The House Education and the Workforce Committee is scheduled to continue on April 12 with a mark-up of a bill (H.R. 4141) to complete its reauthorization of the Elementary and Secondary Education Act (ESEA). The committee spent April 5 and 6 debating the measure, which comprises all K-12 programs that the committee has not yet considered in its reauthorization effort.
Last reauthorized in 1994, the ESEA funds all federal education programs. Education and the Workforce Committee Chair Bill Goodling (R-PA) has been moving his chamber’s package through the committee as several separate bills, while Senate Health, Education, Labor, and Pensions Committee Chair James Jeffords (R-VT) has moved his chamber’s version as one bill (S. 2).
So far, the House has approved three reauthorization measures (H.R. 2, H.R. 1995, H.R. 2300). Two more bills (H.R. 3222, H.R. 3616) have been approved by the House committee. In addition, the Senate committee approved S. 2 on March 7.
Opening the mark-up, Rep. Goodling said his goal for the ESEA is “to improve the quality of the programs,” and “put the priority on children rather than federal agencies.” The bill would reauthorize the Safe and Drug Free Schools Act and other programs related to drug and violence prevention, technology programs, programs designed to encourage innovation in education, arts programs, civics education programs, and charter school programs.
The bill would allow states and school districts to transfer funds between education programs that receive federal funds based on a formula. Currently, formula program funding must be used for the specific program to which it is allocated. As introduced, H.R. 4141 would have allowed school districts to transfer up to 30 percent of the funds from one program to another without special approval by the state. On April 5, the committee approved, by voice vote, an amendment by Rep. Peter Hoekstra (R-MI) to increase that threshold to 35 percent. In addition, the bill would allow the transfer of 100 percent of funds if special permission is given by the state.
The provision would also bar school districts from transferring funds out of programs administered under the ESEA’s Title I, which pertains to disadvantaged and low-income students. However, funds could be transferred from other programs into Title I programs.
Much of the contentious mark-up has focused on this provision, which several Members described as “a mini block grant.” Supporters of the approach assert that it would grant needed flexibility to states and school districts, while opponents are concerned that it would not ensure funds are properly used to benefit the students most in need.
Democratic opponents of the bill have also expressed concern that it does not continue a provision in current law that gives the U.S. Department of Education the authority to develop and support anti-bias and hate crimes prevention programs.
A substitute amendment offered by committee ranking member William Clay (D-MO) would have removed the block grant provision and bolstered several Democratic education priorities, such as the President’s initiative to hire 100,000 new teachers and school construction funding. The substitute also would have authorized $5 million annually for anti-bias and hate crimes prevention programs.
While the substitute was defeated, 21-27, along party lines, committee Democrats have continued to offer amendments reflecting several of the substitute’s provisions. The votes on those amendments have fallen mostly along party lines, as the mark-up continues to reflect the philosophical differences between Republicans and Democrats on education policy. During the debate, Rep. Clay has repeatedly pointed out that the President shares the Democrats’ concerns and intends to veto the measure if it reaches his desk.
On April 6, the committee considered several amendments related to gun control. Under H.R. 4141, schools would receive authority to install metal detectors and conduct locker searches as part of an effort to reduce the prevalence of guns and drugs in schools.
Rep. Carolyn McCarthy (D-NY) offered an amendment to regulate sales of firearms at gun shows and to require trigger locks on handguns. Both provisions were included in the Senate’s version of a juvenile justice bill (S. 254) that currently is stalled in conference. Rep. Goodling, calling on the committee to “remember that this is not a gun bill,” ruled the amendment out of order. His ruling was sustained on a party-line vote of 28-17.
Rep. McCarthy offered another amendment to require gun safety education in schools and to require trigger locks on handguns. Rep. Goodling then offered a second-degree amendment to allow school districts with high expulsion rates to study the impact of trigger locks on school safety. Rep. Goodling’s version was approved, 25-21.
Rep. Charles Norwood (R-GA) offered an amendment allowing school districts to punish disabled students in the same way as other students for possessing weapons in school. Several Democrats objected to the amendment, favoring current provisions that mandate additional education for disabled students before expelling them. The amendment was accepted, 28-17.
When the mark-up resumes on April 12, at least 20 more amendments are expected.
