S 2001
110th CONGRESS
1st Session
S. 2001
To amend the Elementary and Secondary Education Act of 1965, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
August 3, 2007
Mr. LIEBERMAN (for himself, Ms. LANDRIEU, and Mr. COLEMAN) introduced the
following bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
A BILL
To amend the Elementary and Secondary Education Act of 1965, 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 `All Students Can Achieve Act'.
SEC. 2. TABLE OF CONTENTS.
Sec. 2. Table of contents.
TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS
Sec. 102. Authorization of appropriations.
Sec. 103. Requiring States to measure teacher effectiveness and permitting
growth models.
Sec. 105. Highly effective teachers and principals.
Sec. 106. Permitting growth model systems.
Sec. 107. Innovative teacher and school incentive programs.
TITLE II--CLOSING THE ACHIEVEMENT GAP
Sec. 202. Equitable distribution of highly effective teachers and non-Federal
funding.
Sec. 203. Strengthen and focus State capacity for school improvement efforts.
TITLE III--ACHIEVING HIGH STANDARDS
Sec. 302. Authorization of appropriations.
Part A--American Standards and Assessments
Sec. 311. American standards and assessments.
Part B--P-16 Education Stewardship Systems
Sec. 321. P-16 education stewardship commission.
Sec. 322. P-16 education State plans.
Sec. 323. P-16 education stewardship system grants.
TITLE IV--STRENGTHENING ACCOUNTABILITY
Sec. 402. Authorizations.
Sec. 403. School intervention plan development.
Sec. 404. Comprehensive and focused intervention.
Sec. 405. Counting all children.
Sec. 406. Including already-required science assessments in adequate yearly
progress.
Sec. 407. Mathematics and science partnerships.
Sec. 408. Children with disabilities and children who are limited English
proficient.
Sec. 409. Early childhood development.
Sec. 410. Adjunct teacher corps.
TITLE V--ENHANCEMENTS
Sec. 502. Authorizations.
Sec. 503. Public school choice.
Sec. 504. Public charter schools.
Sec. 505. Parental involvement.
Sec. 506. Response to intervention.
Sec. 507. Universal design for learning.
Sec. 508. Doubling scientific-based education research at Department of
Education.
Sec. 509. Supplemental educational services.
Sec. 510. Increasing support for foster children and youth.
Sec. 511. Graduation rates.
Sec. 512. District wide high schools reform.
TITLE I--GROWTH MODELS, DATA SYSTEMS, AND EFFECTIVE TEACHERS
SEC. 101. PURPOSE.
The purposes of this title are to--
(1) require States to measure teacher and principal effectiveness;
(2) develop data systems to measure effectiveness and to permit growth
models;
(3) provide States with the opportunity to opt out of the highly qualified
teacher requirements of section 1119 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6319) once a State implements a highly effective
teacher system; and
(4) provide enhanced funding flexibility for States and local educational
agencies with highly effective teacher and principal systems described
in section 1119A of such Act (as amended by this Act).
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out sections 104, 105, and 106, and the amendments
made by these sections, there are authorized to be appropriated $400,000,000
for fiscal year 2008, $400,000,000 for fiscal year 2009, $500,000,000 for
fiscal year 2010, $500,000,000 for fiscal year 2011, and $600,000,000 for
fiscal year 2012. The Secretary shall allot to each State--
(1) an amount that bears the same relation to 50 percent of such funds
as the number of students in kindergarten through grade 12 in the State
bears to the number of all such students in all States; and
(2) an equal share of the remaining 50 percent of such funds.
SEC. 103. REQUIRING STATES TO MEASURE TEACHER EFFECTIVENESS AND PERMITTING
GROWTH MODELS.
Section 2112(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6612(b)) is amended by adding at the end the following:
`(13) Not later than 4 years after the date of enactment of the All Students
Can Achieve Act, a plan to implement a system of identifying highly effective
teachers and principals as required under section 1119A.'.
SEC. 104. DATA SYSTEMS.
Subpart 1 of part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section
1120B the following:
`SEC. 1120C. DATA SYSTEMS AND REQUIREMENTS.
`(a) In General- A State receiving assistance under this part shall, not
later than 4 years after the date of enactment of the All Students Can Achieve
Act--
`(1) develop a longitudinal data system for the State or as part of a
State consortium that meets the requirements of this section; and
`(2) implement the data system after submitting to the Secretary an independently
conducted audit certifying that the data system meets the requirements
of this section.
`(b) Data System Elements- The data system required by subsection (a) shall
include the following:
`(1) The use of a unique statewide student identifier for each student
enrolled in a school in the State that remains stable over time.
`(2) The ability to match the assessment records to each individual student,
for each year the student is enrolled in a school in the State.
`(3) The collection and processing of data at the student level, including--
`(A) information on students who have not participated in the State
academic assessments described in section 1111(b)(3) and the reasons
those students did not participate;
`(B) student enrollment, demographic, including English language proficiency
and native language, and academic and intervention program participation
information;
`(C) information regarding student participation in supplemental educational
services under section 1116(e), including--
`(i) the type of supplemental educational services provided;
`(ii) the dates of such services; and
`(iii) the identification of the providers of such services;
`(D) student transcript data; and
`(E) the existence of an individualized educational plan and other evaluations.
`(4) Data for each group described in section 1111(b)(2)(c)(v)), regarding--
`(A) the graduation rate, as defined in section 1111(b)(2)(C)(vi), and
an on-time cohort graduation rate; and
`(B) each other academic indicator used by the State under section 1111(b)(2)(C)(vii)
for public elementary school students.
`(5) A statewide audit system to ensure the validity and reliability of
data in such system.
`(6) A unique statewide teacher identifier for each teacher employed in
the State that--
`(A) remains stable over time and matches student records, including
assessments, to the appropriate teacher; and
`(B) provides access to teacher data elements, including--
`(i) grade levels and subjects of teaching assignment;
`(ii) preparation program participation; and
`(iii) professional development program participation.
`(7) Ability to link information from the data system to public higher
education data systems in the State, in order to gather information on
postsecondary education enrollment, placement, persistence, and attainment.
`(c) Data System Requirements- A State implementing a data system required
under this section shall--
`(1) develop and implement such system in a manner to ensure--
`(A) the privacy of student records in the data system, in accordance
with the `Family Educational Rights and Privacy Act of 1974' commonly
known as Section 444 of the General Education Provisions Act;
`(B) the use of effective data architecture (including standard definitions
and formatting) and warehousing, including the ability to link student
records over time and across databases and to produce standardized or
customized reports;
`(C) the interoperability among software interfaces used to input, access,
and analyze the data of such system;
`(D) the interoperability with the system linking migrant student records
required under part C;
`(E) the electronic portability of data and records in the system; and
`(2) provide training for the individuals using and operating such system.
`(d) Preexisting Data Systems- A State that has developed and implemented
a longitudinal data system before the date of enactment of the All Students
Can Achieve Act may utilize such system for purposes of this section, if
the State submits to the Secretary an independently conducted audit described
in subsection (a)(2).
`(e) Compliance- Beginning on the date that is 4 years after the date of
enactment of the All Students Can Achieve Act, if the Secretary finds, after
notice and an opportunity for a hearing, that a State has failed to meet
the requirements of this section, the Secretary may, at the discretion of
the Secretary, suspend or limit the State's eligibility for assistance under
title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.).
`(f) Regional Consortia Data System Grant Program-
`(1) IN GENERAL- From amounts authorized under paragraph (5), the Secretary
shall award grants, in accordance with paragraph (3), to regional consortia
of States for the activities described in paragraph (4).
`(2) APPLICATION- A regional consortium desiring to receive a grant under
this subsection shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may require.
`(3) AWARD BASIS AND ALLOTMENTS- The Secretary shall reserve up to $50,000,000
of the funds authorized under section 102 to award grants, on a competitive
basis, to regional consortia of States.
`(4) USE OF FUNDS- A regional consortium receiving a grant under this
subsection shall use grant funds to develop data systems for multi-State
use that meet the requirements of this section.'.
SEC. 105. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.
Subpart 1 of part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section
1119 the following:
`SEC. 1119A. HIGHLY EFFECTIVE TEACHERS AND PRINCIPALS.
`(a) In General- Not later than 2 years after completing the data system
requirements in section 1120C and not later than 6 years after the date
of enactment of the All Students Can Achieve Act, a State receiving assistance
under this title shall implement a highly effective teacher and principal
system by--
`(1) determining the requirements necessary to become a highly effective
teacher in the State, which shall--
`(A) be based primarily on objective measures of student achievement;
and
`(B) at a minimum, include that the teacher has demonstrated success
in--
`(i) effectively conveying and explaining academic subject matter,
as evidenced by the increased student academic achievement of the
teacher's students; and
`(ii) employing strategies that--
`(I) are based on scientifically based research;
`(II) are specific to the academic subject matter being taught;
and
`(III) focus on the identification of, and tailoring of academic
instruction to, students' specific learning needs, particularly
children with disabilities, students with limited English proficient,
and students who are gifted and talented;
`(2) determining the requirements necessary to become a highly effective
principal in the State, which shall be based primarily on increased student
academic achievement of each group described in section 1111(b)(2)(C)(v)
in the principal's school, as compared to the achievement growth of other
schools with similar student populations to the principal's school, as
determined by the State; and
`(3) implementing a system of identifying teachers and principals determined
to be highly effective based on the requirements established by the State
under paragraphs (1) and (2).
`(b) Peer Review Process- The Secretary shall establish a peer review process
to annually evaluate and rate each State's highly effective teacher and
principal requirements, identification system, and resulting data.
`(c) Reservation of Funds- The Secretary shall reserve not more than 10
percent of the funds appropriated for this section or $60,000,000, whichever
is less--
`(1) to conduct, commission, and disseminate research to determine the
most effective methods of determining teacher effectiveness based on objective
measures of growth in student achievement; and
`(2) to study the most effective uses of such data in improving student
achievement.
`(d) Waiver of Highly Qualified Teacher Requirements-
`(1) WAIVER APPLICATION- A State establishing a highly effective teacher
and principal system under this section may request a waiver of the highly
qualified teacher requirements under subparagraphs (C) and (E) of section
1114(b)(1) and sections 1115(c)(1)(E) and 1119(a) for the State and the
local educational agencies within the State, by submitting an application
for a waiver to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
`(2) GRANTING OF WAIVER- Notwithstanding subparagraphs (C) and (E) of
section 1114(b)(1) and sections 1115(c)(1)(E) and 1119(a), the Secretary
shall waive the highly qualified teacher requirements under such sections
for a State and the local educational agencies within the State--
`(A) if the State demonstrates, in the application described in paragraph
(1), that the State--
`(i) has implemented a highly effective teacher and principal system
that meets the requirements of subsection (a) for not less than 1
year; and
`(ii) has baseline data regarding student achievement linked to teacher
data for the schools in the State for not less than the 2 years preceding
the year that the system is implemented; and
`(B) the peer review panel described in subsection (b) has determined
the State's system to be meritorious for the preceding year.
`(e) Funding Flexibility- The Secretary shall waive, upon the request of
a State that has a highly effective teacher and principal system that has
been determined to be meritorious by the peer review panel described in
subsection (b), the limitations on transfers under section 6123(a) and 6123(b).
`(f) Consequences for Teachers Who Are Not Highly Effective-
`(1) PROFESSIONAL DEVELOPMENT- If a local educational agency receiving
assistance under this part evaluates a teacher and finds that the teacher
is not highly effective, the local educational agency shall provide the
teacher with professional development and other support specifically designed
to enable such teacher to produce student learning gains sufficient to
become highly effective. Such professional development and support shall
be provided during not less than the 4 years following the teacher's identification
as not highly effective or until the teacher is evaluated as effective.
`(2) PLACEMENT OF TEACHERS WHO DO NOT BECOME HIGHLY EFFECTIVE- A local
educational agency receiving assistance under this part shall not employ
in a school receiving assistance under this part a teacher who has been
evaluated as not highly effective and, 4 years after such evaluation,
is still evaluated as not highly effective, until such time as the teacher
is evaluated as highly effective.
`(g) Consequences for Principals Who Are Not Highly Effective-
`(1) PROFESSIONAL DEVELOPMENT- If a local educational agency receiving
assistance under this part evaluates a principal and finds that the principal
is not highly effective, the local educational agency shall provide the
principal with professional development and other support specifically
designed to enable such principal to produce student learning gains sufficient
to become highly effective. Such professional development and support
shall be provided during not less than 2 years following the identification
as not highly effective or until the principal is evaluated as effective.
`(2) PLACEMENT OF PRINCIPALS WHO DO NOT BECOME HIGHLY EFFECTIVE- A State
or local educational agency receiving assistance under this part shall
not employ in a school receiving assistance under this part a principal
who has been evaluated as not highly effective and, 3 years after such
evaluation, is still evaluated as not highly effective, until such time
as the principal is evaluated as highly effective.
`(h) Bargaining Agreement Exception and Restrictions on New Agreements-
`(1) IN GENERAL- The Secretary shall not determine that a State or local
educational agency has failed to comply with section 1119A if the reason
for the agency's non-compliance is a contract or collective bargaining
agreement that was entered into prior to the date of enactment of this
Act.
`(2) RESTRICTIONS- A local educational agency or State educational agency
shall not enter into a new contract or collective bargaining agreement
or renew or extend a contract or collective bargaining agreement that
prevents the local educational agency or State educational agency from
meeting the requirements of section 1119A after the date of enactment
of this Act.'.
SEC. 106. PERMITTING GROWTH MODEL SYSTEMS.
Section 1111b of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)) is amended by adding at the end the following:
`(11) USE OF GROWTH MODEL SYSTEMS-
`(A) DEFINITION OF GROWTH MODEL SYSTEM- In this paragraph, the term
`growth model system' means a system that--
`(i) calculates the academic growth of each individual student served
by a school in the State over time;
`(ii) establishes growth targets for each such student, including
students who already meet or exceed the proficient or advanced level
of academic achievement on a State assessment required under section
1111(b)(3); and
`(iii) meets the minimum standards regarding data systems and data
quality that the secretary establishes pursuant to regulation, which
standards shall include requirements that the system--
`(I) matches the assessment records of a student to the student
for each year the student is enrolled in a public school in the
State; and
`(II) measures student growth at the classroom and school levels.
`(B) USE OF GROWTH MODEL SYSTEMS- Notwithstanding any other provision
of law, for purposes of any provision that requires the calculation
of a number or percentage of students who meet or exceed the proficient
level of academic achievement on a State assessment under paragraph
(3), a State authorized by the Secretary to use a growth model system
under subparagraph (D) shall calculate such number or percentage by
counting--
`(i) the students who meet or exceed the proficient level of academic
achievement on the State assessment; and
`(ii) the students who are on a 3-year growth trajectory toward meeting
or exceeding the proficient level.
`(C) APPLICATION- A State desiring to develop, enhance, or implement
a growth model system shall submit an application to the Secretary,
at such time, in such manner, and containing such information as the
Secretary may require. This application shall include a description
of how students with disabilities and English language learners will
be included in growth models.
`(D) AUTHORIZATION FOR A GROWTH MODEL SYSTEM- The Secretary shall authorize
a State that has submitted an application to use a growth model system
for the purposes of calculating adequate yearly progress if the Secretary
determines that--
`(i) the State has the capacity to track individual academic growth
for not less than the 2 school years preceding the year of application;
and
`(ii) the State has developed a plan for implementing a highly effective
teacher and principal evaluation system.
`(E) RULE FOR EXISTING GROWTH MODEL PILOT PROGRAMS- Notwithstanding
this section, a State that, as of the day before the date of enactment
of the All Students Can Achieve Act, has been approved by the Secretary
to carry out a growth model as a pilot program, may continue to participate
in the pilot program instead of the requirements of this section, at
the Secretary's discretion.'.
SEC. 107. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.
Part C of title II of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6671 et seq.) is amended by adding at the end the following:
`Subpart 6--Innovative Teacher and School Incentive Programs
`SEC. 2371. INNOVATIVE TEACHER AND SCHOOL INCENTIVE PROGRAMS.
`(a) Grant Fund for Innovative Teacher Programs-
`(1) GRANTS AUTHORIZED- From amounts appropriated for this subsection,
the Secretary shall award grants to eligible States to enable the eligible
States--
`(A) to implement programs to improve professional development for public
school educators such as--
`(i) establishing professional development committees, which are primarily
composed of teachers, to evaluate the school's professional development
activities and develop a plan for future activities that better meet
the needs of the teachers and the students the teachers serve; and
`(ii) providing funding to local education agencies to increase the
number of professional development release days; and
`(B) to reform teacher compensation, assignment, and tenure policies,
including policies providing incentives to encourage the best teachers
to teach high-need subjects or in high-need schools.
`(2) DEFINITION OF ELIGIBLE STATE- In this subsection, the term `eligible
State' means a State that, in evaluating teachers, uses objective measures
of student learning growth as the primary indicators of teacher performance.
`(3) APPLICATION- An eligible State desiring a grant under this subsection
shall submit an application at such time, in such manner, and containing
such information as the Secretary may require.
`(4) USE OF PEER REVIEW PANEL- In awarding a grant under this subsection,
the Secretary shall--
`(A) establish a peer review process to provide recommendations to the
Secretary regarding awarding grants under this section; and
`(B) ensure that the participants in the peer review process include
experts or researchers with knowledge regarding appropriate statistical
methodology for assessing teacher effectiveness.
`(b) Grants for Innovative School Incentive Programs-
`(1) GRANTS AUTHORIZED- From amounts appropriated for this subsection,
the Secretary shall award grants, on a competitive basis, to States to
enable the States to implement school-based reward systems that recognize
the teamwork (for example, among teachers, administrators, counselors,
resource staff, media specialists, and other staff) necessary to improve
eligible schools in low-income areas receiving assistance under title
I.
`(2) APPLICATION- A State desiring a grant under this subsection shall
submit an application at such time, in such manner, and containing such
information as the Secretary may reasonably require.
`(3) USE OF FUNDS- A State receiving a grant under this subsection shall
use the grant to implement a school-based reward system described in paragraph
(4) for eligible schools.
`(4) SCHOOL-BASED REWARD SYSTEM- A school-based reward system funded under
this subsection shall--
`(A) provide award amounts to eligible schools based on--
`(i) the degree of improvement of student performance;
`(ii) the number of students in the school; and
`(iii) the number of teachers, administrators, and staff serving the
school;
`(B) give the eligible school the discretion to determine the appropriate
uses described in subparagraph (C), with guidance and oversight provided
by the State educational agency; and
`(C) require that the awards be used by the school for any of the following:
`(i) Non-recurring bonuses for teachers, administrators, and staff
at the school.
`(ii) The addition of temporary personnel to continue the school's
improvement.
`(iii) Providing a limited number of teachers with reduced teaching
schedules to permit the teachers to act as mentors at the school or
at other schools receiving assistance under title I.
`(5) DEFINITION OF ELIGIBLE SCHOOL- In this subsection, the term `eligible
school' means an elementary or secondary school that--
`(A) is in the highest third of schools in the State in terms of the
percentage of students eligible for free or reduced-price lunches under
the Richard B. Russell National School Lunch Act; and
`(B) shows significant improvement in student performance, as compared
to similar schools.
`(c) Report- The Secretary shall annually report to Congress on the grants
awarded under subsections (a) and (b) and shall evaluate the effectiveness
of such grants.
`(d) Authorization- For the purpose of carrying out this subsection, there
are authorized to be appropriated $200,000,000 for fiscal year 2008 and
for each of the 4 succeeding fiscal years.'.
TITLE II--CLOSING THE ACHIEVEMENT GAP
SEC. 201. PURPOSE.
The purposes of this title are to--
(1) require the equitable distribution of effective teachers and non-Federal
funding;
(2) increase authorizations for school-improvement funds; and
(3) provide incentives for States to maintain rigorous assessments by
distributing these school-improvement funds according to the number of
schools in need of improvement.
SEC. 202. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS AND NON-FEDERAL
FUNDING.
(a) In General- Subpart 1 of part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) is further amended by adding
at the end the following:
`SEC. 1120D. EQUITABLE DISTRIBUTION OF HIGHLY EFFECTIVE TEACHERS AND NON-FEDERAL
FUNDING.
`(a) Annual State Educational Agency Report-
`(1) IN GENERAL- Each State educational agency receiving assistance under
this part shall annually prepare and submit to the Secretary, and make
available to the public, a report on the equitable distribution of--
`(A) highly effective teachers and principals in the State; or
`(B) in the case of a State that has not yet implemented a highly effective
teacher system under section 1119A or for which highly effective teacher
evaluations have not been completed, highly qualified teachers in the
State.
`(2) STATE REPORT CONTENT- The report described in paragraph (1) shall
include the following:
`(A) The percentage of public elementary school and secondary school
teachers in the State who are not highly effective or highly qualified,
as applicable.
`(B) The specific steps the State educational agency is taking to address
any disproportionate assignment of teachers who are not highly effective
or highly qualified in the schools and local educational agencies of
the State.
`(C) A description of progress made regarding the State's capacity to
implement a system for measuring individual teacher effectiveness.
`(D) A comparison between the elementary and secondary schools in the
State in the highest quartile in terms of the percentage of students
eligible for free and reduced-price lunches under the Richard B. Russell
National School Lunch Act, and such schools in the lowest quartile,
with respect to each of the following:
`(i) The annual teacher attrition rate.
`(ii) The percentage of classes taught by teachers who are not highly
effective or highly qualified, as applicable.
`(iii) The percentage of such schools with principals who are not
highly effective, if the State has implemented highly effective principal
evaluations under section 1119A.
`(E) A comparison between the public schools in the State in the highest
quartile in terms of the percentage of minority student enrollment,
and such schools in the lowest quartile, with respect to each category
described in clauses (i) through (iii) of subparagraph (D).
`(F) A compendium of statewide data and local educational reports described
in subsection (b).
`(G) Such other information as the Secretary may reasonably require.
`(b) Annual Local Educational Agency Report-
`(1) IN GENERAL- Each local educational agency receiving assistance under
this part shall annually prepare and submit to the State educational agency,
and make available to the public, a report on the equitable distribution
of--
`(A) highly effective teachers and principals in the elementary and
secondary schools served by the local educational agency; or
`(B) in the case of a local educational agency in a State that is not
implementing a highly effective teacher system under section 1119A or
for which highly effective teacher evaluations have not been completed,
highly qualified teachers in the elementary and secondary schools served
by the local educational agency.
`(2) REPORT CONTENTS- The report required under this subsection shall
include--
`(A) The percentage of public elementary school and secondary school
teachers employed by the local educational agency who are not highly
effective or highly qualified, as applicable.
`(B) The specific steps the local educational agency is taking to address
any disproportionate assignment of teachers who are not highly effective
or highly qualified, as applicable.
`(C) A comparison between the elementary schools and secondary schools
served by the local educational agency in the highest quartile in terms
of the percentage of students eligible for free and reduced-price lunches
under the Richard B. Russell National School Lunch Act, and such schools
in the lowest quartile, with respect to each of the following:
`(i) The annual teacher attrition rate.
`(ii) The percentage of classes taught by teachers who are not highly
effective or highly qualified, as applicable.
`(iii) The percentage of public schools with principals who are not
highly effective, in States that have implemented highly effective
principal evaluations under section 1119A.
`(D) A comparison between the public schools served by the local educational
agency in the highest quartile in terms of minority student enrollment,
and such schools in the lowest quartile, with respect to each category
described in clauses (i) through (iii) of subparagraph (C).
`(E) Specific, measurable, and quantifiable annual goals for achieving
equity in the distribution of teachers who are highly effective or highly
qualified, as applicable.
`(F) Such other information as the Secretary may reasonably require.
`(c) Local Educational Agency Plans- Not later than 180 days after the date
of enactment of the All Students Can Achieve Act, each local educational
agency receiving assistance under this part shall submit a plan to the State
educational agency that describes how the local educational agency will
achieve equitable assignment of highly effective teachers (or, in the case
of a local educational agency in a State that has not yet implemented a
highly effective teacher system, highly qualified teachers) to high-poverty
and high-minority schools.
`SEC. 1120E. EQUITABLE DISTRIBUTION OF NON-FEDERAL FUNDING.
`(1) IN GENERAL- Not later than 3 years after the date of enactment of
the All Students Can Achieve Act, each State educational agency receiving
assistance under this title shall provide evidence to the Secretary that
the non-Federal funds used by the State for public elementary and secondary
education, including those funds used for actual, and not estimated or
averaged, teacher salaries, based upon classroom hours, for each fiscal
year, are distributed equitably across the schools within each local educational
agency.
`(2) INFORMATION ON SCHOOL REPORT CARDS- If, for a fiscal year, a school
receiving assistance under this part receives significantly less than
the average non-Federal school funding provided to schools in the local
educational agency for such year, the local educational agency shall include
in the school report card required under section 1111(h)(2)(B)(ii) for
such school the amount by which the school's non-Federal school funding
is significantly below the average non-Federal school funding for schools
served by the local educational agency.
`(3) EVALUATION- Two years after the date of enactment of the All Students
Can Achieve Act, and every year thereafter, the Inspector General of the
Department shall--
`(A) evaluate 5 State educational agencies that receive assistance under
this part and 10 local educational agencies that receive assistance
under this part, to determine such agencies' progress in meeting the
requirements of this section; and
`(B) prepare and distribute a report regarding the findings of the evaluation
to the Secretary and to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and Labor of the
House of Representatives.
`(b) Regulations and Guidelines-
`(1) STATE EDUCATIONAL AGENCY REGULATIONS- Not later than 180 days after
the date of enactment of the All Students Can Achieve Act, the Secretary
shall promulgate regulations for State educational agencies regarding
how to review the State educational agency's rules and guidelines and
work with local educational agencies to establish plans and timelines
for providing equitable non-Federal funding to all schools in the State
who receive assistance under this title.
`(2) GUIDELINES FOR LOCAL EDUCATIONAL AGENCIES- Not later than 1 year
after the issuance of the regulations described in paragraph (1), each
State educational agency receiving assistance under this part shall--
`(A) develop guidelines for local educational agencies regarding the
local educational agencies' responsibilities under this section; and
`(B) distribute such guidelines to the local educational agencies and
make such guidelines publicly available.
`(3) LOCAL EDUCATIONAL AGENCY PLANS- Not later than 180 days after the
receipt of the State educational agency's guidelines described in paragraph
(2), each local educational agency in the State that receives assistance
under this part shall develop and submit to the State educational agency
a plan that--
`(A) describes how the local educational agency will ensure the equitable
distribution of non-Federal funds;
`(B) includes a timeline that provides for the implementation of the
plan by not later than 3 years after the local educational agency has
received the guidelines under paragraph (3); and
`(C) shall be made publicly available.
`(c) Definition of Non-Federal Funds- In this section, the term `non-Federal
funds' means the amount of State and local funds provided to a school (including
those State and local funds used for teacher salaries but not including
any Federal funding).
`SEC. 1120F. MAKE WHOLE PROVISIONS.
`If a State has not achieved an equitable distribution, within local educational
agencies, of effective teachers and non-Federal funds 3 years after the
date of enactment of the All Students Can Achieve Act, the Secretary may
withhold a portion of the State's funds under the All Students Can Achieve
Act.'.
(b) Report Card- Section 1111(h)(2)(B)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(ii)) is amended--
(1) in subclause (I), by striking `and' after the semicolon;
(2) in subclause (II), by striking the period and inserting a semicolon
and `and'; and
(3) by inserting after subclause (II), as so amended, the following:
`(III) the information required under section 1120E(a)(2), if required
for such school; and'.
SEC. 203. STRENGTHEN AND FOCUS STATE CAPACITY FOR SCHOOL IMPROVEMENT EFFORTS.
(a) School Improvement Grant Authorization of Appropriations- Section 1002(i)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(i))
is amended by striking `appropriated $500,000,000' and all that follows
through the period and inserting `appropriated--
`(1) $600,000,000 for fiscal year 2008;
`(2) $700,000,000 for fiscal year 2009;
`(3) $800,000,000 for fiscal year 2010;
`(4) $900,000,000 for fiscal year 2011; and
`(5) $1,000,000,000 for fiscal year 2012.'.
(b) State Administration- Section 1003 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6303) is amended--
(1) in subsection (g)(2), by striking `the funds received by the States,
the Bureau of Indian Affairs, and the outlying areas, respectively, for
the fiscal year under parts A, C, and D of this title.' and inserting
`the number of schools in the States, the Department of Interior, and
the outlying areas, respectively, that are not making adequate yearly
progress for the most recent school year for which information is available.';
and
(2) by adding at the end the following:
`(h) Additional Amounts for Administrative Costs-
`(1) IN GENERAL- Notwithstanding subsections (a), (b), and (g), in addition
to the amounts reserved under subsection (a) but not allocated under subsection
(b)(1) and the amounts of a grant award described in subsection (g)(7),
a State may use an additional percentage of the amounts reserved under
subsection (a) and the grant award under subsection (g), not to exceed
15 percent of the sum of such reserved amounts and grant award, if the
State matches the dollar amount of such additional amount with an equal
amount of State funds.
`(2) USE OF FUNDS- A State that elects to use an additional percentage
described in paragraph (1) shall use such funds, and the required matching
State funds, to build more capacity at the State level to diagnose, intervene
in, and assist schools--
`(A) by supporting State personnel in carrying out the responsibilities
under this section; or
`(B) by entering into contracts with non-profit entities with a record
of assisting in the improvement of persistently low-performing schools.'.
(c) Extending the Four Percent School Improvement State Reservations- Section
1003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303)
is amended in subsection (a)--
(1) by striking `2 percent' and inserting `4 percent'; and
(2) by striking `for fiscal years 2002' and all that follows through `2007,'
and inserting `for each fiscal year'.
TITLE III--ACHIEVING HIGH STANDARDS
SEC. 301. PURPOSES.
The purposes of this title are to--
(1) enhance the National Assessment Governing Board and the Board's responsibilities
to develop 21st century performance-based American standards and assessments,
including world-class alternate assessments for students with disabilities
and English-language learners, with incentives for States to adopt voluntarily
the American standards and assessments;
(2) align State curricula with college and workplace needs through State
P-16 commissions covering pre-kindergarten through college in the subjects
of reading or language arts, history, science, technology, engineering,
and mathematics; and
(3) require the Department of Education to report annually on the quality
and rigor of the model American and the State standards and assessments.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title and the amendments made by this
title, in addition to other amounts already authorized, there are authorized
to be appropriated $250,000,000 for fiscal year 2008 and for each of the
4 succeeding fiscal years.
PART A--AMERICAN STANDARDS AND ASSESSMENTS
SEC. 311. AMERICAN STANDARDS AND ASSESSMENTS.
(a) National Assessment Governing Board- Section 302 of the National Assessment
of Educational Progress Authorization Act (20 U.S.C. 9621) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (G), by striking `Three classroom teachers representing'
and inserting `Six classroom teachers with 2 each representing';
(B) in subparagraph (H), by striking `One representative of business
or industry' and inserting `Three representatives of business or industry';
and
(C) by adding at the end the following: `(O) Two members from higher
education.';
(i) in subparagraph (I), by striking `and' after the semicolon;
(ii) in subparagraph (J), by striking the period and inserting `;
and'; and
(iii) by adding at the end the following:
`(K)(i) create American content and performance standards and assessments
in language arts or reading, mathematics, and science for grades 3 through
12;
`(ii) create high-quality alternative assessments for students with
disabilities and English-language learners for use by States;
`(iii) provide web-based mechanisms for States to receive timely results
from these assessments and alternate assessments;
`(iv) extrapolate such standards and assessments based on the National
Assessment of Educational Progress frameworks; and
`(v) ensure that such standards and assessments are aligned with college
and workplace readiness skills.'; and
(B) by adding at the end the following:
`(7) REPORT ON AMERICAN STANDARDS- The Assessment Board shall issue a
report to the Secretary containing the model standards and describe the
assessments specified in paragraph (1)(K).';
(A) in paragraph (2)(B), by striking `not more than six'; and
(B) by adding at the end the following:
`(3) DETAILEES- Any Federal Government employee may be detailed to the
Governing Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of such employee's regular
employment without interruption.'.
(b) Amendment to State Plans- Section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) is amended--
(1) in subsection (c)(2), by striking `reading and mathematics' and inserting
`reading, mathematics, and science'; and
(2) by adding at the end the following:
`(n) Use by States of Model American Standards and Assessments-
`(1) IN GENERAL- Notwithstanding any other provision of this Act, upon
issuance of the report under section 302(e)(7) of the National Assessment
of Educational Progress Authorization Act, each State desiring to receive
funding under this part shall--
`(A) adopt the model American standards and assessments specified in
that report for use in carrying out this section;
`(B) modify the State's existing academic standards and assessments
to align with those model American standards and assessments; or
`(C) continue using the State's existing academic standards and academic
assessments or those of a regional consortium.
`(2) SECRETARY TO EVALUATE STANDARDS AND ASSESSMENTS OF STATES NOT ADOPTING
MODEL AMERICAN STANDARDS AND ASSESSMENTS- The Secretary shall--
`(A) analyze the academic standards and assessments of States that do
not adopt the model American standards and assessments; and
`(B) compare such academic standards and assessments to the model American
standards and assessments, using a common scale.
`(3) ANNUAL REPORT- The Secretary shall annually report to Congress on
any variance in quality and rigor between the model American standards
and assessments adopted by the Assessment Board and the standards and
assessments used by the States. Until development and implementation of
the model American standards and assessments adopted by the Assessment
Board, the Secretary shall report annually to the public on differences
between State assessment results and results from the National Assessment
of Educational Progress.'.
(c) Amendment to Local Plans- Section 1112(b)(1)(F) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(F)) is amended by
striking `reading and mathematics' and inserting `reading, mathematics,
and science'.
(d) National Assessment Governing Board- Section 303 of the National Assessment
of Educational Progress Authorization Act (20 U.S.C. 9621) is amended--
(1) in subsection (b)(1), by striking `reading, mathematics' and inserting
`reading, mathematics, science';
(2) in subsection (b)(2)(B), by striking `reading and mathematics' and
inserting `reading, mathematics, and science';
(3) in subsection (b)(2)(C), by striking `reading and mathematics' and
inserting `reading, mathematics, and science';
(4) in subsection (b)(2)(E), by striking `reading and mathematics' and
inserting `reading, mathematics, and science';
(5) in subsection (b)(3)(A)(i), by striking `reading and mathematics'
and inserting `reading, mathematics, and science';
(6) in subsection (b)(3)(A)(ii), by striking `reading and mathematics'
and inserting `reading, mathematics, and science'; and
(7) in subsection (b)(3)(C)(ii), by striking `reading and mathematics'
and inserting `reading, mathematics, and science'.
PART B--P-16 EDUCATION STEWARDSHIP SYSTEMS
SEC. 321. P-16 EDUCATION STEWARDSHIP COMMISSION.
(a) P-16 Education Stewardship Commission-
(1) IN GENERAL- Each State that receives assistance under part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.) shall establish a P-16 education stewardship commission that
has the policymaking ability to meet the requirements of this section.
(2) EXISTING COMMISSION- The State may designate an existing coordinating
body or commission as the State P-16 education stewardship commission
for purposes of this title, if the body or commission meets, or is amended
to meet, the basic requirements of this section.
(1) COMPOSITION- Each P-16 education stewardship commission shall be composed
of the Governor of the State, or the designee of the Governor, and the
stakeholders of the statewide education community, as determined by the
Governor or the designee of the Governor, such as--
(A) the chief State official responsible for administering prekindergarten
through grade 12 education in the State;
(B) the chief State official of the entity primarily responsible for
the supervision of institutions of higher education in the State;
(C) bipartisan representation from the State legislative committee with
jurisdiction over prekindergarten through grade 12 education and higher
education;
(D) representatives of 2- and 4-year institutions of higher education
in the State;
(E) public elementary and secondary school teachers employed in the
State;
(F) representatives of the business community; and
(G) at the discretion of the Governor, or the designee of the Governor,
representatives from pre-kindergarten through grade 12 and higher education
governing boards and other organizations.
(2) CHAIRPERSON; MEETINGS- The Governor of the State, or the designee
of the Governor, shall serve as chairperson of the P-16 education stewardship
commission and shall convene regular meetings of the commission.
(c) Duties of the Commission-
(1) MEETINGS- Each State P-16 education stewardship commission shall convene
regular meetings.
(2) COMMISSION RECOMMENDATIONS- Not later than 18 months after a State
receives funds under section 303, and annually thereafter, the State P-16
education stewardship commission informed by the higher education institutions
in the State shall--
(A) develop recommendations to better align the content knowledge requirements
for secondary school graduates with the knowledge and skills needed
to succeed in postsecondary education and the workforce in the subjects
of reading or language arts, history, mathematics, science, technology,
and engineering, and, at the discretion of the Commission, additional
academic content areas;
(B) develop recommendations regarding the prerequisite skills and knowledge,
patterns of coursework, and other academic factors including--
(i) the prerequisite skills and knowledge expected of incoming freshmen
at institutions of higher education to successfully engage in and
complete postsecondary-level general education coursework without
the prior need to enroll in developmental coursework; and
(ii) patterns of coursework and other academic factors that demonstrate
the highest correlation with success in completing postsecondary-level
general education coursework and degree or certification programs,
particularly with respect to science, technology, engineering, and
mathematics; and
(C) develop recommendations and enact policies to increase the success
rate of students in the students' transition from secondary school to
postsecondary education, including policies to increase success rates
for--
(i) students of economic disadvantage;
(ii) students of racial and ethnic minorities;
(iii) students with disabilities; and
(iv) students with limited English proficiency.
SEC. 322. P-16 EDUCATION STATE PLANS.
(a) In General- Each State receiving assistance under part A of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et
seq.) shall develop a plan that includes, at a minimum, the following:
(1) A demonstration that the State will work with the State P-16 education
stewardship commission and others, as necessary, to examine the relationship
among the content of postsecondary education admission and placement exams,
the prerequisite skills and knowledge required to successfully take postsecondary-level
general education coursework, the pre-kindergarten through grade 12 courses
and academic factors associated with academic success at the postsecondary
level, particularly with respect to science, technology, engineering,
and mathematics, and existing academic standards and aligned academic
assessments.
(2) A description of how the State will, using the information from the
State P-16 education stewardship commission, increase the percentage of
students taking courses that have the highest correlation of academic
success at the postsecondary level, for each of the following groups of
students:
(A) Economically disadvantaged students.
(B) Students from each major racial and ethnic group within the State.
(C) Students with disabilities.
(D) Students with limited English proficiency.
(3) A description of how the State will distribute the information in
the P-16 education stewardship commission's report to the public in the
State, including public secondary schools, local educational agencies,
school counselors, P-16 educators, institutions of higher education, students,
and parents.
(4) An assurance that the State will continue to pursue effective P-16
education alignment strategies.
(b) Submission- Each State shall submit the State plan described in subsection
(a) to the Secretary not later than 1 year of the date of the enactment
of this Act.
SEC. 323. P-16 EDUCATION STEWARDSHIP SYSTEM GRANTS.
(a) Program Authorized- From amounts appropriated under this section, the
Secretary shall award grants, from allotments under subsection (b), to States
to enable the States--
(1) to establish P-16 education stewardship commissions in accordance
with section 321; and
(2) to carry out the activities and programs described in the State plan
submitted under section 322.
(b) Allotments- The Secretary shall allot the amounts available for grants
under this section equally among the States that have submitted plans described
in section 322. Each such plan shall include a demonstration that the State,
not later than 5 months after receiving grant funds under this section,
will establish a P-16 education stewardship commission described in section
321.
SEC. 324. REPORTS.
(a) In General- Not later than 18 months after a State receives funds under
this section, and annually thereafter, the State P-16 education stewardship
commission shall prepare and submit to the Governor, and make easily accessible
and available to the public, a clear and concise report that shall include
the recommendations described in section 321(c)(2).
(b) Distribution to the Public- Not later than 60 days after the submission
of a report under subsection (a), each State P-16 education stewardship
commission shall publish and widely distribute the information in the report
in various concise and understandable formats to targeted audiences such
as--
(1) all public secondary schools and local educational agencies;
(4) institutions of higher education; and
(5) students and parents, especially students and parents of students
listed in subparagraphs (A) through (D) of section 322(a)(2) and those
entering grade 9 in the next academic year, to assist students and parents
in making informed and strategic course enrollment decisions.
TITLE IV--STRENGTHENING ACCOUNTABILITY
SEC. 401. PURPOSES.
The purposes of this title are--
(1) to divide the accountability structure for schools under the Elementary
and Secondary Education Act of 1965 to provide--
(A) comprehensive intervention for schools that do not make adequate
yearly progress because groups comprising collectively 50 percent or
more of the students in the school have not achieve the State objectives
under section 1111(b)(2)(G) of such Act; and
(B) focused intervention for schools that do not make adequate yearly
progress because groups comprising collectively less than 50 percent
of the students in the school that have not achieved such objectives;
(2) to strengthen the program of providing supplemental educational services;
(3) to count all children and increase rigor by ensuring that the State
calculations of adequate yearly progress have limits on student thresholds
and also on statistical confidence intervals that do not exceed 95 percent
confidence;
(4) to add science to the subjects included in the adequate yearly progress
calculations in the academic assessments under section 1111(b)(3) of such
Act;
(5) to support research and development for mathematics and science partnerships;
(6) to amend the provisions regarding the accountability for students
with disabilities and English-language learners;
(7) to screen children entering schools identified as in need of comprehensive
intervention under section 1116(b)(1) of such Act; and
(8) to develop the Adjunct Teacher Corps to meet the country's needs for
teachers in critical foreign languages and science, technology, engineering,
and mathematics.
SEC. 402. AUTHORIZATIONS.
For the purpose of carrying out this title and the amendments made by this
title, there are authorized to be appropriated $250,000,000 for fiscal year
2008 and for each of the 4 succeeding fiscal years.
SEC. 403. SCHOOL INTERVENTION PLAN DEVELOPMENT.
Part A of title I of the Elementary and Secondary Education Act of 1965
is further amended by inserting before section 1116 the following:
`SEC. 1115A. SCHOOL INTERVENTION PLAN DEVELOPMENT.
`(a) In General- A school that does not make adequate yearly progress but
has not been so identified for the immediate preceding year shall, not later
than the end of the first year following such identification--
`(1) develop, in conjunction with the local educational agency and in
consultation with parents, teachers, administrators, students, and school-intervention
specialists from the local educational agency or the State educational
agency, a school-intervention plan;
`(2) obtain approval of the plan from the local educational agency and
certification from the superintendent that the plan meets the requirements
of this subparagraph and is reasonably designed to ensure that the school
will meet adequate yearly progress targets for the following year; and
`(3) after approval, make the school-intervention plan publicly available.
`(b) Contents of Plan- A school plan under this section shall--
`(1) analyze and address systemic causes for the school's inability to
make adequate yearly progress;
`(2) identify the specific reasons why the school did not make adequate
yearly progress; and
`(3) articulate a plan to improve instruction and achievement that addresses
how the school will--
`(A) implement curriculum and benchmark assessments that are aligned
with the State academic content standards and student academic achievement
standards, if collectively more than 50 percent of students are contained
within groups that did not meet adequate yearly progress;
`(B) expand instructional time for students who have not met the proficient
level or are not making sufficient progress toward reaching such level
on the State academic assessments;
`(C) ensure that first-year teachers are not disproportionately assigned
to students described in subparagraph (B);
`(D) ensure that all teachers in the school receive assistance and support
in implementing the curriculum, evidence-based intervention models,
benchmark assessments, and additional instructional time;
`(E) if the subgroup of limited English proficient students does not
make adequate yearly progress, articulate how the school will work with
the local educational agency to redeploy, as permitted, funds made available
to the local educational agency under title III;
`(F) if the subgroup of students with disabilities did not make adequate
yearly progress, articulate how the school will work with the local
educational agency to redeploy, as permitted, funds made available to
the local educational agency under the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.);
`(G) include data on the school, relevant to the factors identified
in the plan, from the local educational agency's report under section
1120D; and
`(H) identify specific actions that the local educational agency will
take to make supplemental educational services and public school transfer
available.'.
SEC. 404. COMPREHENSIVE AND FOCUSED INTERVENTION.
Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316) is amended--
(1) in subsection (a)(1)(B)--
(A) by striking `subject to school improvement' and inserting in lieu
thereof `subject to comprehensive intervention or focused intervention';
and
(B) by striking `for school improvement' and inserting in lieu thereof
`for comprehensive intervention or focused intervention';
(2) by striking subsection (b) and inserting the following:
`(b) School Intervention-
`(1) COMPREHENSIVE INTERVENTIONS-
`(i) IN GENERAL- A local educational agency shall identify, as in
need of comprehensive intervention, any elementary school or secondary
school served under this part that does not make, for 2 or more consecutive
years, adequate yearly progress as defined in the State's plan under
section 1111(b)(2) because--
`(I) the group of all students at the school did not meet the objectives
set by the State under section 1111(b)(2)(G); or
`(II) one or more groups of students specified in section 1111(b)(2)(C)(v)
that collectively represents 50 percent or more of the students
in the school's enrollment did not meet such objectives.
`(ii) TRANSFER TO FOCUSED INTERVENTION- In the case of a school that
has been identified as in need of comprehensive intervention under
clause (i), the school shall be transferred to the year under the
focused intervention timeline, as defined in paragraph (2)(A)(i),
where the school would have fallen if the school had never needed
comprehensive intervention, if the school--
`(I) makes adequate yearly progress for 2 consecutive years for
groups that collectively contain more than 50 percent of the students;
and
`(II) does not make adequate yearly progress for one or more subgroups
for 2 or more consecutive years for the same subgroups.
`(iii) EXITING COMPREHENSIVE INTERVENTION- In the case of a school
that has been identified as in need of comprehensive intervention
under clause (i), the school shall continue to be identified as in
need of comprehensive intervention and subject to the requirements
of this section until--
`(I) the school makes adequate yearly progress for 2 consecutive
years for groups that collectively contain more than 50 percent
of the students; or
`(II) the school year following the implementation of a comprehensive
restructuring plan under subparagraph (E).
`(B) HIRING, TRANSFERRING, AND PROFESSIONAL DEVELOPMENT REQUIREMENTS
FOR IDENTIFIED SCHOOLS-
`(i) IN GENERAL- Subject to clause (iii), a local educational agency
or State educational agency receiving assistance under this part shall--
`(I) permit a school identified as being in need of comprehensive
intervention under subparagraph (A) to deny transfer requests from
teachers;
`(II) provide such school with priority in the hiring timeline for
the local educational agency or State educational agency; and
`(III) in the case of a school that has been identified as being
in need of comprehensive intervention for 2 or more years, allow
the school to add additional professional development hours for
teachers if the professional development is included as part of
the approved intervention plan defined in this subsection for the
school.
`(ii) DETERMINATION BY SECRETARY- Each local educational agency or
State educational agency receiving assistance under this part shall
demonstrate to the Secretary that the agency can meet the requirements
of clause (i) by not later than 3 years after the date of enactment
of this Act. If the Secretary determines that the local educational
agency or State educational agency has failed to meet this requirement,
the Secretary may withhold a portion of funds to the State educational
agency under this title.
`(iii) BARGAINING AGREEMENT EXCEPTION AND RESTRICTIONS ON NEW AGREEMENTS-
`(I) IN GENERAL- The Secretary shall not determine that a State
educational agency has failed to comply with clause (i) if the reason
for the agency's non-compliance is a contract or collective bargaining
agreement that was entered into prior to the date of enactment of
this Act.
`(II) RESTRICTIONS- A local educational agency or State educational
agency shall not enter into a new contract or collective bargaining
agreement, or renew or extend a contract or collective bargaining
agreement, that prevents the local educational agency or State educational
agency from meeting the requirements of clause (i) after the date
of enactment of the All Students Can Achieve Act.
`(C) PLAN IMPLEMENTATION IN YEARS 1, 2, 3, AND 4-
`(i) IN GENERAL- In the case of a school that has been identified
as in need of comprehensive intervention for less than 5 consecutive
years--
`(I) the school shall implement the approved school intervention
plan developed under section 1115A; and
`(II) not later than the beginning of the first school year of intervention
plan implementation, and for each of the succeeding years if the
school remains in need of comprehensive or focused intervention,
the local educational agency shall arrange for the provision of
supplemental educational services; and
`(III) by not later than 6 weeks before the start of the first school
year of intervention plan implementation, the local educational
agency serving the school shall notify the parents of the students
attending the school of the parents' right to transfer their child
to another public school that is not identified as in need of comprehensive
intervention including the out of district transfer program in section
503.
`(ii) PLAN AND PROGRESS REVIEW- In the case of a school that is required
to carry out a comprehensive school improvement plan under this subparagraph,
the local educational agency and the State educational agency shall
annually review the school's implementation of the plan and progress
for each year that the school is designated as in need of comprehensive
intervention.
`(D) RESTRUCTURING PLAN DEVELOPMENT IN YEAR 4-
`(i) IN GENERAL- In the case of a school identified as in need of
comprehensive intervention for 4 consecutive years, the local educational
agency, in consultation with the school and in addition to plan implementation
as defined in subparagraph (C), shall, by not later than the end of
the year--
`(I) develop a comprehensive restructuring plan, in consultation
with school intervention specialists, where available, from the
State educational agency, parent and community representatives,
and local government officials;
`(aa) approval of the plan from a peer review panel selected by
the chief State school officer; and
`(bb) certification by the chief State school officer that the
plan meets the requirements of this subparagraph and is designed to ensure
that the school will make adequate yearly progress in the succeeding years;
and
`(III) make the comprehensive restructuring plan public.
`(ii) RESTRUCTURING OPTIONS- A comprehensive restructuring plan for
a school subject to this subparagraph shall include details sufficient
to carry out one of the following as consistent with State law:
`(I) Closing and reopening the school as a charter school even if
the addition of such school would exceed the State's limit on the
number of charter schools that may operate in the State, city, county,
or region.
`(II) Closing and reopening the school under the management of a
private or non-profit organization with a proven record of improving
schools.
`(III) Closing and reopening the school under the direct administration
of the State educational agency or the chief executive officer of
a State or local government entity, such as a governor or mayor.
`(IV) Reassigning the majority of the staff at the school, and ensuring
that in the subsequent year the staff serving the school does not
have a greater percentage of teachers who are not highly effective
than the average percentage of such teachers in the schools served
by the local educational agency.
`(iii) MULTIPLE RESTRUCTURING EXCEPTION-
`(I) EXCEPTION- Notwithstanding subparagraph (A) or clause (i),
if 10 percent or more of the schools served by a local educational
agency are required to develop a comprehensive restructuring plan,
the local educational agency, with the approval and cooperation
of the State educational agency, may carry out the requirements
of this subparagraph for a limited number of the lowest performing
of such schools, as described in subclause (II).
`(II) LIMITED NUMBER OF SCHOOLS- The number of schools described
in this subclause shall be not less than the greater of--
`(aa) 10 percent of the number of the schools served by the local
educational agency; or
`(bb) 1.
`(III) RULE FOR NONSELECTED SCHOOLS- A school identified for comprehensive
restructuring that is not one of the limited number of lowest performing
schools under this clause shall be subject to comprehensive restructuring
in subsequent years and comparable expenditures under subparagraph
(F) unless the school exits comprehensive intervention.
`(E) YEAR 5--COMPREHENSIVE RESTRUCTURING PLAN IMPLEMENTATION- A school
that has been identified as in need of comprehensive intervention for
5 consecutive years, shall, subject to the exemption in subparagraph
(D)(iii), fully implement the comprehensive restructuring plan by not
later than the end of the year following such identification.
`(F) RULE OF CONSTRUCTION- Nothing in this section shall be construed
to preclude a local educational agency from implementing a policy of
carrying out a comprehensive restructuring of a school more quickly
than is required by this section.
`(2) FOCUSED INTERVENTION-
`(i) IN GENERAL- If any elementary school or secondary school served
under this part does not, for 2 or more consecutive years, make adequate
yearly progress as defined in the State's plan under section 1111(b)(2)
but is not identified as in need of comprehensive intervention, the
local educational agency shall identify the school as in need of focused
intervention with respect to each group of students described in section
1111(b)(2)(C)(v) that did not meet the objectives set by the State
under section 1111(b)(2)(G) in the same subject area for both years.
`(ii) TRANSFER TO COMPREHENSIVE INTERVENTION- In the case of a school
that has been identified as in need of focused intervention under
clause (i), the school will no longer be under focused intervention
if the school does not make adequate yearly progress for 2 consecutive
years for groups that collectively contain more than 50 percent of
the students.
`(iii) EXITING FOCUSED INTERVENTION- In the case of a school that
has been identified as in need of focused intervention with respect
to a focused group and focused subject under clause (i), the school
shall continue to be identified as in need of focused intervention
and subject to the requirements of this section until the focused
group meets or exceeds the objectives set by the State under section
1111(b)(2)(G) for the focused subject for 2 consecutive years.
`(B) DEFINITIONS- In this paragraph--
`(i) the term `focused group' means the group of students described
in subparagraph (A)(i); and
`(ii) the term `focused subject' means each subject area for which
the focused group did not meet the objectives set by the State under
section 1111(b)(2)(G) for both years.
`(C) MULTIPLE GROUPS- A school may be identified for focused improvement
under this paragraph for more than 1 focused group of students and with
respect to more than 1 focused subject, and shall carry out the requirements
of this paragraph for each such group and subject.
`(D) PLAN IMPLEMENTATION IN YEARS 1, 2, 3, AND 4- In the case of a school
identified as in need of focused intervention for the same focused group
and 1 or more of the same focused subjects for 2 consecutive years--
`(i) the school shall implement the school intervention plan under
section 1115A and issue an annual progress report regarding the implementation
to the public by not later than the following academic year; and
`(ii) the local educational agency shall target supplemental educational
services to students in the focused group while allowing other students
to participate in accordance with subsection (E) by not later than
the following academic year.
`(E) PUBLIC SCHOOL TRANSFER IN YEAR 1- In the case of a school identified
as in need of focused intervention for the same focused group and 1
or more of the same focused subjects for 2 consecutive years--
`(i) the school shall continue to implement the intervention plan
and provide annual progress reports, as required under subparagraph
(D)(i);
`(ii) the local educational agency shall continue to provide supplemental
educational services under subparagraph (D)(ii); and
`(iii) by not later than 6 weeks before the start of the first school
year of intervention plan implementation, the local educational agency
serving the school shall notify the parents of the students attending
the school of the parents' right to transfer the students to another
public school that is not identified as in need of comprehensive intervention
and shall provide such right.
`(F) FOCUSED RESTRUCTURING PLAN DEVELOPMENT IN YEAR 4- In the case of
a school identified as in need of focused intervention for the same
focused group and 1 or more of the same focused subjects for 4 consecutive
years, the local educational agency, in consultation with the school
and in addition to plan implementation as defined in subparagraph (D),
shall carry out clauses (i) and (ii).
`(i) IN GENERAL- The local educational agency, in consultation with
school intervention specialists from the local educational agency
and the State educational agency, and parent and community representatives,
shall--
`(I) develop a focused restructuring plan that may utilize additional
school improvement funding provided to the State educational agency;
`(II) obtain certification of the plan from the chief school officer
of the local educational agency and the chief State school officer
attesting that the plan meets the requirements of this subparagraph
and is reasonably designed to ensure that the school will make adequate
yearly progress in the succeeding years; and
`(III) after certification, make the focused restructuring plan
publicly available.
`(ii) CONTENTS- A focused restructuring plan for a school subject
to this subparagraph shall include a plan to carry out 1 or more of
the following as consistent with State law:
`(I) Reassigning the majority of the staff at the school associated
with the subgroups that did not meet adequate yearly progress, and
ensuring that, in the subsequent year, the staff serving the students
in these subgroups do not have a greater percentage of teachers
who are not highly effective than the average percentage of such
teachers in the schools served by the local educational agency.
`(II) Entering into an agreement with a private or non-profit organization
with a proven record of improving schools and school instruction
to manage and staff the instructional areas not meeting adequate
yearly progress.
`(G) FOCUSED RESTRUCTURING PLAN IMPLEMENTATION IN YEAR 5- In the case
of a school identified as in need of focused intervention for the same
focused group and 1 or more of the same focused subjects for 5 consecutive
years, the local educational agency shall implement the certified focused
restructuring plan in the following school year.
`(H) CONTINUED PLAN IMPLEMENTATION IN YEAR 6 AND BEYOND- In the case
of a school identified as in need of focused intervention for the same
focused group and 1 or more of the same focused subjects for 6 or more
consecutive years, the local educational agency shall continue refining
the intervention plan and the local educational agency shall use sufficient
funds available under this title to carry out extended time instructional
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