S 1571 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 1571CommentsClose CommentsPermalink

To amend title I of the Elementary and Secondary Education Act of 1965, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

September 15, 2011CommentsClose CommentsPermalink

Mr. ISAKSON (for himself, Mr. ALEXANDER, Mr. KIRK, Mr. RUBIO, Mr. ROBERTS, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title I of the Elementary and Secondary Education Act of 1965, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Elementary and Secondary Education Amendments Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. References.CommentsClose CommentsPermalink





Sec. 4. Statement of purpose.CommentsClose CommentsPermalink





Sec. 5. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 6. School improvement and State administration.CommentsClose CommentsPermalink

TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

Sec. 101. Basic program requirements.CommentsClose CommentsPermalink

TITLE II--ACADEMIC ASSESSMENTS

Sec. 201. Academic assessments.CommentsClose CommentsPermalink

TITLE III--NATIONAL ASSESSMENT OF TITLE I

Sec. 301. Evaluations.CommentsClose CommentsPermalink





Sec. 302. Demonstrations of innovative practices.CommentsClose CommentsPermalink

TITLE IV--GENERAL PROVISIONS

Sec. 401. General provisions.CommentsClose CommentsPermalink

TITLE V--TRANSFERABILITY OF FUNDS

Sec. 501. Transferability of funds.CommentsClose CommentsPermalink

TITLE VI--NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS

Sec. 601. Authorizations of appropriations.CommentsClose CommentsPermalink

SEC. 3. REFERENCES.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).CommentsClose CommentsPermalink

SEC. 4. STATEMENT OF PURPOSE.

Section 1001 (20 U.S.C. 6301) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 1001. STATEMENT OF PURPOSE.

‘The purpose of this title is to ensure that all children have a fair, equal, and significant opportunity to receive a high-quality education that prepares them for college and a career, without the need for academic remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers.’.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

Section 1002 (20 U.S.C. 6302) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

‘(a) Local Educational Agency Grants- For the purpose of carrying out part A, there are authorized to be appropriated $14,463,416,198 for each of fiscal years 2012 through 2016.CommentsClose CommentsPermalink





‘(b) School Turnaround and Public School Choice- For the purpose of carrying out section 1114(c), there are authorized to be appropriated $534,561,734 for each of fiscal years 2012 through 2016.CommentsClose CommentsPermalink





‘(c) State Assessments- For the purpose of carrying out part B, there are authorized to be appropriated $389,950,536 for each of fiscal years 2012 through 2016.CommentsClose CommentsPermalink





‘(d) Education of Migratory Children- For the purpose of carrying out part C, there are authorized to be appropriated $393,981,458 for each of fiscal years 2012 through 2016.CommentsClose CommentsPermalink





‘(e) Prevention and Intervention Programs for Youth Who Are Neglected, Delinquent, or at Risk- For the purpose of carrying out part D, there are authorized to be appropriated $50,326,146 for each of fiscal years 2012 through 2016.CommentsClose CommentsPermalink





‘(f) Federal Activities- For the purpose of carrying out section 1501, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2016.’.CommentsClose CommentsPermalink

SEC. 6. SCHOOL IMPROVEMENT AND STATE ADMINISTRATION.

The Act (20 U.S.C. 6301 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking section 1003; andCommentsClose CommentsPermalink





(2) by redesignating section 1004 as section 1003.CommentsClose CommentsPermalink

TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIESCommentsClose CommentsPermalink

SEC. 101. BASIC PROGRAM REQUIREMENTS.

Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking sections 1111 through 1117 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 1111. STATE PLANS.

‘(a) Plans Required-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators, other staff, and parents, that satisfies the requirements of this section.CommentsClose CommentsPermalink





‘(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302.CommentsClose CommentsPermalink





‘(3) PEER REVIEW AND SECRETARIAL APPROVAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(i) establish a peer-review process to assist in the review of State plans;CommentsClose CommentsPermalink





‘(ii) establish multidisciplinary peer review teams and appoint their members, including persons with State educational agency, local educational agency, and broader education reform experience, and those who are familiar with academic standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; andCommentsClose CommentsPermalink





‘(iii) approve a State plan within 45 days of its submission unless the Secretary demonstrates that the plan does not meet the requirements of this section.CommentsClose CommentsPermalink





‘(B) PURPOSE OF PEER REVIEW- The peer review process shall be designed to--CommentsClose CommentsPermalink





‘(i) promote effective implementation of college and career ready standards through State and local innovation; andCommentsClose CommentsPermalink





‘(ii) provide transparent feedback to States designed to strengthen the State’s plans.CommentsClose CommentsPermalink





‘(C) STANDARD AND NATURE OF REVIEW- Peer reviewers shall conduct a good faith review of State plans in their totality and in deference to State and local judgments, with the goal of promoting State- and local-led innovation.CommentsClose CommentsPermalink





‘(4) STATE PLAN DETERMINATION, DEMONSTRATION, AND REVISION- If the Secretary determines that the State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve a State plan--CommentsClose CommentsPermalink





‘(A) immediately notify the State of such determination;CommentsClose CommentsPermalink





‘(B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements;CommentsClose CommentsPermalink





‘(C) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination;CommentsClose CommentsPermalink





‘(D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); andCommentsClose CommentsPermalink





‘(E) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing.CommentsClose CommentsPermalink





‘(5) STATE PLAN DISAPPROVAL- The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and--CommentsClose CommentsPermalink





‘(A) the State does not revise and resubmit its plan; orCommentsClose CommentsPermalink





‘(B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(E).CommentsClose CommentsPermalink





‘(6) LIMITATIONS- The Secretary shall not have the authority to require a State, as a condition of approval of the State plan, to--CommentsClose CommentsPermalink





‘(A) include in, or delete from, such plan 1 or more specific elements of the State’s academic content standards or academic achievement standards;CommentsClose CommentsPermalink





‘(B) use specific academic assessment instruments or items; orCommentsClose CommentsPermalink





‘(C) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve--CommentsClose CommentsPermalink





‘(i) State standards;CommentsClose CommentsPermalink





‘(ii) assessments;CommentsClose CommentsPermalink





‘(iii) State accountability systems;CommentsClose CommentsPermalink





‘(iv) systems that measure student growth;CommentsClose CommentsPermalink





‘(v) measures of other academic indicators; orCommentsClose CommentsPermalink





‘(vi) teacher and principal evaluation systems.CommentsClose CommentsPermalink





‘(7) PUBLIC REVIEW- All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the Department website, including--CommentsClose CommentsPermalink





‘(A) plans submitted or resubmitted by a State;CommentsClose CommentsPermalink





‘(B) peer review comments;CommentsClose CommentsPermalink





‘(C) State plan determinations by the Secretary, including approvals or disapprovals; andCommentsClose CommentsPermalink





‘(D) public hearings under this section.CommentsClose CommentsPermalink





‘(8) DURATION OF THE PLAN-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State plan shall--CommentsClose CommentsPermalink





‘(i) remain in effect for the duration of the State’s participation under this part; andCommentsClose CommentsPermalink





‘(ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part.CommentsClose CommentsPermalink





‘(B) ADDITIONAL INFORMATION- A State shall notify the Secretary if a State makes significant changes to its plan, such as the adoption of new State academic content standards, State academic achievement standards, new academic assessments, or changes to its accountability system under subsection (b)(3).CommentsClose CommentsPermalink





‘(9) FAILURE TO MEET REQUIREMENTS- If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements.CommentsClose CommentsPermalink





‘(b) Academic Standards, Academic Assessments, and State Accountability Systems-CommentsClose CommentsPermalink





‘(1) COLLEGE AND CAREER READY ACADEMIC STANDARDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State shall provide an assurance that the State has adopted college and career ready academic content standards and student academic achievement standards that will be used by the State, its local educational agencies, and its schools to carry out this part.CommentsClose CommentsPermalink





‘(B) SAME STANDARDS- The standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school children in the State.CommentsClose CommentsPermalink





‘(C) SUBJECTS- The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all children in the State.CommentsClose CommentsPermalink





‘(D) ALIGNMENT- Each State shall provide an assurance to the Secretary that the State’s college and career ready standards for academic content and student academic achievement are aligned with--CommentsClose CommentsPermalink





‘(i) entrance requirements, without the need for academic remediation, for an institution of higher education in the State; andCommentsClose CommentsPermalink





‘(ii) State performance measures identified in the State plan under section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006.CommentsClose CommentsPermalink





‘(E) ALTERNATE ACADEMIC ACHIEVEMENT STANDARDS- Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities who take an alternate assessment, provided those standards--CommentsClose CommentsPermalink





‘(i) are aligned with the State’s college and career ready academic content standards under subparagraph (A);CommentsClose CommentsPermalink





‘(ii) promote access to the general curriculum; andCommentsClose CommentsPermalink





‘(iii) reflect professional judgment of the highest achievement standards attainable by those students.CommentsClose CommentsPermalink





‘(F) MODIFIED ACADEMIC ACHIEVEMENT STANDARDS- Notwithstanding any other provision of this paragraph, a State may, through a documented and validated standards-setting process, adopt modified academic achievement standards for students who have disabilities that preclude them from meeting State student achievement standards within the academic year covered by a student’s individualized education program under section 614(d) of the Individuals with Disabilities Education Act, provided those standards--CommentsClose CommentsPermalink





‘(i) are aligned with the State’s college and career ready academic content standards under subparagraph (A) for the grade in which the student is enrolled; andCommentsClose CommentsPermalink





‘(ii) are challenging for such eligible students, but may be less difficult than the grade-level academic achievement standards under this section.CommentsClose CommentsPermalink





‘(G) ENGLISH LANGUAGE PROFICIENCY STANDARDS- Each State plan shall provide an assurance that the State has adopted English language proficiency standards that are aligned with the State’s academic content standards under subparagraph (A). Such standards shall--CommentsClose CommentsPermalink





‘(i) ensure proficiency in each of the domains of speaking, listening, reading, and writing;CommentsClose CommentsPermalink





‘(ii) address the different proficiency levels of English language learners; andCommentsClose CommentsPermalink





‘(iii) be aligned with the State’s academic content standards in reading or language arts so that achieving proficiency against the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards.CommentsClose CommentsPermalink





‘(H) PROHIBITION- A State shall not be required to submit any standards developed under this subsection for academic content or student academic achievement to the Secretary for review or approval.CommentsClose CommentsPermalink





‘(I) EXISTING STANDARDS- Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Elementary and Secondary Education Amendments Act of 2011.CommentsClose CommentsPermalink





‘(2) ACADEMIC ASSESSMENTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State plan shall provide an assurance that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality, yearly student academic assessments that include, at a minimum, academic assessments in mathematics and reading or language arts that will be used as the primary means of determining the yearly performance of each school in the State in enabling all children to meet the State’s challenging student academic achievement standards.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- Each State plan shall provide an assurance that such assessments--CommentsClose CommentsPermalink





‘(i) are the same academic assessments used to measure the achievement of all students;CommentsClose CommentsPermalink





‘(ii) are aligned with the State’s academic content and student academic achievement standards, and provide coherent information about student attainment of such standards;CommentsClose CommentsPermalink





‘(iii) are used for purposes for which such assessments are valid and reliable, be of adequate technical quality for each purpose required under this Act, and be consistent with relevant, nationally recognized professional and technical standards;CommentsClose CommentsPermalink





‘(iv)(I) measure the annual academic achievement of all students against the State’s academic achievement standards in mathematics and reading or language arts, and be administered--CommentsClose CommentsPermalink





‘(aa) in each of grades 3 through 8; andCommentsClose CommentsPermalink





‘(bb) at least once in grades 9 through 12; andCommentsClose CommentsPermalink





‘(II) measure the academic achievement of all students against the State’s academic achievement standards in science, and be administered not less than one time, during--CommentsClose CommentsPermalink





‘(aa) grades 3 through 5;CommentsClose CommentsPermalink





‘(bb) grades 6 through 8; andCommentsClose CommentsPermalink





‘(cc) grades 9 through 12;CommentsClose CommentsPermalink





‘(v) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding and measure growth in student academic achievement;CommentsClose CommentsPermalink





‘(vi) provide for--CommentsClose CommentsPermalink





‘(I) the participation in such assessments of all students;CommentsClose CommentsPermalink





‘(II) the reasonable adaptations and accommodations for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act) necessary to measure the academic achievement of such children relative to State academic content and student academic achievement standards; andCommentsClose CommentsPermalink





‘(III) alternate assessments aligned with grade-level academic content and academic achievement standards, unless the State develops alternate assessments aligned with--CommentsClose CommentsPermalink

‘(aa) alternate academic achievement standards, consistent with subparagraph (C), for students with the most significant cognitive disabilities; orCommentsClose CommentsPermalink

‘(bb) modified academic achievement standards consistent with subparagraph (C); andCommentsClose CommentsPermalink

‘(IV) the inclusion of English language learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(G);CommentsClose CommentsPermalink





‘(vii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, and principals to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments, and that are provided to parents, teachers, and principals in a timely manner after the assessment is given, in an understandable and uniform format; andCommentsClose CommentsPermalink





‘(viii) enable results to be disaggregated within each State, local educational agency, and school, by--CommentsClose CommentsPermalink





‘(I) each major racial and ethnic group;CommentsClose CommentsPermalink





‘(II) economically disadvantaged students as compared to students who are not economically disadvantaged;CommentsClose CommentsPermalink





‘(III) students with disabilities as compared to nondisabled students;CommentsClose CommentsPermalink





‘(IV) English proficiency status;CommentsClose CommentsPermalink





‘(V) gender; andCommentsClose CommentsPermalink





‘(VI) migrant status.CommentsClose CommentsPermalink





‘(C) STUDENTS WITH DISABILITIES-CommentsClose CommentsPermalink





‘(i) ALTERNATE STANDARDS- A State may provide for alternate assessments aligned with alternate academic achievement standards for students with the most significant cognitive disabilities, if the State--CommentsClose CommentsPermalink





‘(I) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) (referred to in this section as ‘IEP Teams’) to apply in determining when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards;CommentsClose CommentsPermalink





‘(II) ensures that the parents of those students are informed that their child’s academic achievement will be based on alternate academic achievement standards;CommentsClose CommentsPermalink





‘(III) documents that students with the most significant cognitive disabilities are, to the extent practicable, included in the general curriculum, and in assessments aligned with that curriculum;CommentsClose CommentsPermalink





‘(IV) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled; andCommentsClose CommentsPermalink





‘(V) ensures that regular and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, for students with disabilities.CommentsClose CommentsPermalink





‘(ii) MODIFIED STANDARDS- A State may assess students with disabilities based on modified academic achievement standards, if the State--CommentsClose CommentsPermalink





‘(I) establishes and ensures implementation of clear and appropriate guidelines for IEP Teams to apply in determining which students with disabilities are eligible to be assessed based on modified academic achievement standards, which criteria, at a minimum, shall include--CommentsClose CommentsPermalink

‘(aa) whether the student’s disability has precluded the student from achieving grade-level proficiency, as demonstrated by objective evidence, such as the student’s performance on the State’s regular assessments or on other assessments that can validly demonstrate academic achievement; andCommentsClose CommentsPermalink

‘(bb) whether the student’s progress in response to appropriate instruction, including special education and related services designed to address the student’s individual needs, is such that, even if significant growth occurs, the IEP Team is reasonably certain that the student will not achieve to grade-level within the year covered by the IEP, which progress shall be based on multiple measurements, over a period of time, that are valid for the subjects being assessed;CommentsClose CommentsPermalink

‘(II) ensures that, if a student’s IEP includes goals for a subject assessed based on modified academic achievement standards, those goals are based on academic content standards for the grade in which the student is enrolled;CommentsClose CommentsPermalink





‘(III) ensures that parents of students with disabilities who are assessed against modified academic achievement standards are informed that their child’s achievement will be measured based on modified academic achievement standards;CommentsClose CommentsPermalink





‘(IV) ensures that the alternate assessment yields results that measure the achievement of those students separately in reading or language arts, mathematics, and science relative to the modified academic achievement standards;CommentsClose CommentsPermalink





‘(V) ensures that students who are assessed based on modified academic achievement standards have access to the curriculum, including instruction, for the grade in which the students are enrolled; andCommentsClose CommentsPermalink





‘(VI) establishes and monitors implementation of clear and appropriate guidelines for IEP Teams to apply in developing and implementing IEPs for students who are assessed based on modified academic achievement standards.CommentsClose CommentsPermalink





‘(D) LANGUAGE ASSESSMENTS- Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as are necessary.CommentsClose CommentsPermalink





‘(E) ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY- Each State plan shall provide an assurance that local educational agencies in the State will provide for an annual assessment of English proficiency (measuring students’ speaking, listening, reading, and writing skills in English) of all English language learners in the schools served by the State educational agency, except that each local educational agency shall have discretion to exempt any student who has been assessed as proficient in listening, speaking, reading, or writing English from the corresponding portion of the assessment.CommentsClose CommentsPermalink





‘(F) DEFERRAL- A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $389,950,536.CommentsClose CommentsPermalink





‘(G) CONSTRUCTION- Nothing in this paragraph shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes.CommentsClose CommentsPermalink





‘(3) STATE ACCOUNTABILITY SYSTEM-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each State plan shall provide an assurance that the State has developed and is implementing a single, statewide State accountability system that will be based on the academic content standards and student academic achievement standards adopted by the State, and other academic indicators related to student achievement identified by the State, to ensure that all students graduate from high school college and career ready without the need for academic remediation and that takes into account the academic achievement of all public elementary school and secondary school students that, at a minimum--CommentsClose CommentsPermalink





‘(i) measures annual academic achievement of all public elementary school and secondary school students in the State towards meeting the student academic achievement standards established by the State in mathematics and reading or language arts, which may include measures of student growth to such standards;CommentsClose CommentsPermalink





‘(ii) ensures that any systems to measure student growth or other academic indicators related to student achievement are valid and reliable, and are consistent with relevant, nationally recognized professional and technical standards;CommentsClose CommentsPermalink





‘(iii) establishes a system of identifying and differentiating among all public elementary schools and secondary schools in the State based on student academic achievement and any other factors determined appropriate by the State and also takes into account--CommentsClose CommentsPermalink





‘(I) achievement gaps between each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii); andCommentsClose CommentsPermalink





‘(II) overall performance of all students and of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii);CommentsClose CommentsPermalink





‘(iv) for public elementary schools and secondary schools participating under this part, identifies the lowest performing 5 percent of such schools;CommentsClose CommentsPermalink





‘(v) provides assistance to local educational agencies to identify and implement appropriate school turnaround models for identified schools;CommentsClose CommentsPermalink





‘(vi) provides a clear and understandable explanation of the method of identifying schools under clause (iv);CommentsClose CommentsPermalink





‘(vii) measures the annual progress of not less than 95 percent of each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii) who are enrolled in the school and are required to take the assessments under paragraph (2); andCommentsClose CommentsPermalink





‘(viii) measures the high school graduation rate for each category of students described in subclauses (I) through (IV) of paragraph (2)(B)(viii).CommentsClose CommentsPermalink





‘(B) PROHIBITION ON REGULATION- Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes the standards or measures that State or local educational agencies use to establish, implement, or improve--CommentsClose CommentsPermalink





‘(i) State standards;CommentsClose CommentsPermalink





‘(ii) assessments;CommentsClose CommentsPermalink





‘(iii) State accountability systems;CommentsClose CommentsPermalink





‘(iv) systems that measure student growth;CommentsClose CommentsPermalink





‘(v) measures of other academic indicators; orCommentsClose CommentsPermalink





‘(vi) teacher and principal evaluation systems.CommentsClose CommentsPermalink





‘(c) Provisions To Support Teaching and Learning- Each State plan shall provide an assurance that--CommentsClose CommentsPermalink





‘(1) the State will notify local educational agencies, schools, teachers, parents, and the public of the academic content standards, student academic achievement standards, academic assessments, and State accountability system, developed under this section;CommentsClose CommentsPermalink





‘(2) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; andCommentsClose CommentsPermalink





‘(3) low-income and minority children, enrolled in schools assisted under this part, are served by effective teachers and principals and have access to a high-quality instructional program in the core academic subjects, and the State shall adopt measures to evaluate and publicly report the progress of the State educational agency with respect to such steps.CommentsClose CommentsPermalink





‘(d) Other Assurances- Each State plan shall contain an assurance that--CommentsClose CommentsPermalink





‘(1) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments;CommentsClose CommentsPermalink





‘(2) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements;CommentsClose CommentsPermalink





‘(3) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices; andCommentsClose CommentsPermalink





‘(4) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part.CommentsClose CommentsPermalink





‘(e) Reports-CommentsClose CommentsPermalink





‘(1) ANNUAL STATE REPORT CARD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card.CommentsClose CommentsPermalink





‘(B) IMPLEMENTATION- The State report card shall be--CommentsClose CommentsPermalink





‘(i) concise; andCommentsClose CommentsPermalink





‘(ii) presented in an understandable and uniform format.CommentsClose CommentsPermalink





‘(C) REQUIRED INFORMATION- The State shall include in its annual State report card--CommentsClose CommentsPermalink





‘(i) information, in the aggregate, on student achievement on the State academic assessments described in subsection (b)(2) (disaggregated by each category of students described in subsection (b)(2)(B)(viii));CommentsClose CommentsPermalink





‘(ii) the percentage of students tested (disaggregated by each category of students described in subsection (b)(2)(B)(viii));CommentsClose CommentsPermalink





‘(iii) information on any other indicator used by the State to determine student achievement under subsection (b)(3) (disaggregated by each category of students described in subsection (b)(2)(B)(viii));CommentsClose CommentsPermalink





‘(iv) graduation rates for secondary school students consistent with subsection (b)(3)(A)(viii);CommentsClose CommentsPermalink





‘(v) the professional qualifications of teachers in the State and the percentage of such teachers teaching with emergency or provisional credentials, in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in the top quartile of poverty and the bottom quartile of poverty in the State;CommentsClose CommentsPermalink





‘(vi) information on the performance of local educational agencies and schools in the State, including the number and names of each school identified under section 1114(a)(1)(B); andCommentsClose CommentsPermalink





‘(vii) for a State that implements a teacher and principal effectiveness evaluation system consistent with title II, the evaluation results of teachers and principals, except that such information shall not provide individually identifiable information on individual teachers or principals.CommentsClose CommentsPermalink





‘(D) FINANCIAL INFORMATION- The State shall include in its annual State report card the per-pupil expenditures of Federal, State, and local funds for each local educational agency in the State for the preceding fiscal year.CommentsClose CommentsPermalink





‘(E) OPTIONAL INFORMATION- The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools.CommentsClose CommentsPermalink





‘(F) PRESENTATION OF DATA- A State educational agency shall only include in its annual report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student, teacher, or principal.CommentsClose CommentsPermalink





‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS-CommentsClose CommentsPermalink





‘(A) REPORT CARDS- A local educational agency that receives assistance under this part shall prepare and disseminate, in accordance with subparagraph (F), an annual local educational agency report card.CommentsClose CommentsPermalink





‘(B) MINIMUM REQUIREMENTS- The local educational agency shall include in its report card the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and--CommentsClose CommentsPermalink





‘(i) in the case of a local educational agency--CommentsClose CommentsPermalink





‘(I) the number and percentage of schools identified under section 1114(a)(1)(B) and how long the schools have been so identified; andCommentsClose CommentsPermalink





‘(II) information that shows how students served by the local educational agency achieved on the statewide academic assessment compared to students in the State as a whole; andCommentsClose CommentsPermalink





‘(ii) in the case of a school--CommentsClose CommentsPermalink





‘(I) whether the school has been identified under section 1114(a)(1)(B) and how long the school has been so identified; andCommentsClose CommentsPermalink





‘(II) information that shows how the school’s students’ achievement on the statewide academic assessments compared to students in the local educational agency and the State as a whole.CommentsClose CommentsPermalink





‘(C) FINANCIAL INFORMATION- The local educational agency shall include in its annual local educational agency report card the per-pupil expenditures of Federal, State, and local funds for each school served by the agency for the preceding fiscal year.CommentsClose CommentsPermalink





‘(D) OTHER INFORMATION- A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card.CommentsClose CommentsPermalink





‘(E) PRESENTATION OF DATA- A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student.CommentsClose CommentsPermalink





‘(F) PUBLIC DISSEMINATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), a local educational agency shall--CommentsClose CommentsPermalink





‘(I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools in an understandable and uniform format; andCommentsClose CommentsPermalink





‘(II) make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies.CommentsClose CommentsPermalink





‘(ii) EXCEPTION- If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report.CommentsClose CommentsPermalink





‘(3) PREEXISTING REPORT CARDS- A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection.CommentsClose CommentsPermalink





‘(4) ANNUAL STATE REPORT TO THE SECRETARY- Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State--CommentsClose CommentsPermalink





‘(A) information on the achievement of students on the academic assessments required under subsection (b)(2), including the disaggregated results for each category of students described in subsection (b)(2)(B)(viii);CommentsClose CommentsPermalink





‘(B) information on the acquisition of English proficiency by children who are English language learners;CommentsClose CommentsPermalink





‘(C) the number and names of the schools identified under section 1114(a)(1)(B), and the school turnaround strategy identified under section 1114(c) taken to address the achievement problems of each such school;CommentsClose CommentsPermalink





‘(D) the number of students and schools that participated in public school choice under this title;CommentsClose CommentsPermalink





‘(E)(i) information on the quality and effectiveness of teachers; andCommentsClose CommentsPermalink





‘(ii) the percentage of classes being taught by teachers who are licensed or certified to teach in their field of study, for the State and for each local educational agency and public elementary or secondary school in the State; andCommentsClose CommentsPermalink





‘(F) information on the results of the teacher and principal evaluation system, as applicable.CommentsClose CommentsPermalink





‘(5) REPORT TO CONGRESS- The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (4). Such report shall be submitted through electronic means only.CommentsClose CommentsPermalink





‘(6) Secretary’s REPORT CARD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than July 1, 2013, and annually thereafter, the Secretary shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall--CommentsClose CommentsPermalink





‘(i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports;CommentsClose CommentsPermalink





‘(ii) analyze data from the National Assessment of Educational Progress and comparable international assessments;CommentsClose CommentsPermalink





‘(iii) identify trends in student achievement, student performance, and secondary school graduation rates, by analyzing and reporting on the status and performance of students, disaggregated by each category of students described in subsection (b)(2)(B)(viii);CommentsClose CommentsPermalink





‘(iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries and pension obligations, school level spending, and other financial data publicly available, and report on current trends and major findings; andCommentsClose CommentsPermalink





‘(v) analyze information on the teaching and principal profession, including education and training, retention and mobility, and effectiveness in improving student achievement.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE- The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law.CommentsClose CommentsPermalink





‘(f) Voluntary Partnerships- A State may enter into a voluntary partnership with another State to develop and implement the academic assessments, State academic content standards, and accountability systems required under this section.CommentsClose CommentsPermalink





‘(g) Special Rule With Respect to Bureau-Funded Schools- In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply:CommentsClose CommentsPermalink





‘(1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior.CommentsClose CommentsPermalink





‘(2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section.CommentsClose CommentsPermalink





‘(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section.CommentsClose CommentsPermalink

‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘(a) Plans Required-CommentsClose CommentsPermalink





‘(1) SUBGRANTS- A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is developed in consultation with teachers, principals, administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part, that satisfies the requirements of this section.CommentsClose CommentsPermalink





‘(2) CONSOLIDATED APPLICATION- The plan may be submitted as part of a consolidated application under section 9305.CommentsClose CommentsPermalink





‘(3) STATE REVIEW AND APPROVAL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each local educational agency plan shall be filed according to a schedule established by the State educational agency.CommentsClose CommentsPermalink





‘(B) APPROVAL- The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan satisfies the requirements of this part and enables children served under this part to meet the college and career ready standards expected of all children described in section 1111(b)(1).CommentsClose CommentsPermalink





‘(4) DURATION- Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the and shall remain in effect for the duration of the agency’s participation under this part.CommentsClose CommentsPermalink





‘(5) REVIEW- Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part.CommentsClose CommentsPermalink





‘(b) Plan Provisions- To ensure that all children receive a high-quality education that prepares them to be college and career ready without the need for academic remediation, and to close the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers, each local educational agency plan shall describe--CommentsClose CommentsPermalink





‘(1) how the local educational agency will work with each of the schools served by the agency so that students meet the State’s college and career ready academic standards by--CommentsClose CommentsPermalink





‘(A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students;CommentsClose CommentsPermalink





‘(B) identifying quickly and effectively students who may be at risk for academic failure;CommentsClose CommentsPermalink





‘(C) providing additional educational assistance to individual students determined as needing help in meeting the State’s student academic achievement standards;CommentsClose CommentsPermalink





‘(D) identifying significant gaps in student academic achievement between each category of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii) and develop strategies to reduce such gaps in achievement; andCommentsClose CommentsPermalink





‘(E) identifying and implementing effective methods and instructional strategies that are based on scientifically valid research intended to strengthen the core academic program of the school;CommentsClose CommentsPermalink





‘(2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement, especially for students not meeting State student academic achievement standards;CommentsClose CommentsPermalink





‘(3)(A) how the local educational agency will meet the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals; andCommentsClose CommentsPermalink





‘(B) how the local educational agency, through incentives for voluntary transfers, recruitment programs, incentive pay, performance- or merit-based pay systems, or other effective strategies, will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, out-of-field, or inexperienced teachers;CommentsClose CommentsPermalink





‘(4) the actions the local educational agency will take to assist schools identified under section 1114(a)(1)(B) and other schools also identified by the local educational agency as in need of assistance to improve student academic achievement, and the funds used to conduct such actions;CommentsClose CommentsPermalink





‘(5) the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs;CommentsClose CommentsPermalink





‘(6) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(3)(C)(i);CommentsClose CommentsPermalink





‘(7) the strategy the local educational agency will use to implement effective parental involvement under section 1118;CommentsClose CommentsPermalink





‘(8) how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs, and, if appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating in a Head Start program, which may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable public early childhood development program;CommentsClose CommentsPermalink





‘(9) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, and local services and programs; andCommentsClose CommentsPermalink





‘(10) how teachers, in consultation with parents, administrators, and pupil services personnel, in targeted assistance schools under section 1113, will identify the eligible children most in need of services under this part.CommentsClose CommentsPermalink





‘(c) Assurances- Each local educational agency plan shall provide assurances that the local educational agency will--CommentsClose CommentsPermalink





‘(1) ensure that the results from the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken;CommentsClose CommentsPermalink





‘(2) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part;CommentsClose CommentsPermalink





‘(3) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services; andCommentsClose CommentsPermalink





‘(4) participate, if selected, in the National Assessment of Educational Progress in 4th and 8th grade reading and mathematics carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act.CommentsClose CommentsPermalink





‘(d) Schoolwide Program Plans- In addition to the plan requirements described in subsection (c), for schools operating a schoolwide program under section 1113(b)(2), the plan shall also include--CommentsClose CommentsPermalink





‘(1) a description of schoolwide reform strategies that--CommentsClose CommentsPermalink





‘(A) provide opportunities for all children to meet the State’s academic achievement standards under section 1111(b);CommentsClose CommentsPermalink





‘(B) use effective methods and instructional strategies that are based on scientifically valid research that--CommentsClose CommentsPermalink





‘(i) strengthen the core academic program in the school; andCommentsClose CommentsPermalink





‘(ii) increase the amount and quality of learning time and help provide an enriched and accelerated curriculum; andCommentsClose CommentsPermalink





‘(C) address the academic and other support needs of all children in the school;CommentsClose CommentsPermalink





‘(2) a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; andCommentsClose CommentsPermalink





‘(3) if appropriate, a description of how funds will be used to establish or enhance prekindergarten programs for children below the age of 6.CommentsClose CommentsPermalink





‘(e) Targeted Assistance School Plans- In addition to the plan requirements described in subsection (c), for schools operating a targeted assistance program under section 1113(b)(3), the plan shall also include--CommentsClose CommentsPermalink





‘(1) a description of--CommentsClose CommentsPermalink





‘(A) the process for determining which students will be served and the students to be served;CommentsClose CommentsPermalink





‘(B) the assistance that will be provided to such students; andCommentsClose CommentsPermalink





‘(C) how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school;CommentsClose CommentsPermalink





‘(2) assurances that the school will--CommentsClose CommentsPermalink





‘(A) help provide an accelerated, high-quality curriculum;CommentsClose CommentsPermalink





‘(B) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; andCommentsClose CommentsPermalink





‘(C) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the State’s college and career ready academic achievement standards.CommentsClose CommentsPermalink





‘(f) Parents Right-To-Know-CommentsClose CommentsPermalink





‘(1) TEACHER QUALIFICATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including, at a minimum, the following:CommentsClose CommentsPermalink





‘(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction.CommentsClose CommentsPermalink





‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived.CommentsClose CommentsPermalink





‘(iii) Whether the child is provided services by paraprofessionals and, if so, whether each such paraprofessional meets the qualifications required under section 1119.CommentsClose CommentsPermalink





‘(B) ADDITIONAL INFORMATION- In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent--CommentsClose CommentsPermalink





‘(i) information on the level of achievement of the parent’s child in each of the State academic assessments as required under this part; andCommentsClose CommentsPermalink





‘(ii) timely notice that the parent’s child has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements.CommentsClose CommentsPermalink





‘(2) LANGUAGE INSTRUCTION-CommentsClose CommentsPermalink





‘(A) NOTICE- Each local educational agency using funds under this part to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of an English language learner identified for participation or participating in such a program of--CommentsClose CommentsPermalink





‘(i) the reasons for the identification of their child as an English language learner and in need of placement in a language instruction educational program;CommentsClose CommentsPermalink





‘(ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement;CommentsClose CommentsPermalink





‘(iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction;CommentsClose CommentsPermalink





‘(iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child;CommentsClose CommentsPermalink





‘(v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation;CommentsClose CommentsPermalink





‘(vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English language learners, and the expected rate of graduation from secondary school for such program if funds under this part are used for children in secondary schools;CommentsClose CommentsPermalink





‘(vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(a)(1)(D) of the Individuals with Disabilities Education Act; andCommentsClose CommentsPermalink





‘(viii) information pertaining to parental rights that includes written guidance--CommentsClose CommentsPermalink





‘(I) detailing--CommentsClose CommentsPermalink

‘(aa) the right that parents have to have their child immediately removed from such program upon their request; andCommentsClose CommentsPermalink

‘(bb) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; andCommentsClose CommentsPermalink

‘(II) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR- For those children who have not been identified as English language learners prior to the beginning of the school year but are identified as English language learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A).CommentsClose CommentsPermalink





‘(C) PARENTAL PARTICIPATION- Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English language learners to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet challenging State academic achievement standards and State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part.CommentsClose CommentsPermalink





‘(D) BASIS FOR ADMISSION OR EXCLUSION- A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.CommentsClose CommentsPermalink





‘(3) FORMAT- The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.CommentsClose CommentsPermalink

‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS; SCHOOLWIDE PROGRAMS; TARGETED ASSISTANCE PROGRAMS.

‘(a) Eligible School Attendance Areas-CommentsClose CommentsPermalink





‘(1) DETERMINATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A local educational agency shall use funds received under this part only in eligible school attendance areas.CommentsClose CommentsPermalink





‘(B) ELIGIBLE SCHOOL ATTENDANCE AREAS- In this part--CommentsClose CommentsPermalink





‘(i) the term ‘school attendance area’ means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; andCommentsClose CommentsPermalink





‘(ii) the term ‘eligible school attendance area’ means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole.CommentsClose CommentsPermalink





‘(C) RANKING ORDER- If funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall--CommentsClose CommentsPermalink





‘(i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; andCommentsClose CommentsPermalink





‘(ii) serve such eligible school attendance areas in rank order.CommentsClose CommentsPermalink





‘(D) REMAINING FUNDS- If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall--CommentsClose CommentsPermalink





‘(i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; andCommentsClose CommentsPermalink





‘(ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole.CommentsClose CommentsPermalink





‘(E) MEASURES- The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency--CommentsClose CommentsPermalink





‘(i) to identify eligible school attendance areas;CommentsClose CommentsPermalink





‘(ii) to determine the ranking of each area; andCommentsClose CommentsPermalink





‘(iii) to determine allocations under paragraph (3).CommentsClose CommentsPermalink





‘(F) EXCEPTION- This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children.CommentsClose CommentsPermalink





‘(G) WAIVER FOR DESEGREGATION PLANS- The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if--CommentsClose CommentsPermalink





‘(i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; andCommentsClose CommentsPermalink





‘(ii) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part.CommentsClose CommentsPermalink





‘(2) LOCAL EDUCATIONAL AGENCY DISCRETION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Notwithstanding paragraph (1)(B), a local educational agency may--CommentsClose CommentsPermalink





‘(i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families;CommentsClose CommentsPermalink





‘(ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency;CommentsClose CommentsPermalink





‘(iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; andCommentsClose CommentsPermalink





‘(iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if--CommentsClose CommentsPermalink





‘(I) the school meets the comparability requirements of section 1120A(c);CommentsClose CommentsPermalink





‘(II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; andCommentsClose CommentsPermalink





‘(III) the funds expended from such other sources equal or exceed the amount that would be provided under this part.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE- Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A).CommentsClose CommentsPermalink





‘(3) ALLOCATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater.CommentsClose CommentsPermalink





‘(ii) EXCEPTION- A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section.CommentsClose CommentsPermalink





‘(C) RESERVATION- A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve--CommentsClose CommentsPermalink





‘(i) homeless children who do not attend participating schools, including providing educationally related support services to children in shelters and other locations where children may live;CommentsClose CommentsPermalink





‘(ii) children in local institutions for neglected children; andCommentsClose CommentsPermalink





‘(iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day school programs.CommentsClose CommentsPermalink





‘(b) Schoolwide Programs and Targeted Assistance Schools-CommentsClose CommentsPermalink





‘(1) IN GENERAL- For each school that will receive funds under this part, the local educational agency shall determine whether the school operates as a schoolwide program consistent with paragraph (2) or a targeted assistance school consistent with paragraph (3).CommentsClose CommentsPermalink





‘(2) SCHOOLWIDE PROGRAMS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families.CommentsClose CommentsPermalink





‘(B) IDENTIFICATION OF STUDENTS NOT REQUIRED-CommentsClose CommentsPermalink





‘(i) IN GENERAL- No school participating in a schoolwide program shall be required--CommentsClose CommentsPermalink





‘(I) to identify particular children under this part as eligible to participate in a schoolwide program; orCommentsClose CommentsPermalink





‘(II) to provide services to such children that are supplementary, as otherwise required by section 1120A(b).CommentsClose CommentsPermalink





‘(ii) SUPPLEMENTAL FUNDS- A school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English language learners.CommentsClose CommentsPermalink





‘(C) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS-CommentsClose CommentsPermalink





‘(i) EXEMPTION- The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met.CommentsClose CommentsPermalink





‘(ii) REQUIREMENTS- A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, maintenance of effort, comparability of services, uses of Federal funds to supplement, not supplant non-Federal funds, or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs.CommentsClose CommentsPermalink





‘(iii) RECORDS- A school that consolidates and uses funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program.CommentsClose CommentsPermalink





‘(D) PREKINDERGARTEN PROGRAM- A school that is eligible for a schoolwide program under this paragraph may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6.CommentsClose CommentsPermalink





‘(3) TARGETED ASSISTANCE SCHOOLS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In all schools selected to receive funds under subsection (a)(3) that are ineligible for a schoolwide program under paragraph (2), or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subparagraph (B) identified as having the greatest need for special assistance.CommentsClose CommentsPermalink





‘(B) ELIGIBLE CHILDREN-CommentsClose CommentsPermalink





‘(i) ELIGIBLE POPULATION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The eligible population for services under this section is--CommentsClose CommentsPermalink

‘(aa) children not older than age 21 who are entitled to a free public education through grade 12; andCommentsClose CommentsPermalink

‘(bb) children who are not yet at a grade level at which the local educational agency provides a free public education.CommentsClose CommentsPermalink

‘(II) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION- From the population described in subclause (I), eligible children are children identified by the school as failing, or most at risk of failing, to meet the State’s student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school.CommentsClose CommentsPermalink





‘(ii) CHILDREN INCLUDED-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English language learners, are eligible for services under this part on the same basis as other children selected to receive services under this part.CommentsClose CommentsPermalink





‘(II) HEAD START AND PRESCHOOL CHILDREN- A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, or in preschool services under this title, is eligible for services under this part.CommentsClose CommentsPermalink





‘(III) MIGRANT CHILDREN- A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this part.CommentsClose CommentsPermalink





‘(IV) NEGLECTED OR DELINQUENT CHILDREN- A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this part.CommentsClose CommentsPermalink





‘(V) HOMELESS CHILDREN- A child who is homeless and attending any school served by the local educational agency is eligible for services under this part.CommentsClose CommentsPermalink





‘(iii) SPECIAL RULE- Funds received under this part may not be used to provide services that are otherwise required by law to be made available to children described in clause (ii) but may be used to coordinate or supplement such services.CommentsClose CommentsPermalink





‘(C) INTEGRATION OF PROFESSIONAL DEVELOPMENT- To promote the integration of staff supported with funds under this part into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this part may--CommentsClose CommentsPermalink





‘(i) participate in general professional development and school planning activities; andCommentsClose CommentsPermalink





‘(ii) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.CommentsClose CommentsPermalink





‘(D) SPECIAL RULES-CommentsClose CommentsPermalink





‘(i) SIMULTANEOUS SERVICE- Nothing in this paragraph shall be construed to prohibit a school from serving students under this paragraph simultaneously with students with similar educational needs, in the same educational settings where appropriate.CommentsClose CommentsPermalink





‘(ii) COMPREHENSIVE SERVICES- If health, nutrition, and other social services are not otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in a comprehensive needs assessment and established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as a last resort to provide such services, including--CommentsClose CommentsPermalink





‘(I) the provision of basic medical equipment, such as eyeglasses and hearing aids;CommentsClose CommentsPermalink





‘(II) compensation of a coordinator; andCommentsClose CommentsPermalink





‘(III) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children.CommentsClose CommentsPermalink

‘SEC. 1114. SCHOOL IDENTIFICATION AND TURNAROUND.

‘(a) State Review and Responsibilities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than July 1, 2012, each State educational agency receiving funds under this part shall--CommentsClose CommentsPermalink





‘(A) review the performance of each public school in the State to measure the progress of each public school served under this part, by using--CommentsClose CommentsPermalink





‘(i) the State academic assessments described in section 1111(b)(2);CommentsClose CommentsPermalink





‘(ii) secondary school graduation rates, as appropriate; andCommentsClose CommentsPermalink





‘(iii) other indicators determined by the State;CommentsClose CommentsPermalink





‘(B) based on the review under subparagraph (A), use a State-established system to identify the lowest performing 5 percent of public elementary schools and secondary schools that receive funds under this part; andCommentsClose CommentsPermalink





‘(C) inform local educational agencies of schools identified under subparagraph (B) in a timely manner that is before the beginning of the school year.CommentsClose CommentsPermalink





‘(2) OPPORTUNITY FOR REVIEW-CommentsClose CommentsPermalink





‘(A) IDENTIFICATION- Before identifying a school under paragraph (1)(B), the State educational agency shall provide the local educational agency and proposed identified school with an opportunity to review all school-level data on which the proposed identification is based.CommentsClose CommentsPermalink





‘(B) EVIDENCE- If the local educational agency or the principal of a school proposed for identification under paragraph (1)(B) believes that the proposed identification is in error for statistical or other substantive reasons, the local educational agency or principal may provide supporting evidence to the State educational agency, which shall consider that evidence before making a final determination.CommentsClose CommentsPermalink





‘(C) FINAL DETERMINATION- Not later than 30 days after the State educational agency provides the local educational agency and school with the opportunity to review such school-level data under subparagraph (A), the State educational agency shall make a final determination on the status of the school with respect to the identification.CommentsClose CommentsPermalink





‘(3) DETERMINATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A school’s identification under paragraph (1)(B) shall be for a period of not more than 5 school years, as determined by the State.CommentsClose CommentsPermalink





‘(B) ADDITIONAL DETERMINATIONS- At the sole discretion of the State educational agency, the agency may include additional schools as schools identified under paragraph (1)(B), based on an annual review of the performance of each public school in the State, using the same criteria established to identify schools under paragraph (1)(A).CommentsClose CommentsPermalink





‘(C) REMOVAL OF DETERMINATION- Notwithstanding subparagraph (A), a State educational agency may end the identification of a school under paragraph (1)(B) if the State determines, based on an annual review of the performance of each public school in the State using the same criteria established to identify schools under paragraph (1)(A), that such identification is no longer necessary due to improved student academic achievement at the school.CommentsClose CommentsPermalink





‘(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES- The State educational agency shall--CommentsClose CommentsPermalink





‘(A) make technical assistance available to local educational agencies that serve schools identified under paragraph (1)(B); andCommentsClose CommentsPermalink





‘(B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law.CommentsClose CommentsPermalink





‘(b) Local Educational Agency Review and Plan-CommentsClose CommentsPermalink





‘(1) REVIEW- After the resolution of the review under subsection (a)(2), each local educational agency with a school identified under subsection (a)(1)(B), not later than 3 months after being so identified, shall--CommentsClose CommentsPermalink





‘(A) conduct a review of such school and student achievement data, including data from the State assessments described in section 1111(b)(2), to determine the factors that led to such identification; andCommentsClose CommentsPermalink





‘(B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency and the school that impact the school and could have contributed to the identification of the school.CommentsClose CommentsPermalink





‘(2) PLAN- Based on the results of the review under paragraph (1), the local educational agency, in consultation with school personnel, parents, and the local community, shall--CommentsClose CommentsPermalink





‘(A) determine the appropriate school turnaround strategy from subsection (c) for the identified school; andCommentsClose CommentsPermalink





‘(B) develop a comprehensive plan for the successful implementation of the identified school turnaround strategy, including a description of--CommentsClose CommentsPermalink





‘(i) technical assistance that will be provided to the school;CommentsClose CommentsPermalink





‘(ii) improved delivery of services to be provided by the local educational agency;CommentsClose CommentsPermalink





‘(iii) curriculum, program of instruction, or other services provided to students in the school; andCommentsClose CommentsPermalink





‘(iv) any changes to personnel necessary to improve educational opportunities for children in the school.CommentsClose CommentsPermalink





‘(3) PLAN IMPLEMENTATION- Except as provided in paragraph (4), a school shall implement the school plan (including a revised plan), as described in paragraph (2)(B), immediately upon approval.CommentsClose CommentsPermalink





‘(4) DELAYED PLAN IMPLEMENTATION- Notwithstanding paragraph (3), a local educational agency may allow a school to begin implementation of the plan not later than the beginning of the next full school year following the identification under subsection (a)(1)(B).CommentsClose CommentsPermalink





‘(5) NOTICE TO PARENTS- A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified under subsection (a)(1)(B)--CommentsClose CommentsPermalink





‘(A) an explanation of what the identification means, and how the school compares in terms of academic achievement to other elementary schools or secondary schools served by the local educational agency and the State educational agency involved;CommentsClose CommentsPermalink





‘(B) the reasons for the identification;CommentsClose CommentsPermalink





‘(C) an explanation of what the local educational agency or State educational agency is doing to help the school address the student academic achievement problem, including a description of the school turnaround strategy identified in subsection (c)(1) that will be used in the school;CommentsClose CommentsPermalink





‘(D) an explanation of how the parents can become involved in addressing the academic achievement issues that caused the school to be identified; andCommentsClose CommentsPermalink





‘(E) an explanation of the parents’ option to transfer their child to another public school under subsection (c)(2).CommentsClose CommentsPermalink





‘(c) School Turnaround and Public School Choice-CommentsClose CommentsPermalink





‘(1) SCHOOL TURNAROUND STRATEGIES- Consistent with subsections (a)(1) and (b)(1), a local educational agency shall identify a school turnaround strategy from among the following for an identified school:CommentsClose CommentsPermalink





‘(A) TRANSFORMATION STRATEGY- A transformation strategy is where a local educational agency--CommentsClose CommentsPermalink





‘(i) replaces the principal who led the school before implementation of the strategy;CommentsClose CommentsPermalink





‘(ii) provides ongoing, high-quality professional development to instructional staff that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school turnaround model;CommentsClose CommentsPermalink





‘(iii) implements strategies, such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions, that are designed to recruit, place, and retain staff with the skills that are necessary to meet the needs of the students in the school;CommentsClose CommentsPermalink





‘(iv) uses data to identify and implement a research-based instructional program that is aligned with State academic standards;CommentsClose CommentsPermalink





‘(v) promotes the continuous use of student data to provide instruction that meets the academic needs of individual students;CommentsClose CommentsPermalink





‘(vi) establishes schedules and strategies that provide increased quality learning time;CommentsClose CommentsPermalink





‘(vii) provides for ongoing parent and community engagement;CommentsClose CommentsPermalink





‘(viii) gives the school sufficient operational flexibility in programming, staffing, budgeting, and scheduling to fully implement a comprehensive strategy that is designed to substantially improve student achievement and, if applicable, increase the graduation rate; andCommentsClose CommentsPermalink





‘(ix) ensures that the school receives ongoing, intensive technical assistance and related support from the local educational agency, the State educational agency, or an outside partner.CommentsClose CommentsPermalink





‘(B) RESTART STRATEGY- A restart strategy is where a local educational agency--CommentsClose CommentsPermalink





‘(i) converts a school or closes and reopens the school--CommentsClose CommentsPermalink





‘(I) under a charter school operator;CommentsClose CommentsPermalink





‘(II) a charter management organization;CommentsClose CommentsPermalink





‘(III) an education management organization;CommentsClose CommentsPermalink





‘(IV) as a magnet school; orCommentsClose CommentsPermalink





‘(V) as an innovative school as defined under State law;CommentsClose CommentsPermalink





‘(ii) implements a rigorous review process to select such school; andCommentsClose CommentsPermalink





‘(iii) enrolls in the school, within the grades it serves, any former student from the identified school who wishes to attend the school.CommentsClose CommentsPermalink





‘(C) SCHOOL CLOSURE STRATEGY- A school closure strategy is where a local educational agency--CommentsClose CommentsPermalink





‘(i) closes a school and enrolls the students who attended that school in other schools of the local educational agency that are higher performing; andCommentsClose CommentsPermalink





‘(ii) provides information to children who attended that school and their parents about high-quality educational options and transition and support services.CommentsClose CommentsPermalink





‘(D) TURNAROUND STRATEGY- A turnaround strategy is where a local educational agency--CommentsClose CommentsPermalink





‘(i) replaces the principal and gives the new principal sufficient operational flexibility (including over staffing, the school day and school calendar, and budgeting) to fully implement a comprehensive approach to improve student outcomes;CommentsClose CommentsPermalink





‘(ii) screens all existing teachers and retains not more than 50 percent of such teachers;CommentsClose CommentsPermalink





‘(iii) provides instructional staff with ongoing, high-quality professional development that is aligned with the school’s instructional program, facilitates effective teaching and learning, and supports the implementation of school turnaround models;CommentsClose CommentsPermalink





‘(iv) adopts a new governance structure for the school;CommentsClose CommentsPermalink





‘(v) uses data to identify and implement a research-based instructional program and to inform and differentiate instruction in order to meet the academic needs of individual students;CommentsClose CommentsPermalink





‘(vi) establishes schedules and implements strategies that provide increased quality learning time; andCommentsClose CommentsPermalink





‘(vii) includes strategies and activities that address the needs of students.CommentsClose CommentsPermalink





‘(E) STATE DETERMINED STRATEGY- A State educational agency may, with the approval of the Secretary, establish an alternative State determined school turnaround strategy that can be used by local educational agencies in addition to the strategies identified in subparagraphs (A) through (D).CommentsClose CommentsPermalink





‘(F) WAIVER-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A local educational agency that is determined to be eligible for services under subpart 1 or 2 of title VI may seek a waiver from the State educational agency to modify any 1 element of the strategies identified in subparagraphs (A) through (D) to better meet the needs of rural areas.CommentsClose CommentsPermalink





‘(ii) PROHIBITION ON REGULATION- The Secretary shall not promulgate any regulation, or issue any guidance that specifies, defines, or prescribes the criteria that a State educational agency uses to provide waivers to local educational agencies under this subparagraph.CommentsClose CommentsPermalink





‘(2) PUBLIC SCHOOL CHOICE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In addition to the school turnaround strategy determined under paragraph (1), a local educational agency shall, not later than 3 months before the first day of the school year following identification under subsection (a)(1)(B), provide all students enrolled in the identified school with the option to transfer to another public school served by the local educational agency that has not been identified under subsection (a)(1)(B), unless such an option is prohibited by State law.CommentsClose CommentsPermalink





‘(B) PRIORITY- In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3).CommentsClose CommentsPermalink





‘(C) TREATMENT- Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school.CommentsClose CommentsPermalink





‘(D) SPECIAL RULE- A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school.CommentsClose CommentsPermalink





‘(E) PROVISION OF TRANSPORTATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), a local educational agency shall provide, or shall pay for the provision of, transportation for a student who transfers under this paragraph to the public school to which the student transfers.CommentsClose CommentsPermalink





‘(ii) EXCEPTION- The obligation of a local educational agency to provide, or pay for the provision of, transportation for a student who transfers under this paragraph ends at the end of a school year if the local educational agency determines that the school from which the student transferred is no longer identified under subsection (a)(1)(B).CommentsClose CommentsPermalink





‘(3) FUNDS FOR SCHOOL TURNAROUND GRANTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL-CommentsClose CommentsPermalink





‘(i) GRANTS AUTHORIZED- The Secretary shall award grants to States, the Bureau of Indian Education of the Department of the Interior, and outlying areas from allotments made under clause (ii) to carry out activities consistent with this paragraph.CommentsClose CommentsPermalink





‘(ii) ALLOTMENTS- From the total amount appropriated under section 1002(b) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under this part for the most recent preceding year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under this part for such most recent preceding fiscal year.CommentsClose CommentsPermalink





‘(B) USE OF GRANT FUNDS-CommentsClose CommentsPermalink





‘(i) RESERVATION- A State educational agency that receives a grant under subparagraph (A) shall use not less than 95 percent of the grant funds to make competitive subgrants to local educational agencies under subparagraph (C) to carry out the purpose of this paragraph, except that a State educational agency may reserve from this amount such additional funds as are necessary to implement a school turnaround strategy in a school that has been taken over by the State educational agency as long as such funds are similar to the amounts awarded through competitive grants under this paragraph to other local educational agencies.CommentsClose CommentsPermalink





‘(ii) ACTIVITIES- A State educational agency shall use any portion of its grant funds that it does not use under clause (i) to carry out activities to support school and local educational agency improvements. These activities may include--CommentsClose CommentsPermalink





‘(I) providing technical assistance and other support to local educational agencies; andCommentsClose CommentsPermalink





‘(II) evaluating State and local implementation of school turnaround strategies and other improvement activities, and using the results to improve strategies for supporting and providing flexibility for identified schools.CommentsClose CommentsPermalink





‘(C) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- From the funds available under subparagraph (B)(i), a State educational agency shall make subgrants, on a competitive basis, to local educational agencies that serve a school identified under subsection (a)(1)(B).CommentsClose CommentsPermalink





‘(ii) DURATION- The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years.CommentsClose CommentsPermalink





‘(iii) CRITERIA- Subgrants awarded under this paragraph shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention strategy.CommentsClose CommentsPermalink





‘(D) APPLICATION- In order to receive a subgrant under this paragraph, a local educational agency shall submit an application to a State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum--CommentsClose CommentsPermalink





‘(i) a description of the process the local educational agency has used for selecting an appropriate school turnaround strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school;CommentsClose CommentsPermalink





‘(ii) the school turnaround strategy to be used in each school to be served and the timeline for implementing the selected school turnaround strategy in each school to be served;CommentsClose CommentsPermalink





‘(iii) a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school turnaround strategy;CommentsClose CommentsPermalink





‘(iv) a description of how the local educational agency will--CommentsClose CommentsPermalink





‘(I) design and implement a school turnaround strategy consistent with the requirements of the strategy selected under paragraph (1), including the use of appropriate measures to monitor the effectiveness of implementation;CommentsClose CommentsPermalink





‘(II) align other Federal, State, and local resources with the turnaround strategy;CommentsClose CommentsPermalink





‘(III) modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school turnaround strategy;CommentsClose CommentsPermalink





‘(IV) collect and use data on an ongoing basis to adjust implementation of the school turnaround strategy during implementation in order to improve student academic achievement;CommentsClose CommentsPermalink





‘(V) ensure that the implementation of the school turnaround strategy meets the needs of each category of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii); andCommentsClose CommentsPermalink





‘(VI) sustain successful reforms and practices after the funding period ends;CommentsClose CommentsPermalink





‘(v) a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school turnaround strategies in identified schools; andCommentsClose CommentsPermalink





‘(vi) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this paragraph.CommentsClose CommentsPermalink





‘(E) LOCAL ACTIVITIES- A local educational agency that receives a subgrant under this section--CommentsClose CommentsPermalink





‘(i) shall use the subgrant funds to implement a school turnaround strategy in schools identified under subsection (a)(1)(B) that consists of 1 or more of the strategy models described in paragraph (1); andCommentsClose CommentsPermalink





‘(ii) may use the subgrant funds to carry out local educational agency-level activities that directly support the implementation of the school turnaround strategy selected for implementation, such as--CommentsClose CommentsPermalink





‘(I) carrying out pre-implementation activities at the school or local educational agency level during the school year prior to school year in which the agency will fully implement the school turnaround strategy;CommentsClose CommentsPermalink





‘(II) recruiting effective teachers and principals for such schools;CommentsClose CommentsPermalink





‘(III) developing teacher and principal evaluation systems consistent with the requirements of part A of title II; orCommentsClose CommentsPermalink





‘(IV) providing supplemental educational services to eligible children identified as being most at risk of academic failure.CommentsClose CommentsPermalink





‘(4) FUNDS FOR TRANSPORTATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Unless a lesser amount is needed to comply with paragraph (2)(E), a local educational agency shall spend an amount equal to 5 percent of its allocation under subpart 2 to carry out the transportation requirements under such paragraph.CommentsClose CommentsPermalink





‘(B) TOTAL AMOUNT- The total amount described in subparagraph (A) is the maximum amount the local educational agency shall be required to spend under this part on the transportation requirements under paragraph (2)(E).CommentsClose CommentsPermalink





‘(C) INSUFFICIENT FUNDS- If the amount of funds available under subparagraph (A) to provide transportation services under paragraph (2)(E) is insufficient to provide services to each child whose parents request the services, the local educational agency shall give priority to providing the services to the lowest-achieving children.CommentsClose CommentsPermalink

‘SEC. 1115. SCHOOL SUPPORT AND RECOGNITION.

‘(a) System for Support-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State may establish a statewide system to identify schools and local educational agencies that receive funds under this title and that deserve recognition for improving student achievement or need assistance to improve student achievement.CommentsClose CommentsPermalink





‘(2) STATEWIDE SYSTEM FOR RECOGNITION- In order to achieve the purpose described in paragraph (1), the statewide system for recognition may include the following approaches:CommentsClose CommentsPermalink





‘(A) Establishing a program for making academic achievement awards to recognize schools that make significant progress in improving student academic achievement, as determined by the State.CommentsClose CommentsPermalink





‘(B) Sharing best practices from schools identified under this section with schools that have low student achievement or significant gaps in achievement among categories of students described in subclauses (I) through (IV) of section 1111(b)(2)(B)(viii).CommentsClose CommentsPermalink





‘(C) Identifying the practices described in subparagraph (B).CommentsClose CommentsPermalink





‘(D) Other strategies identified by the State as appropriate.CommentsClose CommentsPermalink





‘(3) STATEWIDE SYSTEM OF SUPPORT- In order to achieve the purpose described in paragraph (1), the statewide system of support may include the following approaches:CommentsClose CommentsPermalink





‘(A) Providing technical assistance and financial support to improve the capacity of local educational agencies to improve student achievement.CommentsClose CommentsPermalink





‘(B) Establishing a program for identifying schools and local educational agencies with significant challenges in improving student achievement and providing assistance on developing strategies to address such challenges.CommentsClose CommentsPermalink





‘(C) Other strategies identified by the State as appropriate.CommentsClose CommentsPermalink





‘(b) Funding- Each State may use State administrative funds authorized under section 1003(a) for the purposes of this section.CommentsClose CommentsPermalink

‘SEC. 1117. RESERVED.’;

andCommentsClose CommentsPermalink





(2) by striking section 1119 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

‘(a) Teachers- Each local educational agency receiving assistance under this part shall ensure that all teachers working in a program supported with funds under this part meet applicable State certification and licensure requirements.CommentsClose CommentsPermalink





‘(b) Paraprofessionals-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each local educational agency receiving assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left Behind Act of 2001 (Public Law 107-110) and working in a program supported with funds under this part have--CommentsClose CommentsPermalink





‘(A) completed not less than 2 years of study at an institution of higher education;CommentsClose CommentsPermalink





‘(B) obtained an associate’s (or higher) degree; orCommentsClose CommentsPermalink





‘(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic assessment--CommentsClose CommentsPermalink





‘(i) knowledge of, and the ability to assist in, instructing, reading, writing, and mathematics; orCommentsClose CommentsPermalink





‘(ii) knowledge of, and the ability to assist in, reading readiness, writing readiness, and mathematics readiness, as appropriate.CommentsClose CommentsPermalink





‘(2) CLARIFICATION- The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not sufficient to satisfy the requirements of paragraph (1)(C).CommentsClose CommentsPermalink





‘(c) Exceptions for Translation and Parental Involvement Activities- Subsection (b) shall not apply to a paraprofessional--CommentsClose CommentsPermalink





‘(1) who is proficient in English and a language other than English and who provides services primarily to enhance the participation of children in programs under this part by acting as a translator; orCommentsClose CommentsPermalink





‘(2) whose duties consist solely of conducting parental involvement activities consistent with section 1118.CommentsClose CommentsPermalink





‘(d) Duties of Paraprofessionals-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each local educational agency receiving assistance under this part shall ensure that a paraprofessional working in a program supported with funds under this part is not assigned a duty inconsistent with this subsection.CommentsClose CommentsPermalink





‘(2) LIMITATIONS- A paraprofessional described in paragraph (1) may only provide instructional service to a student under the direct supervision of a teacher or principal.CommentsClose CommentsPermalink





‘(3) RESPONSIBILITIES PARAPROFESSIONALS MAY BE ASSIGNED- A paraprofessional described in paragraph (1) may be assigned--CommentsClose CommentsPermalink





‘(A) to provide one-on-one tutoring for eligible students, if the tutoring is scheduled at a time when a student would not otherwise receive instruction from a teacher;CommentsClose CommentsPermalink





‘(B) to assist with classroom management, such as organizing instructional and other materials;CommentsClose CommentsPermalink





‘(C) to provide assistance in a computer laboratory;CommentsClose CommentsPermalink





‘(D) to conduct parental involvement activities;CommentsClose CommentsPermalink





‘(E) to provide support in a library or media center;CommentsClose CommentsPermalink





‘(F) to act as a translator; orCommentsClose CommentsPermalink





‘(G) to provide instructional services to students in accordance with paragraph (2).’.CommentsClose CommentsPermalink

TITLE II--ACADEMIC ASSESSMENTSCommentsClose CommentsPermalink

SEC. 201. ACADEMIC ASSESSMENTS.

Part B of title I (20 U.S.C. 6361 et seq.) is amended to read as follows:CommentsClose CommentsPermalink

‘PART B--ACADEMIC ASSESSMENTS

‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

‘The Secretary shall make grants to States to enable the States to carry out the following:CommentsClose CommentsPermalink





‘(1) To pay the costs of the development of the additional State assessments and standards required by section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State.CommentsClose CommentsPermalink





‘(2) If a State has developed the assessments required by section 1111(b), to administer those assessments or to carry out other activities described in this part and other activities related to ensuring that the State’s schools and local educational agencies are held accountable for results, such as the following:CommentsClose CommentsPermalink





‘(A) Expanding the range of appropriate accommodations available to English language learners and students with disabilities to improve the rates of inclusion in regular assessments of such students, including professional development activities to improve the implementation of such accommodations in instructional practice.CommentsClose CommentsPermalink





‘(B) Developing or improving assessments for students with disabilities, including the development of assessments--CommentsClose CommentsPermalink





‘(i) for all students, including students with disabilities, using the principles of universal design;CommentsClose CommentsPermalink





‘(ii) aligned to modified State content standards; andCommentsClose CommentsPermalink





‘(iii) aligned to alternate State content standards for students with the most significant cognitive disabilities.CommentsClose CommentsPermalink





‘(C) Developing college and career ready State academic content and student academic achievement standards and aligned assessments in academic subjects for which standards and assessments are not required by section 1111(b).CommentsClose CommentsPermalink





‘(D) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(B)(vi)(IV).CommentsClose CommentsPermalink





‘(E) Ensuring the continued validity and reliability of State assessments.CommentsClose CommentsPermalink





‘(F) Refining State assessments to ensure their continued alignment with the State’s academic content standards and to improve the alignment of curricula and instructional materials.CommentsClose CommentsPermalink

‘SEC. 1202. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

‘(a) Grant Program Authorized-CommentsClose CommentsPermalink





‘(1) IN GENERAL- From funds made available to carry out this part, the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the agencies to carry out the activities described in this section.CommentsClose CommentsPermalink





‘(2) APPLICATION- A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





‘(3) AWARD OF GRANTS- The Secretary shall award grants to State educational agencies whose applications demonstrate, to the satisfaction of the Secretary, that the following requirements of this section will be met:CommentsClose CommentsPermalink





‘(A) Developing or improving assessments for students with disabilities, including the development of assessments--CommentsClose CommentsPermalink





‘(i) for all students, including students with disabilities, using the principles of universal design;CommentsClose CommentsPermalink





‘(ii) aligned to modified State content standards; andCommentsClose CommentsPermalink





‘(iii) aligned to alternate State content standards for students with the most significant cognitive disabilities.CommentsClose CommentsPermalink





‘(B) Collaborating with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments.CommentsClose CommentsPermalink





‘(C) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources.CommentsClose CommentsPermalink





‘(D) Measuring student progress or academic growth over time.CommentsClose CommentsPermalink





‘(E) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments.CommentsClose CommentsPermalink





‘(F) Developing or improving the quality, validity, and reliability of assessments for English language learners, including alternative assessments aligned with State content standards, testing accommodations for English language learners, and assessments of English language proficiency.CommentsClose CommentsPermalink





‘(b) Annual Report- Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities, under the grant.CommentsClose CommentsPermalink

‘SEC. 1203. FUNDING.

‘(a) Allotment of Appropriated Funds-CommentsClose CommentsPermalink





‘(1) IN GENERAL- From amounts made available for each fiscal year under subsection 1002(c) that are equal to or less than the amount described in section 1111(b)(2)(F) (referred to in this subsection as the ‘trigger amount’), the Secretary shall--CommentsClose CommentsPermalink





‘(A) reserve one-half of 1 percent for the Bureau of Indian Affairs;CommentsClose CommentsPermalink





‘(B) reserve one-half of 1 percent for the outlying areas; andCommentsClose CommentsPermalink





‘(C) from the remainder, allocate to each State an amount equal to--CommentsClose CommentsPermalink





‘(i) $3,000,000; andCommentsClose CommentsPermalink





‘(ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.CommentsClose CommentsPermalink





‘(2) REMAINDER- Any amounts remaining for a fiscal year after the Secretary carries out paragraph (1) shall be made available as follows:CommentsClose CommentsPermalink





‘(A)(i) To award funds under section 1202 to States according to the quality, needs, and scope of the State application under that section.CommentsClose CommentsPermalink





‘(ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.CommentsClose CommentsPermalink





‘(B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States.CommentsClose CommentsPermalink





‘(3) PRIORITY- The Secretary shall give priority to States that propose to conduct activities consistent with section 1202(a)(3)(A).CommentsClose CommentsPermalink





‘(b) State Defined- In this section, the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.’.CommentsClose CommentsPermalink