February 24, 1999

Improving our nation's schools is clearly a crucial task and one deserving of the committee's time and attention. However, I regret that the committee has chosen to proceed with the consideration of Senator Frist's Ed Flex bill today, just a scant hour after two of this century's most important Senate votes.

The Senate is currently engaged in the conduct of our most serious constitutional duty--the impeachment trial of the President. Rightfully, this undertaking has engaged all of our time and energy. Beyond our required attendance on the Senate floor, we have also each been engaged in party conferences, smaller group discussions with our colleagues and other meetings crucial to the Senate's consideration. Today, in particular, was a crucial moment in this proceeding, with two historic votes on continuing the trial. These votes necessitated further discussions and meetings in search of a consensus on how to proceed.

And yet, in the midst of this turmoil, the committee chose to go forward with this mark up. I believe this step was both inappropriate and unwise. Education and the other issues before our committee are too important to move forward without our full attention and involvement. We need the opportunity to thoughtfully examine Ed Flex and other proposals, consider changes and discuss these issues with each other and our staffs. Without this level of involvement, the chances for moving strong, bipartisan legislation with any hope of passage diminish significantly.

I recognize that putting these matters aside until the impeachment trial is a settled matter is particularly difficult when discussing education. We all care a great deal about education and improving our schools. And we all know, contrary to what we have all been doing since we got here in January, education is the work we were sent here to do by our constituents.

In addition, the measure before the committee today, the Education Flexibility Partnership bill, is one that we all spent a great deal of time on last year. I personally offered three amendments and worked cooperatively and extensively with Senator Frist to improve the underlying language of the bill throughout the committee's consideration. Ultimately, I voted for the bill, but had significant reservations, which I expressed in my additional views to the committee report.

Unfortunately, nothing in these intervening months has happened to allay my concerns. We have had no hearing on this demonstration program or this bill. There continues to be basically no data on gains in student achievement--the central goal of the Ed Flex program. We continue to consider this legislation outside of the context of the Elementary and Secondary Education Act, where it rightly belongs. We have had two GAO reports raising fundamental issues about the Ed Flex program. We have yet to consider other significant proposals for reform in our schools. And, yet, in moving forward today, the committee is clearly intent on proceeding without addressing or considering these concerns.

Mr. Chairman. I remain convinced that you and Senator Frist are committed to working in a bipartisan fashion on this bill and in developing strong education policy generally. It is clear this is only path by which we can get things done. But bipartisanship is hard work that demands substantive engagement by members. In my view, there was clearly not the time or opportunity to do so, today, with the Senate so rightfully occupied with impeachment.

I look forward to the days, hopefully in the near future, where we can turn our full attention to this bill and our committee's full agenda.