Department Of Labor, Health And Human Services, And Education, And Related Agencies Appropriations Act, 2008

Floor Speech

Date: July 18, 2007
Location: Washington, DC


DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008 -- (House of Representatives - July 18, 2007)

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The CHAIRMAN. Pursuant to the order of the House of today, the gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will control 5 minutes.

The Chair recognizes the gentlewoman from Texas.

Ms. JACKSON-LEE of Texas. Let me thank the Chair and also thank the Chair of the subcommittee and the ranking member of the subcommittee, and let me just for a moment thank them overall for this bill and mention the $3.3 billion in increased student aid; the $1.3 billion for Health Resources and Services Administration, the primary agency dealing with health care access; the $1 billion for medical research, which includes more research for cancer, diabetes, and Alzheimer's and Parkinson's; $880 million for low-income home energy; $949 million for employment and training services; and $660 million for the community services block grant. I wanted to acknowledge the direction of this bill and my support for it. But let me also acknowledge that there is more work to be done in the Department of Education Office of Civil Rights.

As I read from the report language, it indicates that this office is responsible for enforcing laws that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age in all programs and institutions that receive funds from the Department. These laws extend to the 50 State educational agencies and 16,000 local educational agencies as well, 3,500 institutions of higher learning. And that is my concern.

This amendment reduces the amount of money in the area of the administration aspect of the Department of Education, which includes the Office of Civil Rights, to focus on glaring problems that exist in that program. For example, if you look at fiscal year 2005, only 18 percent of the cases that this agency dealt with was in regard to race and national origin. As relates to minorities in special education, 10 cases were initiated, 19 were resolved.

In 2000, the Clinton administration settled a number of OCR cases, Office of Civil Rights cases, segregation cases with Historically Black Colleges. Those cases included schools in Virginia, schools in Texas, schools in Georgia, and a number of others. These particular settlements required compliance, and that means that the Office of Civil Rights was responsible for enforcing the compliance of these agreements by the States that these schools were located in. Sadly, we have found that several schools have suffered from the lack of enforcement of the Department of Education: Texas Southern University in Texas, Morgan State in Maryland, and Florida A&M in Florida.

Without the enforcement of the Office of Civil Rights, the States don't comply with requirements to end discrimination on these historically black colleges. My amendment reinforces the importance of the Office of Civil Rights continuing to enforce strongly the agreements that were made pursuant to segregation or desegregation settlements at the beginning of 2000. I would hope that recognizing the value of education, the value of the 104 Historically Black Colleges, that the Office of Civil Rights would step up their enforcement on the issues dealing with race.

Let me indicate that this is not a question of borrowing from Peter to pay Paul. I do not want to diminish enforcement on issues of disability, age discrimination, on sex discrimination, but I do want to see the increase of enforcement on issues dealing with race where it is necessary.

Unfortunately, in my own State, the Governor of the State was willing to put our Historically Black College in conservatorship even though he recognized that that would eliminate the accreditation of that school. That required an enforcement by the Department of Education and the Office of Civil Rights. They were completely missing in their enforcement responsibilities in that instance.

So, Madam Chairman, it is a simple amendment that reinforces the importance of enforcement in the Office of Civil Rights, broad based and needed, and I would ask my colleagues to support this amendment.

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Thank you for this opportunity to speak in support of my amendment to H.R. 3043, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 2008, and to commend Mr. Obey for his leadership in shepherding this bill through the legislative process. Among other agencies, this legislation funds the Office of Civil Rights, which ensures equal access to education and to promote educational excellence throughout the Nation through vigorous enforcement of civil rights.

Madam Chairman, my amendment is simple but it sends a very important message from the Congress of the United States. My amendment emphasizes the decrease in funding by $2,000,000 and an increase in funding by $2,000,000 to better assist the Office in their support for Historically Black Colleges and Universities.

Historically Black Colleges and Universities, frequently known as HBCUs are institutions of higher learning that were established before 1964 with the intention of serving the African American community. Oftentimes people talk about HBCUs as if they were all the same, but nothing could be further from the truth. There are more than 100 HBCUs in the United States, and they come in all types and sizes. HBCUs can be public or private, and come in both the two-year and 4-year variety. Some are large, and some are small. HBCUs are located in 20 States, Washington, DC, the Virgin Islands, and in my great city, Houston, TX.

Madam Chairman, one of Texas's great treasures, Texas Southern University (TSU), and like many other HBCUs need our assistance in continuing their legacies in providing superior educational opportunities to deserving young men and women. That mission cannot be accomplished if Congress does not take the appropriate action of validating my amendment into this bill. I am strongly opposed to any action or non-action that would prevent or restrict opportunities to people to gain knowledge away from these educational institutions. HBCUs pride themselves on educating American minorities, especially since there was a time in our Nation's history when people of minority status were withheld from their humane right to education.

Madam Chairman, you may not be aware that there is a serious stigma associated with HBCUs in this Nation. Many stereotypes convey that HBCUs don't prepare students for the real world, or HBCUs have too many financial problems, and even non-HBCUs offer better quality of education. Many States are considering appointing a Conservator, an individual similar to a trustee in a bankruptcy case; the Conservator's duty would be to oversee the governance of the HBCUs in each particular State. This move would be unprecedented, never in the history of this Nation has an HBCU been placed on Conservatorship. This move is essentially a death

sentence for all HBCUs. It would further validate the stereotypical stigmas attached to HBCUs around this country.

Madam Chairman, I can tell you first hand that my very own state, Texas, is considering a Conservatorship program for its HBCU, Texas Southern University. This action does not befit the distinguished history of TSU, which includes notable alumni such as two former Members of the U.S. House of Representatives, Barbara Jordan and George ``Mickey'' Leland, and will exacerbate rather than overcome the challenges facing TSU by demoralizing the faculty, alumni, and student body.

Madam, Chairman, Congress must act to bring restoration back to the HBCU community. Right now as it stands, HBCUs are underfunded and are resource deprived. Many students are unable to access the proper books, supplies and current technology needed to obtain a quality education comparable to predominately white, wealthier institutions. The lack of educational resources will disproportionately affect the type of education students receive attending HBCUs. As a direct result many HBCUs' graduates are unable to compete effectively with the non-HBCU graduates in the workplace; contributing to the ever present socio-economic disaster in America today.

Many of the HBCUs living arrangements for their students lack in comparison to predominately white institutions. HBCUs' dormitories have several maintenance problems, insect infestations, and minimum house upkeep. This type of atmosphere is hardly conducive to the learning environment that students need to excel in their school work.

For all these reasons, Madam Chairman, I urge adoption of my amendment and thank Mr. Obey for his courtesies, consideration, and very fine work in putting together this excellent legislation.

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Ms. JACKSON-LEE of Texas. Madam Chairman, as I indicated, I support this underlying bill and thank the chairman and ranking member for the work that they have done.

All of us are concerned as we move forward with educating our children, particularly in the primary and secondary school. As I work with teachers and students and families regarding public school education, one of the great concerns has been the fallout of the Leave No Child Behind. I realize that going forward we will be looking at a reform of that legislation, but I thought it was important in the reduction and increase in funding in areas dealing with disadvantaged children, disadvantaged education opportunities to emphasize the importance of providing teaching, teaching and student relationships, over testing.

Let me cite for you the dropout rates in the Hispanic and African American communities' percent of all dropouts.

Black and non-Hispanic, 27.2 percent, and the population is only 14 percent. Hispanic, 20.8 percent dropout, and the population is 15.8 percent. Much of that dropout came as a result of standardized testing when the students did not pass and, therefore, did not return back to high school.

My amendment is simple. What it offers is an emphasis on teaching children, disadvantaged children, teaching more than testing, relating to the teacher-student relationship and providing teacher-based tests.

Might I offer just a brief comment that indicates Texas Parents, Teachers Unhappy with Standardized Testing. What we need is a comprehensive approach to stop the high dropout rate, as this particular legislation has had. But, more importantly, to evaluate the idea of testing as opposed to teaching.

I would ask my colleagues to support this amendment to emphasize the importance of thwarting the high dropout rate among Hispanics and African Americans and to emphasize the importance of teaching disadvantaged children so that they remain in school and to develop tests by teachers that will be more related to the subject that the student is learning.

I ask my colleagues to support this amendment.

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Let me first thank my distinguished colleague Chairman OBEY for his extraordinary leadership and guidance in crafting this bill.

H.R. 3043 will play a crucial role in addressing and perhaps providing a cure for the many educational ills among this nation's poorest and most disadvantaged children. I fully support the spirit of the No Child Left Behind Act (NCLB) but I question its effectiveness in leaving no child behind.

Madam Chairman, leaving no child left behind starts with ensuring that all students have adequate resources to meet their particular circumstances. That is why I offer my amendment which provides: The amount otherwise provided in this Act for ``Department of Education--Title I for the Education of the Disadvantaged for ``carrying out title I of the Elementary and Secondary Education Act of 1965 (``ESEA'') (20 U.S.C. 6301 et seq.)'' is hereby decreased by $2,000,000 and increased by $2,000,000. The purpose of my amendment, which decreases and then increases the funding in Title I for the Education of the Disadvantaged, is to address the special problems and challenges to disadvantaged communities and children posed by the No Child Left Behind Act.

Madam Chairman, NCLB established goals everyone supports: high standards and accountability for the learning of all children. But NCLB is falling short of its goals for many reasons. Let's examine the purpose of NCLB which includes the following:

To improve teacher and principal quality through research supported innovation in teacher and principal preparation programs;

To increase the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals in schools; and

To foster an environment of collaboration among Pre-kindergarten through 12 school districts and universities and their units that prepare teachers and school administrators.

Madam Chairman, regardless of the purpose of the bill, the reality is that a rigid one-size-fits-all approach to accountability does not work. Improving student learning is of vital importance, and we must be fully committed to creating great public schools with high academic standards for all students. Every child should be learning and succeeding in school, but the record reflects that many minority and disadvantaged students are struggling, and the reasons are as diverse and complex as the students themselves.

Madam Chairman, all across this great nation the high school dropout rates of disadvantaged and underserved students are steadily increasing. Moreover, many school administrators are under-representing the number of high school dropouts. In my home state of Texas nearly it has been reported that 119,400 students fail to graduate with their peers each year. African-Americans and Hispanics suffer disproportionately. The rate of graduation for African-American students is 62 percent and 58 percent for Hispanics; while the rates of graduation for Asian and White students are 87 percent and 76 percent, respectively. This dismal reality not only cost individual students the opportunity to reach their goals, but also cost individual states and the entire country in a number of ways:

Dropouts from the class of 2006 cost the state more than $31 billion in lost wages, taxes, and productivity over their lifetimes.

If Texas's likely dropouts from the class of 2006 graduated instead, the state could save more than $1.6 billion in Medicaid and expenditures for uninsured care over the course of those young people's lifetimes.

If Texas's high schools and colleges raise the graduation rates of Hispanic, African-American, and Native-American students to the levels of

white students by 2020, the potential increase in personal income would add more than $46.5 billion to the state economy.

Increasing the graduation rate and college matriculation of male students in Texas by only 5 percent could lead to combined savings and revenue of almost $691 million each year by reducing crime-related costs.

Madam Chairman, we can reduce these costs exponentially by closing the achievement gaps between underserved students and those who are well served. Closing student achievement gaps is one of the most pressing challenges facing public education. Educators, with the support of the community, must reach all students--students from multiple ethnic, racial, language, and economic backgrounds; students of both genders; and students of comparable ability who are not currently achieving at equal academic levels.

Madam Chairman, student accountability is very important; however, if we are to hold all students to the same high standards, we must provide all students with the same level of opportunity to reach those high standards. In particular among minority and underserved communities, it is clear that providing children a quality education will take more than just imposing rigorous testing standards and stringent teacher evaluations. Indeed, it will take a village including school staff, parents, business and community leaders, legislators, and other education groups to fulfill our responsibility of helping a diverse array of students meet high standards. We all know that not all students are situated equally financially, socially or emotionally. Many students are severely limited in their level of academic achievement by virtue of their low-income and impoverished financial status.

Madam Chairman, minority students also have cultural and language limitations. It is extremely crucial to remember that improving educational achievements within minority and underserved communities requires the need to address culture, language, and economic differences within the educational curriculum. Helping learners make the link between their culture and the new knowledge and skills they encounter inside school is at the heart of ensuring that all students achieve at high levels. In addition, appreciation of diverse cultures is a philosophical concept built on the American ideals of freedom, justice, equality, equity, and human dignity.

We have the opportunity to truly make a difference in student achievement among all our children and leave absolutely no child behind if we provide: free, universal preschool; smaller class sizes; a qualified and caring teacher in every classroom; a challenging curriculum; ample resources for all public schools, including those that serve poor and minority students; involved parents.

We can achieve this through my amendment. I strongly urge all of my colleagues to support this amendment which will give the disadvantaged students in this country the chance to perform at the highest peak of their educational potentials.

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