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PRESERVES PRESIDENT'S PLAN TO HIRE 100,000 TEACHERS OVER 6 YEARS TO
REDUCE CLASS SIZE
• Late Wednesday, Congressional leaders and the White House reached an agreement.
iIi principle to preserve the President's plan to.hire 100,000 teachers over the next 6
years to reduce class size in the early gr<l:des.·'
.
• 'The agreement provides at least ~1.3 billion inFY 2000, a 10% iI,lcrease from $1.2
billion in FY .1999.
,
,
- The Education Department estimates that communities are using the funds from last
year's agreement to hire more than 29,000 teachers and reduce the average class size
for· 1.7 million children from 23 d0wnto 18. With the funds in this new agreement,
communities will be able to retain those 29,000 teachers; hire more teachers; and
remain on track to hiring 10q,000 teachers 'to reduce' class size in the early grades to a
nationwide average of 18 by the. year 2005.
PROVIDES'FORMORE TEACHERS AND BETTER TEACHERS
-The agreement ensures that all teachers hired under the class sizeprograrri must be
fully qualified. Teachers must be certified in their state or have completed an
alternative route to certification, must have a baccalaureate degree, and must know
the subjects they're teaching and demonstrate the skills to teach them.
- School districts can spend up to 25% of the funds on training existing teachers, testing
new teach~rs, and providing high-qmility professional development to ensure that all
teache~s have the knowledge and skills'to teach effectively.
• Schoof districts with an exceptionally high percentage (more than 10%) of uncertified
elementary school teachers have the flexibility to use additional funds to help those
teachers meet certification standards in: time for the 2001-02 school year.
PROVIDES LOCAL FLEXIBILITY FOR TEACHER TRAINING, NOT BLOCK
GRANTS AND VOUCHERS
I
-
•
•
•
Republicaris abandoned their p~an to tum the p'resident's class size reduction program
�.. ..
into a block grant. The agreement guarantees that funds must be used primarily to recruit,
hire, and train teachers to reduce class size in the early grades.
• The bill the President vetoed did not guarantee a single dollar for class size reduction,
and would even have allowed school districts to use the money for vouchers. Under
the agreement, taxpayer dollars will go for smaller classes in public schools, not
vouchers to private schools.
• Because the purpose of the program is smaller classes with qualified teachers, the
, agreement gives school districts the option to spend up to 25% of the funds on teacher
training and testing of new teachers. This is an increase from 15% last year.
PRESERVES
OTH~R
KEY ELEMENTS OF PRESIDENT'S PLAN
• The agreement preserves existing provisions to target funds to high-poverty
communities, with 80% of funds allocated on the basis of poverty and 20% on the
basis of population. This will ensure that children who stand to gain the most from
smaller classes and better teachers will get them.
• The agreement continues to provide communities with flexibility to tailor class size
reduction efforts to meet local needs and priorities.
.
• The agreement strengthens provisions to hold schools and districts accountable for
results by reporting to parents on progress in reducing class size with fully qualified
teachers.
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PUBLIC LAW 105-277-0CT. 21,1998
112 STAT. 2681
*Public Law 105-277
105th Congress
An Act
Making omnibus consolidated a~d emergency appropriations for the fiscal year
ending September 30, 1999, and for other purposes.
Oct. 21, 1998
/H.R. 4328]
Be it enacted by the Senate and House of Representatives of
the United States ofAmerica in Congress assembled,
DIVISION A-OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the several depart
ments, agencies, corporations and other organizational units of the
Government for the fiscal year 1999, and for other purposes, namely:
SEC. 101."
. . ...
Omnibus
Consolidated and
Emergency
Supplemental
Appropriations
Act, 1999.
.
culture, Rural
velopment, Food and Drug Administration, and
Related Agencies ppropriations Act, 1999, provided as follows,
to be effective as i it had been enacted into law as the regular
appropriations Act:
Agri~ultuTe,
AN ACT Making apPTOPriatiO$:for
Rural Development, Food and Drug
Administration, and Related P!. ndes programs for the fiscal year ending Septem
ber 30, 1999, and for other pu
es.
"
PROGRAMS
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 1999.
PRODUCTION, PROCESSIN
(INCLUDING TRANSFERS OF
For necessary expenses of the Office of t
Secretary of Agri
culture). and not to exceed $75,000 for employm t \!nder 5 U.S.C.
3109, :))2,836,000: Provided, That not to exceed 11,000 of this
amount, along with any unobligated balances 0 epresentation
funds in the Foreign Agricultural Service, shall be "vailable for
official reception and representation expenses, not ot rwise pro
vided for, as determined by the Secretary: Provided fur er, That
none of the funds appropriated or otherwise made aVaI hIe by
this Act may be used to pay the salaries and expenses of pe nnel
of the Department of Agriculture to carry out section 793(c) (C)
of Public Law 104-127: Provided further, That none of the fu s
made available by this Act may be used to enforce section 793( )
of Public Law 104-127.
'Note: This is a typeset print of the original hand enrollment as signed by the President on
October 21, 1998. The text IS printed without corrections.
�112 STAT. 2681-337
PUBLIC LAW 105-277-0CT. 21, 1998
(2) otherwise achieve the purpose of providing relief to
ns who are injured as a result of an official action of
a triba
nment.
SEC. 705. AUTHORlZAT~vJ,""'..l'
There are authorized to e
opriated to the' Department
of the Interior such sums as may be
ary to carry out this
title.
This Act may be cited as the "Department 0 he..Jnterior
and Related-Age~A:ppropria~6ns·Aeb, 1999".
--'"'>. •
. (f) For programs, projects or activities in the Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1999, provided as follows, to be effec
tive as if it had been enacted into law as the regular appropriations
Act:
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 1999.
Department of
Labor
Appropriations
Act, 1999.
AN ACT Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and Related Agencies for the fiscal year ending Septem.
ber 3D, 1999, and for other purposes.
~
•
"\
"
--'ff'fl;E
I MPAfffMEN"f etFLABOft
EMPLOYMEN~ AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
(INCLUDING RESCISSION)
'\
For nec~$ary expenses of the Job Training Partnership Act,
as I;\mended, ih~luding. the purchl;\se and hire ?f passe!lg~r motor
vehIcles, the constructIOn, alteratIOn, and repaIr of bUIldmgs and
other facilities, ari~ the purchase of real property for training cen
ters as authorized b}\~he Job Training Partnership Act; the Stewart
B. McKinney Homeless Assistance Act; the Women in Apprentice
ship and Nontraditional\Occupations Act; the National Skill Stand
ards Act of 1994; sectio~,\166{j) of the Workforce Investment Act
of 1998; and the School-to-Work Opportunities Act; $5,272,324,000
plus reimbursements, of which $3,740,287,000 is available for
obligation for the period Ju~\..I, 1999 through June 30, 2000;
of which $1,250,965,000 is avail~ble for obligation for the period .
April 1, 1999 through June 30, 2QOO, including $250,000,000 for
activities authorized by section 127('b)(1) of the Workforce Invest
ment Act; of which $152,072,000 is \'yailable for the period July
1, 1999 through June 30, 2002, includiIi $1,500,000 under author
ity of part B of title III of the Job Tral ing Partnership, Act for
use by The Organizing Committee for Th
01 Special Olympics
World Winter Games in Alaska to promote
ployment opportuni
d $150,572,000 for
ties for individuals with mental disabilities,
necessary expenses of construction, rehabilitati , and acquisition
of Job Corps centers; and of which $125,000,000 all be available
from July 1, 1999 through September 30, 2000,
carrying out
activities of the School-to-Work Opportunities Act:
vided, That
funds made available under this heading to carry 0 t the Job
Training Partnership Act may be used for transitio to, and
implementation of, the provisions of the Workforce Invest nt Act
of 1998: Provided further, That $57,815,000 shall be for ca 'ng
out section 401 of the Job Training Partnership Act, $71,51, 00
shall be for carrying out section 402 of such Act, $7,300,000 sl1 I
be for carrying out section 441 of such Act, $9,000,000 shall I:i
)rv; $,dI, ,I,
'~/O((I)
�112 STAT. 2681-363
42 USC 300x-7
note.
PUBLIC LAW 105-277-0CT. 21, 1998
tion 105 of the Contract with America Advancement Act
of
(Public Law 104-121).".
(c) EFF
IVE DATE.
(1) IN
NERAL.-The amendments made by subsections
(a) and (b) s I become effective as if enacted on October
apply during fiscal year 1999.
'
1, 1998 and shall
(2) APPLICATION. Upon the expiration of the fiscal year
described in paragraph
the provisions of sections 1918(b)
and 1933(b) of the Public
th Service Act (42 U.S.C. 300x
7(b) and 300x-33(b», as in effe on September 30, 1998, sha11
be applied as if the amendments ade by this section had
not been enacted.
SEC. 219. Notwithstanding any other pro' 'on of law, no pro
vider of services under title X of the Public
th Service Act
shall be exempt from any State law requiring notI
tion or the
reporting of child abuse, child molestation, sexual a
e, rape,
M~re~
,
This title may be cited as the "Department of Health
.
Department of
Education
Appropriations
Act, 1999.
. .
"
TITLE III-DEPARTMENT OF EDUCATION
r carrying out activities authorized by titles III and IV of
the
als 2000: Educate America Act, the School-to-Work
Opportu 'ties Act, and sections 3122, 3132, 3136" and 3141 and
parts B, C3." and D of title III of the Elementary and Secondary
Education Act of 1965, $1,314,100,000, of which $491,000,000 for
the Goals 20~: Educate America Act and $125,000,000 for the
School-to-WorkOpportunities Act shall become available on July
1, 1999 and rem"ain available through September 30, 2000, and
of which $87,000,000 shall be for section 3122: Provided, That
none of the funds apilr~priated under this heading shall be obligated
or expended to carry ~ut section 304(a)(2)(A) of the Goals 2000:
Educate America Act, ex.cept that no more than $1,500,000 may
be, used to carry out actiVtt;.ies under section 314(a)(2) of that Act:
Provided further, That sectipn 315(a)(2) of the Goals 2000 Act
shall not apply: Provided further, That up to one-half of 1 percent
of the amount available unde~' section 3132 shall be set aside
for the outlying areas, to be distrib ted on the basis of their relative
need as detennined by the Secreta in accordance with the pur
poses of the program: Provided fur er, That if any State edu
cational a9"ency does not apply for a
ant under section 3132,
that State s allotment under section 3 1 shall be reserved by
the Secretary for grants to local education agencies in that State
that apply directly to the Secretary accor . g to the terms and
conditions published by the Secretary in the deral Register: Pro
vided further, That $22,000,000 of the funds m ,e available under
section 3136 shall be for a competition consistent 'th the subjects
outlined in the House and Senate reports and tH statement of
the managers, and that such competition should be dministered
in a manner consistent with the authorizing legislation d current
departmental practices and policies: Provided furt , That
$9,850,000 of the funds made available for star schools
all be
for a competition consistent with the language outlined
the
House and Senate reports and the statement of the mana rs,
and that such competition should be administered in a man r
Jr';(51u, A
§/()((.f)
'T.,J1I~
�PUBLIC LAW 105-277-0CT. 21, 1998
112 STAT. 2681-368
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
titles II, IV, V-A and B, VI, IX, X, XlI and XlII of the Elementary
and Secondary Education Act of 1965; the Stewart B. McKinney
Homeless Assistance Act; and the Civil Rights Act of 1964 and
part B of VIII of the Higher Education Act; $2,811,134,000, of
which $2,381,300,000 shall become available on July 1, 1999, and
remain available through September 30, 2000: Provided, That of
the amount appropriated, $335,000,000 shall be for Eisenhower
professional development State grants under title II-B of the
Elementary and Secondary Education Act of 1965, and
$1,575,000,000 shall be for title VI, of which $1,200,000,000 shall
be available, notwithstanding any other provision of law, to carry
out title VI of the Elementary and Secondary Education Act of
1965 in accordance with section 307 of this Act, in order to reduce
class size, particularly in the early grades, using highly qualified
teachers to improve educational achievement for regular and special
needs children.
~
I,
REtdJINO EDtOElLLElUOB
necessa~
,For
expenses to carry out the Reading Excellence
Act, $~60,000,000, which shall become available on July 1, 1999,
and sh'aIJ remain available through September 30,2000.
"
\,
'\"
INDIAN EDUCATION
"
For expe~'aes necessary to carry out, to the extent not otherwise
part A of the Elementary and Secondary Edu
provided, title
cation Act of 1965';\~s amended, $66,000,000.
rx,
""
BILINGO'
AND IMMIGRANT EDUCATION
For carrying out, to t extent not otherwise provided, bilingual,
foreign language and
. ant education activities authorized
by parts A and C and se
,7203 of title VII of the Elementary
and Secondary Education Ac pf 1965, without regard to section
7103(b), $380,000,000: Provided;o,,,,That State educational agencies
may use all, or any part of, their"Rart C allocation for competitive
grants to local educational agencies. \
\.
'\
SPECIAL EDUCA
For carrying out the Individuals wit Disabilities Education
Act, $5,124,146,000, of which $4,879,885,000 all become available
for obligation on July 1, 1999, and shall rema available through
September 30, 2000: Provided, That $1,500,000 hall be awarded
to The Organizing Committee for The 1999 Specia lympics World
Summer Games and $1,500,000, to remain available til expended,
shall be for preparation and planning and shall be warded to
The Organizing Committee of The 2001 Special Olym 'cs World
Winter Games: Provided further, That $600,000 shall Jj for the
Early Childhood Development Project of the National Eas
Seal
be
Society for the Mississippi Delta Region, which funds sh
used to provide training, technical support, services, and equip nt
to address personnel and other needs.
lJr"'-SllJlf A
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\,1. .7f(
�112 STAT. 2681-373
PUBLIC LAW 105-277-0CT. 21, 1998
ducation and Assessment Partnerships; $1,150,000 shall be award
to provide technology assistance and for operation of a math!
SCI
ce learning center in Perry County, Kentucky; $100,000 shall
be r Presidio School District, Texas for library equipment and
mate 'als; $1,200,000 shall be for the Southeastern Pennsylvania
Conso ium for Higher Education; $1,000,000 shall be for the
Dowlin College Global Learning Center at the former LaSalle
Academy 'n New York for a master teacher training and education
center; $1 000,000 for continuing a demonstration of public school
facilities re ir and construction to the Iowa Department of Edu
cation; and $ 000,000 shall be awarded to the Hechkscher Museum
of Art, Long I nd, New York for incorporating arts into education
curriculum: Pro oded further, That of the amount provided for part
I of title X of t e Elementary and Secondary Education Act of
1965, $500,000 sh I be for after school programs for the Chippewa
Falls Area United chool System, Wisconsin; $400,000 shall be
for after-school progr s for the Wausau School System, Wisconsin;
$350,000 shall be for e New Rochelle School System, New York,
after-school programs; 100,000 shall be for the New York Hall
of Science, Queens, New York, after-school program; $25,000 shall
be for Louisville Central
mmunity Centers Youth Education Pro
gram to support after-sch 1 programming; $25,000 shall be for
Canaan's Community Deve} ment Corporation in Louisville,. Ken
tucky for the Village Lea ing Center after-school program;
$300,000 shall be for the Bay ore Community Learning Wellness
and Fitness Center for Drug
e Lifestyles in Bay Shore, New
York; $2,500,000 shall be for an a r school anti-drug pilot program
in the Chicago Public Schools; and 400,000 shall be for the Green
Bay, Wisconsin Public School System er school program: Provided
further, That $10,000,000 of the fun. s provided for the national
education research institutes shall b allocated notwithstanding
section 931(c)(2)(B) of Public Law 103-2 ,
e
DEPARTMENTAL MANAG
PROGRAM ADMINISTRATIO
For carrying
se provided, the
Department of Education Organization Act, incl ing rental of con
ference rooms in the District of Columbia and hire f two passenger
motor vehicles, $362,000,000,
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Right as author
ized by section 203 of the Department of Education Or
Act, $66,000,000.
OFFICE OF INSPECTOR GENERAL
as
For expenses necessary for the Office of Inspector Gen aI,
by section 212 of the Department of Educat n
au~hor;ized
GENERAL PROVISIONS
~ ~ 381, N;!2.n~~i~f. in this liet MS:Y he \t8es
for the transporta lOriO
chers (or for the purchase
of equipment for such tra~sportation) in or
ial
)(V'-Sillf
A
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�112 STAT. 2681-375
PUBLIC LAW 105-277-0CT. 21, 1998
B rd established under section 412 of the National Education
Sta 'stics Act of 1994 (20 U.S.C. 9011).
) STUDIES.
(1) PURPOSE, DEFINITION, AND ACHIEVEMENT LEVELS.-The
N a .onal Assessment Governing Board shall determine and
clea
articulate in a report the purpose and intended use
of an roposed' federally sponsored national test. Such report
shall a include
) a definition of the meaning of the term "voluntary"
in re rds to the administration of any national test; and
(B) description of the achievement levels and report
ing metn ds to be used in grading any national test.
The report sh be submitted to the White House, the Commit
tees on Educati and the Workforce of the House of Represent
atives, the Com 'ttee on Labor and Human Resources of the
Senate, and the
mmittees on Appropriations of the House
of Representatives
d the Senate not later than September
30,1999.
(2) RESPONSE T REPORT.-The National Assessment
Governing Board shall :velop and submit to the entities identi
fied in paragraph (1) a port, not later than September 30,
1999, that addresses and esponds to the findings reported
Sciences in the report entitled
by the National Academy
"Grading the Nation's Repo Card: Evaluating NAEP and
Transforming the Assessment of Educational Progress" that
assert that the achievement lev s of the National Assessment
of Educational Progress (NAEP) a fundamentally flawed.
(3) TECHNICAL FEASIBILITY.- he National Academy of
Sciences shall conduct a study regar 'ng the technical feasibil
ity, validity, and reliability of inclu . g test items from the
National Assessment of Educational
gress (NAEP) for 4th
grade reading and 8th grade mathemab or from other tests
in State and district assessments for the urpose of providing
a common measure of individual studen performance. The
National Academy of Sciences shall subml to the entities
identified under paragraph (1), an interim pr ess report not
later than June 30, 1999 and a final report ot later than
September 30,1999.
SEC. 306. Notwithstanding any other provision
institution of higher education which receives funds nder title
III of the Higher Education Act, except for grants m e under
section 326, may use up to 20 percent of its award un r· part
A or part B of the Act for endowment building purposes aut rized
under section 331. Any institution seeking to use part A 0
art
B funds for endowment building purposes shall indicate
ch
intention in its application to the Secretary and shall abide y
departmental regulations governing the endowment challenge gra
5t~(~11l/taJ){tiL adtJ CfdlfJlfli
SEC. 307. (a) From the amount appropriated for title VI of
the Elementary and Secondary Education Act of 1965 in accordance
with this section, the Secretary of Education
(1) shall make available a total of $6,000,000 to the Sec
retary of the Interior (on behalf of the Bureau oflndian Affairs)
and the outlying areas for activities under this section; and
(2) shall allocate the remainder by providing each State
"the greater of the amount the State would receive if a total
of $1,124,620,000 were allocated under section 1122 of th~
~
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7.!ILt "i), 7(IJ \
�PUBLIC LAW 105-277-0CT. 21, 1998
112 STAT. 2681-376
Elementary and Secondary Education Act of 1965 or under
section 2202(b) of the Act for fiscal year 1998, except that
such allocations shall, be ratably increased or decreased as
may be necessary.
,
(b)(l) Each State that receives funds under this section shall
distribute 'lOa percent' of such funds to local educational agencies,
of which
(A) 80' percent of such amount shall be allocated to such
local educational agencies in proportion to the number of chil
dren, aged 5 to 17, who reside in the school district served
,by, such local educational. agency from families with incomes
below the poverty line (asI;defined by the Office of Management
and Budget and revised 'annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2») applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data is available
compared to the number of such individu~ls who reside in
the school districts served by all the local educational agencies
in the State for that fiscal year; and
'
(B)' 20 :percent of such amount shall be allocated to such
local educational agencies in accordance with the'relative enroll
ments of children, aged 5 to 17, in public and private nonprofit
elementary and secondary schools within the boundaries of
such agencies;
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting
salary for a new teacher in that agency, the State shall not make
the award unless the local educational agency agrees to form a,
consortium with not less than 1 other local educational agency
for the purpose of reducing class size.
(c)(1) Each local educational agency that receives funds under
this section shall use such funds to carry out effective approaches
to reducing class size with highly qualified teachers to improve
educational achievement for both regular and special-needs chil
dren, with particular consideration given to' reducing class size
in the early elementary grades for which some research has shown
class size reduction is most effective.
(2)(A) Each such local educational agency may pursue the goal
, of reducing class size through
(i) recruiting, hiring, and training certified regular and
special education teachers and teachers of special-needs chil
dren, including teachers certified through State and local alter
native routes;
(ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; arid
(iii) providing professional development to teachers, includ
ing special education teachers and teachers of special-needs
~hildren, consistent with title II of the Higher Education Act
of 1965.
.... ) A local educational agency may use not more than a total
of I ercent of the award received under this section for activities
de
jed in clauses (ii) and (iii) of subparagraph (A).
(C) A local educational agency that has already reduced class
size in the early grades to 18 or less children may use funds
received under this section-
IJ 111/11J' 7tl!fe.
JhA.,tJM1le'IJS
.
�112' STAT. 2681-377
PUBLIC LAW 105-277-0CT. 21, 1998
(i)
3',
.(ii)
to make further class-size reductions in grades 1 through
to reduce class size in
kinde~garten
or other grades;
or
(iii) to carry out activities to improve teacher quality,
including professional development.
(3) Each such agency shall use funds under this section only
to supplement, and not to supplant, State and local funds that,
in the absence of such funds, would otherwise be spent for activities
under this section.
(4) No funds made available under'this section may be used
to increase the salaIies or provide benefits, other than participation
in professional development and enrichment programs, to teachers
who are, or have been, employed by the local educational agency.
(d)(1) Each State receiving funds under this section shall report
on activities in the State under this section, consistent with section
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each school benefiting from 'this section,or the local edu
cational agency serving that school, shall produce an annual report
to parents, the general public, and the State educational agency,
in easily understandable language, on student achievement that
is a result of hiring additional highly qualified teachers and reduc
ing class size.
(e) If a local educational agency uses funds made available
under this section for professional development activities, the
agency shall ensure for the equitable participation of private non
profit elementary and secondary schools in such activities. Section
6402 of the Elementary and Secondary Education Act of 1965
shall f\,Q~. applY,.tq O~h~r,J:J.ctiY,iti~s ipnder this section:
(f)'·~MINISTRATIVE:CExpENSES.-A local educatIonal agency that
receives! funds under'this section may use not more than 3 percent
of such funds for local administrative costs.
(g) REQuEST FOR' FuNDs) Each local educational agency that
desires to receive funds under this section shall include in the
application required under section 6303 of the Elementary and
Secondary Education Act of 1965 a description of the agency's
program to reduce class size by hiring additional highly qualified
teachers.
This title maybe cited as the "Department of Education Appro
priations Act, 1999",
ARMED FORCES RETIREMENT HOME'
For expenses cessary for the Armed Forces Retire~ent Home
to operate and main . the United States Soldiers' and Airmen's
Home and the United
Naval Home, to be paid from funds
available in the Armed Fo
Retirement Home Trust Fund,
shall remain available. until
$70,745,000, of which $15,717,
expended for construction and reno . n of the physical plants
at the United States Soldiers' and Airme
ome and the United
States Naval Home: Provided, That,. notwit
nding any other
provision of law, a single contract or related c
acts for the
development and construction at the United States
'ers' and
Airmen's Home, to include construction of a long-term car
ility
at the United States Naval Home and conversion of space in
])rv,"frb, If, ~/OI(/')
'1. zrr, § 301{e1.''icy,j.
~'"
(f.j
�112 STAT. 2681-439
PUBLIC LAW 105'-277-0CT. 21, 1998
This Act may be cited as the "Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appro
priations Act, 1999".
ansportation and R~lated Agencies Appropriations Act, 1999, pro
vi ed as follows, to be effective as if it had been enacted into
.
law s the regular appropriations Act:
Departmen t of
Transportation
and Related
Agencies
Appropriations
AN A
Making approrriations for the Department of Transportation and related
agen '\or the fisca year ending September 30, 1999, and for other purposes
\\
TITLE I
Act, 1999.
. \~EPARTMENT OF TRANSPORTATION
. \ OFFICE OF THE SECRETARY
'\
IM~DIATE OFFICE OF THE SECRETARY
For necessary
retary, $1,624,000.
\~penses
of the Immediate Office of the Sec
\.
IMMEDIATE dl.,{ICE OF THE DEPUTY SECRETARY
For necessary expens~ of the Immediate Office of the Deputy
'\
Secretary, $585,000.
OFFICE OF
T~ GENERAL COUNSEL
~e
For necessary expenses of
$8,750,000.
.
.
\
OFFICE OF THE AsSISTANT
Office of the General Counsel,
.
~RETARY FOR POLICY
For necessary expenses of the Offie~ of the Assistant Secretary
for Policy, $2,808,000.
\.
OFFICE OF THE AsSISTANT SECRETAR\ OR AVIATION AND
INTERNATIONAL MFA!
For necessary expenses of the Office of th Assistant Secretary
for Aviation and International Affairs, $7,650, 0: Provided, That
notwithstanding any other provision of law, the may be credited
to this appropriation up to $1,000,000 in funds eceived in user
fees.
OFFICE OF THE AssISTANT SECRETARY FOR BUDGET
For necessary expenses of the Office of the Assistan Secretary
for Budget and Programs, $6,349,000, including not
exceed
$40,000 for allocation within the Department for official ception
and representation expenses as the Secretary may determine.
OFFICE OF THE AsSISTANT SECRETARY FOR GOVERNMENTAL AF
For necessary expenses of the Office of the Assistant Secreta
for Governmental Affairs, $1,940,600.
�112 STAT. 2681-919
PUBLIC LAW 105-277-0CT. 21, 1998
DMSION K-PAY-AS-YOU-GO PROVISION
NotWI
nding Rule 3 of the Budget Scorekeeping Guidelines
set forth in t
int Explanatory Statement of the Committee
of Conference accomp
'ng Conference Report No. 105-217, legis
lation in section 103 of '~on A and in divisions C through
J of this Act that would havM en estimated by the Office of
Management and Budget as changin
'rect spending or receipts
under section 252 of the Balanced Budge
d Emergency Deficit
other than an
Control Act of 1985 were it included in an
appropriation Act shall be treated as direct spendin
receipts
ced
legislation, as appropriate,. under section 252 of the
.
This Act may be cited as the "Omnibus Consolidated and Emer
gency Supplemental Appropriations Act, 1999".
Approved October 21, 1998.
LEGISLATIVE HISTORY-H.R. 4328 (S. 2307):
HOUSE REPORTS: No. 105-648 (Comm. on Appropriations) and 105-825 (Comm.
of Conference).
SENATE REPORTS: No. 105-249 accompanying S. 2307 (Comm. on Appropria
tions).
CONGRESSIONAL RECORD, Vol. 144 (1998): .
July 29, considered and passed House.
July 30, considered and passed Senate, amended, in lieu of S. 2307.
Oct. 20, House agreed to conference report.
Oct. 21, Senate agreed to conference report.
o
�105TH CONGRESS}
2d Session
HOUSE OF REPRESENTATIVES
{
REPORT
105--825
MAKING OMNIBUS CONSOLIDATED AND EMERGENCY
SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999
OCTOBER 19, 1998.-Ordered to be printed
Mr.
from the committee of conference,
submitted the following
LMNGSTON,
CONFERENCE REPORT
[To accompany H.R. 4328]
The committee of conference on the disagreeing votes of· the
two Houses on the amendment of the Senate to the bill (H.R. 4328)
"making appropriations for the Department of Transportation and
related agencies for the fiscal year ending September 30, 1999, and
for other purposes", having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the amend
ment of the Senate, and agree to the same with an amendment, as
follows:
In lieu of the matter stricken and inserted by said amendment,
insert:
DIVISION A-OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the several depart
ments, agencies, corporations and other organizational units of the
Government for the fiscal year 1999, and for other purposes, name~
ly:
SE~ 101~~~~~~>fr~~~~~~~~~~~
culture, Rural Develop,
and Drug Administration, and
Related Agencies Appropriations. Act,
,
ided as follows, to
be effective as if it had been enacted into law as t
ro
priations Act:
105-825
b("f~r~ A, S10 I
�JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
The managers on the part of the House and Senate at the con
ference on the disagreeing votes of the two Houses on the amend
ment of the Senate to the bill (H.R. 4328) making appropriations
for the Department of Transportation and Related Agencies Appro
priations Act, 1999, for the fiscal year ending September 30, 1999,
and for other purposes, submit the following joint statement to the
House and the Senate in explanation of the effects of the action
agreed upon by the managers and recommended in the accompany
ing report.
The composition of this conference agreement includes more
than the Department of Transportation and Related Agencies Ap
propriations Act for fiscal year 1999. While the House version of
H.R. 4328 and the Senate amendment in the nature of a substitute
dealt only with transportation appropriations, the conference report
was expanded to include other matters, most significantly, other
fiscal year 1999 appropriations for other departments and agencies.
These appropriations are included in division A of this conference
agreement and are organized in groupings as they would have been
had they been enacted in their regular appropriations act.
Since this conference agreement is expanded to include mat
ters beyond those relating to the Department of Transportation and
Related Agencies Appropriations Act, the title of the bill is amend
ed to reflect this expansion.
SECTION 101&). AORIOUVPUREl, RURhL DElVELOPME~t'i,
JiQOD AND DRUG ADMHHSHlATIO?f, MID REI:n'YJ'ED
AGE~CIES APPROPRIATIONS ACT, 1999
The ~f~rees on H.R.4101 agree with the matter inserted in
this subsecti~~ this conference agreement and the following de
scription of this Iil~~ter, This matter was developed through nego
tiations on the differ~nces in the House and Senate versions of
H.R. 4101, the Agriculturfk~ural Development, Food and Drug Ad
ministration, and Relate~ ~encies Appropriations Act, 1999, by
members of the appropriations~ubcommittee of both the House
and Senate with jurisdiction over
.4101.
The statement of the managers remain
provisions
that were in both the House and Senate bi
hat remain un
changed by this conference agreement, except a
statement of the managers.
The conferees agree that executive branch wishes ca ot sub
stitute for Congress' own statements as to the best evidence
on
gressional intentions-that is, the official reports of the Congre s.
(953)
Pry I'SfNt. A, S/01
�1256
ce agreement compared with:
New u
. tiona)) authority, fiscal year 1998 ................
Budget estimates 0 ne
. ·onal) authority, fiscal year
1999 ................................................................ . ................... '
House bi~l, fiscal year 1999 .........................................................
-3,842,000
-162,606,000
+616,147,000
SECTION 101(1): DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 1999
The conferees on H.R. 4328 agree with the matter inserted in
this subsection of this conference agreement and the following de
scription of this matter. This matter was developed through nego
tiations on the differences in the House and Senate versions (H.R.
4274 and S. 2400) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
by members of the appropriations subcommittee of both the House
and Senate with jurisdiction over H.R. 4274 and S. 2440.
In implementing this agreement, the Departments and agen
cies should comply with the language and instructions set forth in
House Report 105-635 and Senate Report 105-300. In the case
where the language and instructions specifically address the alloca
tion of funds, the Departments and agencies are to follow the fund
ing levels specified in the Congressional budget justifications ac
companying the fiscal year 1999 budget or the underlying authoriz
ing statute and should give full consideration to all items, including
items allocating specific funding included in the House and Senate
reports. With respect to the provisions in the House and Senate re
ports that specifically allocate funds, each has been reviewed and
those which are jointly concurred in have been included in this
joint statement.
.
The Departments of Labor, Health and Human Services and
Education, and Related Agencies Appropriations Act, FY 1999, put
in place by this bill, incorporates the following agreements of the
managers:·
,
TRAINING AND EMPLOYMENT SERVICES
The conferen agreement appropriates $5,272,324,000, instead
of $4,000,873,000 as oposed by the House and $5,409,375,000 as
proposed by the Senate.
.
.
The agreement include an age inserting a legal citation to
the Workforce Investment Ac
1998 as proposed by the Senate
to fund a specific project autho
d by the new law. It also in
modified to identify funds
cludes language proposed by the Sen
for youth job training activities, making
funds available for the
period April 1, 1999 through June 30, 2
and specifying an
amount and a legal citation for youth opport . grants. It in
cludes language proposed by the Senate providing
t job trairiing
funds. may be used for transition to, and implemen .on of, the
provisions of the Workforce Investment Act of 1998. The
se had
no similar provisions.
1ft!.
4,
5/0((-/):
tUr,.IIJI!.,liIJ
�1295
MEDICARE+CHOICE
The conference agreement includes a prOVISIon contained in
House and Senate bills that assures Medicare+Choice plans
are t required to provide abortion services but that such services
must Ii available to beneficiaries outside the plan.
.
BETTY BUMPERS VACCINE RESEARCH FACILITY
The
nce agreement includes a provision contained in
the Senate bill name the Vaccine Research Facility (Building 40)
at NIH the Dale
d Betty Bumpers Vaccine Research Facility.
The House bill con . ed no similar provision.
TE CANCER RESEARCH
The conference agree nt deletes without prejudice a provi
sion contained in the Senat ill that earmarks $175,000,000 for.
prostate cancer research at
The House bill contained no simi
lar provision.
SUBSTANCE ABUSE AND MENTAL H
TH BLOCK GRANT FORMULA
The conference agreement includes provision not contained
in either the House or Senate bills that
ows funds allocated to
the States for the substance abuse block ant and the mental
health block grant to be allocated according
current law which
would incorporate the Secretarfs decision to hange the wage
proxy to the use of non-manufacturing wages.
TITLE X COMPLIANCE WITH STATE LAws
The conference agreement includes a provision con "ned in
the House bill that requires Title X clinics to comply wit State
laws relating to notification or reporting of child abuse, chil ma
.l~st~tion, se~al abuse, rape or incest. The Senate bill containe
0
TITLE III-DEPARTMENT OF EDUCATION
Tli
nference agreement includes $1,314,100,000 for Edu
cation Refo ," stead of the $861,500,000 proposed by the House
and $1,244,500,0
roposed by the Senate.
Goals 2000
The conference agreement
"des $491,000,000 instead of
$496,000,000 provided by the Senate
245,500,000 provided by
the House. This amount includes $461,00,
for state grants in
stead of $466,000,000 as proposed by the Sena~ d $220,500,000
as proposed by the House. For parental assistance,
onference
agreement includes $30,000,000; the same level as in the
ate
bill instead of $25,000,000 in the House.
.
Prv. A,
'lol(.fJ: 1A.1Nt· !III!. f!:)
1. JJf: ~
�1299
nt provides no funding for the targeted grants program. The
H se bill provided $300,000,000 for this purpose. The Senate bill
coni; .ned no similar provision.
e conference agreement includes $120,000,000 under Title I
(and $ ,000,000 under the Office of Educational Research and Im
proveme ) for continuation grants to local educational agencies for
the Comp hensive School Reform Demonstration Program. The
conference
eement recognizes that small schools may have
greater oppo
ities to implement comprehensive school reform ef
forts through
rlring in collaboration with other small schools. In
order to ensure e maximum opportunity for the participation of
small schools in t eComprehensive School Reform Demonstration
ence agreement clarifies that the minimum
Program, the co
award amount appli to individual schools, or to school consortia
serving a maximum 0 00 students.
The conference agreem nt provides $864,000,000 for the Im
pact Aid programs instead f $848,000,000 as proposed by the
House and $810,000,000 as pr osed by the Senate.
.
The conference agreement
0 includes a legislative provision
relating to payments for heavily
pacted school districts (section
8003(1)) which changes the method
which payments made under
this section are allocated to provide s plemental payments for fed
erally connected students only. It is derstood that this provision
school districts that are
will result in greater budget stability
heavily impacted by the presenc~ of fede ly connected children. It
is further understood that the change has een agreed upon by all
school districts that would be affected. No s bsequent adjustments
will be made for school districts that experie e funding shortfalls
or losses as a result of this provision. The Depa ment of Education
shall report to the Appropriations Committees
both the House
and Senate no later than March I, 1999 on the i lementation of
this provision.
.
The conference agreement also includes the follo 'ng language
provisions: eligibility for the Webster School District, ay County,
South Dakota; payment calculations for Stanley County, outh Da
kota; timely filing of applications by the Delaware Valley, ennsyl
vania, local educational agency, and Prince Georges Count Mary
land; payments for San Diego, California, Centennial, Pe syl
vania, and Hatboro-Horsham, Pennsylvania LEAs and Ran lph
Field Independent School District, Texas; and computing payme ts
for Travis Unified.
. School District in California. ,Neither the Hou
SCHOOLlMPROVEMENT PROGRAMS
The conference agreementlrovides $2,811,134,000 for School
Improvement Programs, instea of $1,542,334,000 as proposed by
the House and $1,655,188,000 as proposed by the Senate. For the
Eisenhower professional development activities, the agreement pro
vides $335,000,000 the same level as in the Senate bill. The House
provided $285,000,000.
)1"- .A, f IcIer}· t.tWr .. III/J'.f)
'1.Jll . EJ>
�..
"
1300
. For innovative education program strategies, title VI of the El
ementary and Secondary Education Act of 1965, the agreement :
provides $375,000,000. The House provided $400,000,000 and the
Senate bill included $350,000,000.
The
conference
agreement
includes' an
additional
$1,200,000,000 under title VI for an initiative to reduce class size.
Funding for' this activity was included in neither the House nor'
Senate bills.
The conference agreement recognizes impressive research stud
ies showing improvements in academic achievement and reduction
in discipline problems amon~ siudents attending smaller classes
with well-prepared teachers ill the early grades. Class-size reduc
tion can be particularly beneficial in those early grades because
students in those grades are learning to read and to master the ba
sics in math and other subjects. Accordingly, the conference agree
ment includes $1,200,000,000 for state formula grants, under title
VI of the Elementary and Secondary Education Act of 1965 to as
sist states to reduce class size in their classrooms, particularly in
grades 1-3.
The bill provides that the allocation of funds under section 307
to the states shall be based on the proportional share that each
state received from the fiscal year 1998 appropriation under the
Title 1 program or the Ei~enhower Program, whichever is gre~ter.
States would allocate theIr grant funds among local educatIonal
agencies based on a formula that reflects both their relative num
bers of children in low-income families' and their school enroll
ments. Local educational agencies would use these funds to recruit,
hire, and train new teachers, as well as to provide professional de
velopment to existing teachers. A local educational agency that has
already reduced class size in its regular classroOl;ns in the early
grades could use its funds to make further reductions in grades 1
3, reduce class size in kindergarten or other grades, or carry out
activities to improve teacher quality, including professional devel
. opment. In order to provide for effective accountability to parents
and the public, the conference agreement provides that individual
schools or the local educational agency will provide an annual re
port card, in easily understandable language, on class size and stu
dent achievement.
conference agreement includes. $566,000,000 for the Safe
and .oru ree Schools and Communities Act. Both the House and
Senate bills
vided $556,000,000.
Include W1 • this amount is $441,000,000 for state grants,
instead of $531,
000 as proposed· by the House and
$381,000,000 as propose
the Senate. The conference agreement
a new school violence prevention ini
also includes $125,000,000
tiative under the Safe and Dru
ree Schools program, instead. of
$25,000,000 proposed for nation
'cretionaryactivities by the
House and $175,000,000 proposed by
enate for national school
violence and national discretionary activitie
There is great concern about the frequen
rrence of vio- ,
ent provides
lence in our nation's schools. The conference agr
that the Secretary shall use $90,000,000 under nation
rograms
to support activities that promote safe learning environ
ts for
students. Such activities should include targeted assist
11 a{a·tt:~ : Jlv.A, flO/if)" lAWn· Ht5;{;lJ
1I!ft11/I:e}
�October 20, 1999
. MEMORANDUM FOR BRUCE REED
From:
Andrew Rotherham
Subject:
Class Size/Teacher Quality Options for Appropriations
This memo contains both. our substantive and cosmetic options on class size reduction
and teacher quality. These two issues will be linked during appropriations discussions
this fall and this linkage will allow us to broaden support for our class size initiative by
engaging members such as Representative Miller who have been cool to our proposal in
the past.
First, if an opportunity to change language on the class size legislation arises, we should
not resist efforts to fix the consortia language for rural school districts. This provision
has proven to be unworkable and the Department has issued a large number of waivers as
a result. The Department has language to accomplish this fix.
..
,
Thfee core issues that we shouldn't compromise on are: (1) maintaining a separate
revenue stream that supplements rather than supplants local and state efforts; (2)
maintairiing the targeting provision so that funds go to the neediest communities; and (3)
maintaining an emphasis on ,class size reduction as the primary use of these funds.
Cosmetic Changes to Class Size Initiative:
1. Allow school districts to reduce class size in kindergarten as well as grades 1-3. This
option is backed by research and is sound policy and is politically attractive.
2. Permit school districts to substitute pre-existing state or local class size reduction goals
for the national goal ons so long as state or local goals do not exceed 20.
3. Clarify that school districts with space constraints, teacher shortages, or other limitations
can utilize a number of "class size reduction" strategies including, (1) having two
certified teachers team teach in a single classroom for a portion of or all of the school
day; (2) hiring an additional certified teacher for a specific grade level, for example
having three teachers for two 2nd_grade classes to allow for. longer periods of
,
instruction in priority subjects such as reading and math; (3) adopting flexible
scheduling such as year-round schools; (4) creating smaller classes for academically
focused after-school and summer school programs.
.
4. Clarify that school districts can, if it is necessary to recruit fully qualified teachers, use
�funds for recruitment strategies including scholarships to undergraduates' in exchange
for teaching commitments, career ladders for paraprofessionals, and financial
incentives for new teachers.
The advantage of these options is that they either strengthen or are neutral with regard to
current law and allow the program to continue without significant disruption although
strategy 4 in option 3 would have to be narrowly focused enough to ensure that the funds
are still academically focused ~d that an emphasis on smaller classes is not lost.
The disadvantage is that except for option 4 these options don't address the teacher
quality concerns of Representative Miller and others and option 4 does not address the
issue as strongly as those members would like.
'
Substantive Changes to Class Size Initiative:
1. Prohibit school districts from using class size funds to hire teachers who lack full
certification unless these individuals have a bachelors degree, participate in an
intensive training program as part of an alternative route to full certification lasting no
more than 3 years, and receive mentoring and supervision from an experienced
teacher during this period. No class size funds could be used to pay any individual
who is not fully certified by the end of three years. (If pushed the alternative route
timeline could be limited to two years although this would impact some existing
programs.)
2. Prohibit school districts from using class size funds to hire additional teachers for grades
1.:.3 if more than 5 percent of the current grade 1-3 teaching force in the district lacks
full certification. These school districts would use the funding to bring existing
teachers up to full certification, expand the supply of fully certified teachers through
scholarships, career ladders, or other strategies to recruit certified teachers, and/or
provide high-quality professional development and implement proven instructional
practices.
I
3. If a state or school district is ending social promotion, allow the funds to be used for
reducing class size in grades atkey transition points, creating small classes with
certified teachers after school, on Saturdays, and during the summer to provide
intensive help, and creating small classes with certified teachers as part of an
alternative strategy to retaining students who have not met promotion standards. ,
Options 1 and 2 would strongly appeal to Representative Miller although the, 3-year path
in option 1 would have to be written tightly enough to avoid the sort of"loopholes" he
decries. Several of these options could be coupled together, for example, a deal could be
struck allowing the substitution of local or state goals, use offunds for kindergarten, and
a teacher quality measure such as option 1 or two above.
The Administratiol}'s ESEA propo'sal (Education Accountability ,Act) contain,? the
�following language intended to boost teacher quality.
"Our proposal would require states to ensure that, within four years, at least 95 percent of
their teachers are (1) fully-certified, (2) working toward full certification through an
alternative route, or (3) are fully-certified in another state and working toward meeting any
state-specific requirements. In addition, states would be required to ensure that at least 95
percent of secondary school teachers have had academic trait;ling·or demonstrated
competence in the subject area in which they teach."
.
In Chicago, they are apparently using the funding for small, intensive after-school and
summer school classes already although we have no official confirmation of this. If this
is the case, it is likely that Speaker Hastert could push for flexibility for that option.
The most crude fix that RepublicaI)s might propose is simply lifting the allowable
percentage of funding dedicated to professional development from 15 percent to a higher
'number. Unofficial estimates are that about 8-12 percent of the funds are Ci.lfremtly being
used for this purpose. Lifting the cap to 20 percent would most likely not have an
adverse effect although moving beyond this point might begin to dilute the purpose of the
program.
With regard to charter schools, any language that is intended to apply to all public
schools should defer to state law in terms of certification requirements for teayhers in
public charter schools'.
Existing Programs
The examples below,illustrate how states and localities are u~ing class size funds in
innovative ways now. Our goal should be to encourage this sort of activity while
opposing any restrictions that would curtail it. For example, without a provision for
alternative routes.the Philadelphia approach would be put in jeopardy. It is also
important to note that the Department of Education has been liberal with waiver authority
with regard to this program and although we don't want to highlight this because it also
illustrates problems with the program, it does refute to some degree the Republican
argument that the program is entirely inflexible...
• Philadelphia. Philadelphia is ~s,ing federal class size reduction funds to address the
challenges of teacher recruitment, support for new teachers, and class size reduction.
Philadelphia has hired 265 "literacy interns", college graduates who lack teacher
certification. Many are mid-career adults who are making the transition to teaching.
These interns have received two weeks of intensive training during the summer, and
now are working inclassrooms along side, and under the supervision of, fully
certified teachers. They are also enrolled in "alternative route" teacher education
programs, which will lead to full certificatiori in two years. Once certified, the.
interns will teach in small classes. Philadelphia's strategy enables it to recruit capable
�people 'into teaching and el)sure that they become fully qualified; provide an
extraordinary level of mentoring and support for teachers in their first two years on
the job, immediately give students the benefits of smaller instructional groups by
having two adults in the classroom, and ultimately lower class size in more
conventional ways ..
• Montgomery Connty, MD Montgomery County, is combining federal class size
reduction funds with state and localfunds to support its Reading Initiative in every
first and second grade class in the county. The initiative combines small classes of no
more than 15 for reading instruction with the use of proven reading instruction
approaches such as Reading Recovery.
~
• Columbus, Ohio - Columbus has hired 58 fully certified teachers with its class size
reduction funds, and placed these teachers in 13 high poverty, low performing
schools, reducing class size in grades 1-3 'from 25 to 15. Along with the
implementation of proven models of reading instruction, such as Success for All, as
well as a numbe~ of other school reforms, class size reduction is a central part of
Columbus' efforts to tum around low performing schools and implement a social
promotion policy.
.
Statutory Language
From P.L. 105-277
112 STAT. 2681-375
Sec. 307. (a) From the amount appropriated for title VI of the
Elementary and Secondary Education Act of 1965 in accordance with this
section, the Secretary ofEducation-
(1) shall make available a total of $6,000,000 to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this
section; and
(2) shall allocate the remainder by providing each State the
greater of the amount the State would receive if a total of
$1,124,620,000 were allocated under section 1122 of the
Elementary and Secondary Education Act of 1965 or under section
2202(b} of the Act for fiscal year 1998, except that such
allocations shall be ratably increased or decreased as may be
necessary.
(b)(1) Each State that receives funds under this ~ection shall
distribute 100 percent of such funds to local educational agencies, of
which-
�(A) 80 percent of such amo,unt shall be allocated to such
local edu~ational agencies in proportion to thenumber of
children, aged 5 to 17, who reside In the school district serve4
by such local educational agency from families with incomes
below the poverty line (as defined by the Office ofMa~agement
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory, data is available
compared to the numb~r of such individuals who reside in the
school districts served by all the local edu,cational agencies in
the State for that fiscal year; and
,
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative
enrollments of children, aged 5 17, in public and private
nonprofit elementary and secondary schools within the boundaries
of such agencies; ,
to
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting salary
for a new teacher in that agency, the State shaH not make the award
unless the local educational agency agrees to form a consortium with not
, less than 1 other local educational agency for the purpO!ie of reducing
class size. ,
(c)( 1) Each local educational agency that receives funds under this
section shall use such funds to carry out effective approaches to
reducing',class size with highly qualified teachers to improve
educational achievement for both regular and special-needs children,
with particular consideration given to reducing class size in the early
, elementary'grades for which some research has shown class size reduction
'is most 'effective.
(2)(A) Each such local educational agency may pursue the goal of
reducing class size through
(i) recruiting, hiring, and training certified regular and
special education teachers and teachers of speci~l-needs
children, including teacher& certified through State ,and local
alternative routes;,
,
,
, (ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
, with title II ofthe Higher Education Act of 1965; and
'
(iii) providing professional development to teachers,
including special education teachers' and teachers of special
�needs' children, consistent with title II of the Higher Education
Act of 1965.
.
(B) A local educational agency may use not more'than a total of 15
percent of the award received under this section for activities'
described in clauses (ii) and (iii) of subparagraph (A).
(C) A local educational agency that has already reduced class size
in the early grades to 18 or less children may use funds received,'under
this section-.
(i) to make further class-size reductions in grades 1
through 3;
,(ii) to reduce class size in kindergarten or other grades;
or
(iii) to caiTy out activities, to improve teacher quality, '
including professional development.
(3) Each such agency shall use funds under this section only to
supplement, and llot to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activities under
this section.
(4) No funds made available under this section may, beusedto
, increase the salaries or provide benefits, other than participation in
professional development and enrichment programs, to teachers Who are,
or have been, employed by the'local educational agency.
(d)(1) Each State receiving funds undt.'!r this section shall report on
activities in the State under this section, consistent with section,
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each school benefiting from this section, or the local
educational agency. serving that school, shall produce an annual report
to parents, the general public, and the State educational agency, in
easily understandable language, on student achievement that is' a result
of hiring additional highly qualified teachers and reducing class'size.
(e) If a local educational agency, ~ses funds made available under
this section for professional development activities, the agency shall
ensqre for the equitable particIpation ofprivate rtopprofit elementary
and secondary,schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to other activities
'
,
"
,'under, this section. ' "
(f) Administrative Expenses.--A local educational agency that,
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
(g) Request for Funds.--Each local'education~l agency that desires
to receive funds under this section shall include in theapplication
,
\
�required under section 6303 of the Elementary and Secondary Education
Act of 1965 a description of the agency's program to reduce class size
by hiring additional highly qualified teachers.
I
I
I
I,
I
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Andrew Rotherham - Education Series
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Andrew Rotherham
Date
A point or period of time associated with an event in the lifecycle of the resource
1999-2000
Is Part Of
A related resource in which the described resource is physically or logically included.
<a href="http://clinton.presidentiallibraries.us/items/show/36329">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Identifier
An unambiguous reference to the resource within a given context
2011-0103-S
Description
An account of the resource
The Education Series highlights topics relating to class size reduction, test preparation, the Elementary and Secondary Education Act, charter schools, the digital divide, distance learning, youth violence in schools, teacher salaries, social promotion, Hispanic education, standardized testing, and after-school programs. The records include reports, draft legislation, memoranda, correspondence to and from organizations and community leaders that focus on education issues, articles, publications, email, and fact sheets relating to the Administration’s progress on education.
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Extent
The size or duration of the resource.
171 folders in 12 boxes
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
[Class Size Reduction]
Creator
An entity primarily responsible for making the resource
Domestic Policy Council
Andrew Rotherham
Education Series
Identifier
An unambiguous reference to the resource within a given context
2011-0103-S
Is Part Of
A related resource in which the described resource is physically or logically included.
Box 2
<a href="http://www.clintonlibrary.gov/assets/Documents/Finding-Aids/Systematic/2011-0103-S-edu.pdf">Collection Finding Aid</a>
<a href="http://catalog.archives.gov/id/612954">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
Date Created
Date of creation of the resource.
8/22/2013
Source
A related resource from which the described resource is derived
2011-0103-Sa-class-size-reduction
612954