Miller's "Fairness in School Discipline Act" seeks to correct the widespread misconception over what federal law requires in the way of due process when a student is suspended for unruly behavior. For example, when a student is suspended for 10 days or less, principals are obligated only to explain the reason for the suspension to the student and to let the student tell their side of the story. Miller's bill clarifies that federal law does not require schools to let the student appeal the principal's decision in these cases.

Miller said that some school systems, such as the New York City system, have 100-page regulations outlining the schools' obligations in suspending students. "This legislation would be a first step to bring back some common sense in this area. It would be a first step in letting educators run the schools," Miller said.

Miller's "Restoring Authority to Schools Act of 2004" seeks to limit federal court oversight of schools to curing only violations of federal law in the least intrusive manner and to limit the length of the oversight to two years in most cases.

While citing the benefits of court orders that have helped to desegregate schools and ensure full access for disabled students, Miller said many federal court consent decrees are overly broad and continue even when the original violation has been corrected.

"There are simply too many crazy, complicated consent decrees out there that micromanage educators' day-to-day decisions, even when there's no ongoing violation of federal law," Miller said.