[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1676 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1676

 To improve accountability for schools and local educational agencies 
 under part A of title I of the Elementary and Secondary Education Act 
                    of 1965, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1999

 Mr. Bingaman introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To improve accountability for schools and local educational agencies 
 under part A of title I of 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 ``School Improvement Accountability 
Act''.

SEC. 2. IMPROVED ACCOUNTABILITY.

    (a) State Plans.--Section 1111(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)) is amended--
            (1) in the subsection heading, by striking ``and 
        Assessments'' and inserting ``, Assessments, and 
        Accountability'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Yearly progress.
                    ``(A) In general.--Each State plan shall specify 
                what constitutes adequate yearly progress in student 
                achievement and other outcomes the State will require, 
                under the State's accountability system described in 
                paragraph (3), for the State and for each school and 
                each local educational agency receiving funds under 
                this part. The yearly progress specified in the State 
                plan--
                            ``(i) shall be based primarily on the 
                        standards described in paragraph (1) and the 
                        assessments described in paragraph (3), and 
                        shall include specific numerical yearly 
                        progress requirements in each subject and grade 
                        included in the State assessments;
                            ``(ii) shall include separate improvement 
                        requirements for economically disadvantaged 
                        students, disabled students, and limited 
                        English proficient students by school and by 
                        subject area, to ensure that all such students 
                        meet the State's proficient or advanced levels 
                        of performance on all assessments required 
                        under this section within 10 years of the date 
                        of enactment of the Elementary and Secondary 
                        Education Amendments of 1999; and
                            ``(iii) at the State's discretion, may also 
                        include other academic outcome measures such as 
                        promotion, completion of college preparatory 
                        courses, and secondary school completion, if 
                        the inclusion of the discretionary outcome 
                        measures does not reduce the number of schools 
                        or local educational agencies that would be 
                        subject to improvement or corrective action if 
                        the measures were not considered.
                    ``(B) Annual improvement.--Each State plan shall 
                require yearly progress so that--
                            ``(i) in the case of a State, not less than 
                        90 percent of the local educational agencies 
                        within the State meet the State's criteria for 
                        adequate yearly progress; and
                            ``(ii) in the case of a local educational 
                        agency, not less than 90 percent of the schools 
                        served by the local educational agency meet the 
                        State's criteria for adequate yearly progress.
                    ``(C) Long-term improvement.--Each State plan shall 
                require yearly progress that is continuous and 
                substantial to result in all students meeting the 
                State's proficient or advanced levels of performance 
                within 10 years of the date of enactment of the 
                Elementary and Secondary Education Amendments of 
                1999.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by striking ``developed or adopted'' 
                        and inserting ``in place''; and
                            (ii) by inserting ``, not later than the 
                        school year 2000-2001,'' after ``will be 
                        used'';
                    (B) in subparagraph (F)--
                            (i) in clause (ii), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (iii), by inserting ``and'' 
                        after the semicolon; and
                            (iii) by adding at the end the following:
                            ``(iv) the use of assessments written in 
                        Spanish for the assessment of Spanish-speaking 
                        students with limited English proficiency, if 
                        Spanish-language assessments are more likely 
                        than English language assessments to yield 
                        accurate and reliable information regarding 
                        what those students know and can do in content 
                        areas other than English;''
                    (C) by redesignating subparagraphs (G), (H), and 
                (I), as subparagraphs (H), (I), and (J); and
                    (D) by inserting after subclause (F) the following:
                    ``(G) require the participation of--
                            ``(i) not less than 90 percent of the 
                        economically disadvantaged students in the 
                        grade level in which the assessment is given;
                            ``(ii) not less than 90 percent of the 
                        migrant students in the grade level in which 
                        the assessment is given; and
                            ``(iii) not less than 90 percent of the 
                        students with disabilities in the grade level 
                        in which the assessment is given.'';
            (4) by striking paragraph (7);
            (5) by redesignating paragraphs (4), (5), (6) and (8) as 
        paragraphs (8), (9), (10) and (11), respectively;
            (6) by inserting after paragraph (3) the following:
            ``(4) Accountability.--Each State plan shall demonstrate 
        that the State has developed and is implementing a statewide 
        accountability system that is or will be effective in 
        substantially increasing the numbers and percentages of all 
        students, including economically disadvantaged students, 
        disabled students, and students with limited proficiency in 
        English, who meet the State's proficient and advanced levels of 
        performance within 10 years of the date of enactment of the 
        Elementary and Secondary Education Amendments of 1999. Each 
        State accountability system shall--
                    ``(A) be based on the standards and assessments 
                developed or adopted under paragraphs (1) and (3), 
                respectively, and take into account the performance of 
                all students eligible for assistance under this part;
                    ``(B) be the same accountability system the State 
                uses for all schools or all local educational agencies 
                in the State, if the State has an accountability system 
                for all schools or all local educational agencies in 
                the State;
                    ``(C) require substantial and continuous yearly 
                progress in the achievement of all students, including 
                economically disadvantaged students, disabled students, 
                and students with limited English proficiency, as 
                described in paragraph (2), in all schools and local 
                educational agencies receiving funds under this part;
                    ``(D) provide for the identification of 
                distinguished schools and local educational agencies 
                receiving funds under this part, and provide for the 
                dissemination of practices and strategies that enabled 
                the schools and local educational agencies to make 
                outstanding progress;
                    ``(E) provide for the identification of schools and 
                local educational agencies in need of improvement, as 
                required by section 1116, and provide for the provision 
                of technical assistance, professional development, and 
                other capacity-building as needed, including those 
                measures specified in sections 1116(c)(5) and 1117, to 
                ensure that schools and local educational agencies so 
                identified have the resources, skills, and knowledge 
                needed to carry out their obligations under sections 
                1114 and 1115 and to meet the requirements for adequate 
                yearly progress described in paragraph (2);
                    ``(F) specify the corrective action or actions the 
                State will take, as required by section 1116(d)(6), 
                with respect to each school and local educational 
                agency that is identified as in need of improvement for 
                2 or more years; and
                    ``(G) provide for prompt reporting to parents of 
                students enrolled in schools that are identified for 
                school improvement or are subject to corrective action.
            ``(5) Public notice and comment.--Each State plan shall 
        contain assurances that--
                    ``(A) in developing the State plan for annual 
                yearly progress, the State diligently sought public 
                comment from a range of institutions and individuals in 
                the State with an interest in improved student 
                achievement; and
                    ``(B) the State will continue to make a substantial 
                effort to ensure that information regarding this part 
                is widely known and understood by citizens, parents, 
                teachers, and school administrators throughout the 
                State, including, at a minimum, publication of the 
                information and explanatory text in each major 
                newspaper in the State and on the State educational 
                agency's web site.
                    ``(6) Annual review.--The Secretary shall review 
                the information submitted by each State under paragraph 
                (2) relating to the adequate yearly progress of States, 
                schools, and local educational agencies for purposes of 
                determining State and local compliance with section 
                1116.
            ``(7) Penalties.--
                    ``(A) Ineligibility for reservations.--If a State 
                fails to meet the deadlines described in paragraphs 
                (1)(C) and (6) for demonstrating that the State has in 
                place high-quality State content and student 
                performance standards, aligned assessments, and a 
                system for measuring and monitoring adequate yearly 
                progress for a fiscal year, then the State shall be 
                ineligible to reserve any funds under section 
                1003(a)(1) for the succeeding fiscal year that exceed 
                the amount so reserved for such purposes by the State 
                for the fiscal year preceding the fiscal year for which 
                the determination is made.
                    ``(B) Withholding administrative funds.--
                            ``(i) In general.--Except as described in 
                        clause (ii), if a State fails to meet the 
                        deadlines described in paragraphs (1)(C) and 
                        (6) for a fiscal year, then the Secretary may 
                        withhold funds made available under this part 
                        for administrative expenses for the succeeding 
                        fiscal year in such amount as the Secretary 
                        determines appropriate.
                            ``(ii) Special rule.--For each succeeding 
                        fiscal year for which a State fails to meet the 
                        deadlines described in paragraphs (1) and (6) 
                        after the fiscal year described in clause (i), 
                        the Secretary shall withhold not less than \1/
                        5\ of the funds made available under this part 
for administrative expenses for the fiscal year.''; and
            (7) by amending paragraph (10) (as redesignated by 
        paragraph (5)) to read as follows:
            ``(10) Assessment development.--A State that has not 
        developed challenging State assessments that are aligned to 
        challenging State content standards, in at least mathematics 
        and reading or language arts by school year 2000-2001, may 
        apply to the Secretary for a one-time, 1-year extension to 
        complete development and alignment of the assessments.''.
    (b) Assessment and Improvement.--Section 1116 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6317) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) State and Local Review.--
            ``(1) In general.--Each State and local educational agency 
        receiving funds under this part shall use the State assessments 
        and other academic measures or indicators, if any, described in 
        the State plan to review annually the progress of each school 
        served under this part to determine whether the school is 
        meeting or making the adequate yearly progress specified under 
        section 1111(b)(2) toward enabling all students to meet the 
        State's student performance standards described in the State 
        plan.
            ``(2) Publication and dissemination; results.--Each local 
        educational agency receiving funding under this part shall--
                    ``(A) publicize and disseminate to teachers and 
                other staff, parents, students, and the community, the 
                results of the annual review under paragraph (1) of all 
                schools served under this part in individual school 
                performance profiles that include statistically sound 
                results disaggregated in the same manner as results are 
                disaggregated under section 1111(b)(3)(I); and
                    ``(B) provide the results of the local annual 
                review to schools so that the schools can continually 
                refine the program of instruction to help all children 
                served under this part in those schools meet the 
                State's student performance standards.
            ``(3) Special rule.--A local educational agency may use any 
        additional local measures or indicators described in the State 
        plan to review annually the yearly progress of each school 
        served under this part if the use of such additional measures 
        does not result in fewer schools being identified as needing 
        improvement than would otherwise be identified without using 
        such additional measures.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraphs (B) and 
                        (C) as subparagraphs (C) and (D), respectively;
                            (ii) in subparagraph (A)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii); and
                                    (II) by striking clause (i) and 
                                inserting the following:
                            ``(i) in understandable language and form, 
                        promptly notify the parents of each student 
                        enrolled in the school that the school was 
                        designated by the State or local educational 
                        agency as needing improvement and provide with 
                        the notification--
                                    ``(I) the reasons for such 
                                designation; and
                                    ``(II) information about 
                                opportunities for parents to 
                                participate in the school improvement 
                                process;
                            ``(ii) with parents, the local educational 
                        agency, and the school support team, develop or 
                        revise a school improvement plan that meets the 
                        requirements of subparagraph (B) and describe 
                        in the plan the specific improvements that the 
                        school will undertake that have the greatest 
                        likelihood of improving the performance of 
                        participating children in meeting the State's 
                        student performance standards; and''; and
                            (iii) by inserting before subparagraph (C) 
                        (as redesignated by clause (i)) the following:
                    ``(B) Any plan prepared pursuant to subparagraph 
                (A) shall--
                            ``(i) describe the achievement problems to 
                        be solved;
                            ``(ii) identify strategies or models to be 
                        put into place to address the achievement 
                        problems;
                            ``(iii) explain how such a strategy or 
                        model works to produce gains in student 
                        achievement;
                            ``(iv) summarize evaluation-based evidence 
                        of improvements in student achievement after 
                        implementation of such strategies or models in 
                        other schools; and
                            ``(v) describe how the local educational 
                        agency will hold the school accountable for, 
                        and assist the school in, meeting the school's 
                        obligations to provide enriched and accelerated 
                        curricula, effective instructional methods, 
                        highly qualified professional development, and 
                        timely and effective individual assistance, in 
                        partnership with parents.''; and
                    (B) by amending paragraph (5) to read as follows:
            ``(5) Corrective action.--(A) A local educational agency 
        shall take corrective action during the third academic year 
        after the academic year in which a school is identified under 
        paragraph (1) if the school fails to make adequate yearly 
        progress under section 1111(b)(2).
            ``(B) The corrective action described in subparagraph (A) 
        may include--
                    ``(i) deferring, reducing, or withholding funds;
                    ``(ii) revoking authority for a school to operate a 
                schoolwide program;
                    ``(iii) decreasing decisionmaking authority at the 
                school level;
                    ``(iv) restructuring the school, such as by--
                            ``(I) creating schools within schools or 
                        other small learning environments; or
                            ``(II) making alternative governance 
                        arrangements (such as the creation of a public 
                        charter school);
                    ``(v) reconstituting the school staff;
                    ``(vi) eliminating the use of noncredentialed 
                staff;
                    ``(vii) authorizing students to transfer, including 
                providing transportation costs, to higher performing 
                public schools that are not identified for school 
                improvement and are served by the local educational 
                agency; and
                    ``(viii) closing the school.
            ``(C) A local educational agency shall take corrective 
        action with respect to a school identified for corrective 
        action under subparagraph (A). The corrective action shall--
                    ``(i) change the school's administration or 
                governance by the means specified in subparagraph (B) 
                (iii), (v), or (vi); and
                    ``(ii) provide all students enrolled in the school 
                with the option to transfer pursuant to the 
                requirements of subparagraph (B)(vii).
            ``(D) A school that is no longer operating a schoolwide 
        program due to a corrective action may not resume operation of 
        the schoolwide program until the local educational agency 
        determines that the school has adequately reformed its 
        schoolwide program plan to enable the school to make adequate 
        progress toward meeting the State's challenging student 
        performance standards.''; and
            (3) in subsection (d)--
                    (A) in paragraph (4)--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (ii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) Each local educational agency identified 
                under paragraph (3) shall, in consultation with 
                schools, parents, and educational experts, revise its 
                local educational agency plan under section 1112 in 
                ways that meet the requirements of subparagraph (B) and 
                describe in the revised plan the specific improvements 
                that the local educational agency will undertake that 
                have the greatest likelihood of improving the 
                performance of participating children in meeting the 
                State's student performance standards.
                    ``(B) Any revised plan prepared pursuant to 
                subparagraph (A) shall--
                            ``(i) describe the achievement problems to 
                        be solved;
                            ``(ii) identify strategies or models to be 
                        put into place to address the achievement 
                        problems;
                            ``(iii) explain how such a strategy or 
                        model works to produce gains in student 
                        achievement;
                            ``(iv) summarize evaluation-based evidence 
                        of improvements in student achievement after 
                        implementation of such strategies or models in 
                        other schools; and
                            ``(v) describe how the local educational 
                        agency will hold the schools accountable for, 
                        and assist schools in, meeting the schools' 
                        obligations to provide enriched and accelerated 
                        curricula, effective instructional methods, 
                        highly qualified professional development, and 
                        timely and effective individual assistance, in 
                        partnership with parents.''; and
                    (B) in paragraph (6)(B)--
                            (i) in clause (i)--
                                    (I) by amending subclause (I) to 
                                read as follows:
                                    ``(I) deferring, reducing or 
                                withholding funds;'';
                                    (II) by amending subclause (VI) to 
                                read as follows:
                                    ``(VI) authorizing students to 
                                transfer, including providing 
                                transportation costs, to higher 
                                performing public schools that are not 
                                identified for school improvement;'';
                                    (III) in subclause (VII), by 
                                striking the period and inserting ''; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                                    ``(VIII) eliminating the use of 
                                noncredentialed staff.'';
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) The State educational agency shall 
                        take action with respect to a local educational 
                        agency identified for correction action under 
                        subparagraph (A). The corrective action shall--
                                    ``(I) change the governance of the 
                                local educational agency by the means 
                                specified in clause (i) (II), (III), 
                                (IV) or (V); and
                                    ``(II) provide all students 
                                enrolled in the schools served by the 
                                local educational agency with the 
                                ability to transfer pursuant to the 
                                requirements of clause (i)(VI).''; and
                            (iii) by striking subparagraph (C).
    (c) Conforming Amendments.--The Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6301 et seq.) is amended--
            (1) in section 1111(b)(1)(c) (20 U.S.C. 6311(b)(1)(c)), by 
        striking ``paragraph (6)'' and inserting ``paragraph (10)''.
            (2) in section 1116 (20 U.S.C. 6317)--
                    (A) in subsection (c)(1)--
                            (i) in subparagraph (B)--
                                    (I) in subparagraph (A), by 
                                inserting ``or'' after the semicolon;
                                    (II) in the matter preceding clause 
                                (i), by striking ``as defined in the 
                                State's plan under section 
                                1111(b)(2)(A)(i)'' and inserting ``as 
                                specified in the State's plan under 
                                section 1111(b)(2)''; and
                                    (III) in clause (ii), by striking 
                                ``; or'' and inserting a period; and
                            (ii) by striking subparagraph (C); and
                    (B) in subsection (d)--
                            (i) in paragraph (1)(A), by striking ``as 
                        defined in section 1111(b)(2)(A)(ii)'' and 
                        inserting ``as specified in section 
                        1111(b)(2)'';
                            (ii) in paragraph (2), by striking 
                        ``definition of adequate progress as defined in 
                        section 1111(b)(2)(A)(ii)'' and inserting 
                        ``determination of adequate progress as 
                        specified in section 1111(b)(2)''; and
                            (iii) in paragraph (3)--
                                    (I) by striking ``agency that--'' 
                                and all that follows through ``two 
                                consecutive'' and inserting ``agency 
                                that for two consecutive'';
                                    (II) by striking ``; or'' and 
                                inserting a period; and
                                    (III) by striking clause (ii).
            (3) in section 1117(c)(2)(A), by striking ``definition of 
        adequate progress as defined in section 1111(b)(2)(A)(i)'' and 
        inserting ``determination of adequate progress specified in 
        section 1111(b)(2)''; and
            (4) in section 1118(c)(4)(B), by striking ``1116(a)(3)'' 
        and inserting ``1116(a)(2)(A)''.
    (d) Regulations.--The Secretary shall promulgate regulations, not 
later than 6 months after the date of enactment of the Elementary and 
Secondary Education Amendments of 1999, implementing the amendments 
made by this section.
    (e) Effective Date.--The amendments made by this Act shall take 
effect for the school year 2000-2001.
                                 <all>