school improvement plans, in a manner that ensures

that each such State has access to such assistance; to gather

data on, conduct research on, and evaluate systemic education

improvement, including Title III programs; and to disseminate

research findings and other information on systemic education

improvement.

 

Section 312(b) would require the Secretary to use at

least 50 percent of the funds so reserved to make grants,

consistent with those provisions of section 309(a) that the

Secretary finds appropriate, to urban and rural LEAs with large

numbers or concentrations of students who are economically

disadvantaged or who have limited English proficiency, to assist

those agencies develop and implement local school improvement

plans.

 

Section 313. Section 313(a) of the bill would provide that

funds reserved for the outlying areas under section 304(a)(1)(A)

shall be made available to, and expended by, those areas, under

the conditions and in the manner the Secretary determines will

best meet the purposes of the program. This section would make

Public Law 95-134, which permits the consolidation of certain

grants to the Insular Areas, inapplicable to funds received by

those areas under this program. The need for fundamental

educational improvement throughout the Nation is sufficiently

important to require that funds appropriated to promote such

improvement be spent for that purpose.

 

Section 313(b) of the bill would provide that funds

reserved by the Secretary for the Secretary of the Interior under

section 304(a)(1)(B) shall be made available to the Secretary of

the Interior pursuant to an agreement between the two Secretaries

containing such terms and assurances, consistent with Title III,

as the Secretary of Education determines will best achieve the

purpose of the program.

 

Section 313(c) would direct the Secretary of Education

to consult with the Secretary of Defense to ensure that, to the

extent practicable, the purposes of Title III are applied to the

Department of Defense schools.

 

TITLE IV -- NATIONAL SKILL STANDARDS BOARD

 

Section 401 describes the purpose of title IV as stimulating

the development and adoption of a voluntary national system of

skill standards and certification to serve as a cornerstone of

the national strategy to enhance workforce skills. This section

also identifies how various stakeholders will be able to use the

skill standards system. Section 401(1) states that the standards

can be used by the Nation to ensure the development of a high

skills, high quality, high performance workforce that will

increase productivity, economic growth and American economic

competitiveness. Section 401(2) provides that industries can use

the standards as a vehicle for informing training providers and

prospective employees of the skills necessary for employment.

Section 401(3) indicates that employers can use the standards to

assist in evaluating the skill levels of prospective employees

and to assist in the training of current employees. Section

401(4) states that labor organization can use the standards to

enhance the employment security of workers by providing portable

credentials and skills. Section 401(5) provides that workers can

use the standards to obtain certification of their skills which

will protect against dislocation, facilitate career advancement,

and enhance their ability to re-enter the workforce. Section

401(6) indicates that students and entry-level workers can use

the standards to determine the skill levels and competencies

needed to be obtained in order to compete for high wage jobs.

Section 401(7) states that the standards can be used by training

providers to determine appropriate training services to offer.

Section 401(8) provides that the government can use the standards

to protect the integrity of public expenditures by ensuring

employment-related training meets industry standards where such

standards exist. Finally, section 401(9) indicates that the

standards can be used to facilitate linkages between other

components of the national workforce investment strategy,

including school-to-work and job training programs.

 

Section 402(a) would provide for the establishment of a

National Skill Standards Board.

 

Section 402(b) would provide that the National Board is to

be composed of 28 members, which would include the Secretaries of

Labor, Education and Commerce, the Chairperson of the National

Education Standards and Improvement Council established under

title II of this Act, 8 members who are representatives of

business and industry, 8 members who are representatives of

organized labor, and 8 members who are representatives of

educational institutions, technical associations, community-based

organizations and State governments. Of the business, labor, and

educational representatives, one-half (12) are to be appointed by

the President (4 from each group), and one-half by the Congress,

with the Speaker of the House appointing 2 from each group (for a

total of 6) based on recommendations of the Majority and Minority

Leaders, and the President pro tempore of the Senate also

appointing 2 from each group (for a total of 6) upon Majority and

Minority Leader recommendations. The terms of the members in

each of these 3 classes of representatives is to be four years.

However, in order to provide continuity the initial terms are

staggered, with half the members appointed for a three-year term

and half for the full four-year term.

 

Section 402(c) would provide that the Chairperson is to be

elected biennially from among the members of the National Board

by a majority vote. The National Board is also to annually elect

three Vice Chairpersons, one from the business representatives,

one from the organized labor representatives, and one from the

educational/State/Community-based organization representatives.

 

Section 402(d) would provide that the members of the

National Board who are not regular Federal employees are to serve

without compensation, but are to receive travel expenses.

 

Section 402(e) would provide that the Chairperson of the

Board is to appoint an Executive Director, who may be compensated

at a level determined by the National Board that does not exceed

level V of the Federal Executive Schedule, and who may appoint

such staff as is necessary.

 

Section 402(f) would authorize the National Board to accept

gifts and voluntary services.

 

Section 402(g) would authorize the National Board to use the

facilities and services of Federal agencies with their consent,

and would authorize the heads of Federal agencies, upon the

request of the National Board, to detail personnel to the

National Board to assist in carrying out this title.

 

Section 403 describes the functions of the National Board.

Section 403(a) would require the National Board to identify broad

clusters of major occupations involving one or more than one

industry in the U.S.

 

Section 403(b) would provide that with respect to each

occupational cluster identified by the National Board, the

National Board is to encourage, promote and assist in the

development and adoption of a national voluntary skill standards

system. This system would include five components. First, the

National Board is to promote the development and adoption of

skill standards that, at a minimum: take into account standards

used in other countries; take into account content and

performance standards certified pursuant to title II; take into

account the requirements of high performance work organizations;

are in a form that allows regular updating; are formulated in a

manner that will promote transferability of credit for students,

trainees and employers among firms and labor markets; and are not

discriminatory with respect to race, gender, age, ethnicity,

disability or national origin. Second, the National Board is to

promote the development and adoption of a system of assessment

and certification of the attainment of skill standards, which at

a minimum are to: take into account methods used in other

countries; utilize a variety of evaluation techniques, including

oral and written evaluations, portfolio assessments, and

appropriate performance tests; include methods for validating the

fairness and effectiveness of the assessment and certification

system; and utilize certification techniques designed to avoid

diparate impacts against individuals based on race, gender, age,

ethinicity, disability or national origin. Third, the National

Board is to promote the development of a system to evaluate the

implementation of the skill standards, and assessment and

certification systems. Fourth, the National Board is to

encourage the development and adoption of a system that will

promote the use of and disseminate information relating to skill

standards, and assessment and certification systems. Finally,

the National Board is to promote the development and adoption of

a system to periodically revise and update the skill standards,

and assessment and certification systems that will take into

account changes in standards in other countries.

 

Section 403(c) would provide that, in carrying out these

functions, the National Board is to invite and obtain the full

and balanced participation of: representatives of business and

industry, including trade associations that received

demonstration grants to develop skill standards prior to the

enactment of this title; employee representatives consisting of

individuals recommended by national labor organizations and such

other individuals who are nonmanagerial employees and whose

participation is appropriate given the nature and structure of

employment in an occupation or industry; and representatives of

educational institutions, technical associations, community-based

organizations and State governments. The representatives

described above are to have expertise in the area of workforce

skill requirements. The National Board may also invite the

participation of other individuals the National Board deems to be

independent, qualified experts in their fields.

 

Section 403(d) would provide that the National Board is to

endorse those skill standards, assessment and certification

systems and other systems described in section 403(b) if such

standards and systems meet the requirements of section 403 and

are appropriate for an occupation or industry.

 

Section 403(e) would impose a limitation that the National

Board is not to promote the development of skill standards,

solicit the participation of representatives, or approve

standards relating to any occupation or trade within the

construction industry for which recognized apprenticeship

standards have been jointly developed by labor and management

representatives and are being used to train workers unless labor

and management representatives of that occupation or trade and

representatives of the certified apprenticeship programs within

that occupation or trade jointly request the assistance of the

National Board.

 

Section 403(f) would require the National Board to establish

cooperative arrangements with the National Education Standards

and Improvement Council to promote the coordination of the

development of skill standards with the development of content

and performance standards developed under title II of this Act.

 

Section 403(g) would provide that in order to support the

development of skill standards the National Board is to carry out

additional duties. These duties include: conducting workforce

research and making such research available to the public;

identifying and maintaining a catalog of skill standards used by

other countries and by States and leading firms within the U.S.;

serving as a clearinghouse to facilitate the sharing of

information on the development of skill standards; developing a

common nomenclature relating to skill standards; encouraging the

development and adoption of curricula and training materials for

attaining skill standards; providing appropriate technical

assistance; and developing long-term strategic plans relating to

the development and utilization of skill standards.

 

Section 403(h) would authorize the Secretary of Labor, from

funds appropriated under section 406, to award grants or enter

into contracts and other arrangements requested by the National

Board to carry out the purposes of title IV.

 

Section 404 would require that no later than December 31,

1995, the National Board identify occupational clusters that

represent a substantial portion of the workforce and ensure the

development of an initial set of skill standards for those

clusters, to be updated as appropriate.

 

Section 405 would require that the National Board submit to

the President and the Congress each fiscal year a report on the

activities conducted under this title. Each report is to include

a description of the extent to which skill standards have been

adopted by employers, training providers and other entities and

an assessment of the effectiveness of the skill standards in

accomplishing the purposes of this title.

 

Section 406 would authorize an appropriation of $15 million

in FY 1994 and such amounts as may be necessary for FY 1995-99 to

carry out this title. This section would also provide that the

amounts appropriated under this title are to remain available

until expended.

 

TITLE V--MISCELLANEOUS

 

Section 501. Section 501 of the bill would define the terms

"content standards", "Governor", "outlying areas", "performance

standards", "school", "Secretary", and "State" for purposes of

the Act, and would incorporate the definitions of "local

educational agency" and "State educational agency" from Chapter 1

of Title I of the ESEA.

 

Section 502. Section 502 of the bill would provide that no

funds provided under Titles II or III of the Act shall be used to

undertake assessments that will be used to make decisions

regarding the graduation, grade promotion, or retention of

students for five years from the date of enactment of the Act.

 

 

 

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