COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE. SUMMARY OF ACTION TAKEN ON AMENDMENTS EXECUTIVE SESSION October 19-20, 2011

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1 COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE SUMMARY OF ACTION TAKEN ON AMENDMENTS EXECUTIVE SESSION October 19-20, 2011 S., Elementary and Secondary Education Reauthorization Act of 2011 Manager s Amendment Harkin 2 To make technical amendments to the ESEA Agreed to by unanimous consent (Co-sponsor: Enzi) Reauthorization Act of 2011 Burr I:1 To amend title I by striking the reservation for Not agreed to by a vote of 9-13 accountability and support Ayes: Alexander, Burr, Isakson, Paul, Hatch(p), McCain(p), Roberts, Murkowski, Kirk Nays: Harkin, Mikulski, Bingaman(p), Murray(p), Sanders, Casey, Hagan, Merkley, Franken, Bennet, Whitehouse, Blumenthal, Enzi Franken I:5 To provide a rule of construction on the Agreed to by voice vote (Co-sponsor: Bennet) comparability of services and transfer of school personnel Bennet I:1 To set ambitious, but achievable, performance Withdrawn (Co-sponsors: Hagan, Franken targets in the subjects included in the State s and Bingaman) accountability system to ensure that all students achieve college and career readiness Burr I:2 To amend section 1116 of the ESEA of 1965 Withdrawn regarding the school improvement strategies

2 Isakson I:2 To provide appropriate alternatives for assessing Not agreed to by a vote of 8-14 students with disabilities, consistent with the decision-making process of the individualized McCain(p), Roberts(p) education programs Blumenthal I:1 To amend the ESEA of 2011 to provide for a deferral Withdrawn (as modified) relating to State assessments if certain appropriation thresholds are not met Blumenthal I:2 To provide work-based opportunities for students Withdrawn -2- Ayes: Enzi, Alexander, Burr, Isakson, Paul, Hatch (p) Nays: Harkin, Mikulski(p), Bingaman, Murray(p), Sanders Casey(p), Hagan, Merkley, Franken, Bennet, Whitehouse, Blumenthal, Murkowski, Kirk Murkowski I:1 To provide flexibility to teachers of American Indian, Agreed to by voice vote Alaska Native, or Native Hawaiian language or culture and teachers who are Native elders or other authorities on American Indian, Alaska Native, or Native Hawaiian history who provide instruction in such subjects Murray I:3 To require cross-tabulation of data Agreed to by voice vote (Co-sponsor: Blumenthal) Alexander I-II-IV-IX:2 To eliminate the Federal highly qualified teacher Withdrawn requirement in the ESEA of 1965 in favor of Statedetermined certification or licensure Hagan I:1 To amend section 1116 regarding expanded learning Withdrawn time and the use of the school turnaround strategy

3 Hagan I:2 To amend title I to provide criteria for the Agreed to by voice vote replacement of a principal as part of a school turnaround strategy Paul All Titles:1 To repeal the No Child Left Behind Act of 2001 Not agreed to by a vote of 3-17 Ayes: Burr(p), Paul, Hatch Nays: Harkin, Mikulski(p), Bingaman, Murray(p), Sanders, Casey, Hagan(p), Merkley, Franken, Bennet, Whitehouse, Blumenthal, Enzi, Alexander, Isakson, Murkowski, Kirk Not voting: McCain, Roberts Sanders I:1 To increase support for out of school youth Agreed to by voice vote Casey I:1 To assist States in making voluntary high quality Withdrawn (Co-sponsors: Franken, Sanders) universal prekindergarten programs available to 3- to 5-year olds for at least 1 year preceding Kindergarten Casey I:2 To review, and revise or create, as necessary, the Withdrawn (Co-sponsor: Sanders) State s early learning guidelines for young children and the State s standards for children in kindergarten through grade 3 Paul All Titles:2 To prohibit the enforcement of any mandates Not agreed to by a vote of 1-20 (as modified) Ayes: Paul Nays: Harkin, Mikulski(p), Bingaman(p), Murray(p), Sanders(p), Casey, Hagan(p), Merkley, Franken, Bennet, Whitehouse(p), Blumenthal(p), Enzi, Alexander(p), Burr, Isakson(p), Hatch(p), McCain(p),Roberts(p),Murkowski Not voting: Kirk Franken I:2 To amend the ESEA of 1965 in order to allow Agreed to by voice vote (Co-sponsor: Bennet) computer adaptive assessments

4 -4- Alexander I-VI:1 To amend the ESEA of 2011 to remove mandates, Withdrawn requirements, and definitions for the identification of student achievement gaps by States and local educational agencies Alexander I:3 To amend the ESEA of 2011 to remove mandates, Withdrawn requirements, and definitions for the continuous Improvement of students and schools Hagan I:3 To amend part B of title I to ensure that post Agreed to by a vote of (Co-sponsor: Sanders) secondary credits are earned at no cost to the Ayes: Harkin, Mikulski(p), Bingaman(p), Murray(p), student Sanders(p), Casey, Hagan, Merkley(p) Franken, Bennet, Whitehouse, Blumenthal Nays: Enzi, Alexander, Burr(p), Isakson(p), Paul(p), Hatch(p), McCain(p), Roberts(p), Murkowski(p), Kirk Murkowski I:3 To provide a special rule for highly qualified Agreed to by a vote of 20-0 teachers in small, rural, or remote schools Franken I:4 To amend the ESEA of 1965 to establish a grant Withdrawn program for the educational stability of children in foster care Ayes: Harkin, Mikulski(p), Bingaman(p), Murray(p) Casey(p), Hagan(p), Merkley, Franken, Bennet(p), Whitehouse, Blumenthal, Enzi, Alexander, Burr, Isakson, Paul, Hatch(p), Roberts(p), Murkowski, Kirk(p) Not voting: Sanders, McCain

5 Franken I:3 To amend title I of the ESEA of 1965 to provide Agreed to by a vote of 13-9 For the educational stability of children in foster Care, and for other purposes. -5- Ayes: Harkin, Mikulski(p), Bingaman, Murray(p), Sanders(p), Casey(p), Hagan(p), Merkley, Franken, Bennet, Whitehouse, Blumenthal, Murkowski Nays: Enzi, Alexander, Burr, Isakson, Paul, Hatch(p) McCain(p), Roberts(p), Kirk(p) Alexander I:5 To amend the ESEA of 2011 to allow for a State Agreed to by a vote of 15-7 (as modified) flexibility improvement strategy for persistently Ayes: Bingaman, Sanders, Merkley, Franken, Whitehouse, low-achieving schools Enzi, Alexander, Burr, Isakson, Paul, Hatch(p), McCain(p), Roberts(p), Murkowski, Kirk(p) Nays: Harkin, Mikulski(p), Murray(p), Casey(p), Hagan(p) Bennet, Blumenthal Blumenthal I:3 To amend section 1201 of the ESEA of 1965 in Agreed to by voice vote (Co-sponsor: Sanders) order to include information about students are over-aged or under-credited Murkowski I:2 To provide for school dropout prevention Withdrawn Bingaman II:1 To amend title II of the ESEA of 1965 relating to Agreed to by voice vote (Co-sponsors: Murray, Blumenthal) achievement through technology and innovation Franken II:1 To recruit, support, and prepare principals to Agreed to by voice vote (Co-sponsor: Bennet) improve student academic achievement at eligible schools Alexander I:4 To improve the peer review process of State Withdrawn plans under title I and for other purposes.

6 Alexander I-6 To amend the ESEA of 2011 to require local Agreed to by voice vote educational agencies to provide students in persistently low-achieving schools with public school choice options Burr II-IV:1 To amend the ESEA of 1965 to provide State Not agreed to by voice vote educational agencies and local educational agencies with flexible Federal education funding that will allow such State and local educational agencies to locally determined programs and initiatives that meet the varied and unique needs of individual States and localities -6- Sanders I-II:2 To increase student access to highly qualified teachers Not agreed to by a vote of 3-18 Ayes: Murray(p), Sanders, Merkley Nays: Harkin, Mikulski, Bingaman(p), Casey, Hagan, Franken, Bennet, Whitehouse(p), Blumenthal, Enzi, Alexander, Burr, Isakson, Paul, McCain(p), Roberts(p), Murkowski, Kirk Not voting: Hatch Sanders IX:3 To amend the definition of highly qualified teacher Not agreed to by a vote of 1-20 Ayes: Sanders Nays: Harkin, Mikulski, Bingaman(p), Murray(p), Casey, Hagan, Merkley, Franken, Bennet, Whitehouse(p), Blumenthal, Enzi, Alexander, Burr, Isakson, Paul, McCain(p), Roberts(p), Murkowski, Kirk Not voting: Hatch Burr II:2 To amend title II of the ESEA of 1965 regarding Agreed to by a vote of 14-8 the allotment formula Ayes: Hagan, Merkley, Franken, Bennet, Whitehouse, Enzi, Alexander, Burr, Isakson, Paul, Hatch(p), McCain(p), Murkowski, Kirk Nays: Harkin, Mikulski, Bingaman(p), Murray(p), Sanders(p), Casey, Blumenthal, Roberts

7 Blumenthal II:1 To support national activities relating to gifted Agreed to by voice vote (Co-sponsors: Mikulski, Casey) and talented students (Kirk added as cosponsor by UC) -7- Roberts V:1 To amend title V by eliminating the Race to the Withdrawn (Paul;Hatch added as cosponsors by UC) Top program Bennet II:1 To amend title II in order to allow States to Agreed to by voice vote (Co-sponsor: Alexander) establish, expand, or implement teacher or principal preparation academies Paul IX:21 To exempt special education teachers from the Not agreed to by a vote of (as modified) definition of Highly Qualified Teacher (HQT) Ayes: Enzi, Alexander(p), Burr, Isakson, Paul, Hatch(p) McCain(p), Roberts(p), Murkowski, Kirk(p) Nays: Harkin, Mikulski(p), Bingaman, Murray(p), Sanders(p), Casey, Hagan(p), Merkley, Franken, Bennet, Whitehouse(p), Blumenthal Burr V:1 To amend part D of title V in order to provide Not agreed to by a vote of waiver authority for certain requirements relating to charter schools Hagan IV:4 To amend title IV of the ESEA of 1965 to support Withdrawn (Co-sponsors: Murray, Merkley) financial literacy Ayes: Enzi, Alexander(p), Burr, Isakson(p), Paul, Hatch(p) McCain(p), Roberts(p), Murkowski, Kirk(p) Nays: Harkin, Mikulski(p), Bingaman(p), Murray(p), Sanders(p), Casey, Hagan, Merkley, Franken, Bennet, Whitehouse, Blumenthal Murkowski VII:1 To amend title VII of the ESEA of 1965 relating to Agreed to by voice vote Alaska Natives

8 -8- Casey IV:1 To amend the ESEA of 1965 to improve student Agreed to by voice vote (Co-sponsors: Murray, Mikulski, achievement by giving students increased access and Merkley) to high-quality instruction for a well-rounded education Murray X:1 To set the United States on track to ensure Withdrawn children are ready to learn when they begin kindergarten Murray I:2 To ensure that programs under title I of the Withdrawn (as modified) ESEA of 1965 support innovative instructional methods that rely upon educational technology Hagan IX-5 To amend the definition of highly qualified Agreed to by voice vote teacher in title IX of the Act in order to allow States to deem teachers in teacher exchange visitor programs to be highly qualified teachers Whitehouse IV:1 To amend title IV of the ESEA of 1965 in order Withdrawn To support effective school library programs Whitehouse IV:3 To amend provisions relating to 21 st Century Agreed to by voice vote (as modified) Community Learning Centers Burr IV:1 To amend title IV regarding the Promise Not agreed to by voice vote (offered by Sen. Kirk) Neighborhoods program

9 -9- Franken Blank Title:1 Student Non-Discrimination Act of 2011 Withdrawn (Co-sponsors: Bennet, Casey and Murray) Casey IV:2 To provide for safe and healthy schools Withdrawn Bennet X:1 To establish an Advanced Research Projects Agreed to by voice vote (Co-sponsors: Blumenthal, Murray) Agency-Education Bennet XI-1 To establish the Commission on Effective Agreed to by voice vote (Co-sponsor: Alexander) Regulation and Assessment Systems for Public Schools Vote on final passage of Manager s Amendment, as amended: Agreed to by a vote of 15-7 Ayes: Harkin, Mikulski, Bingaman, Murray, Sanders, Casey, Hagan, Merkley, Franken, Bennet, Whitehouse, Blumenthal, Enzi, Alexander(p), Kirk Nays: Burr, Isakson, Paul(p), Hatch(p), McCain(p), Roberts(p), Murkowski