HR 1758 IHCommentsClose CommentsPermalink

To provide for the establishment of a commission to stimulate and engage in an informed, national, and public dialogue about how to ensure that each student in the United States receives an equitable education that enables the student to achieve his or her maximum academic potential.CommentsClose CommentsPermalink

March 26, 2009CommentsClose CommentsPermalink

Mr. HONDA (for himself, Ms. HIRONO, Mr. GRIJALVA, Mr. FATTAH, Mr. CLEAVER, and Mr. SPACE) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To provide for the establishment of a commission to stimulate and engage in an informed, national, and public dialogue about how to ensure that each student in the United States receives an equitable education that enables the student to achieve his or her maximum academic potential.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘The Educational Opportunity and Equity Commission Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; SENSE OF THE CONGRESS.

(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink





(1) There are vast disparities in the educations provided by schools throughout the United States.CommentsClose CommentsPermalink





(2) The educational disparities are reinforced by funding disparities, such as the following:CommentsClose CommentsPermalink





(A) The school district in the United States with the greatest spending per student spends 9.12 times more per student annually than the United States school district with the least spending per student.CommentsClose CommentsPermalink





(B) The school district in California with the greatest spending per student spends 4.24 times more per student annually than the California school district with the least spending per student.CommentsClose CommentsPermalink





(3) The schools of the United States do not meet the educational needs of all students, despite the wealth of the Nation.CommentsClose CommentsPermalink





(b) Sense of the Congress- It is the sense of the Congress that the people of the United States should engage in an informed, national, and public dialogue on how to ensure that each student in the United States receives an equitable education that enables the student to achieve his or her maximum educational potential.CommentsClose CommentsPermalink

SEC. 3. ESTABLISHMENT OF COMMISSION.

There shall be established a commission to be known as the ‘Educational Opportunity and Equity Commission’ (in this Act referred to as the ‘Commission’).CommentsClose CommentsPermalink

SEC. 4. DUTIES OF COMMISSION.

The Commission shall study ways to enable each student attending a school in the United States to achieve his or her maximum academic potential, with particular emphasis on the following:CommentsClose CommentsPermalink





(1) Ensuring that a school receives adequate resources to meet the educational needs of each student in the school.CommentsClose CommentsPermalink





(2) The methods available, or that need to be developed, to determine the educational needs of a student.CommentsClose CommentsPermalink





(3) Identifying and devising innovative strategies for State and local educational agencies to--CommentsClose CommentsPermalink





(A) enable each student to achieve his or her maximum academic potential; andCommentsClose CommentsPermalink





(B) participate in reforming the methods by which schools are funded, to achieve educational equity.CommentsClose CommentsPermalink

SEC. 5. MEMBERSHIP OF COMMISSION.

(a) Number and Appointment- The Commission shall be composed of 15 members, as follows:CommentsClose CommentsPermalink





(1) The Secretary of Education (in this Act referred to as the ‘Secretary’).CommentsClose CommentsPermalink





(2) Fourteen individuals appointed by the Secretary, in collaboration with the President of the National Academy of Sciences, in accordance with subsection (b).CommentsClose CommentsPermalink





(b) Criteria for Selection-CommentsClose CommentsPermalink





(1) ELIGIBILITY- Within 90 days after funds are first appropriated to carry out this Act, the Secretary shall make the appointments provided for in subsection (a)(2) from among individuals--CommentsClose CommentsPermalink





(A) who submit an application as the Secretary shall require; andCommentsClose CommentsPermalink





(B) who are any of the following:CommentsClose CommentsPermalink





(i) A student.CommentsClose CommentsPermalink





(ii) A parent or guardian of a student.CommentsClose CommentsPermalink





(iii) An individual familiar with special education.CommentsClose CommentsPermalink





(iv) An officer of a State educational agency.CommentsClose CommentsPermalink





(v) A teacher.CommentsClose CommentsPermalink





(vi) A principal or school administrator.CommentsClose CommentsPermalink





(vii) A school board memberCommentsClose CommentsPermalink





(viii) A businessperson.CommentsClose CommentsPermalink





(ix) A college or university professor of education.CommentsClose CommentsPermalink





(x) An expert in--CommentsClose CommentsPermalink





(I) educational equity;CommentsClose CommentsPermalink





(II) civil rights law;CommentsClose CommentsPermalink





(III) constitutional law;CommentsClose CommentsPermalink





(IV) educational policy;CommentsClose CommentsPermalink





(V) school finance;CommentsClose CommentsPermalink





(VI) economics;CommentsClose CommentsPermalink





(VII) taxation;CommentsClose CommentsPermalink





(VIII) land use or zoning law; orCommentsClose CommentsPermalink





(IX) any other field the Commission considers relevant.CommentsClose CommentsPermalink





(xi) An individual with relevant experience or knowledge.CommentsClose CommentsPermalink





(2) DIVERSITY- In making the appointments, the Secretary shall ensure that the Commission represents the geographical, economic, and cultural diversity of the United States.CommentsClose CommentsPermalink





(3) PROHIBITED APPOINTMENTS- The Secretary may not appoint to the Commission an individual who is registered as a lobbyist under section 4 of the Lobbying Disclosure Act of 1995 or any State law.CommentsClose CommentsPermalink





(c) Terms of Appointed Commission Members- A Commission member appointed under subsection (a)(2) shall be appointed for the life of the Commission.CommentsClose CommentsPermalink





(d) Vacancies-CommentsClose CommentsPermalink





(1) HOW FILLED- A vacancy in the Commission shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink





(2) LENGTH OF SERVICE- A Commission member appointed to fill a vacancy in the Commission occurring before the end of the term for which the predecessor of the member was appointed shall be appointed only for the remainder of the term.CommentsClose CommentsPermalink





(e) Compensation-CommentsClose CommentsPermalink





(1) BASIC PAY- For each day, including travel time, a Commission member is engaged in the performance of Commission duties, the member shall be entitled to the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule, subject to section 11(b)(1).CommentsClose CommentsPermalink





(2) PROHIBITION OF COMPENSATION OF FEDERAL EMPLOYEES- The Secretary, an officer or employee of the Federal Government, or a Member of Congress may not receive additional pay, allowances, or benefits by reason of service on the Commission.CommentsClose CommentsPermalink





(f) Travel Expenses- A Commission member may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink





(g) Chairperson- Within 15 days after all initial appointments to the Commission have been made, the Secretary shall designate 1 Commission member as the chairperson (in this Act referred to as the ‘chairperson’) of the Commission.CommentsClose CommentsPermalink





(h) Taking Action- The Commission may take action at a meeting only by a majority vote of the Commission members present at the meeting.CommentsClose CommentsPermalink





(i) Rules of Procedure- Within 15 days after the designation of the chairperson, the Commission shall adopt rules of procedure.CommentsClose CommentsPermalink

SEC. 6. COMMISSION OPERATIONS.

(a) Executive Director; Staff-CommentsClose CommentsPermalink





(1) APPOINTMENT OF EXECUTIVE DIRECTOR- The chairperson shall appoint an Executive Director of the Commission.CommentsClose CommentsPermalink





(2) HIRING OF STAFF- The Commission may hire additional personnel as the Commission considers appropriate.CommentsClose CommentsPermalink





(b) Compensation of Executive Director and Staff- Subject to section 11(b)(1), the Commission shall pay--CommentsClose CommentsPermalink





(1) the Executive Director at the annual rate of basic pay for level III of the Executive Schedule; andCommentsClose CommentsPermalink





(2) an individual hired under subsection (a)(2) at a rate that may not exceed the daily equivalent of the annual rate of basic pay for grade GS-14 of the General Schedule.CommentsClose CommentsPermalink





(c) Experts and Consultants- Subject to rules prescribed by the Commission, the Executive Director may procure temporary and intermittent services in the same manner as an agency under section 3109(b) of title 5, United States Code.CommentsClose CommentsPermalink





(d) Staff of Federal Agencies- On request of the Commission, to assist the Commission in carrying out the duties of the Commission--CommentsClose CommentsPermalink





(1) the Secretary may detail to the Commission not more than 10 personnel of the Department of Education;CommentsClose CommentsPermalink





(2) the head of any other Federal department or agency may detail personnel, services, or facilities of the department or agency to the Commission, subject to paragraph (3); andCommentsClose CommentsPermalink





(3) a total of not more than 10 personnel may be detailed to the Commission under paragraph (2).CommentsClose CommentsPermalink

SEC. 7. POWERS OF COMMISSION.

(a) Hearings and Sessions- To carry out the duties of the Commission--CommentsClose CommentsPermalink





(1) the Commission shall conduct public hearings, including hearings in which testimony is received from experts such as described in section 5(b)(1)(B)(x); andCommentsClose CommentsPermalink





(2) the Commission may, as the Commission considers appropriate, sit and act, take testimony, and receive evidence.CommentsClose CommentsPermalink





(b) Powers of Commission Members and Agents- The Commission may authorize any Commission member or agent of the Commission to take any action which the Commission is authorized to take by this Act.CommentsClose CommentsPermalink





(c) Obtaining Official Data- The Commission may secure, directly from any department or agency of the United States, information necessary to enable the Commission to carry out this Act. On request of the chairperson, the head of the department or agency shall furnish the information to the Commission, subject to any applicable limitations of Federal law.CommentsClose CommentsPermalink





(d) Administrative Support Services- On request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, human resources management, budget, leasing, accounting, payroll services, and other services necessary for the Commission to carry out the duties of the Commission.CommentsClose CommentsPermalink





(e) Contract Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2) of this subsection and section 11(b)(2), the Commission may enter into contracts with and compensate a government or private agency or person for the conduct of activities necessary for the Commission to carry out the duties of the Commission.CommentsClose CommentsPermalink





(2) DURATION- The Commission may not enter into a contract if the terms of the contract extend beyond the date the Commission terminates.CommentsClose CommentsPermalink





(f) Authority To Accept Voluntary Services-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding section 1342 of title 31, United States Code, the Commission may accept the service of a volunteer.CommentsClose CommentsPermalink





(2) REIMBURSEMENT OF VOLUNTEER- In accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, the Commission may reimburse a volunteer for expenses for office supplies and local travel, and for travel expenses, including per diem in lieu of subsistence, incurred in performing services for the Commission.CommentsClose CommentsPermalink





(3) VOLUNTEER DEEMED A FEDERAL EMPLOYEE- While performing services for the Commission, a volunteer is deemed an employee of the Federal Government for the purposes of the following:CommentsClose CommentsPermalink





(A) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries.CommentsClose CommentsPermalink





(B) Chapter 11 of title 18, United States Code, relating to conflicts of interest.CommentsClose CommentsPermalink





(C) Chapter 171 of title 28, United States Code, relating to tort claims.CommentsClose CommentsPermalink





(g) Mails- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.CommentsClose CommentsPermalink

SEC. 8. PUBLIC ENGAGEMENT AND COMMUNITY OUTREACH PROGRAMS.

(a) In General- Within 180 days after the appointment of the chairperson, the Commission shall commence outreach programs with communities throughout the United States, to engage the communities in a public dialogue on how to ensure that the schools in the communities enable each student in the United States to achieve his or her maximum academic potential.CommentsClose CommentsPermalink





(b) Methods- The outreach programs shall, to the maximum extent possible, include the following:CommentsClose CommentsPermalink





(1) Meetings.CommentsClose CommentsPermalink





(2) Surveys.CommentsClose CommentsPermalink





(3) Telephone polls.CommentsClose CommentsPermalink





(4) Conference calls.CommentsClose CommentsPermalink





(5) Internet messaging and forums.CommentsClose CommentsPermalink





(6) Electronic mail.CommentsClose CommentsPermalink





(c) Requirements-CommentsClose CommentsPermalink





(1) SELECTION OF COMMUNITIES- In selecting communities in which to conduct an outreach program, the Commission shall ensure that the outreach programs represent, to the maximum extent possible, the geographic diversity of the United States and the economic and cultural diversity of the populations of the communities.CommentsClose CommentsPermalink





(2) PUBLIC EVENTS- Any event the Commission conducts as part of an outreach program shall be open to the public.CommentsClose CommentsPermalink





(3) CONDUCT OF OUTREACH PROGRAMS- In conducting an outreach program:CommentsClose CommentsPermalink





(A) CHAIR- The chairperson shall designate 1 Commission member to serve as the chair of an event that is part of the program.CommentsClose CommentsPermalink





(B) ISSUES- The chair shall endeavour to have the attendees address the following issues:CommentsClose CommentsPermalink





(i) The benefits to the United States of investing in enabling each student to achieve his or her maximum academic potential.CommentsClose CommentsPermalink





(ii) How to ensure that each student achieves his or her maximum academic potential.CommentsClose CommentsPermalink





(iii) How to establish educational equity for all students.CommentsClose CommentsPermalink





(iv) How to determine the educational needs of a student.CommentsClose CommentsPermalink





(v) How to evaluate the effectiveness of a school in meeting the educational needs of a student at the school.CommentsClose CommentsPermalink





(vi) The methods by which schools should be funded.CommentsClose CommentsPermalink





(C) PARTICIPATION- The Commission shall encourage broad participation in the program by any reasonable means the Commission considers appropriate.CommentsClose CommentsPermalink

SEC. 9. REPORTS AND OTHER PUBLICATIONS OF COMMISSION.

(a) Quarterly Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- Every 90 days after the designation of the chairperson, the Commission shall prepare a report detailing the expenditures and activities of the Commission.CommentsClose CommentsPermalink





(2) SUBMISSION- The Commission shall submit each such report to each entity referred to in subsection (b)(4)(A) and make the report widely available.CommentsClose CommentsPermalink





(b) Final Report-CommentsClose CommentsPermalink





(1) CONTENT- The final report of the Commission shall include the following:CommentsClose CommentsPermalink





(A) DISCHARGE DUTIES OF COMMISSION- The findings and conclusions of the Commission on the matters described in section 4.CommentsClose CommentsPermalink





(B) BASIS OF CONCLUSIONS- The basis of the findings and conclusions, including the results of hearings conducted under section 7(a) and the outreach programs conducted under section 8.CommentsClose CommentsPermalink





(C) OTHER TOPICS TO BE ADDRESSED- A summary of the following:CommentsClose CommentsPermalink





(i) The role the Federal, State, and local governments should have in establishing sufficient funding to ensure that each student receives an equitable education that enables the student to achieve his or her maximum academic potential.CommentsClose CommentsPermalink





(ii) The unmet educational needs of students, and the benefits of providing the necessary support to enable schools meet their needs.CommentsClose CommentsPermalink





(iii) Recommendations on how to assess the educational needs of a student, the types of assessments available, and how to develop additional assessments to enable educators to better understand the educational needs of a student.CommentsClose CommentsPermalink





(iv) Information concerning the cost of education in different settings, with consideration of variations in geography, needs of student populations, and concentrations of student populations.CommentsClose CommentsPermalink





(v) The methods by which schools are and should be funded.CommentsClose CommentsPermalink





(2) PUBLICATION OF DRAFT REPORT- Within 480 days after the designation of the chairperson, the Commission shall publish a draft of the final report.CommentsClose CommentsPermalink





(3) PUBLIC COMMENT PERIOD- During the 45-day period beginning with the date the draft report is published, the Commission shall solicit and receive comments from the public on the draft report.CommentsClose CommentsPermalink





(4) ISSUANCE OF FINAL REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Within 165 days after publishing the draft report, and after taking into account any comments received under paragraph (3), the Commission shall submit the final report to--CommentsClose CommentsPermalink





(i) the Committees on Finance, on Health, Education, Labor, and Pensions, and on Appropriations of the Senate;CommentsClose CommentsPermalink





(ii) the Committees on Ways and Means, on Education and Labor, and on Appropriations of the House of Representatives;CommentsClose CommentsPermalink





(iii) the President of the National Academy of Sciences; andCommentsClose CommentsPermalink





(iv) the President of the United States.CommentsClose CommentsPermalink





(B) APPROVALS REQUIRED; INCLUSION OF MINORITY VIEWS-CommentsClose CommentsPermalink





(i) APPROVALS REQUIRED- The Commission may not issue the final report without the approval of at least 10 Commission members.CommentsClose CommentsPermalink





(ii) INCLUSION OF MINORITY VIEWS- The Commission may include a minority view in the final report.CommentsClose CommentsPermalink





(5) CONGRESSIONAL HEARINGS- It is the sense of the Congress that the Committees specified in paragraph (4)(A) should hold hearings on the information in the final report.CommentsClose CommentsPermalink





(c) Format of Publications; Timing; Accessibility-CommentsClose CommentsPermalink





(1) FORMAT OF PUBLICATIONS- The Commission shall cause to have published all reports prepared under this section, minutes of all Commission meetings, and transcripts of all Commission hearings, in a format that is understandable to the public.CommentsClose CommentsPermalink





(2) TIMING- The Commission shall cause to have published the information described in paragraph (1)--CommentsClose CommentsPermalink





(A) on the Internet website of the Department of Education, within 15 days after preparation of the information; andCommentsClose CommentsPermalink





(B) in print, within 60 days after preparation of the information.CommentsClose CommentsPermalink





(3) ACCESSIBILITY- The Secretary shall maintain, on the Internet website of the Department of Education, the information published under paragraph (1), in a matter that is accessible to the public.CommentsClose CommentsPermalink

SEC. 10. TERMINATION OF COMMISSION.

The Commission shall terminate 45 days after issuing the final report under section 9(b)(4).CommentsClose CommentsPermalink

SEC. 11. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.

(a) Limitations on Authorization of Appropriations- There are authorized to be appropriated to carry out this Act, other than section 9(b), not more than $10,000,000, to remain available until expended.CommentsClose CommentsPermalink





(b) Limitations on Use of Funds- To the extent or in the amounts provided in advance in appropriation Acts, the Commission may do the following:CommentsClose CommentsPermalink





(1) Pay compensation under sections 5(e)(1) and 6(b).CommentsClose CommentsPermalink





(2) Enter into contracts with and compensate a government or private agency or person for the conduct of activities, under section 7(e).CommentsClose CommentsPermalink

SEC. 12. FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink

SEC. 13. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) EDUCATION- The term ‘education’ means learning occurring in public schools in the United States from pre-kindergarten through the 12th grade, including homeschooling.CommentsClose CommentsPermalink





(2) EDUCATIONAL EQUITY- The term ‘educational equity’ means the educational policies, and practices necessary to--CommentsClose CommentsPermalink





(A) meet the educational requirements of each student, regardless of his or her socioeconomic status, national origin, gender, or the location of his or her school;CommentsClose CommentsPermalink





(B) foster the maximum development of the potential of each student; andCommentsClose CommentsPermalink





(C) ensure that each student has the knowledge and skills needed to participate effectively in community life as a worker, citizen, parent, or leader, and as a role model for future generations.CommentsClose CommentsPermalink





(3) EDUCATIONAL NEEDS- The term ‘educational needs’ means the academic and developmental requirements for a student to achieve his or her maximum academic potential, determined after taking into account the unique abilities and circumstances of the student.CommentsClose CommentsPermalink