PASSED !!: HR 3021, the 21st Century High-Performing Public School Facilities Act of 2008 PDF Print E-mail

Federal Funding for Healthier,

High-Performance Schools!


June 4th, 2008, with an overwhelming majority, HR 3021, the 21st Century High-Performing Public School Facilities Act of 2008 passed in the US House of Representatives. To see how your US representative voted, click here. Read the Press Release, below, from the US House of Representatives Committee on Education and Labor.

To watch the YouTube video of Chairman George Miller speaking about this bill in Congress, and to leave a message for the Education and Labor Committee (this is their YouTube site), click here.

This bill, if signed into law, has the potential to significantly contribute to healthier schools for your children and school staff, across the nation!

"H.R.3021
Title: To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes." ( from http://thomas.loc.gov)


IF YOU LIKE WHAT YOU READ HERE, YOU WILL REALLY LIKE OUR SMH PREMIUM  CONTENT ... TO LEARN MORE, CLICK HERE ! YOUR SUPPORT HELPS US EDUCATE THE NATION AND FIND SOLUTIONS!

 

 

This bill will provide funding to repair existing schools or build high-performing schools to replace those in poor, unhealthy condition.

We are often asked, "What do teacher unions do to ensure a safe workplace?". Several AFT union email action alert notices (reproduced below) and the AFT study conducted about the condition of school buildings are representative of some activities the AFT (AFT e-activist Network) engages in to help make school buildings safer for its members and your children.

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House passes Hastings amendment to protect students from mold in schools

by David Goldenberg
Westside Gazette
Originally posted 6/11/2008

WASHINGTON, DC – The U.S. House of Representatives recently overwhelmingly passed an amendment to H.R. 3021, the 21st Century Green High-Performing Public School Facilities Act authored by U.S. Representative Alcee L. Hastings (D-Miramar) which will protect students in Florida and throughout the nation from the dangers of mold and mildew in schools.

“When your learning environment is the source of your illness, you can’t even begin to think about academics,” remarked Representative Hastings. “Clearly, our students should not have to sacrifice their health and well-being to receive an education. Years of disinvestment in our educational system have led to unmanageable school sizes and patchwork facilities which disregard the health implications for students. Today, we will fix that oversight.”

Considerable research has shown that exposure to mold and mildew, as well as other contaminants that compromise indoor air quality, can cause adverse health conditions which interrupt the learning process among students. These poor air quality conditions can be particularly pronounced in portable school units often found at overflowing schools throughout Florida and the nation. The Hastings Amendment to H.R. 3021 al-lows federal funds to be used for mold and mildew abatement in schools.

The 21st Century Green High-Performing Public School Facilities Act directs the Secretary of Education to make grants and low-interest loans to local educational agencies for the modernization and repair of public school facilities, encourages the building of “green schools,” and establishes funding for the repair of schools damaged by Hurricanes Katrina and Rita.

The Hastings Amendment was rolled into the Manager’s Amendment offered by the Chairman of the Early Childhood, Elementary, and Secondary Education Subcommittee, Representative Dale Kildee (D-Mich.). H.R. 3021 is expected to pass the House later week and will then await consideration by the Senate.

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Read the AFT announcements including a notice to its members, a Press Release about HR 3021, and the full information about this bill, including its full text, reproduced and through links, below. (SMH). To visit the AFT YouTube site and watch an AFT video about  Building Minds, Minding Buildings, detailing the problem of deteriorated schools, click here.


Committee on Education and Labor, US House of Representatives 

Press Releases

 

House Approves Legislation to Modernize America’s Public School Buildings
Bill Would Help Improve Education, Revive Struggling Construction Industry, and Fight Global Warming

 

 

Wednesday, June 4, 2008

 

 

 

 

 

WASHINGTON, DC -- Public school buildings around the country would receive much-needed renovations and modernization under legislation approved today by the U.S. House of Representatives.

By a vote of 250 to 164, the House passed the 21st Century Green High-Performing Public School Facilities Act (H.R. 3021), which provides funding to states and school districts to help ensure that school facilities and learning environments are safe, healthy, energy efficient, environmentally friendly, and technologically up-to-date. The bill would also provide additional support for Gulf Coast schools still recovering from Hurricanes Katrina and Rita.

“Substandard conditions in many schools make it harder for teachers to teach and children to learn,” said U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee. “We must invest in making every school building a place that communities can be proud of and where children will be eager to learn. This legislation begins to make that investment, and at the same time, it boosts the economy by creating new construction jobs and helps the environment by making our schools more energy efficient. This legislation is a win for children, workers, and the planet.”

“This bill would help our teachers teach and our students learn, create jobs, and protect the environment,” said U.S. Rep. Dale E. Kildee (D-MI), the chairman of the House Subcommittee on Early Childhood, Elementary and Secondary Education. “And, by providing the resources to ensure that students, teachers and principals have safe, healthy, modern, energy efficient, and environmentally friendly learning spaces, this bill would send children the message that we truly value every one of them.”

“I am so thrilled that Congress made this crucial investment today in education, our children and our future,” said U.S. Rep. Ben Chandler (D-KY), who introduced the legislation. “This bill is a home run. Not only will it provide vital money for our nation’s struggling schools, it will help the environment and stimulate the economy, creating jobs that cannot be shipped overseas.”

“The condition of our nation’s school facilities can have an immense impact on the ability of our children to learn and the quality of education they receive,” said U.S. Rep. Dave Loebsack (D-IA), a member of the Education and Labor Committee.  “By improving our schools and making upgrades using green technology, this legislation will create new jobs and help improve student health, learning ability, and productivity.  I am proud to have worked with Chairman Miller, Mr. Kildee, and Mr. Chandler to make certain a significant federal investment is made to improve, repair and rebuild our nation’s crumbling schools.”

A number of studies in recent years have estimated the necessary investment to bring all schools into good condition. In 2000, the National Center for Education Statistics said it would take a $127 billion investment, concluding that 75 percent of schools were in various stages of disrepair. Last month, the 21st Century School Fund called for a $140 billion federal investment in school facilities to bring all school districts up to the level of the highest-income districts, followed by an ongoing, annual federal investment.

While Congress provided $1.2 billion in funding for emergency school repairs in 2001 and provided additional resources for schools devastated by Hurricanes Katrina and Rita, the Bush administration has not provided direct funding for general school construction in any of its budgets over the last eight years. As a result, schools have been forced to rely mostly on state and local funding for any repair or renovation projects.

H.R. 3021 authorizes $6.4 billion for school renovation and modernization projects for fiscal year 2009. To further encourage energy efficiency and the use of renewable resources in schools, the bill would require that the majority of funds for school modernization be used to support projects that meet widely recognized green building standards.

In addition, the legislation would help boost the economy by creating jobs in the nation’s construction industry, one of the industries hit hardest by the recent economic downturn. The legislation would ensure fair pay for workers by applying Davis-Bacon prevailing wage protections to all grants awarded for school improvement projects.

In the Gulf Coast, where public schools still face hundreds millions of dollars in unmet need in the aftermath of Hurricanes Katrina and Rita, the legislation would authorize additional, separate funds – half a billion dollars over five years.

For more information on H.R. 3021, click here.

The 21st Century High-Performing Public School Facilities Act is supported by a broad coalition of organizations, including the AFL-CIO, the American Federation of State, County, and Municipal Employees, the American Federation of Teachers, the American Association of School Administrators, the Building and Construction Trades Department of the AFL-CIO, the California Small School Districts Association, Californians for School Facilities, the Council of the Great City Schools, the Green Building Initiative, the International Brotherhood of Electrical Workers, the International Union of Bricklayers and Allied Craftworkers, the International Union of Operating Engineers, the International Union of Painters and Allied Trades, the Mason Contractors Association of America, the National Association of Elementary School Principals, the National Association of Secondary School Principals, the National Education Association, the National School Boards Association, the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, the Parent Teacher Association, the Rebuild America’s Schools Coalition, and the U.S. Green Building Council.

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FOR PRESS INQUIRIES
Contact: Aaron Albright / Rachel Racusen
2181 Rayburn House Office Building
Washington, DC 20515
202-226-0853

 

The American Federation of Teachers announces:

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(June 5, 2008) 

Last night, the U.S. House of Representatives passed H.R. 3021, the 21st Century Green High-Performing Public School Facilities Act, by a vote of 250-164. Despite the issuance of a veto threat by President Bush, 27 members of his own party voted for the bill. See how your U.S. representative voted.

This is a tremendous victory for public schools, educators and children. The legislation authorizes $6.4 billion annually to help states and school districts address school conditions that compromise learning and teaching. The bill also creates more than 100,000 well-paying construction jobs and supports AFT efforts to promote green, sustainable schools.

Even with this victory, there is more work ahead to get assistance to states and localities to upgrade their schools. In the coming weeks, we will turn our efforts to moving similar legislation in the U.S. Senate, and again we will ask you to help us by urging your senators to support our efforts.

Thank you for the time you’ve taken to contact Congress on this important issue. Your efforts are making a difference for millions of students, education professionals and working families.

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an earlier notice sent this week: 

(June 2, 2008) 

Tell your representative to support H.R. 3021, the 21st Century High-Performing Public School Facilities Act of 2008. (SMH added hyperlink - click on to learn more about, or scroll to the bottom of page, below)

This week, the U.S. House of Representatives is scheduled to consider much needed legislation (H.R. 3021) to help states and localities improve deteriorating and outdated school buildings.

Make a Toll-Free Call TODAY in support of H.R. 3012!
Call 866/327-8670 and tell your U.S. representative to vote for the 21st Century High-Performing Public School Facilities Act when it is considered on the House floor later this week.

H.R. 3021 recognizes that a safe and modern learning environment is integral to raising student achievement. Too many students, teachers and other school staff suffer in overcrowded, aging and unhealthy buildings; these conditions make it more difficult to reach the high academic standards set for all schools.


The legislation, which authorizes $6.4 billion annually, would:


Help improve deteriorating and outdated school buildings, and create more than 100,000 well-paying construction jobs;


Advance AFT-supported goals promoting green, sustainable schools that enhance learning by providing adequate lighting, air quality and good acoustics; and


Provide an assurance that wage protections under the Davis-Bacon Act are extended to construction projects.


Passage of H.R. 3021 would represent a solid step toward improving schools both by addressing school conditions that compromise learning and teaching and by providing the safe and modern schools our children and educators deserve.

Make a Toll-Free Call at 866/327-8670 in support of H.R. 3012 today!

Thanks for your advocacy on this important issue.
 

If you received this message from a friend, you can sign up for AFT e-Activist Networkhttp://www.aft.org/e-activist/. 

 

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Note: this notice provided as an example and may not represent the position of SMH.

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From the AFT website: http://www.aft.org/presscenter/releases/2008/050108.htm 

FOR RELEASE:May 1, 2008

CONTACT:George Jackson
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it


Statement from Edward J. McElroy, President, American Federation of Teachers, on Passage of 21st Century High-Performing Public School Facilities Act

On April 30, the House Education and Labor Committee passed H.R. 3021, which authorizes $6.4 billion a year to help states and localities improve deteriorating and outdated school buildings, and create over 100,000 well-paying construction jobs.

The bill includes several AFT-supported provisions, including: a requirement that funds be used for projects that meet one of three widely recognized green building standards; a provision allowing states to use a portion of the funds to create statewide databases of school building-related information; an allowance for school districts to waive the green building requirements under certain circumstances, while ensuring that at least 90 percent of funds will be used for green projects by 2013; and an extension of Davis-Bacon wage protections to the construction projects.

WASHINGTON, D.C. – Across the nation, states are facing the most serious fiscal crisis in more than half a century, affecting their ability to repair and modernize schools. While the AFT has been calling on Congress to act on this issue for more than a decade, passage of the 21st Century High-Performing Public School Facilities Act (H.R. 3021) demonstrates that Congress is beginning to understand the need for federal assistance to help states and localities improve deteriorating and outdated school buildings.

A safe and modern learning environment is integral to raising student achievement. Preliminary studies indicate that school building conditions have a direct impact on student health and academic performance. These studies also suggest that properly built and maintained schools can have a positive impact on test scores, school operational costs, teacher and school-related personnel attrition, and the environment. Too many students, teachers and other school staff suffer in overcrowded and aging school buildings. Under these conditions, it is extremely difficult to meet and exceed new challenges and expectations.

In 2006, the AFT launched the “Building Minds, Minding Buildings” campaign, releasing a report designed to highlight the inadequate state of many of our public school facilities from the viewpoint of those who work in them. The report offers recommendations for fixing schools and stresses the need for high-performance schools to replace schools with poor conditions that compromise learning and teaching.

For more information on the AFT’s “Building Minds, Minding Buildings” campaign, visit:
www.aft.org/buildingminds.

# # # #

The AFT represents 1.4 million pre-K through 12th-grade teachers, paraprofessionals and other school support employees, higher education faculty, nurses and other healthcare workers, and state and local government employees.

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American Federation of Teachers | 555 New Jersey Ave. N.W., Washington, DC 20001
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Click here to read text of bill in pdf format 

For more info: 

H.R.3021
Title: To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.
 

(for hyperlinks to work go to site, below table and enter HR 3021 in Search - by bill number)

Sponsor: Rep Chandler, Ben [KY-6] (introduced 7/12/2007)      Cosponsors (142)
Latest Major Action: 5/8/2008 Placed on the Union Calendar, Calendar No. 388.
House Reports: 110-623

All Information (except text)Text of Legislation CRS Summary Major Congressional Actions

All Congressional Actions

All Congressional Actions with Amendments
With links to Congressional Record pages, votes,reports
Titles Cosponsors (142) Committees
Related Bills Amendments Related Committee Documents
CBO Cost EstimatesSubjects

(from http://thomas.loc.gov) 

H.R.3021
Title: To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.
Sponsor: Rep Chandler, Ben [KY-6] (introduced 7/12/2007)      Cosponsors (142)
Latest Major Action: 5/8/2008 Placed on the Union Calendar, Calendar No. 388.
House Reports: 110-623

COSPONSORS(142), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)
Rep Abercrombie, Neil [HI-1] - 5/7/2008Rep Altmire, Jason [PA-4] - 5/6/2008
Rep Andrews, Robert E. [NJ-1] - 5/6/2008Rep Baca, Joe [CA-43] - 5/7/2008
Rep Barrow, John [GA-12] - 5/6/2008Rep Bean, Melissa L. [IL-8] - 5/7/2008
Rep Berry, Marion [AR-1] - 5/6/2008Rep Bishop, Timothy H. [NY-1] - 5/6/2008
Rep Blumenauer, Earl [OR-3] - 5/6/2008Rep Bordallo, Madeleine Z. [GU] - 5/7/2008
Rep Boren, Dan [OK-2] - 5/7/2008Rep Boswell, Leonard L. [IA-3] - 5/6/2008
Rep Boyd, Allen [FL-2] - 5/8/2008Rep Braley, Bruce L. [IA-1] - 5/6/2008
Rep Brown, Corrine [FL-3] - 5/7/2008Rep Capps, Lois [CA-23] - 5/6/2008
Rep Cardoza, Dennis A. [CA-18] - 5/7/2008Rep Carnahan, Russ [MO-3] - 5/7/2008
Rep Carney, Christopher P. [PA-10] - 5/6/2008Rep Carson, Andre [IN-7] - 5/6/2008
Rep Christensen, Donna M. [VI] - 5/7/2008Rep Clarke, Yvette D. [NY-11] - 5/7/2008
Rep Conyers, John, Jr. [MI-14] - 5/6/2008Rep Courtney, Joe [CT-2] - 5/6/2008
Rep Cramer, Robert E. (Bud), Jr. [AL-5] - 5/6/2008Rep Cuellar, Henry [TX-28] - 5/6/2008
Rep Cummings, Elijah E. [MD-7] - 5/8/2008Rep Davis, Artur [AL-7] - 5/7/2008
Rep Davis, Danny K. [IL-7] - 5/6/2008Rep Davis, Lincoln [TN-4] - 5/6/2008
Rep Davis, Susan A. [CA-53] - 5/6/2008Rep DeFazio, Peter A. [OR-4] - 5/6/2008
Rep Delahunt, William D. [MA-10] - 5/7/2008Rep DeLauro, Rosa L. [CT-3] - 5/7/2008
Rep Dingell, John D. [MI-15] - 5/7/2008Rep Doyle, Michael F. [PA-14] - 5/7/2008
Rep Ellison, Keith [MN-5] - 5/6/2008Rep Emanuel, Rahm [IL-5] - 5/7/2008
Rep Engel, Eliot L. [NY-17] - 5/7/2008Rep Etheridge, Bob [NC-2] - 5/7/2008
Rep Farr, Sam [CA-17] - 5/7/2008Rep Filner, Bob [CA-51] - 5/7/2008
Rep Fortuno, Luis G. [PR] - 5/8/2008Rep Gordon, Bart [TN-6] - 5/6/2008
Rep Green, Gene [TX-29] - 5/7/2008Rep Grijalva, Raul M. [AZ-7] - 5/6/2008
Rep Hall, John J. [NY-19] - 5/7/2008Rep Hare, Phil [IL-17] - 9/19/2007
Rep Hastings, Alcee L. [FL-23] - 5/7/2008Rep Herseth Sandlin, Stephanie [SD] - 5/6/2008
Rep Hill, Baron P. [IN-9] - 5/6/2008Rep Hinchey, Maurice D. [NY-22] - 5/6/2008
Rep Hinojosa, Ruben [TX-15] - 5/6/2008Rep Hirono, Mazie K. [HI-2] - 5/6/2008
Rep Holt, Rush D. [NJ-12] - 5/6/2008Rep Honda, Michael M. [CA-15] - 5/7/2008
Rep Hooley, Darlene [OR-5] - 2/26/2008Rep Inslee, Jay [WA-1] - 5/7/2008
Rep Israel, Steve [NY-2] - 5/6/2008Rep Jackson, Jesse L., Jr. [IL-2] - 5/6/2008
Rep Jefferson, William J. [LA-2] - 5/7/2008Rep Johnson, Eddie Bernice [TX-30] - 5/7/2008
Rep Johnson, Henry C. "Hank," Jr. [GA-4] - 5/6/2008Rep Jones, Stephanie Tubbs [OH-11] - 5/7/2008
Rep Kennedy, Patrick J. [RI-1] - 5/7/2008Rep Kildee, Dale E. [MI-5] - 7/12/2007
Rep Kilpatrick, Carolyn C. [MI-13] - 5/7/2008Rep Kind, Ron [WI-3] - 5/6/2008
Rep Klein, Ron [FL-22] - 5/6/2008Rep Kucinich, Dennis J. [OH-10] - 5/6/2008
Rep Langevin, James R. [RI-2] - 5/8/2008Rep Larson, John B. [CT-1] - 5/6/2008
Rep Lee, Barbara [CA-9] - 5/8/2008Rep Lewis, John [GA-5] - 5/6/2008
Rep Lipinski, Daniel [IL-3] - 5/6/2008Rep Loebsack, David [IA-2] - 5/6/2008
Rep Maloney, Carolyn B. [NY-14] - 5/7/2008Rep Markey, Edward J. [MA-7] - 5/7/2008
Rep Matheson, Jim [UT-2] - 5/6/2008Rep Matsui, Doris O. [CA-5] - 5/7/2008
Rep McCarthy, Carolyn [NY-4] - 5/6/2008Rep McCollum, Betty [MN-4] - 5/6/2008
Rep McDermott, Jim [WA-7] - 5/6/2008Rep McGovern, James P. [MA-3] - 5/7/2008
Rep McIntyre, Mike [NC-7] - 5/7/2008Rep McNerney, Jerry [CA-11] - 5/8/2008
Rep Melancon, Charlie [LA-3] - 5/6/2008Rep Miller, George [CA-7] - 7/12/2007
Rep Mitchell, Harry E. [AZ-5] - 5/7/2008Rep Mollohan, Alan B. [WV-1] - 5/7/2008
Rep Moore, Dennis [KS-3] - 5/6/2008Rep Moore, Gwen [WI-4] - 9/19/2007
Rep Moran, James P. [VA-8] - 5/7/2008Rep Murphy, Christopher S. [CT-5] - 5/7/2008
Rep Nadler, Jerrold [NY-8] - 5/7/2008Rep Napolitano, Grace F. [CA-38] - 5/6/2008
Rep Olver, John W. [MA-1] - 5/7/2008Rep Pallone, Frank, Jr. [NJ-6] - 5/6/2008
Rep Payne, Donald M. [NJ-10] - 5/6/2008Rep Perlmutter, Ed [CO-7] - 5/6/2008
Rep Pomeroy, Earl [ND] - 5/7/2008Rep Price, David E. [NC-4] - 5/7/2008
Rep Rahall, Nick J., II [WV-3] - 5/7/2008Rep Richardson, Laura [CA-37] - 5/6/2008
Rep Rodriguez, Ciro D. [TX-23] - 5/7/2008Rep Ross, Mike [AR-4] - 5/6/2008
Rep Rush, Bobby L. [IL-1] - 5/7/2008Rep Ryan, Tim [OH-17] - 5/7/2008
Rep Salazar, John T. [CO-3] - 5/6/2008Rep Sanchez, Linda T. [CA-39] - 5/6/2008
Rep Sanchez, Loretta [CA-47] - 5/8/2008Rep Sarbanes, John P. [MD-3] - 5/6/2008
Rep Schakowsky, Janice D. [IL-9] - 5/7/2008Rep Schiff, Adam B. [CA-29] - 5/6/2008
Rep Scott, David [GA-13] - 5/8/2008Rep Scott, Robert C. "Bobby" [VA-3] - 5/7/2008
Rep Serrano, Jose E. [NY-16] - 5/7/2008Rep Sestak, Joe [PA-7] - 5/7/2008
Rep Shea-Porter, Carol [NH-1] - 5/6/2008Rep Sires, Albio [NJ-13] - 5/6/2008
Rep Smith, Adam [WA-9] - 5/6/2008Rep Snyder, Vic [AR-2] - 5/6/2008
Rep Solis, Hilda L. [CA-32] - 5/6/2008Rep Stark, Fortney Pete [CA-13] - 5/6/2008
Rep Sutton, Betty [OH-13] - 5/6/2008Rep Tanner, John S. [TN-8] - 5/6/2008
Rep Thompson, Bennie G. [MS-2] - 5/7/2008Rep Thompson, Mike [CA-1] - 5/7/2008
Rep Tierney, John F. [MA-6] - 5/7/2008Rep Towns, Edolphus [NY-10] - 5/7/2008
Rep Tsongas, Niki [MA-5] - 5/8/2008Rep Udall, Mark [CO-2] - 5/6/2008
Rep Van Hollen, Chris [MD-8] - 5/7/2008Rep Walz, Timothy J. [MN-1] - 5/8/2008
Rep Wasserman Schultz, Debbie [FL-20] - 5/8/2008Rep Welch, Peter [VT] - 5/6/2008
Rep Wexler, Robert [FL-19] - 5/6/2008Rep Wilson, Charles A. [OH-6] - 5/8/2008
Rep Woolsey, Lynn C. [CA-6] - 5/6/2008Rep Wu, David [OR-1] - 5/6/2008
Rep Wynn, Albert Russell [MD-4] - 5/8/2008Rep Yarmuth, John A. [KY-3] - 9/19/2007

 

The Library of Congress  >  THOMAS Home  >  Committee Reports  >  Search Results

69-006

110TH CONGRESS

REPORT

HOUSE OF REPRESENTATIVES

2d Session

110-623

--21ST CENTURY GREEN HIGH-PERFORMING PUBLIC SCHOOL FACILITIES ACT

MAY 8, 2008- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Mr. GEORGE MILLER of California, from the Committee on Education and Labor, submitted the following
R E P O R T
together with
MINORITY VIEWS

[To accompany H.R. 3021]

[Including cost estimate of the Congressional Budget Office]

    The Committee on Education and Labor, to whom was referred the bill (H.R. 3021) to direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.
    The amendments are as follows:
    Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `21st Century Green High-Performing Public School Facilities Act'.
    (b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF SCHOOL FACILITIES
Sec. 101. Purpose.
Sec. 102. Allocation of funds.
Sec. 103. Allowable uses of funds.
TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA
Sec. 201. Purpose.
Sec. 202. Allocation to States.
Sec. 203. Allowable uses of funds.
TITLE III--GENERAL PROVISIONS
Sec. 301. Impermissible uses of funds.
Sec. 302. Supplement, not supplant.
Sec. 303. Maintenance of effort.
Sec. 304. Special rule on contracting.
Sec. 305. Application of GEPA.
Sec. 306. Green Schools.
Sec. 307. Reporting.
Sec. 308. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
      (1) The term `Bureau-funded school' has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
      (2) The term `charter school' has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965.
      (3) The term `local educational agency'--
        (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965, and shall also include the Recovery School District of Louisiana and the New Orleans Public Schools; and
        (B) includes any public charter school that constitutes a local educational agency under State law.
      (4) The term `outlying area'--
        (A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and
        (B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
      (5) The term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
      (6) The term `LEED Green Building Rating System' means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as LEED Green Building Rating System.
      (7) The term `Energy Star' means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency.
      (8) The term `CHPS Criteria' means the green building rating program developed by the Collaborative for High Performance Schools.

TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF SCHOOL FACILITIES

SEC. 101. PURPOSE.

    Grants under this title shall be for the purpose of modernizing, renovating, or repairing public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically.

SEC. 102. ALLOCATION OF FUNDS.

    (a) Reservation- From the amount appropriated to carry out this title for each fiscal year pursuant to section 308(a), the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101--
      (1) to provide assistance to the outlying areas; and
      (2) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.
    (b) Allocation to States-
      (1) STATE-BY-STATE ALLOCATION- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 308(a), and not reserved under subsection (a), each State shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year.
      (2) STATE ADMINISTRATION- A State may reserve up to 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this title, including--
        (A) providing technical assistance to local educational agencies;
        (B) developing within 6 months of receiving its allocation under paragraph (1) a plan to develop a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and the carbon footprint of such schools; and
        (C) developing a school energy efficiency quality plan.
      (3) GRANTS TO LOCAL EDUCATIONAL AGENCIES- From the amount allocated to a State under paragraph (1), each local educational agency in the State that meets the requirements of section 1112(a) of the Elementary and Secondary Education Act of 1965 shall receive an amount in proportion to the amount received by such local educational agency under part A of title I of that Act for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year, except that no local educational agency that received funds under part A of title I of that Act for such fiscal year shall receive a grant of less than $5,000 in any fiscal year under this title.
      (4) SPECIAL RULE- Section 1122(c)(3) of the Elementary and Secondary Education Act of 1965 shall not apply to paragraphs (1) or (3).
    (c) Special Rules-
      (1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the reservations and allocations described in subsections (a) and (b) not later than 30 days after an appropriation of funds for this title is made.
      (2) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in subsection (b)(3) within 30 days of receiving such funds from the Secretary.

SEC. 103. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title may use the grant for modernization, renovation, or repair of public school facilities, including--
      (1) repairing, replacing, or installing roofs, electrical wiring, plumbing systems, sewage systems, lighting systems, or components of such systems, windows, or doors;
      (2) repairing, replacing, or installing heating, ventilation, air conditioning systems, or components of such systems (including insulation), including indoor air quality assessments;
      (3) bringing public schools into compliance with fire and safety codes, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies;
      (4) modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except that such modifications shall not be the primary use of the grant;
      (5) asbestos abatement or removal from public school facilities;
      (6) implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards though methods including interim controls, abatement, or a combination of each;
      (7) upgrading or installing educational technology infrastructure to ensure that students have access to up-to-date educational technology;
      (8) other modernization, renovation, or repair of public school facilities to--
        (A) improve teachers' ability to teach and students' ability to learn;
        (B) ensure the health and safety of students and staff; or
        (C) make them more energy efficient; and
      (9) required environmental remediation related to school modernization, renovation, or repair described in paragraphs (1) though (8).

TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

SEC. 201. PURPOSE.

    Grants under this title shall be for the purpose of modernizing, renovating, repairing or constructing public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically in order to address such needs caused by damage resulting from Hurricane Katrina or Hurricane Rita.

SEC. 202. ALLOCATION TO STATES.

    (a) State-by-State Allocation- Of the amount appropriated to carry out this title for each fiscal year pursuant to section 308(b), the Secretary shall allocate to Louisiana, Mississippi, and Alabama an amount equal to the number of schools in each of those States that were closed for 60 days or more during the period beginning on August 29, 2005 and ending on December 31, 2005 due to Hurricane Katrina or Hurricane Rita, relative to the number of schools in all of those States combined that were so closed.
    (b) State Administration- A State that receives funds under this title may reserve one-half of one percent of such funds for administrative purposes related to this title.
    (c) Grants to Local Educational Agencies- States receiving funds under subsection (a) shall allocate such funds to local educational agencies within the State according to the criteria described in subsection (a).
    (d) Special Rules-
      (1) DISTRIBUTIONS BY SECRETARY- The Secretary shall make and distribute the allocations described in subsection (a) not later than 30 days after an appropriation of funds for this title is made.
      (2) DISTRIBUTIONS BY STATES- A State shall make and distribute the allocations described in subsection (c) within 30 days of receiving such funds from the Secretary.

SEC. 203. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title may use the grant for any of the activities described in section 103, except that an agency receiving a grant under this title also may use such grant for such activities for the construction of new public kindergarten, elementary, and secondary school facilities.

TITLE III--GENERAL PROVISIONS

SEC. 301. IMPERMISSIBLE USES OF FUNDS.

    No funds received under this Act may be used for--
      (1) payment of maintenance costs; or
      (2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public.

SEC. 302. SUPPLEMENT, NOT SUPPLANT.

    A local educational agency receiving a grant under this Act shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for modernization, renovation, and repair of public kindergarten, elementary, and secondary educational facilities.

SEC. 303. MAINTENANCE OF EFFORT.

    A local educational agency may receive a grant under this Act for any fiscal year only if either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year.

SEC. 304. SPECIAL RULE ON CONTRACTING.

    Each local educational agency receiving a grant under this Act shall ensure that, if the agency carries out modernization, renovation, or repair through a contract, the process for any such contract ensures the maximum number of qualified bidders, including local, small, minority, and women- and veteran-owned businesses, through full and open competition.

SEC. 305. APPLICATION OF GEPA.

    The grant programs under this Act are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b).

SEC. 306. GREEN SCHOOLS.

    (a) In General- In a given fiscal year, a local educational agency shall use not less than the applicable percentage of funds received under this Act described in subsection (b) for public school modernization, renovation, or repairs that are--
      (1) LEED Green Building Rating System-certified or consistent with any applicable provisions of the LEED Green Building Rating System;
      (2) Energy Star-certified or consistent with any applicable provisions of Energy Star; or
      (3) certified, designed, or verified under or meet any applicable provisions of an equivalent program to the LEED Green Building Rating System or Energy Star adopted by the State or another jurisdiction with authority over the local educational agency, such as the CHPS Criteria.
    (b) Applicable Percentages- The applicable percentages described in subsection (a) are--
      (1) in fiscal year 2009, 50 percent;
      (2) in fiscal year 2010, 60 percent;
      (3) in fiscal year 2011, 70 percent;
      (4) in fiscal year 2012, 80 percent; and
      (5) in fiscal year 2013, 90 percent.
    (c) Technical Assistance- The Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall provide outreach and technical assistance to States and school districts concerning the best practices in school modernization, renovation, and repair, including those related to student academic achievement and student and staff health, energy efficiency, and environmental protection.

SEC. 307. REPORTING.

    (a) Reports by Local Educational Agencies- Local educational agencies receiving a grant under this Act shall annually compile a report describing the projects for which such funds were used, including--
      (1) the number of public schools in the agency;
      (2) the number of schools in the agency with a metro-centric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools;
      (3) the number of schools in the agency that are eligible for schoolwide programs under section 1114 of the Elementary and Secondary Education Act of 1965 and the percentage of funds received by the agency under title I or title II of this Act that were used for projects at such schools; and
      (4) for each project--
        (A) the cost;
        (B) the standard described in section 306(a) with which the use of the funds complied or if the use of funds did not comply with a standard described in section 306(a), the reason such funds were not able to be used in compliance with such standards and the agency's efforts to use such funds in an environmentally sound manner; and
        (C) any demonstrable or expected benefits as a result of the project (such as energy savings, improved indoor environmental quality, improved climate for teaching and learning, etc.).
    (b) Availability of Reports- A local educational agency shall--
      (1) submit the report described in subsection (a) to the State educational agency, which shall compile such information and report it annually to the Secretary; and
      (2) make the report described in subsection (a) publicly available, including on the agency's website.
    (c) Reports by Secretary- Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on grants made under this Act, including the information described in subsection (b)(1), the types of modernization, renovation, and repair funded, and the number of students impacted, including the number of students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    (a) Title I- To carry out title I, there are authorized to be appropriated $6,400,000,000 for fiscal year 2009 and such sums as may be necessary for each of fiscal years 2010 through 2013.
    (b) Title II- To carry out title II, there are authorized to be appropriated $100,000,000 for each of fiscal years 2009 through 2013.
    Amend the title so as to read:
A bill to direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.

I. PURPOSE

The purpose of H.R. 3021, the 21st Century Green High-Performing Public School Facilities Act, is to support States' and local educational agencies' efforts to provide public school students with schools that are safe, healthy, high-performing, and up-to-date technologically, and to promote green building principles.

II. COMMITTEE ACTION

110th Congress

Full Committee hearing on `Modern Public School Facilities: Investing in the Future'

On Wednesday, February 13, 2008, the Committee on Education and Labor held a hearing in Washington, D.C., on `Modern Public School Facilities: Investing in the Future.' The purpose of the hearing was to highlight the poor quality of public school buildings frequently found throughout the United States, particularly in low-income areas, and the importance of federal investment in public school buildings. Testifying before the full Committee were, on the first panel, Representatives Ben Chandler (D-KY), Michael N. Castle (R-DE), Bob Etheridge (D-NC), David Loebsack (D-IA), Charles Boustany (R-LA), Darlene Hooley (D-OR), Steve King (R-IA) and Rush Holt (D-NJ), and on the second panel, Kathleen J. Moore, Director, School Facilities Planning Division, California Department of Education (Sacramento, California); Judi Caddick, Teacher, Memorial Junior High School, Illinois Education Association (Lansing, Illinois); Mary Cullinane, Director, Innovation and Business Development Team, Microsoft Corporation (New York, New York); Dr. Paula Vincent, Superintendent, Clear Creek Amana School District (Oxford, Iowa); Paul Vallas, Superintendent, Louisiana Recovery School District (New Orleans, Louisiana); Jim Waters, Director, Policy and Communications, Bluegrass Institute for Public Policy Solutions (Bowling Green, Kentucky); Neal McCluskey, Associate Director, Center for Educational Freedom, CATO Institute (Washington, D.C.).

Introduction of the `21st Century High-Performing Public School Facilities Act'

On Thursday, July 12, 2007, Representatives Ben Chandler (D-KY), George Miller (D-CA), and Dale Kildee (D-MI) introduced H.R. 3021, the 21st Century High-Performing Public School Facilities Act, a bill to direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.

Full Committee Markup of H.R. 3021

On Wednesday, April 30, 2008, the Committee on Education and Labor considered H.R. 3021 in legislative session, and reported the bill favorably, as amended, to the House of Representatives by a vote of 28-19. Representatives Loebsack and Kildee offered an amendment in the nature of a substitute.

The amendment in the nature of a substitute makes the following changes to H.R. 3021:

      Inserts the word `Green' into the Act's title;
      Converts the competitive grant and loan program authorized by the bill to a formula grant program, based on each State's and local educational agency's allocation under Part A of Title I of the Elementary and Secondary Education Act of 1965;
      Requires the Secretary of Education to distribute funds to States within thirty days of the Department's appropriation, and States to distribute funds to local educational agencies within thirty days of having received such funds;
      Requires the Secretary to provide technical assistance to States and local educational agencies;
      Requires States to provide technical assistance to local educational agencies, to develop a plan to establish a database that includes an inventory of public school facilities in the State and the modernization, renovation, and repair needs of, energy use by, and carbon footprint of such schools, and to develop a school energy efficiency quality plan;
      Requires local educational agencies to use an increasing percentage of funds received under the bill in compliance with sustainable building rating systems;
      Adds a title authorizing funds for grants to local educational agencies in Louisiana, Mississippi and Alabama to compensate for damage to public school facilities caused by Hurricanes Katrina and Rita in 2005; and
      Clarifies that local educational agencies are required to report publicly on the sustainable building rating systems with which their uses of funds comply, to explain any uses of funds that did not comply with such systems, and to explain the demonstrated or expected benefits from their uses of funds (such as energy savings, indoor environmental quality, improved climate for teaching and learning, etc.), and the percentage of funds used in low-income and rural schools.

The Committee rejected six amendments by roll-call vote. The Chair ruled two other amendments out of order on the ground that they addressed issues that were beyond the scope of the amendment in the nature of a substitute. The Committee upheld both rulings by roll-call vote.

III. SUMMARY OF THE BILL

As reported, Title I of H.R. 3021 authorizes $6.4 billion for fiscal year 2009 and such sums through fiscal year 2013. The bill ensures that school districts around the country will quickly receive funds for much needed public school modernization, renovation, and repair projects to improve the teaching and learning climate, student and staff health and safety, energy efficiency, and the environment. It directs the Secretary to reserve one percent of Title I funds for assistance to outlying areas and Bureau of Indian Education-funded schools.

H.R. 3021 allocates to each State the same percentage of funds that the state receives under Title I, Part A of the Elementary and Secondary Education Act and allocates within States the same percentage to each school district that the school district receives under such part (except that no such school district will receive less than $5,000). It also requires the Secretary to distribute funds to states within thirty days of appropriation for redistribution to school districts within thirty days of receipt.

The bill allows States to reserve one percent of their Title I allocation for technical assistance and to develop a plan to create a statewide database of public school facility inventory, modernization, renovation and repair needs, energy use, and carbon footprint, and a school energy efficiency quality plan.

Funds under Title I may be used for public school modernization, renovation, and repair, including repair to roofs, electrical, plumbing, sewage and lighting systems or components thereof, heating, ventilation, and air-conditioning systems or components thereof, including insulation and indoor air quality assessments. Funds may also be used to bring schools into compliance with fire and safety codes, including modernizations, renovations, and repairs that ensure that schools are prepared for emergencies. Funds may be used to comply with the Americans with Disabilities Act of 1990 and section 504 of the Rehabilitation Act of 1973; however, a local educational agency's funds may not be used primarily for those purposes. Additional uses contemplated by the bill include, asbestos abatement or removal; reduction of human exposure to lead-based paint hazards; upgrading or installing educational technology infrastructure; other modernizations, renovations, or repairs that improve the teaching and learning climate, ensure the health and safety of students and staff, or make schools more energy efficient; and required environmental remediation related to modernizations, renovations, or improvements described above.

H.R. 3021, as amended, requires that funds be used for projects that meet one of three widely recognized green standards (Leadership in Energy and Environmental Design (LEED) Green Building Rating System, Energy Star, or Collaborative for High Performance Schools) or an equivalent State or local standard. School districts may waive the green requirement for a percentage of the funds (fifty percent in 2009, forty percent in 2010, thirty percent in 2011, twenty percent in 2012, and ten percent in 2013) if the circumstances make the requirement impracticable.

In Title II, the bill authorizes $100 million for each of fiscal year from 2009 through 2013 for public schools in the Gulf region in response to damages from Hurricane Katrina or Hurricane Rita. These funds are to be used for the same purposes as Title I funds, and also may be used for new construction.

The bill includes provisions to require local educational agencies to ensure that the bid process for any projects carried out through a contract ensures the maximum number of qualified bidders, including local, small, minority, women- and veteran-owned businesses, through full and open competition.

Davis-Bacon labor law protections apply to all funds received under the Act.

The bill requires school districts to report publicly on educational, energy, and environmental benefits of projects, compliance with the green requirement, and the percentage of funds used for projects at low-income and rural schools. States must compile these reports and submit them to the Secretary who shall, in turn, report to the House Committee on Education and Labor and the Senate Committee on Health, Education, Labor, and Pensions.

Finally, the Act requires the Secretary of Education (in consultation with the Secretary of Energy and Administrator of the Environmental Protection Agency) to create a best practices in school construction database and to provide technical assistance to States and school districts concerning such best practices.

IV. COMMITTEE VIEWS

The Committee believes that H.R. 3021 addresses a number of important issues--the quality of our nation's public school facilities, student achievement, the state of the economy, and the state of the environment. The Committee believes that these issues are interrelated and that each represents a critical national concern.

With the exception of funding through the Impact Aid program and through the Department of the Interior for Indian schools, direct federal support for school construction has been virtually non-existent since fiscal year 2001 when Congress appropriated $1.2 billion primarily for emergency school repair and renovation. The Committee agrees with Representative Ben Chandler's testimony before the Committee, that `[w]hile Congress has recognized that educational excellence is vital to the economy and national competitiveness, too often we have failed to provide . . . the funding necessary to make these goals a reality.' 1

[Footnote]

[Footnote 1: Testimony of Representative Ben Chandler, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-BenChandler.pdf.]

The demand for new and renovated public school facilities is unprecedented in our nation's history. 2

[Footnote] A briefing paper delivered at an Economic Policy Institute forum, Investing in U.S. Infrastructure, the day before the Committee approved this legislation, called for $50 billion in federal funds for capital outlays for low-income school districts and an ongoing federal role in such funding comparable to the current federal share of education operations funding (approximately 10 percent). The paper argued that such funding is necessary to ensure that `the nation's public schools are healthy, safe, environmentally sound, and built . . . to support a high-quality education.' 3

[Footnote]

[Footnote 2: Testimony of Kathleen J. Moore, Director, School Facilities Planning Division, California Department of Education, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-KathleenMoore.pdf).]

[Footnote 3: Good Buildings, Better Schools, Filardo, M., Economic Policy Institute Briefing Paper, April 29, 2008.]

Need and disparity

The most recent comprehensive estimates of the national need for school construction and renovation were made in 1995 ($112 billion, U.S. General Accounting Office 4

[Footnote] (GAO) 5

[Footnote] ) and 2000 ($127 billion, National Center for Education Statistics 6

[Footnote] NCES) and $322 billion, National Education Association 7

[Footnote] (NEA)).

[Footnote 4: Condition of America's Schools, Government Accounting Office, 1995 (GAO/HEHS-95-61).]

[Footnote 5: In 2004, the General Accounting Office was renamed the Government Accountability Office. The Committee will use `GAO' to refer to both.]

[Footnote 6: Condition of America's Public School Facilities: 1999, National Center for Education Statistics.]

[Footnote 7: Modernizing Our Schools: What Will It Cost?, National Education Association, 2000.]

Several studies highlight the inadequacy of school facilities. In 2005, the American Society of Civil Engineers, on its national infrastructure report card, gave America's public schools a D. 8

[Footnote] A 2005 survey of school principals by NCES found that fifty-two percent of schools had no science laboratories, thirty percent had no art rooms, nineteen percent had no music rooms, and seventeen percent had no gymnasium. 9

[Footnote] A 2004 NCES report found that one school in three had temporary buildings as the primary learning space for at least 160 students, and that in one in five schools, teachers routinely had to use a building's common areas for instructional purposes. 10

[Footnote]

[Footnote 8: http://www.asce.org/reportcard/2005/page.cfm?id=31.]

[Footnote 9: Public School Principals Report on Their School Facilities: Fall 2005, Institute of Education Sciences, National Center for Education Statistics.]

[Footnote 10: Characteristics of Schools, Districts, Teachers, Principals, and School Libraries in the United States 2003-2004, Schools and Staffing Survey, National Center for Education Statistics.]

Disparities in the condition of our schools are also well-documented. In 1996, GAO reported, in a follow-up to an earlier study, that on every measure--inadequate buildings or building features, unsatisfactory environmental conditions, etc. the same subgroups--schools in central cities, western states, and schools serving higher percentages of minority or low-income students--reported having more significant problems. 11

[Footnote] In 2006, a report by Building Educational Success Together (BEST) concluded that the GAO and NEA estimates `grossly underestimated' the need for school improvements, and concurred with the 1996 GAO finding that facilities in low-income and minority-serving areas tended to be in significantly worse condition. The report also concluded that despite significant State and local expenditures on school construction and renovation from 1996-2004, `there continue to be millions of students in substandard and crowded school conditions.' 12

[Footnote]

[Footnote 11: America's Schools Report Differing Conditions, Government Accounting Office, 1996 (GAO/HEHS-96-103).]

[Footnote 12: Growth and Disparity: A Decade of U.S. Public School Construction, Building Educational Success Together, 2006.]

It is the Committee's intent that funds authorized by this bill be used to ensure that all children have access to a high-quality public school facility. The Committee recognizes that facility quality disparity is most likely to occur in low-income areas. Accordingly, the Committee encourages local educational agencies to take care to ensure that the needs of low-income and rural schools are addressed by giving priority to schools where modernization, renovation, and repair will most benefit students, teachers, and other staff and ensuring that the schools are safe, healthy, conducive to teaching and learning, energy efficient, and environmentally sound.

Green Schools

A 2006 report concludes that a green school (1) uses thirty-fifty percent less energy than a conventional school; (2) reduces harmful carbon dioxide emissions by forty percent, which helps reduce global climate change; (3) uses thirty percent less water; (4) has better lighting and temperature controls, which promotes higher student achievement; and (5) has a more comfortable indoor environment, improved ventilation and indoor air quality, which result in short-term ($96,760 per year) and long-term savings as a result of green building. 13

[Footnote] The average national school construction cost is $150 per square foot; building green adds only $3 per square foot. According to the study, the long-term savings from green buildings are $70 per square foot. 14

[Footnote]

[Footnote 13: Greening America's Schools, Kats, G., 2006]

[Footnote 14: Id.]

The importance of energy savings was illustrated by hearing testimony of Representative and Committee Member Rush Holt (D-NJ). Representative Holt noted that between 2005 and 2007, schools' energy costs increased from $6 billion annually to $8 billion. 15

[Footnote] According to Representative and Committee Member David Loebsack's testimony at the same hearing, green schools save thirty-three percent on energy and thirty-two percent on water costs compared to non-green schools. 16

[Footnote]

[Footnote 15: Testimony of Representative Rush Holt, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-RushHolt.pdf.]

[Footnote 16: Testimony of Representative David Loebsack, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-DaveLoebsack.pdf.]

The Committee believes that green building can serve a number of purposes. Such building will directly benefit both the larger environment and the indoor environment. The Committee further believes that green building will improve the ability of teachers to teach and students to learn as well as the health of students, teachers, and other school staff.

States, cities, and school districts around the country have adopted green building and green schools initiatives. Representative Darlene Hooley (D-OR) (Co-Chair of the Congressional Green Schools Caucus) testified that by 2010, the green building market will be worth $60 billion, of which twenty-seven percent will be comprised by school facilities. 17

[Footnote]

[Footnote 17: Testimony of Representative Darlene Hooley, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-DarleneHooley.pdf.]

The Committee believes that a critical component of the success of this bill will be local educational agencies' knowledge of best practices in school construction, modernization, renovation, and repair as they relate to green building.

With reference to States' responsibilities, the bill directs States to develop state-level school energy efficiency quality plans. The Committee encourages States, in developing such plans, to look for guidance to the definition of such plans in H.R. 3197, the School Building Enhancement Act, introduced by Representative Holt. That bill defines such plans as including standards for school building design, construction, and renovation; and proposals for the systematic improvement (including benchmarks and timelines) of environmental conditions in and around schools throughout the State. H.R. 3197 also encourages purchasing environmentally preferable products for instruction and maintenance, increasing the use of alternative energy fuels in school buses, and maximizing transportation choices for students, staff, and other members of the community.

The Committee encourages the Secretary, in carrying out the Department's technical assistance responsibilities under H.R. 3021, as amended, to examine the Illinois Resource Guide for Healthy, High-Performing School Buildings. The recommendations and information in the guide are intended to provide school administrators, school boards and other community members with guidance to make informed decisions about health and energy efficiency issues important to schools. The guide's objective is to promote long-term thinking and to ensure that school buildings are compatible with the goals of improving learning environments, reducing operating costs, supporting health and safety, and protecting our natural environment. 18

[Footnote]

[Footnote 18: For a discussion of a case study in building a modern, green school, see, Testimony of Mary Cullinane, Director, Innovation and Business Development Team, Microsoft Corporation, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-MaryCullinane.pdf).]

Impact on teaching and learning

The Committee believes that while equity alone justifies federal support for local educational agencies to ensure that every child has access to a high-quality public school facility, such support also is essential to closing the achievement gap. The Committee believes that the relationship between the quality of school facilities and student achievement and teacher performance and retention are positively intertwined. 19

[Footnote] Research demonstrates that better school facilities result in improved student achievement and teacher recruitment and retention. The physical condition of schools also affects student and teacher health.

[Footnote 19: See, e.g., Testimony of Judi Caddick, Teacher, Memorial Junior High School, Illinois Education Association, Lansing, Illinois, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilities: Investing in the Future, February 13, 2008 (http://edlabor.house.gov/testimony/2008-02-13-JudiCaddick.pdf).]

According to a 2004 report by the 21st Century School Fund, inadequate school facilities can result in alienated students, low staff morale, high teacher attrition, the inability to provide specialized curricula, reduced learning time, distractions from learning, reduced ability to meet special needs, lack of technological proficiency, health problems for students and staff, safety hazards, and less supervision of student behavior. 20

[Footnote]

[Footnote 20: For Generations to Come, 21st Century School Fund, 2004.]

In its 2005 survey, NCES noted that a key reason for school construction and renovation is student and teacher safety, but that building quality also affects the context for learning, such that lighting, noise reduction, air quality and other factors can affect student achievement and behavior. NCES further noted that building quality affects teacher retention--forty percent of teachers who transferred schools and thirty-nine percent who left teaching cited the need for significant school repairs as a source of their dissatisfaction. 21

[Footnote] NCES found that one-third of school principals cited at least one environmental factor 22

[Footnote] as interfering with their ability to deliver instruction.

[Footnote 21: Another study finding a relationship between facility quality and teacher retention is The Effects of School Facility Quality on Teacher Retention in Urban School Districts, Buckley, J., Schneider, M., and Shang, Y., 2004.]

[Footnote 22: Those factors include: air conditioning, size/configuration of rooms, acoustics or noise control, ventilation, heating, physical condition, indoor air quality, natural lighting, artificial lighting.]

A 2004 study of the Los Angeles Unified School District, authored by the current Commissioner of NCES, found a positive relationship between a school's compliance with fourteen health and safety measures 23

[Footnote] and its students' academic performance on California State tests. 24

[Footnote] And, the testimony at the Committee's February 13, 2008 hearing of Dr. Paula Vincent, the Superintendent of the Clear Creek Amana (Iowa) School District identifies and discusses a number of other studies linking school facilities with improved student achievement and teacher performance and retention. 25

[Footnote]

[Footnote 23: The fourteen health and safety measures are accident prevention, asbestos management, fire/life safety, campus security, chemical safety, pest management, lead management, restroom facilities, indoor environment, maintenance and repair, safe school plan, emergency preparedness, traffic and pedestrian safety, and science laboratory safety.]

[Footnote 24: LAUSD School Facilities and Academic Performance, Buckley, J., Schneider, M. and Shang, Y., 2004.]

[Footnote 25: http://edlabor.house.gov/testimony/2008-02-13-PaulaVincent.pdf.]

Impact on health

A 2004 study mandated by the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act, and funded by the Department of Education found that `overall evidence suggests that poor environments in schools, due primarily to the effects of indoor pollutants, adversely affect the health, performance, and attendance of students.' Specifically, the study found that indoor environmental quality can influence health outcomes, which may, in turn, influence student and teacher performance directly and indirectly. 26

[Footnote] The study cites the 1995 GAO finding that thirty percent of schools reported unsatisfactory ventilation.

[Footnote 26: A Summary of Scientific Findings on Adverse Effects of Indoor Environments on Students' Health, Academic Performance and Attendance, U.S. Department of Education, Policy and Program Studies Service, 2004.]

The Centers for Disease Control advises that asthma accounts for more than fourteen million missed school days per year. 27

[Footnote] A 2006 report by the American Federation of Teachers concludes that `[p]oor air quality in schools contributes to students' asthma, absences due to illness, difficulty concentrating, and lower achievement.' 28

[Footnote]

[Footnote 27: http://www.cdc.gov/asthma/children.htm.]

[Footnote 28: Building Minds, Minding Buildings, American Federation of Teachers, 2006.]

Impact on community

According to the 2006 BEST study, the difference between good and poor quality facilities also affects the communities in which they are located. School quality has a direct, positive impact on residential property values and can improve a community's ability to attract businesses and workers. 29

[Footnote] This point also is supported by Representative Bob Etheridge's testimony at the February 13, 2008 Committee hearing on this issue. 30

[Footnote]

[Footnote 29: Growth and Disparity: A Decade of U.S. Public School Construction, Building Educational Success Together, 2006.]

[Footnote 30: Testimony of Representative Bob Etheridge, Hearing, U.S. House of Representatives, Committee on Education and Labor, Modern Public School Facilit