[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2164 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2164
To amend the Elementary and Secondary Education Act of 1965 to
authorize local educational agencies in rural areas to obtain a limited
waiver of certain requirements relating to the employment of highly
qualified teachers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2004
Mr. Reid introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965 to
authorize local educational agencies in rural areas to obtain a limited
waiver of certain requirements relating to the employment of highly
qualified teachers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisting America's Rural Schools
Act''.
SEC. 2. RURAL WAIVER OF CERTAIN QUALIFICATIONS FOR TEACHERS.
(a) In General.--Section 1119(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6319(a)) is amended by adding at the
end the following:
``(4) Availability of waiver for rural local educational
agencies.--
``(A) New hires.--Upon application by a rural local
educational agency, the Secretary may grant the agency
the authority to defer, for a 1-year period beginning
on the date any teacher who is new to the profession
first begins employment with the agency as a middle or
secondary school teacher, the application to such
teacher of the requirement in section 9101(23)(B)(ii)
regarding demonstration of a high level of competency
in each of the academic subjects in which the teacher
teaches. During the deferral period, the teacher shall
be considered to have satisfied such requirement if the
teacher has demonstrated a high level of competency, in
accordance with such section, in 1 of the academic
subjects in which the teacher teaches.
``(B) Existing employees.--Upon application by a
rural local educational agency, the Secretary may grant
the agency the authority to defer, for a 1-year period
beginning on the date any middle or secondary school
teacher who is not new to the profession first begins
teaching an academic subject that the teacher has not
previously taught, the application to such teacher of
the requirement in section 9101(23)(C)(ii) regarding
demonstration of competence in all of the academic
subjects in which the teacher teaches. During the
deferral period, the teacher shall be considered to
have satisfied such requirement if the teacher has
demonstrated competence, in accordance with such
section, in 1 of the academic subjects in which the
teacher teaches.
``(C) Terms and conditions.--The Secretary may, in
the Secretary's discretion, establish such terms and
conditions on the authority granted to a rural local
educational agency under this paragraph as the
Secretary determines to be appropriate.
``(D) Definition.--For purposes of this paragraph,
the term `rural local educational agency' means a local
educational agency with respect to which--
``(i) each county in which a school served
by the agency is located has a total population
density of fewer than 10 persons per square
mile; or
``(ii) all schools served by the agency are
designated with a school locale code of 7 or 8,
as determined by the Secretary.''.
(b) Regulations.--
(1) Deadline.--The Secretary of Education shall promulgate
regulations to carry out the amendment made by subsection (a)
not later than 180 days after the date of enactment of this
Act.
(2) Application procedures.--The regulations promulgated
pursuant to paragraph (1) shall specify procedures to be used
by rural local educational agencies in submitting applications
under section 1119(a)(4) of the Elementary and Secondary
Education Act of 1965 (as added by subsection (a)).
(3) Eligibility.--The regulations promulgated pursuant to
paragraph (1) shall specify the criteria the Secretary of
Education will use in--
(A) determining whether to grant a waiver under
subparagraph (A) or (B) of section 1119(a)(4) of the
Elementary and Secondary Education Act of 1965 (as
added by subsection (a)); and
(B) establishing terms and conditions under
subparagraph (C) of such section.
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