H.R. 1758House111th Congress (2009-2011)In Committee

Educational Opportunity and Equity Commission Act of 2009

Introduced March 26, 2009

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.

May 14, 2009

View full timeline
HouseIntro Referral

Introduced in House

March 26, 2009

HouseIntro Referral

Referred to the House Committee on Education and Labor.

March 26, 2009

HouseCommittee

Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.

May 14, 2009

Floor Debate

8 members

What members said about H.R. 1758 on the floor

8 Democrats
Eni F. H. Faleomavaega
Rep. Eni F. H. FaleomavaegaD-AS · May 19, 2010

Mr. Speaker, how much time do we have left? I thank the gentleman for yielding. I am very respectful of my dear friend here. Mr. Speaker, I thank my fellow Members of Congress who join us today in…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · May 14, 2009

Madam Speaker, I would like to yield to Member Sheila Jackson-Lee. I believe she wanted to address the floor. I thank the gentlewoman from Texas and always count on her support for the issues that we…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · May 19, 2010

Mr. Speaker, I rise today to recognize the Asian American and Pacific Islander Community and to commemorate Asian Pacific American Heritage Month. As chairman of the Congressional Asian Pacific…

Mazie K. Hirono
Rep. Mazie K. HironoD-HI-2 · May 14, 2009

I thank my colleague for yielding me such time as I might use. Aloha. I rise today to join my fellow congressional Asian Pacific Islander American Caucus members in celebrating Asian Pacific Islander…

Judy Chu
Rep. Judy ChuD-CA-32 · May 19, 2010

Thank you, Chairman Honda, for convening this Special Order hour on APA Heritage Month. I stand proud this evening with Chairman Honda to commemorate the month of May as Asian Pacific Heritage Month.…

Show 5 more

Thank you very much. I am very happy to join the chairman of our caucus here before you, Madam Speaker, as part of the celebration of the Asian American and Pacific Islander Heritage Month. On May 1,…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · May 14, 2009

Madam Speaker, it's with great pleasure that I come here today to stand with my colleague, Representative Mike Honda. Some people might ask what would make me come and stand in support. In my…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 14, 2009

Let me thank the distinguished gentleman, and as I rise, let me add my appreciation for his leadership of the Asian Pacific caucus and join him in celebrating Asian Pacific history month. This is a…

Al Green
Rep. Al GreenD-TX-9 · May 19, 2010

Mr. Speaker, on the occasion of this year's Asian Pacific American Heritage Month, I would like to recognize the history and contributions that Asian Pacific Americans have made to the development…

Michael M. Honda
Rep. Michael M. HondaD-CA-15 · May 14, 2009

Madam Speaker, I rise today to recognize the fifty-fifth anniversary and the lasting legacy of the historic Supreme Court Case, Brown v. Board of Education of Topeka. Handed down on May 17, 1954, the…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued March 26, 2009

I

111th CONGRESS

1st Session

H. R. 1758

IN THE HOUSE OF REPRESENTATIVES

March 26, 2009

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 Labor

A BILL

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.

1.

Short title

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

2.

Findings; sense of the Congress

(a)

Findings

The Congress finds the following:

(1)

There are vast disparities in the educations provided by schools throughout the United States.

(2)

The educational disparities are reinforced by funding disparities, such as the following:

(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.

(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.

(3)

The schools of the United States do not meet the educational needs of all students, despite the wealth of the Nation.

(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.

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).

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:

(1)

Ensuring that a school receives adequate resources to meet the educational needs of each student in the school.

(2)

The methods available, or that need to be developed, to determine the educational needs of a student.

(3)

Identifying and devising innovative strategies for State and local educational agencies to—

(A)

enable each student to achieve his or her maximum academic potential; and

(B)

participate in reforming the methods by which schools are funded, to achieve educational equity.

5.

Membership of Commission

(a)

Number and appointment

The Commission shall be composed of 15 members, as follows:

(1)

The Secretary of Education (in this Act referred to as the Secretary).

(2)

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

(b)

Criteria for selection

(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—

(A)

who submit an application as the Secretary shall require; and

(B)

who are any of the following:

(i)

A student.

(ii)

A parent or guardian of a student.

(iii)

An individual familiar with special education.

(iv)

An officer of a State educational agency.

(v)

A teacher.

(vi)

A principal or school administrator.

(vii)

A school board member

(viii)

A businessperson.

(ix)

A college or university professor of education.

(x)

An expert in—

(I)

educational equity;

(II)

civil rights law;

(III)

constitutional law;

(IV)

educational policy;

(V)

school finance;

(VI)

economics;

(VII)

taxation;

(VIII)

land use or zoning law; or

(IX)

any other field the Commission considers relevant.

(xi)

An individual with relevant experience or knowledge.

(2)

Diversity

In making the appointments, the Secretary shall ensure that the Commission represents the geographical, economic, and cultural diversity of the United States.

(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.

(c)

Terms of appointed Commission members

A Commission member appointed under subsection (a)(2) shall be appointed for the life of the Commission.

(d)

Vacancies

(1)

How filled

A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

(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.

(e)

Compensation

(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).

(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.

(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.

(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.

(h)

Taking action

The Commission may take action at a meeting only by a majority vote of the Commission members present at the meeting.

(i)

Rules of procedure

Within 15 days after the designation of the chairperson, the Commission shall adopt rules of procedure.

6.

Commission operations

(a)

Executive Director; staff

(1)

Appointment of Executive Director

The chairperson shall appoint an Executive Director of the Commission.

(2)

Hiring of staff

The Commission may hire additional personnel as the Commission considers appropriate.

(b)

Compensation of Executive Director and staff

Subject to section 11(b)(1), the Commission shall pay—

(1)

the Executive Director at the annual rate of basic pay for level III of the Executive Schedule; and

(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.

(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.

(d)

Staff of Federal agencies

On request of the Commission, to assist the Commission in carrying out the duties of the Commission—

(1)

the Secretary may detail to the Commission not more than 10 personnel of the Department of Education;

(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); and

(3)

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

7.

Powers of Commission

(a)

Hearings and sessions

To carry out the duties of the Commission—

(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); and

(2)

the Commission may, as the Commission considers appropriate, sit and act, take testimony, and receive evidence.

(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.

(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.

(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.

(e)

Contract authority

(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.

(2)

Duration

The Commission may not enter into a contract if the terms of the contract extend beyond the date the Commission terminates.

(f)

Authority To accept voluntary services

(1)

In general

Notwithstanding section 1342 of title 31, United States Code, the Commission may accept the service of a volunteer.

(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.

(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:

(A)

Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries.

(B)

Chapter 11 of title 18, United States Code, relating to conflicts of interest.

(C)

Chapter 171 of title 28, United States Code, relating to tort claims.

(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.

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.

(b)

Methods

The outreach programs shall, to the maximum extent possible, include the following:

(1)

Meetings.

(2)

Surveys.

(3)

Telephone polls.

(4)

Conference calls.

(5)

Internet messaging and forums.

(6)

Electronic mail.

(c)

Requirements

(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.

(2)

Public events

Any event the Commission conducts as part of an outreach program shall be open to the public.

(3)

Conduct of outreach programs

In conducting an outreach program:

(A)

Chair

The chairperson shall designate 1 Commission member to serve as the chair of an event that is part of the program.

(B)

Issues

The chair shall endeavour to have the attendees address the following issues:

(i)

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

(ii)

How to ensure that each student achieves his or her maximum academic potential.

(iii)

How to establish educational equity for all students.

(iv)

How to determine the educational needs of a student.

(v)

How to evaluate the effectiveness of a school in meeting the educational needs of a student at the school.

(vi)

The methods by which schools should be funded.

(C)

Participation

The Commission shall encourage broad participation in the program by any reasonable means the Commission considers appropriate.

9.

Reports and other publications of Commission

(a)

Quarterly reports

(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.

(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.

(b)

Final report

(1)

Content

The final report of the Commission shall include the following:

(A)

Discharge duties of Commission

The findings and conclusions of the Commission on the matters described in section 4.

(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.

(C)

Other topics to be addressed

A summary of the following:

(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.

(ii)

The unmet educational needs of students, and the benefits of providing the necessary support to enable schools meet their needs.

(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.

(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.

(v)

The methods by which schools are and should be funded.

(2)

Publication of draft report

Within 480 days after the designation of the chairperson, the Commission shall publish a draft of the final report.

(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.

(4)

Issuance of final report

(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—

(i)

the Committees on Finance, on Health, Education, Labor, and Pensions, and on Appropriations of the Senate;

(ii)

the Committees on Ways and Means, on Education and Labor, and on Appropriations of the House of Representatives;

(iii)

the President of the National Academy of Sciences; and

(iv)

the President of the United States.

(B)

Approvals required; inclusion of minority views

(i)

Approvals required

The Commission may not issue the final report without the approval of at least 10 Commission members.

(ii)

Inclusion of minority views

The Commission may include a minority view in the final report.

(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.

(c)

Format of publications; timing; accessibility

(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.

(2)

Timing

The Commission shall cause to have published the information described in paragraph (1)—

(A)

on the Internet website of the Department of Education, within 15 days after preparation of the information; and

(B)

in print, within 60 days after preparation of the information.

(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.

10.

Termination of Commission

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

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.

(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:

(1)

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

(2)

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

12.

Federal Advisory Committee Act not to apply

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

13.

Definitions

In this Act:

(1)

Education

The term education means learning occurring in public schools in the United States from pre-kindergarten through the 12th grade, including homeschooling.

(2)

Educational equity

The term educational equity means the educational policies, and practices necessary to—

(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;

(B)

foster the maximum development of the potential of each student; and

(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.

(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.