Pathways for All Students to Succeed Act

Calendar No. 108

109th CONGRESS
1st Session

S. 1061

To provide for secondary school reform, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 18, 2005

Mrs. MURRAY introduced the following bill; which was read the first time

May 19, 2005

Read the second time and placed on the calendar

A BILL

To provide for secondary school reform, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Pathways for All Students to Succeed Act'.

TITLE I--READING AND MATHEMATICS SKILLS FOR SUCCESS

SEC. 101. FINDINGS.

Congress makes the following findings:

(1) While the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425), provides a strong framework for helping children in the early grades, our Nation still needs a comprehensive strategy to address the literacy problems and learning gaps of students in middle school and secondary school.

(2) Approximately 60 percent of students in the poorest communities fail to graduate from secondary school on time, in large part because of severe reading deficits that contribute to academic failure.

(3) Forty percent of students attending high minority enrollment secondary schools enroll in remedial reading coursework when entering higher education, in an effort to gain the skills their secondary education failed to provide.

(4) While 33 percent of all low-income students are enrolled in secondary schools, only 15 percent of the funding targeted to disadvantaged students goes to secondary schools.

(5) Data from the 1998 National Assessment of Educational Progress show that 32 percent of boys and 19 percent of girls in eighth grade cannot read at a basic level. These numbers do not change significantly in the secondary school years and are even more dramatic when students are identified by minority status.

(6) The 2002 National Assessment of Educational Progress writing scores indicate that while the percentage of fourth and eighth graders writing at or above a basic level increased between 1998 and 2002, the percentage of 12th graders writing at or above a basic level decreased. These numbers show that our concentrated efforts for elementary school students have improved their writing skills, but by neglecting the needs of secondary school students, we are squandering these gains.

(7) The United States cannot maintain its position as the world's strongest economy if we continue to ignore the literacy needs of adolescents in middle school and secondary school.

(8) The achievement gap between White and Asian students and Black and Hispanic students remains wide in the area of mathematics.

(9) The 2003 National Assessment of Education Progress shows that the achievement gap between the mathematics scores of eighth grade Black and Hispanic students and White students is the same in 2003 as in 1990.

(10) The 2003 National Assessment of Education Progress shows that eighth grade students eligible for a free or reduced-price school lunch did not meet the basic mathematics score, unlike non-eligible students.

(11) According to the latest results from international assessments, 15-year-olds from the United States performed below the international average in mathematics literacy and problem-solving, placing 27th out of 39 countries.

(12) Only 1/3 of the United States workforce has any post-secondary education, yet 60 percent of new jobs in the 21st century will require post-secondary education.

SEC. 102. PURPOSES.

The purposes of this title are--

(1) to provide assistance to State educational agencies and local educational agencies in establishing effective research-based reading, writing, and mathematics programs for students in middle schools and secondary schools, including students with disabilities and students with limited English proficiency;

(2) to provide adequate resources to schools to hire and to provide in-service training for not less than 1 literacy coach per 20 teachers who can assist middle school and secondary school teachers to incorporate research-based reading and writing instruction into the teachers' teaching of mathematics, science, history, civics, geography, literature, language arts, and other core academic subjects;

(3) to provide assistance to State educational agencies and local educational agencies--

(A) in strengthening reading and writing instruction in middle schools and secondary schools; and

(B) in procuring high-quality diagnostic reading and writing assessments and comprehensive research-based programs and instructional materials that will improve reading and writing performance among students in middle school and secondary school; and

(4) to provide adequate resources to schools to hire and to provide in-service training for not less than 1 mathematics coach per 20 teachers who can assist middle school and secondary school teachers to utilize research-based mathematics instruction to develop students' mathematical abilities and knowledge, and assist teachers in assessing student learning.

SEC. 103. DEFINITIONS.

In this title:

(1) IN GENERAL- The terms `local educational agency', `Secretary', and `State educational agency' have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY- The term `eligible local educational agency' means a local educational agency who is eligible to receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(3) LITERACY COACH- The term `literacy coach' means a certified or licensed teacher with a demonstrated effectiveness in teaching reading and writing to students with specialized reading and writing needs, and the ability to work with classroom teachers to improve the teachers' instructional techniques to support reading and writing improvement, who works on site at a school--

(A) to train teachers from across the curriculum to incorporate the teaching of reading and writing skills into their instruction of content;

(B) to train teachers to assess students' reading and writing skills and identify students requiring remediation; and

(i) students in after school and summer school programs;

(ii) students requiring additional instruction;

(iii) students with disabilities; and

(iv) students with limited English proficiency.

(4) MATHEMATICS COACH- The term `mathematics coach' means a certified or licensed teacher, with a demonstrated effectiveness in teaching mathematics to students with specialized needs in mathematics, a command of mathematical content knowledge, and the ability to work with classroom teachers to improve the teachers' instructional techniques to support mathematics improvement, who works on site at a school--

(A) to train teachers to better assess student learning in mathematics;

(B) to train teachers to assess students' mathematics skills and identify students requiring remediation; and

(i) students in after school and summer school programs;

(ii) students requiring additional instruction;

(iii) students with disabilities; and

(iv) students with limited English proficiency.

(5) MIDDLE SCHOOL- The term `middle school' means a school that provides middle school education, as determined under State law.

(6) SECONDARY SCHOOL- The term `secondary school' means a school that provides secondary education, as determined under State law.

(7) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) Literacy Grants- For the purposes of carrying out subtitle A, there are authorized to be appropriated $1,000,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years.

(b) Mathematics Grants- For the purposes of carrying out subtitle B, there are authorized to be appropriated $1,000,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years.

Subtitle A--Literacy Skills Programs

SEC. 111. LITERACY SKILLS PROGRAMS.

(a) Grants Authorized-

(1) IN GENERAL- From funds appropriated under section 104(a) for a fiscal year, the Secretary shall establish a program, in accordance with the requirements of this subtitle, that will provide grants to State educational agencies, and grants or subgrants to eligible local educational agencies, to establish reading and writing programs to improve the overall reading and writing performance of students in middle school and secondary school.

(2) LENGTH OF GRANT- A grant to a State educational agency under this subtitle shall be awarded for a period of 6 years.

(b) Reservation of Funds by the Secretary- From amounts appropriated under section 104(a) for a fiscal year, the Secretary shall reserve--

(1) 3 percent of such amounts to fund national activities in support of the programs assisted under this subtitle, such as research and dissemination of best practices, except that the Secretary may not use the reserved funds to award grants directly to local educational agencies; and

(2) 2 percent of such amounts for the Bureau of Indian Affairs to carry out the services and activities described in section 112(c) for Indian children.

(1) FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES- If the amounts appropriated under section 104(a) for a fiscal year are equal to or greater than $500,000,000, then the Secretary shall award grants, from allotments under paragraph (3), to State educational agencies to enable the State educational agencies to provide subgrants to eligible local educational agencies to establish reading and writing programs to improve overall reading and writing performance among students in middle school and secondary school.

(2) DIRECT GRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES-

(A) IN GENERAL- If the amounts appropriated under section 104(a) for a fiscal year are less than $500,000,000, then the Secretary shall award grants, on a competitive basis, directly to eligible local educational agencies to establish reading and writing programs to improve overall reading and writing performance among students in middle school and secondary school.

(B) PRIORITY- The Secretary shall give priority in awarding grants under this paragraph to eligible local educational agencies that--

(i) are among the local educational agencies in the State with the lowest graduation rates, as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)); and

(ii) have the highest number or percentage of students who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

(3) ALLOTMENTS TO STATES-

(A) IN GENERAL- From funds appropriated under section 104(a) and not reserved under subsection (b) for a fiscal year, the Secretary shall make an allotment to each State educational agency having an application approved under subsection (d) in an amount that bears the same relation to the funds as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under such part by all States.

(B) MINIMUM ALLOTMENT- Notwithstanding subparagraph (A), no State educational agency shall receive an allotment under this paragraph for a fiscal year in an amount that is less than 0.25 percent of the funds allotted to all State educational agencies under subparagraph (A) for the fiscal year.

(4) REALLOTMENT- If a State educational agency does not apply for a grant under this subtitle, the Secretary shall reallot the State educational agency's allotment to the remaining States.

(d) Applications-

(1) IN GENERAL- In order to receive a grant under this subtitle, a State educational agency shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall meet the following conditions:

(A) A State educational agency shall not include the application for assistance under this subtitle in a consolidated application submitted under section 9302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7842).

(B) The State educational agency's application shall include an assurance that--

(i) the State educational agency has established a reading and writing partnership that--

(I) coordinated the development of the application for a grant under this subtitle; and

(II) will assist in designing and administering the State educational agency's program under this subtitle; and

(ii) the State educational agency will participate, if requested, in any evaluation of the State educational agency's program under this subtitle.

(C) The State educational agency's application shall include a program plan that contains a description of the following:

(i) How the State educational agency will assist eligible local educational agencies in implementing subgrants, including providing ongoing professional development for literacy coaches, teachers, paraprofessionals, and administrators.

(ii) How the State educational agency will help eligible local educational agencies identify high-quality screening, diagnostic, and classroom-based instructional reading and writing assessments.

(iii) How the State educational agency will help eligible local educational agencies identify high-quality research-based materials and programs.

(iv) How the State educational agency will help eligible local educational agencies identify appropriate and effective materials, programs, and assessments for students with disabilities and students with limited English proficiency.

(v) How the State educational agency will ensure that professional development funded under this subtitle--

(I) is based on reading and writing research;

(II) will effectively improve instructional practices for reading and writing for middle school and secondary school students; and

(III) is coordinated with professional development activities funded through other programs (including federally funded programs such as programs funded under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)).

(vi) How funded activities will help teachers and other instructional staff to implement research-based components of reading and writing instruction.

(vii) The subgrant process the State educational agency will use to ensure that eligible local educational agencies receiving subgrants implement programs and practices based on reading and writing research.

(viii) How the State educational agency will build on and promote coordination among reading and writing programs in the State to increase overall effectiveness in improving reading and writing instruction, including for students with disabilities and students with limited English proficiency.

(ix) How the State educational agency will regularly assess and evaluate the effectiveness of the eligible local educational agency activities funded under this subtitle.

(2) REVIEW OF APPLICATIONS- The Secretary shall review applications from State educational agencies under this subsection as the applications are received.

(e) State Use of Funds- Each State educational agency receiving a grant under this subtitle shall--

(1) establish a reading and writing partnership, which may be the same as the partnership established under section 1203(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6363(d)), that will provide guidance to eligible local educational agencies in selecting or developing and implementing appropriate, research-based reading and writing programs for middle school and secondary school students;

(2) use 80 percent of the grant funds received under this subtitle for a fiscal year to award subgrants to eligible local educational agencies having applications approved under section 112(a); and

(3) use 20 percent of the grant funds received under this subtitle--

(A) to carry out State-level activities described in the application submitted under subsection (d);

(B) to provide--

(i) technical assistance to eligible local educational agencies; and

(ii) high-quality professional development to teachers and literacy coaches;

(C) to oversee and evaluate subgrant services and activities undertaken by the eligible local educational agencies as described in section 112(c); and

(D) for administrative costs,

of which not more than 10 percent of the grant funds may be used for planning, administration, and reporting.

(f) Notice to Eligible Local Educational Agencies- Each State educational agency receiving a grant under this subtitle shall provide notice to all eligible local educational agencies in the State about the availability of subgrants under this subtitle.

(g) Supplement Not Supplant- Each State educational agency receiving a grant under this subtitle shall use the grant funds to supplement not supplant State funding for activities authorized under this subtitle or for other educational activities.

(h) New Services and Activities- Grant funds provided under this subtitle may be used only to provide services and activities authorized under this subtitle that were not provided on the day before the date of enactment of this Act.

SEC. 112. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

(a) Application-

(1) IN GENERAL- Each eligible local educational agency desiring a subgrant under this subtitle shall submit an application to the State educational agency in the form and according to the schedule established by the State educational agency.

(2) CONTENTS- In addition to any information required by the State educational agency, each application under paragraph (1) shall demonstrate how the eligible local educational agency will carry out the following required activities:

(A) Development or selection and implementation of research-based reading and writing assessments.

(B) Development or selection and implementation of research-based reading and writing programs, including programs for students with disabilities and students with limited English proficiency.

(D) High-quality professional development for literacy coaches and teachers based on reading and writing research.

(E) Evaluation strategies.

(F) Reporting.

(G) Providing access to research-based reading and writing materials.

(3) CONSORTIA- An eligible local educational agency may apply to the State educational agency for a subgrant as a member of a consortium, if each member of the consortium is an eligible local educational agency.

(b) Award Basis-

(1) MINIMUM SUBGRANT AMOUNT- Each eligible local educational agency receiving a subgrant under this subtitle for a fiscal year shall receive a minimum subgrant amount that bears the same relation to the amount of funds made available to the State educational agency under section 111(e)(2) as the amount the eligible local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount received by all eligible local educational agencies under such part for the preceding fiscal year.

(2) SUFFICIENT SIZE AND SCOPE- Subgrants under this section shall be of sufficient size and scope to enable eligible local educational agencies to fully implement activities assisted under this subtitle.

(c) Local Use of Funds- Each eligible local educational agency receiving a subgrant under this subtitle shall use the subgrant funds to carry out, at the middle school and secondary school level, the following services and activities:

(1) Hiring literacy coaches, at a ratio of not less than 1 literacy coach for every 20 teachers, and providing professional development for literacy coaches--

(A) to work with classroom teachers to incorporate reading and writing instruction within all subject areas, during regular classroom periods, after school, and during summer school programs, for all students;

(B) to work with classroom teachers to identify students with reading and writing problems and, where appropriate, refer students to available programs for remediation and additional services;

(C) to work with classroom teachers to diagnose and remediate reading and writing difficulties of the lowest-performing students, by providing intensive, research-based instruction, including during after school and summer sessions, geared toward ensuring that the students can access and be successful in rigorous academic coursework; and

(D) to assess and organize student data on literacy and communicate that data to school administrators to inform school reform efforts.

(2) Reviewing, analyzing, developing, and, where possible, adapting curricula to make sure literacy skills are taught within the content area subjects.

(3) Providing reading and writing professional development for all teachers in middle school and secondary school that addresses both remedial and higher level literacy skills for students in the applicable curriculum.

(4) Providing professional development for teachers, administrators, and paraprofessionals serving middle schools and secondary schools to help the teachers, administrators, and paraprofessionals meet literacy needs.

(5) Procuring and implementing programs and instructional materials based on reading and writing research, including software and other education technology related to reading and writing instruction.

(6) Building on and promoting coordination among reading and writing programs in the eligible local educational agency to increase overall effectiveness in improving reading and writing instruction, including for students with disabilities and students with limited English proficiency.

(7) Evaluating the effectiveness of the instructional strategies, teacher professional development programs, and other interventions that are implemented under the subgrant.

(d) Supplement Not Supplant- Each eligible local educational agency receiving a subgrant under this subtitle shall use the subgrant funds to supplement not supplant the eligible local educational agency funding for activities authorized under this subtitle or for other educational activities.

(e) New Services and Activities- Subgrant funds provided under this subtitle may be used only to provide services and activities authorized under this subtitle that were not provided on the day before the date of enactment of this Act.

(f) Evaluations- Each eligible local educational agency receiving a grant under this subtitle shall participate, as requested by the State educational agency or the Secretary, in reviews and evaluations of the programs of the eligible local educational agency and the effectiveness of such programs, and shall provide such reports as are requested by the State educational agency and the Secretary.

Subtitle B--Mathematics Skills Programs

SEC. 121. MATHEMATICS SKILLS PROGRAMS.

(a) Grants Authorized-

(1) IN GENERAL- From funds appropriated under section 104(b) for a fiscal year, the Secretary shall establish a program, in accordance with the requirements of this subtitle, that will provide grants to State educational agencies, and grants and subgrants to eligible local educational agencies, to establish mathematics programs to improve the overall mathematics performance of students in middle school and secondary school.

(2) LENGTH OF GRANT- A grant to a State educational agency under this subtitle shall be awarded for a period of 6 years.

(b) Reservation of Funds by the Secretary- From amounts appropriated under section 104(b) for a fiscal year, the Secretary shall reserve--

(2) 2 percent of such amounts for the Bureau of Indian Affairs to carry out the services and activities described in section 122(c) for Indian children.

(1) FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES- If the amounts appropriated under section 104(b) for a fiscal year are equal to or greater than $500,000,000, then the Secretary shall award grants, from allotments under paragraph (3), to State educational agencies to enable the State educational agencies to provide subgrants to eligible local educational agencies to establish mathematics programs to improve overall mathematics performance among students in middle school and secondary school.

(2) DIRECT GRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES-

(A) IN GENERAL- If the amounts appropriated under section 104(b) for a fiscal year are less than $500,000,000, then the Secretary shall award grants, on a competitive basis, directly to eligible local educational agencies to establish mathematics programs to improve overall mathematics performance among students in middle school and secondary school.

(B) PRIORITY- The Secretary shall give priority in awarding grants under this paragraph to eligible local educational agencies that--

(ii) have the highest number or percentage of students who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).

(3) ALLOTMENTS TO STATES-

(A) IN GENERAL- From funds appropriated under section 104(b) and not reserved under subsection (b) for a fiscal year, the Secretary shall make an allotment to each State educational agency having an application approved under subsection (d) in an amount that bears the same relation to the funds as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under such part by all States.

(4) REALLOTMENT- If a State educational agency does not apply for a grant under this subtitle, the Secretary shall reallot the State educational agency's allotment to the remaining States.

(d) Applications-

(B) The State educational agency's application shall include an assurance that--

(i) the State educational agency has established a mathematics partnership that--

(I) coordinated the development of the application for a grant under this subtitle; and

(II) will assist in designing and administering the State educational agency's program under this subtitle; and

(ii) the State educational agency will participate, if requested, in any evaluation of the State educational agency's program under this subtitle.

(C) The State educational agency's application shall include a program plan that contains a description of the following:

(i) How the State educational agency will assist eligible local educational agencies in implementing subgrants, including providing ongoing professional development for mathematics coaches, teachers, paraprofessionals, and administrators.

(ii) How the State educational agency will help eligible local educational agencies identify high-quality screening, diagnostic, and classroom-based instructional mathematics assessments.

(iii) How the State educational agency will help eligible local educational agencies identify high-quality research-based mathematics materials and programs.

(v) How the State educational agency will ensure that professional development funded under this subtitle--

(I) is based on mathematics research;

(II) will effectively improve instructional practices for mathematics for middle school and secondary school students; and

(III) is coordinated with professional development activities funded through other programs.

(vi) How funded activities will help teachers and other instructional staff to implement research-based components of mathematics instruction.

(vii) The subgrant process the State educational agency will use to ensure that eligible local educational agencies receiving subgrants implement programs and practices based on mathematics research.

(viii) How the State educational agency will build on and promote coordination among mathematics programs in the State to increase overall effectiveness in improving mathematics instruction, including for students with disabilities and students with limited English proficiency.

(ix) How the State educational agency will regularly assess and evaluate the effectiveness of the eligible local educational agency activities funded under this subtitle.

(2) REVIEW OF APPLICATIONS- The Secretary shall review applications from State educational agencies under this subsection as the applications are received.

(e) State Use of Funds- Each State educational agency receiving a grant under this subtitle shall--

(1) establish a mathematics partnership that will provide guidance to eligible local educational agencies in selecting or developing and implementing appropriate, research-based mathematics programs for middle school and secondary school students;

(2) use 80 percent of the grant funds received under this subtitle for a fiscal year to approve high-quality applications for subgrants to eligible local educational agencies having applications approved under section 122(a); and

(3) use 20 percent of the grant funds received under this subtitle--

(A) to carry out State-level activities described in the application submitted under subsection (d);

(B) to provide--

(i) technical assistance to eligible local educational agencies; and

(ii) high-quality professional development to teachers and mathematics coaches;

(C) to oversee and evaluate subgrant services and activities undertaken by the eligible local educational agencies as described in section 122(c); and

(D) for administrative costs,

of which not more than 10 percent of the grant funds may be used for planning, administration, and reporting.

SEC. 122. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

(a) Application-

(A) Development or selection and implementation of research-based mathematics assessments.

(B) Development or selection and implementation of research-based mathematics programs, including programs for students with disabilities and students with limited English proficiency.

(D) High-quality professional development for mathematics coaches and teachers based on mathematics research.

(E) Evaluation strategies.

(F) Reporting.

(G) Providing access to research-based mathematics materials.

(3) CONSORTIA- An eligible local educational agency may apply to the State educational agency for a subgrant as a member of a consortium if each member of the consortium is an eligible local educational agency.

(b) Award Basis-

(1) MINIMUM SUBGRANT AMOUNT- Each eligible local educational agency receiving a subgrant under this subtitle for a fiscal year shall receive a minimum subgrant amount that bears the same relation to the amount of funds made available to the State educational agency under section 121(e)(2) as the amount the eligible local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount received by all eligible local educational agencies under such part for the preceding fiscal year.

(1) Hiring mathematics coaches, at a ratio of not less than 1 mathematics coach for every 20 teachers, and providing professional development for mathematics coaches--

(A) to work with classroom teachers to better assess student learning in mathematics;

(B) to work with classroom teachers to identify students with mathematics problems and, where appropriate, refer students to available programs for remediation and additional services;

(C) to work with classroom teachers to diagnose and remediate mathematics difficulties of the lowest-performing students, by providing intensive, research-based instruction, including during after school and summer sessions, geared toward ensuring that those students can access and be successful in rigorous academic coursework; and

(D) to assess and organize student data on mathematics and communicate that data to school administrators to inform school reform efforts.

(2) Reviewing, analyzing, developing, and, where possible, adapting curricula to make sure mathematics skills are taught within the content area subjects.

(3) Providing mathematics professional development for all teachers in middle school and secondary school that addresses both remedial and higher level mathematics skills for students in the applicable curriculum.

(5) Procuring and implementing programs and instructional materials based on mathematics research, including software and other education technology related to mathematics instruction.

(6) Building on and promoting coordination among mathematics programs in the eligible local educational agency to increase overall effectiveness in improving mathematics instruction, including for students with disabilities and students with limited English proficiency.

(7) Evaluating the effectiveness of the instructional strategies, teacher professional development programs, and other interventions that are implemented under the subgrant.

TITLE II--PATHWAYS TO SUCCESS

SEC. 201. FINDINGS.

Congress makes the following findings:

(1) In 2003, approximately 60 percent of students in the poorest communities failed to graduate from secondary school on time.

(2) All ninth grade students should have a plan that assesses the student's instructional needs and outlines the coursework the student must complete to graduate on time, properly prepared for college and career.

(3) Research shows that 1 of the most important factors behind student success in secondary school is a close connection with at least 1 adult who demonstrates concern for the student's advancement.

(4) Secondary school counselors can help students receive the instructional, tutorial, and social supports that contribute to academic success.

(5) Model programs around the Nation have demonstrated that effective academic and support plans for students, developed by counselors serving as academic coaches, in cooperation with students and parents, result in a higher percentage of students graduating from secondary school well prepared for college study.

SEC. 202. DEFINITIONS.

In this title:

(1) IN GENERAL- The terms `local educational agency', `poverty line', `secondary school', `Secretary', and `State educational agency' have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) ACADEMIC COUNSELOR- The term `academic counselor' means a highly qualified professional who has received professional development appropriate to perform the services described in section 205(c).

(3) ELIGIBLE LOCAL EDUCATIONAL AGENCY- The term `eligible local educational agency' means a local educational agency who has jurisdiction over not less than 1 secondary school receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(4) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 203. PROGRAM AUTHORIZED.

The Secretary is authorized to establish a program, in accordance with the requirements of this title, that--

(1) enables a secondary school that receives assistance under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), to hire a sufficient number of academic counselors, in a ratio of not less than 1 counselor to 150 students, to develop personal plans for each student at the school, including students with limited English proficiency;

(2) involves parents in the development and implementation of the personal plans; and

(3) provides academic counselors and staff at the schools receiving grants under this title the opportunity to coordinate with other programs and services, including those supported by Federal funds, to ensure that students have access to the resources and services necessary to fulfill the students' personal plans.

SEC. 204. GRANTS TO STATES.

(a) Grants Authorized- From amounts made available under section 206 and not reserved under subsection (i), the Secretary shall award grants, from allotments under subsection (b), to State educational agencies to enable the State educational agencies to provide subgrants to eligible local educational agencies to implement programs in secondary schools in accordance with this title.

(b) Allotments to States-

(1) IN GENERAL- From funds appropriated under section 206 and not reserved under subsection (i) for a fiscal year, the Secretary shall make an allotment to each State educational agency having an application approved under subsection (d) in an amount that bears the same relation to the funds as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) bears to the amount received under such part by all States.

(2) MINIMUM ALLOTMENT- Notwithstanding paragraph (1), no State educational agency shall receive an allotment under this subsection for a fiscal year in an amount that is less than 0.25 percent of the amount allotted to the State educational agencies under subsection (e)(1) for the fiscal year.

(3) RATABLE REDUCTIONS- If the amount appropriated to carry out this title for any fiscal year is less than $2,000,000,000, then the Secretary shall ratably reduce the allotment made to each State educational agency under this subsection in proportion to the relative number of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), in the State compared to such number for all States.

(d) Applications- In order to receive a grant under this title, a State educational agency shall submit an application to the Secretary in the form and according to the schedule established by the Secretary by regulation.

(e) State Use of Funds- Each State educational agency receiving a grant under this title shall use--

(1) 80 percent of the grant funds to award subgrants to eligible local educational agencies under section 205; and

(2) 20 percent of the grant funds to provide professional development to academic counselors and technical assistance to local educational agencies, and to pay for administrative costs, of which not more than 10 percent of such 20 percent may be used for planning, administration, and reporting.

(f) Supplement Not Supplant- Grant funds provided to State educational agencies under this title shall be used to supplement not supplant funding provided by the State for activities authorized under this title or for other educational activities.

(g) New Services and Activities- Grant funds provided under this title may be used only to provide services and activities authorized under this title that were not provided on the day before the date of enactment of this Act.

(h) Reallotment- If a State educational agency does not apply for funding under this title, the Secretary shall reallot the State educational agency's allotment to the remaining eligible State educational agencies.

(i) Reservations- Of the funds appropriated under section 206 for each fiscal year, the Secretary shall reserve--

(1) 2 percent for the Bureau of Indian Affairs to carry out the authorized activities described in section 205(c); and

(2) 3 percent for national activities that support the programs assisted under this title, except that the Secretary shall not use such reserved funds to award grants directly to local educational agencies.

SEC. 205. SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.

(a) Subgrants Authorized- From amounts made available under section 204(e)(1), a State educational agency shall award subgrants to eligible local educational agencies having applications approved under subsection (b) to enable the eligible local educational agencies to carry out the authorized activities described in subsection (c).

(b) Applications-

(1) IN GENERAL- Each eligible local educational agency desiring a subgrant under this title shall submit an application to the State educational agency in the form and according to the schedule established by the State educational agency. Each such application shall describe how the eligible local educational agency will--

(A) hire a sufficient number of highly qualified academic counselors to develop personal plans for all students in such students' first year of secondary school, with a ratio of 1 academic counselor to not more than 150 students in each secondary school served under the subgrant;

(B) provide adequate resources to each such school to offer the supplemental and other support services that the implementation of students' personal plans require, and provide such supplemental services, where possible, through coordination with Federal TRIO programs under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.), Gear Up programs under chapter 2 of such subpart (20 U.S.C. 1070a-21 et seq.), programs under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), 21st Century Community Learning Centers under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), programs under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) (in accordance with students' individualized education programs), and programs under the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.);

(D) provide staff at each such school with opportunities for appropriate professional development and coordination to help the staff support students in implementing the students' personal plans.

(2) CONSORTIA- An eligible local educational agency may apply to the State educational agency for a subgrant as a consortium, if each member of the consortium is an eligible local educational agency.

(c) Authorized Activities- Each eligible local educational agency receiving a subgrant under this title shall use the subgrant funds to provide the following services:

(1) Hiring academic counselors (at a ratio of not less than 1 counselor per 150 students) to develop the 6-year personal plans for all students in such students' first year of secondary school and coordinate the services required to implement such personal plans. Such academic counselors shall--

(A) work with students and their families to develop an individual plan that will define such students' career and education goals, assure enrollment in the coursework necessary for on-time graduation and preparation for career development or postsecondary education, and identify the courses and supplemental services necessary to meet those goals;

(B) advocate for students, helping the students to access the services and supports necessary to achieve the goals laid out in the personal plan for the student;

(D) assess student progress on a regular basis;

(E) work with school and eligible local educational agency administrators to promote reforms based on student needs and performance data;

(F) involve parents or caregivers, including those parents or caregivers who are limited English proficient, and teachers, in the development of students' personal plans to ensure the support and assistance of the parents, caregivers, and teachers in meeting the goals outlined in such personal plans; and

(G) communicate to students and their families the importance of implementing the 2 years of the personal plan following secondary school graduation, and work with institutions of higher education to help students transition successfully and fully implement the students' personal plans.

(2) Determining the academic needs of all students entering grade 9 and identifying barriers to success.

(3) Ensuring availability of the services necessary for the implementation of students' personal plans, including access to a college preparatory curriculum and advanced placement or international baccalaureate courses.

(4) Where appropriate, modifying the curriculum at a secondary school receiving subgrant funds under this title to address the instructional requirements of students' personal plans.

(5) Providing for the ongoing assessment of students for whom personal plans have been developed and modifying such personal plans as necessary.

(6) Coordinating the services offered with subgrant funds received under this title with other Federal, State, and local funds, including programs authorized under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), sections 402A and 404A of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 and 1070a-21), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) (in accordance with students' individualized education programs), and the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).

(d) Eligible Local Educational Agency Priority- In awarding subgrants to eligible local educational agencies, a State educational agency shall give priority to eligible local educational agencies with--

(1) the largest number or percentage of students in grades 6 through 12 reading below grade level; or

(2) the lowest graduation rates as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).

(e) School Priority- In awarding subgrant funds to secondary schools, an eligible local educational agency shall give priority to secondary schools that--

(1) have the highest percentages or numbers of students in grades 6 through 12 reading below grade level;

(2) have the highest percentages or numbers of children living below the poverty line according to census figures; or

(3) have the lowest graduation rates as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).

(f) Minimum Subgrant Amount- Each eligible local educational agency receiving a subgrant under this title for a fiscal year shall receive a minimum subgrant amount that bears the same relation to the amount of funds made available to the State educational agency under section 204(e)(1) as the amount the eligible local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount received by all eligible local educational agencies in the State under such part for the preceding fiscal year.

(g) Sufficient Size and Scope- Subgrants under this section shall be of sufficient size and scope to enable eligible local educational agencies to fully implement activities assisted under this title.

(h) Supplement Not Supplant- Each eligible local educational agency receiving a subgrant under this section shall use the subgrant funds to supplement not supplant funding for activities authorized under this title or for other educational activities.

(i) New Services and Activities- Subgrant funds provided under this section may be used only to provide services and activities authorized under this section that were not provided on the day before the date of enactment of this Act.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

For the purposes of carrying out this title, there are authorized to be appropriated $2,000,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years.

TITLE III--FOSTERING SUCCESSFUL SECONDARY SCHOOLS

SEC. 301. FINDINGS.

Congress makes the following findings:

(1) Personalization of the school environment has been proven to be an essential factor in helping low-performing secondary school students succeed.

(2) Effective schools provide ongoing, high-quality professional development for teachers and administrators to improve instruction.

(3) Student success is dependent upon alignment of curriculum, instruction, and assessment.

(4) Successful schools adapt instruction to the unique interests and talents of each student.

(5) Successful schools have high expectations for all students and offer a rigorous curriculum for the entire student body.

(6) Ongoing assessment is the best way to measure how each student is learning and responding to the teacher's instructional methods.

(7) Effective secondary schools have access to, and utilize, data related to student performance prior to, and following, secondary school enrollment.

(8) Despite significant increases to the program, only about 7 percent of funding for title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) goes to secondary schools.

(9) Every year, 1,300,000 students do not graduate with their peers, which means every school day, our Nation loses 7,000 students.

(10) Nationally, of 100 ninth-graders, only 68 will graduate from high school on time, only 38 will directly enter college, only 26 will still be enrolled for the sophomore year, and only 18 will end up graduating from college. The numbers for minority students are even lower.

(11) Even secondary school graduates going on to college are struggling with basic literacy skills, with 40 percent of all 4-year college students taking a remedial course and 63 percent of all community college students assigned to at least 1 remedial course.

SEC. 302. PURPOSES.

It is the purpose of this title to implement research-based programs, practices, and models that will improve student achievement in low performing secondary schools.

SEC. 303. DEFINITIONS.

In this title:

(1) IN GENERAL- The terms `institution of higher education', `local educational agency', `secondary school', `Secretary', and `State educational agency' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY- The term `eligible local educational agency' means a local educational agency that has jurisdiction over not less than 1 eligible secondary school.

(3) ELIGIBLE PARTNERSHIP- The term `eligible partnership' means--

(A) an eligible local educational agency in partnership with a regional educational laboratory, an institution of higher education, or another nonprofit institution with significant experience in implementing and evaluating education reforms; or

(B) a consortium of eligible secondary schools or eligible local educational agencies, each of which is an eligible entity described in subparagraph (A).

(4) ELIGIBLE SECONDARY SCHOOL- The term `eligible secondary school' means a secondary school identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), as of the day preceding the date of enactment of the Pathways for All Students to Succeed Act.

(5) STATE- The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.

(a) Program Authorized- The Secretary is authorized to award grants to State educational agencies, from allotments under section 305(b), to enable the State educational agencies to award subgrants to eligible local educational agencies, from allocations under section 305(c)(2), to promote secondary school improvement and student achievement.

(b) Authorization of Appropriations- There are authorized to be appropriated to carry out this title $500,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years.

SEC. 305. RESERVATIONS, STATE ALLOTMENTS, AND LOCAL ALLOCATIONS.

(a) Reservations- From funds appropriated under section 304(b) for a fiscal year the Secretary shall reserve--

(1) 2 percent for schools funded or supported by the Bureau of Indian Affairs to carry out the purposes of this title for Indian children;

(2) 3 percent to carry out national activities in support of the purposes of this title; and

(3) 95 percent for allotment to the States in accordance with subsection (b).

(b) Allotment to States-

(1) IN GENERAL- From funds reserved under subsection (a)(3) for a fiscal year, the Secretary shall make an allotment to each State educational agency in an amount that bears the same relationship to the funds as the number of schools in that State that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), bears to the number of schools in all States that have been identified for school improvement under such section 1116(b).

(2) REALLOTMENT- The portion of any State educational agency's allotment that is not used by the State educational agency shall be reallotted among the remaining State educational agencies on the same basis as the original allotments were made under paragraph (1).

(1) RESERVATIONS- Each State educational agency receiving a grant under this title shall reserve--

(A) not more than 10 percent of the grant funds--

(i) for State-level activities to provide high-quality professional development and technical assistance to local educational agencies receiving funds under this title and to other local educational agencies as appropriate, including the dissemination and implementation of research-based programs, practices, and models for secondary school improvement; and

(ii) to contract for the evaluation of all programs and activities in the State that are assisted under this title; and

(B) not less than 90 percent of the grant funds to award subgrants to eligible local educational agencies to enable the eligible local educational agencies to carry out the activities described in section 306.

(2) LOCAL ALLOCATION- From funds reserved under paragraph (1)(B), the State educational agency shall allocate to each eligible local educational agency in the State an amount that bears the same relation to such funds as the number of secondary schools that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), that are served by the eligible local educational agency, bears to the number of such schools served by all eligible local educational agencies in the State.

SEC. 306. LOCAL USES OF FUNDS.

Each eligible local educational agency receiving a subgrant under this title shall use the subgrant funds for activities to improve secondary schools that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)), such as--

(1) developing and implementing research-based programs or models that have been shown to raise achievement among secondary school students, including smaller learning communities, adolescent literacy programs, block scheduling, whole school reforms, individualized learning plans, personalized learning environments, and strategies to target students making the transition from middle school to secondary school;

(2) promoting community investment in school quality by engaging parents, businesses, and community-based organizations in the development of reform plans for eligible secondary schools;

(3) researching, developing, and implementing a school district strategy to create smaller learning communities for secondary school students, both by creating smaller learning communities within existing secondary schools, and by developing new, smaller, and more personalized secondary schools;

(4) providing professional development for school staff in research-based practices, such as interactive instructional strategies and opportunities to connect learning with experience; and

(5) providing professional development and leadership training for principals and other school leaders in the best practices of instructional leadership and implementing school reforms to raise student achievement.

SEC. 307. APPLICATIONS.

(a) States- Each State educational agency desiring a grant under this title shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require to ensure compliance with the requirements of this title.

(b) Eligible Local Educational Agencies- Each eligible local educational agency desiring a subgrant under this title shall submit to the State educational agency an application at such time, in such manner, and containing such information as the State educational agency may require to ensure compliance with the requirements of this title. Each such application shall describe how the eligible local educational agency will form an eligible partnership to carry out the activities assisted under this title.

SEC. 308. EVALUATIONS.

In cooperation with the State educational agencies receiving funds under this title, the Secretary shall undertake or contract for a rigorous evaluation of the effectiveness and success of activities conducted under this title.

TITLE IV--DATA CAPACITY

SEC. 401. GRANTS FOR INCREASING DATA CAPACITY FOR PURPOSES OF ASSESSMENT AND ACCOUNTABILITY.

(a) Program Authorized- From funds appropriated under subsection (e) for a fiscal year, the Secretary may award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to develop or increase the capacity of data systems for assessment and accountability purposes, including the collection of graduation rates.

(b) Application- Each State educational agency desiring 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.

(c) Use of Funds- Each State educational agency that receives a grant under this section shall use the grant funds for the purpose of--

(1) increasing the capacity of, or creating, State databases to collect, disaggregate, and report information related to student achievement, enrollment, and graduation rates for assessment and accountability purposes; and

(2) reporting, on an annual basis, for the elementary schools and secondary schools within the State, on--

(A) the enrollment data from the beginning of the academic year;

(B) the enrollment data from the end of the academic year; and

(d) Definitions- In this section:

(1) GRADUATION RATE- The term `graduation rate' means the percentage that--

(A) the total number of students who--

(i) graduate from a secondary school with a regular diploma (which shall not include the recognized equivalent of a secondary school diploma or an alternative degree) in an academic year; and

(ii) graduated on time by progressing 1 grade per academic year; represents of

(B) the total number of students who entered the secondary school in the entry level academic year applicable to the graduating students.

(2) STATE EDUCATIONAL AGENCY- The term `State educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3) SECRETARY- The term `Secretary' means the Secretary of Education.

(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2006, and such sums as may be necessary for each of the 2 succeeding fiscal years.

Calendar No. 108

109th CONGRESS

1st Session

S. 1061

A BILL

To provide for secondary school reform, and for other purposes.

May 19, 2005

Read the second time and placed on the calendar

END