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H.R. 5 Amendments (113th Congress, 2013)
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Updates and information on Chairman Kline’s bill can be found here. The same page has Committee-prepared materials on the Kline bill as well, including summaries and bill text.

Updates and information on the Miller Substitute Amendment can be found here

An archived webcast of the Floor debate can be found at here

Substitute Amendment

To start the amendment process, Chairman Kline offered a substitute manager’s amendment that included technical fixes to the original H.R. 5 as well as language from amendments that were offered and then withdrawn. The manager’s amendment was accepted on a voice vote.

Twenty (20) additional amendments were offered before the House adjourned for the evening. A chart summarizing these amendments as well as the status of each is found below.

STATUS OF AMENDMENTS TO H.R. 5 Offered July 18, 2013

 

Kline (R-MN), Rokita (R-IN) - Amendment No. 1 (Managers Amendment) - Clarifies that a state opting not to receive funds for a program under the Act shall not be required to carry out any of the requirements of such program and that states and school districts can support civics education efforts, and makes other technical improvements.

Outcome: Passed

 

Young (R-AK), Gabbard (D-HI), Hanabusa (D-HI), McCollum (D-MN) - Amendment No. 2 - Restores, and make policy improvements to, educational support programs for American Indian, Alaska Native, and Native Hawaiian students which are currently authorized under Title VII of the Elementary and Secondary Education Act and would be diminished by HR 5, the Student Success Act.

Outcome: Passed

 

Cárdenas (D-CA) - Amendment No. 3 - Increases the authorized funding level to 775,000,000 until FY 2019.

Outcome: Withdrawn

 

Luetkemeyer (R-MO) – Amendment No 4 - Expresses the sense of the Congress that States and local education agencies should maintain the rights and responsibilities of determining curriculum and assessments for elementary and secondary education.

Outcome: Passed

 

Jackson Lee (D-TX) – Amendment No. 5 - States that if funding for awards to states is not sufficient then funding will be targeted to schools serving neglected, delinquent, migrant students, English learners, at-risk-students, and Native Americans, to increase academic achievements of students

Outcome: Passed

 

Bentivolio (R-MI) – Amendment No. 6 - Requires State educational agencies to consult with private sector employers and entrepreneurs as part of its education plan. It also requires the Secretary to have representatives from private sector employers appointed to the peer-review process by reducing practitioners from 75 percent to 65 percent.

Outcome: Passed

 

McMorris Rodgers (R-WA) – Amendment No. 7 - Reinstates the 1 percent cap as it relates to students with the most significant cognizant disabilities participating in the alternate assessments; ensures alternate assessments are tied to academic content standards for grade in which student enrolled; and ensures parents are involved in the development of assessments as it relates to the student's individualized education program.

Outcome: Withdrawn

Reed (R-NY), McKinley (R-WV), Owens (D-NY) – Amendment No. 8 - Clarifies that LEA’s and SEA’s are able to use multiple measures when identifying academic performance measurements instead of the current one-size-fits-all testing assessments.

Outcome: Passed

 

Benishek (R-MI) – Amendment No. 9 Encourages states to include the number of students attaining career and technical education proficiencies enrolled in public secondary schools, in its annual State report card. This information is already required to be collected by the Perkins Act, and would simply streamline access to information to the public.

Outcome: Passed

 

Heck (R-NV) – Amendment No. 10 - Provides LEAs with the option of entering into partnerships or contracts with other entities to implement programs that serve youth in, or transitioning out of, institutions and correctional facilities, and youth at-risk of dropping out of school. This would provide LEAs with the option to partner with organizations that have the existing experience and resources to enhance the effectiveness of services provided by school districts to vulnerable populations through the Neglected/Delinquent program in an integrated fashion.

Outcome: Passed

 

Schock (R-IL), Meehan (R-PA) – Amendment No. 11 - Ensures that greater authority and governance are restored to local educational agencies as delegated by their States. It also ensures that the Secretary of Education does not impose any additional requirements or burdens on local educational agencies unless explicitly authorized by federal law.

Outcome: Passed

 

Scalise (R-LA), Bishop (R-UT) – Amendment No. 12 - States that under Title II in H.R. 5, there would be no federal mandate for States to conduct teacher evaluations.

Outcome: Passed

Moore (D-WI), Wilson (D-FL) – Amendment No 13 - Delays implementation of new Title II formula until the Secretary of Education determines that the implementation will not reduce funding for schools serving high percentages of students in poverty.

Outcome: Passed

Bishop (R-UT) – Amendment No. 14 - Eliminates Subsection C of Section 2111, which allows grant money to bypass states and go directly from the Department of Education to local districts.

Outcome: Passed


Tonko (D-NY) – Amendment No. 15 - Reserves 10% of existing grant funding under the Teacher and Principal Training and Recruiting Fund for competitive sub grants that would allow organizations with STEM expertise to provide STEM professional development and instructional materials throughout the state for elementary and secondary education.

Outcome: Withdrawn

Brooks (R-IN), Polis (D-CO) – Amendment No. 16 - Clarifies that federal funds may be used for computer science education.

Outcome: Passed

Polis (D-CO), Petri (R-WI) – Amendment No. 17 - Allows charter schools to use grant funds for teacher preparation, professional development, and improving school conditions; ensures that charter schools expand outreach to low-income and underserved populations.

Outcome: Passed

Velázquez (D-NY) – Amendment No. 18 - Requires that applicants consider how to target their services to low-income students and parents, including low-income students and parents who are not proficient in English.

Outcome: Passed

Mullin (R-OK) – Amendment No. 19 - Strikes language in the bill that allows consolidated districts to be eligible for payment if they do not qualify after consolidation; strikes language allowing for mid-year adjustment for student counts; makes the 8007 Construction Program a competitive grant program.

Outcome: Withdrawn


Garrett (R-NJ) – Amendment No. 20 - Clarifies that states that opt out of receiving funds, or are not awarded funds, under this Act are not required to carry out any of the requirements of the programs under this Act. The amendment also clarifies that states are not required to participate in any program under this Act.

Outcome: Withdrawn

 

Broun (R-GA) – Amendment No. 21 - Requires the Secretary of Education to include in their report to Congress the average salary of employees who were determined to be associated with eliminated or consolidated programs or projects by the underlying legislation and a report on the average salaries of the employees of the Department according to their job function.

Outcome: Passed

STATUS OF JULY 19 AMENDMENTS TO H.R. 5

 

Culberson (R-TX) – Amendment No. 22 - Empowers States by giving them the opportunity to accept or reject federal grant money. Grant money rejected by State legislatures would be dedicated to paying off our outstanding national debt.

Outcome: Passed

 

Fitzpatrick (R-PA), Meehan (R-PA) – Amendment No. 23 - Provides a funding condition for state or local educational agency to be eligible for funds, agency personnel cannot facilitate the transfer of an employee if they know, or have probable cause to believe, that the employee has engaged in sexual misconduct with a minor. Agencies must also require employees be subjected to background checks in compliance with the Adam Walsh Child Protection and Safety Act.

Outcome: Passed


Jackson Lee (D-TX) – Amendment No. 24 - Creates a report containing recommendations regarding the advisability of authorizing a state education authority to close a school district over the opposition of a locally elected school board, and regarding best practices governing the exercise of authority by a state education agency in monitoring, supervising and controlling under-performing school districts with particular emphasis on rural and underserved school districts.

Outcome: Failed

Cantor (R-VA), Bishop (R-UT) – Amendment No. 25 - Allows Title I funds to follow students to other public schools or charter schools, upon the state opting to allow it.

Outcome: Passed

 

Miller, George (D-CA) – Amendment No. 26 – (Amendment in the Nature of a Substitute) - Reauthorizes the Elementary and Secondary Education Act to maintain the civil rights and equity focus of the law and to ensure all students have access to an education that prepares them for college and the workforce. Supports all students, and in particular those who are historically disadvantaged, through access to high quality state-developed standards, a meaningful but flexible accountability and school improvement system, improved and targeted professional development and working conditions for teachers and school leaders, additional learning time and after-school programs, and dedicated supports for wrap-around services for students and a well-rounded education.

Outcome: Failed

 

Kuster, Ann (D-NH) – Motion to Recommit – Amends H.R. 5 to include protections for individuals with autism and other disabilities from abusive seclusion and restraint practices; requires thorough background checks for all school personnel to protect from sexual predators; and requires information be distributed to all school athletes, coaches and administrators on how to prevent and protect against concussions.

Outcome: Failed

 

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