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.
Short title
This Act may be cited as the
The Educational Opportunity and Equity
Commission Act of 2009
.
Findings; sense of the Congress
Findings
The Congress finds the following:
There are vast disparities in the educations provided by schools throughout the United States.
The educational disparities are reinforced by funding disparities, such as the following:
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.
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.
The schools of the United States do not meet the educational needs of all students, despite the wealth of the Nation.
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.
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
).
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:
Ensuring that a school receives adequate resources to meet the educational needs of each student in the school.
The methods available, or that need to be developed, to determine the educational needs of a student.
Identifying and devising innovative strategies for State and local educational agencies to—
enable each student to achieve his or her maximum academic potential; and
participate in reforming the methods by which schools are funded, to achieve educational equity.
Membership of Commission
Number and appointment
The Commission shall be composed of 15 members, as follows:
The Secretary of
Education (in this Act referred to as the Secretary
).
Fourteen individuals appointed by the Secretary, in collaboration with the President of the National Academy of Sciences, in accordance with subsection (b).
Criteria for selection
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—
who submit an application as the Secretary shall require; and
who are any of the following:
A student.
A parent or guardian of a student.
An individual familiar with special education.
An officer of a State educational agency.
A teacher.
A principal or school administrator.
A school board member
A businessperson.
A college or university professor of education.
An expert in—
educational equity;
civil rights law;
constitutional law;
educational policy;
school finance;
economics;
taxation;
land use or zoning law; or
any other field the Commission considers relevant.
An individual with relevant experience or knowledge.
Diversity
In making the appointments, the Secretary shall ensure that the Commission represents the geographical, economic, and cultural diversity of the United States.
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.
Terms of appointed Commission members
A Commission member appointed under subsection (a)(2) shall be appointed for the life of the Commission.
Vacancies
How filled
A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
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.
Compensation
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).
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.
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.
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.
Taking action
The Commission may take action at a meeting only by a majority vote of the Commission members present at the meeting.
Rules of procedure
Within 15 days after the designation of the chairperson, the Commission shall adopt rules of procedure.
Commission operations
Executive Director; staff
Appointment of Executive Director
The chairperson shall appoint an Executive Director of the Commission.
Hiring of staff
The Commission may hire additional personnel as the Commission considers appropriate.
Compensation of Executive Director and staff
Subject to section 11(b)(1), the Commission shall pay—
the Executive Director at the annual rate of basic pay for level III of the Executive Schedule; and
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.
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.
Staff of Federal agencies
On request of the Commission, to assist the Commission in carrying out the duties of the Commission—
the Secretary may detail to the Commission not more than 10 personnel of the Department of Education;
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
a total of not more than 10 personnel may be detailed to the Commission under paragraph (2).
Powers of Commission
Hearings and sessions
To carry out the duties of the Commission—
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
the Commission may, as the Commission considers appropriate, sit and act, take testimony, and receive evidence.
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.
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.
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.
Contract authority
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.
Duration
The Commission may not enter into a contract if the terms of the contract extend beyond the date the Commission terminates.
Authority To accept voluntary services
In general
Notwithstanding section 1342 of title 31, United States Code, the Commission may accept the service of a volunteer.
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.
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:
Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries.
Chapter 11 of title 18, United States Code, relating to conflicts of interest.
Chapter 171 of title 28, United States Code, relating to tort claims.
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.
Public engagement and community outreach programs
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.
Methods
The outreach programs shall, to the maximum extent possible, include the following:
Meetings.
Surveys.
Telephone polls.
Conference calls.
Internet messaging and forums.
Electronic mail.
Requirements
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.
Public events
Any event the Commission conducts as part of an outreach program shall be open to the public.
Conduct of outreach programs
In conducting an outreach program:
Chair
The chairperson shall designate 1 Commission member to serve as the chair of an event that is part of the program.
Issues
The chair shall endeavour to have the attendees address the following issues:
The benefits to the United States of investing in enabling each student to achieve his or her maximum academic potential.
How to ensure that each student achieves his or her maximum academic potential.
How to establish educational equity for all students.
How to determine the educational needs of a student.
How to evaluate the effectiveness of a school in meeting the educational needs of a student at the school.
The methods by which schools should be funded.
Participation
The Commission shall encourage broad participation in the program by any reasonable means the Commission considers appropriate.
Reports and other publications of Commission
Quarterly reports
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.
Submission
The Commission shall submit each such report to each entity referred to in subsection (b)(4)(A) and make the report widely available.
Final report
Content
The final report of the Commission shall include the following:
Discharge duties of Commission
The findings and conclusions of the Commission on the matters described in section 4.
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.
Other topics to be addressed
A summary of the following:
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.
The unmet educational needs of students, and the benefits of providing the necessary support to enable schools meet their needs.
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.
Information concerning the cost of education in different settings, with consideration of variations in geography, needs of student populations, and concentrations of student populations.
The methods by which schools are and should be funded.
Publication of draft report
Within 480 days after the designation of the chairperson, the Commission shall publish a draft of the final report.
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.
Issuance of final report
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—
the Committees on Finance, on Health, Education, Labor, and Pensions, and on Appropriations of the Senate;
the Committees on Ways and Means, on Education and Labor, and on Appropriations of the House of Representatives;
the President of the National Academy of Sciences; and
the President of the United States.
Approvals required; inclusion of minority views
Approvals required
The Commission may not issue the final report without the approval of at least 10 Commission members.
Inclusion of minority views
The Commission may include a minority view in the final report.
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.
Format of publications; timing; accessibility
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.
Timing
The Commission shall cause to have published the information described in paragraph (1)—
on the Internet website of the Department of Education, within 15 days after preparation of the information; and
in print, within 60 days after preparation of the information.
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.
Termination of Commission
The Commission shall terminate 45 days after issuing the final report under section 9(b)(4).
Limitations on authorization of appropriations
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.
Limitations on use of funds
To the extent or in the amounts provided in advance in appropriation Acts, the Commission may do the following:
Pay compensation under sections 5(e)(1) and 6(b).
Enter into contracts with and compensate a government or private agency or person for the conduct of activities, under section 7(e).
Federal Advisory Committee Act not to apply
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
Definitions
In this Act:
Education
The term education means learning occurring in public schools in the United States from pre-kindergarten through the 12th grade, including homeschooling.
Educational equity
The term educational equity means the educational policies, and practices necessary to—
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;
foster the maximum development of the potential of each student; and
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.
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.