[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3085 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3085

 To improve graduation rates by authorizing the Secretary of Education 
 to make grants to improve adolescent literacy, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2003

Mr. Hinojosa (for himself, Mrs. Davis of California, Mr. Grijalva, Ms. 
Lee, Mr. Case, Ms. Jackson-Lee of Texas, Mrs. Napolitano, Mr. Serrano, 
  Mr. Frost, Mr. Etheridge, Mr. Van Hollen, Ms. Solis, Mr. Rodriguez, 
Mrs. Jones of Ohio, Mr. Owens, Ms. Linda T. Sanchez of California, Ms. 
Woolsey, Mr. Becerra, Mr. Acevedo-Vila, and Mr. Cardoza) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
 To improve graduation rates by authorizing the Secretary of Education 
 to make grants to improve adolescent literacy, 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 ``Graduation for All Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Failure to earn a high school diploma has serious 
        economic and social consequences for individuals and the 
        Nation.
            (2) Recent studies show that less than 75 percent of all 
        eighth graders graduate from high school in 5 years, and in 
        urban schools the rate falls below 50 percent.
            (3) 40 percent of students attending high-minority-
        enrollment secondary schools enroll in remedial coursework when 
        entering higher education in an effort to gain the skills their 
        secondary education failed to provide.
            (4) Students who receive concentrated, focused support in 
        literacy graduate from high school and attend college in far 
        greater numbers.
            (5) On the 2002 National Assessment of Educational 
        Progress, one in four students in the eighth grade scored below 
        basic in reading.
            (6) Improving the literacy skills of adolescents is a key 
        factor in improving high school graduation rates.

                 TITLE I--IMPROVING ADOLESCENT LITERACY

SEC. 101. PURPOSES.

    The purposes of this title are--
            (1) to provide assistance to State educational agencies and 
        local educational agencies in establishing effective research-
        based reading programs for students attending secondary schools 
        (including middle schools and high schools, as defined by the 
        local education agency) including economically disadvantaged 
        students, students from major racial and ethnic groups, 
        students with disabilities, students with limited English 
        proficiency, migrant children, and homeless children;
            (2) to provide adequate resources to schools to hire, and 
        to provide in-service training for, at least one literacy coach 
        per 600 students or 20 teachers, whichever requires the greater 
        number of literacy coaches, who can assist all teachers to 
        incorporate research-based reading and writing instruction or 
        English as a second language instruction into their teaching of 
        mathematics, science, history, civics, geography, literature, 
        language arts, and other core academic subjects;
            (3) to provide assistance to State educational agencies and 
        local educational agencies in strengthening reading and writing 
        instruction and providing diagnostic reading assessments and 
        comprehensive research-based programs and instructional 
        materials that will improve overall reading and writing 
        performance among students attending secondary schools; and
            (4) to provide assistance to State educational agencies and 
        local educational agencies to develop and implement individual 
        graduation plans for students who are most at risk of not 
        graduating from high school so that such students graduate with 
        a high school diploma before reaching 21 years of age or the 
        maximum age for high school attendance in accordance with State 
        law.

SEC. 102. PROGRAM AUTHORIZED.

    The Secretary is authorized to establish a program, in accordance 
with the requirements of this title, that will provide funds to State 
educational agencies and local educational agencies to establish 
reading and writing programs to improve overall reading and writing 
performance among students attending secondary schools (including 
middle and high schools, as defined by the local education agency).

SEC. 103. GRANTS TO STATES.

    (a) Allocation to States.--The Secretary shall allocate funds to 
States--
            (1) to establish a reading and writing partnership to 
        increase the literacy skills for all students, including 
        strategies for economically disadvantaged students, students 
        from major racial and ethnic groups, students with 
        disabilities, students with limited English proficiency, 
        migrant children, and homeless children;
            (2) to coordinate applications for subgrants under this 
        title; and
            (3) to oversee and evaluate the State's activities under 
        this title.
    (b) Length of Grant.--Grants made to States under this title shall 
be in effect for a period of 6 years.
    (c) Applications.--In order to receive a grant under this title, a 
State shall submit to the Secretary an application in a form 
established by the Secretary, which satisfies the following conditions:
            (1) The application shall not be consolidated with an 
        application made under the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6301 et seq.).
            (2) The application shall include assurances that the 
        State--
                    (A) has established a reading and writing 
                partnership that--
                            (i) coordinated the application; and
                            (ii) will assist in administering the 
                        program; and
                    (B) will participate, if requested, in the external 
                national evaluation of the program.
            (3) The application shall include a program plan that 
        contains a description of the following:
                    (A) How the State will assist local educational 
                agencies in implementing grants, including providing 
                ongoing professional development for literacy coaches, 
                teachers, paraprofessionals, and administrators.
                    (B) How the State will help local educational 
                agencies identify screening, diagnostic, and classroom-
                based instructional reading and writing assessments.
                    (C) How the State will help local educational 
                agencies identify scientifically based materials and 
                programs.
                    (D) How the State will help local educational 
                agencies identify materials, programs, and assessments 
                for economically disadvantaged students, students from 
                major racial and ethnic groups, students with 
                disabilities, students with limited English 
                proficiency, migrant children, and homeless children.
                    (E) How the State will ensure that professional 
                development is based on scientifically based reading 
                research, will effectively improve instructional 
                practices for reading and writing, and is coordinated 
                with professional development activities funded through 
                other programs.
                    (F) How funded activities will help teachers and 
                other instructional staff to implement scientifically 
                based components of reading instruction.
                    (G) The subgrant process, including how the State 
                will ensure that eligible local educational agencies 
                receiving subgrants will use practices based on 
                scientifically based reading research.
                    (H) How the State will build on, and promote 
                coordination among, reading and writing programs in the 
                State to increase overall effectiveness in reading and 
                writing instruction, including effectiveness among 
                economically disadvantaged students, students from 
                major racial and ethnic groups, students with 
                disabilities, students with limited English 
                proficiency, migrant children, and homeless children.
                    (I) How the State will assist local educational 
                agencies receiving subgrants under this title in 
                providing one-on-one counseling to develop graduation 
                plans for students at risk of not graduating on time.
                    (J) How the State will assess and evaluate the 
                effectiveness of eligible local educational agency 
                activities on a regular basis.
    (d) Use of Funds.--
            (1) Subgrants.--Each State shall allocate 80 percent of the 
        funds the State receives under this title to local educational 
        agencies, utilizing a competitive priority based upon the 
        graduation rate for students attending middle schools and high 
        schools.
            (2) State-level activities.--
                    (A) In general.--Each State educational agency 
                shall use 20 percent of the grant funds the State 
                educational agency receives under this title--
                            (i) to carry out State-level activities 
                        described in subsection (c);
                            (ii) to provide technical support to local 
                        educational agencies and high-quality 
                        professional development to teachers and 
                        literacy coaches;
                            (iii) to provide grants to secondary 
                        schools that have low graduation rates but are 
                        not in a local education agency with low 
                        graduation rates; and
                            (iv) for administrative costs.
                    (B) Limitation.--Not more than 10 percent of the 
                grant funds distributed to a State under this title for 
                any fiscal year may be used for planning, 
                administration, and reporting.
    (e) Notice to Local Education Agencies.--Each State receiving a 
grant under this title shall provide notice to all eligible local 
educational agencies about the availability of subgrants under this 
title.
    (f) Review of Applications.--State applications shall be reviewed 
by the Secretary in the order in which they are received.

SEC. 104. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Eligibility Requirement.--To be eligible to receive a subgrant 
under this title, a local educational agency shall be among the local 
educational agencies in the State with the lowest graduation rates for 
public secondary school students (as defined in section 
1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6311(b)(2)(C)(vi))).
    (b) Applications.--
            (1) In general.--Local educational agencies shall submit 
        applications to the State in the form and according to the 
        schedule established by the State.
            (2) Contents.--In addition to any other information 
        required by the State, applications for subgrants under this 
        title shall demonstrate how the local educational agency will 
        carry out the following required activities:
                    (A) Reading assessments.
                    (B) Reading programs.
                    (C) Reading and writing programs for economically 
                disadvantaged students, students from major racial and 
                ethnic groups, students with disabilities, students 
                with limited English proficiency, migrant children, and 
                homeless children.
                    (D) One-on-one counseling to develop graduation 
                plans for students at risk of not graduating on time.
                    (E) Selection and implementation of instructional 
                materials based on scientifically based reading 
                research.
                    (F) Professional development, including instruction 
                on how to identify and work with economically 
                disadvantaged students, students from major racial and 
                ethnic groups, students with disabilities, students 
                with limited English proficiency, migrant children, and 
                homeless children.
                    (G) Evaluation strategies.
                    (H) Reporting.
                    (I) Providing access to reading material, including 
                reading materials for economically disadvantaged 
                students, students from major racial and ethnic groups, 
                students with disabilities, students with limited 
                English proficiency, migrant children, and homeless 
                children.
            (3) Consortia.--Local educational agencies may apply to the 
        State for a grant as a consortium, if each member of the 
        consortium meets the eligibility requirement described in 
        subsection (a).
    (c) Use of Funds.--A local educational agency receiving a subgrant 
under this title shall use the funds to provide the following services 
at the middle school and high school levels (as defined by the agency):
            (1) Hiring and providing inservice training for literacy 
        coaches who shall--
                    (A) work with classroom teachers to incorporate 
                reading and writing instruction within all subject 
                areas, during regular classroom periods and after 
                school and summer school programs, for all students, 
                including economically disadvantaged students, students 
                from major racial and ethnic groups, students with 
                disabilities, students with limited English 
                proficiency, migrant children, and homeless children;
                    (B) work with classroom teachers to identify 
                students with reading problems and provide remediation 
                or referral for additional services;
                    (C) in partnership with classroom teachers, 
                diagnose and remediate reading difficulties of the 
                lowest performing students (including low-performing 
                economically disadvantaged students, students from 
                major racial and ethnic groups, students with 
                disabilities, students with limited English 
                proficiency, migrant children, and homeless children) 
                by providing intensive, research-based instruction 
                (including before- and after-school and summer 
                sessions) focused on reading and writing skills and 
                geared toward ensuring that such students can perform 
                rigorous academic coursework in high school; and
                    (D) assess and organize student data on literacy 
                and communicate such data to school administrators.
            (2) Providing one-on-one counseling to all students, 
        beginning in grade 9, who are at risk of not graduating on time 
        because of insufficient accumulation of credits, failure to 
        pass State graduation examinations, or low or failing grades, 
        which counseling shall include--
                    (A) developing individual graduation plans for such 
                students so that they are able to graduate from high 
                school with a standard diploma before reaching 21 years 
                of age or the maximum age for high school attendance in 
                accordance with State law;
                    (B) working with students and their parents or 
                caregivers to develop an individual graduation plan 
                that will define each student's career and education 
                goals, ensure enrollment in the coursework necessary 
                for graduation and preparation for postsecondary 
                education and work, and identify the courses and 
                supplemental services necessary to meet those goals;
                    (C) advocating for the student, helping the student 
                to access the services and supports necessary to 
                achieving the goals in the individual graduation plan; 
                and
                    (D) ensuring that limited or non-English speaking 
                parents are able to understand the goals outlined in 
                such plan and to participate in assisting their child 
                in meeting such goals;
            (3) As necessary, hiring personnel to implement the 
        requirements of paragraph (2).
            (4) Reviewing, analyzing, developing, and, where possible, 
        adapting curricula to ensure literacy skills are taught within 
        the content area subjects.
            (5) Providing reading professional development for all 
        teachers in middle and high schools that addresses both 
        remedial and higher level literacy skills for students in the 
        applicable curricula.
            (6) Providing professional development for all teachers, 
        administrators, and paraprofessionals, where appropriate, in 
        middle and high schools that addresses the literacy needs of 
        economically disadvantaged students, students from major racial 
        and ethnic groups, students with disabilities, students with 
        limited English proficiency, migrant children, and homeless 
        children.
            (7) Procuring and implementing instructional materials, 
        including screening, diagnostic, and classroom-based 
        instructional reading and writing assessments, and software and 
        other educational technology.
            (8) Evaluating the effectiveness of the instructional 
        strategies, teacher professional development programs, and 
        other interventions that are implemented under the subgrant.
    (d) Evaluations.--A local educational agency receiving a subgrant 
under this title shall provide to the State administering the subgrant 
interim reports, which may be included as part of a consolidated annual 
report, on the effectiveness of the interventions implemented using the 
subgrant after year 3 and year 6 of the subgrant award period.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS.

    (a) Authorization.--For the purposes of carrying out this title, 
there are authorized to be appropriated $1,000,000,000 for fiscal year 
2004 and such sums as may be necessary for the 5 succeeding fiscal 
years.
    (b) Special Rule.--
            (1) In general.--If the funds appropriated under this 
        section for a fiscal year are less than $500,000,000, then the 
        Secretary shall award grants, on a competitive basis, directly 
        to eligible local educational agencies to establish reading and 
        writing programs to improve overall reading and writing 
        performance among students in middle school and secondary 
        school.
            (2) Eligibility Requirement.--To be eligible to receive a 
        grant under this subsection, a local educational agency shall 
        be among the local educational agencies in the State with the 
        lowest graduation rates for public secondary school students 
        (as defined in section 1111(b)(2)(C)(vi) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi))).
    (c) State Allocations.--
            (1) In general.--Of the funds appropriated under subsection 
        (a), 95 percent shall be allocated to the States submitting 
        applications under this title.
            (2) Minimum.--The minimum State allocation is 0.25 percent 
        of the total amount allocated to States.
            (3) Puerto rico.--For any fiscal year, Puerto Rico shall 
        receive an allocation that represents not more than the 
percentage of the total allocation it received under part A of title I 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
et seq.) for the preceding fiscal year.
            (4) Supplement, not supplant.--States shall not use funds 
        received under this title to supplant funding already being 
        provided by the State for such activities or for other 
        educational activities. Funds may only be used to provide new 
        services authorized under this title.
            (5) Reallocation.--If a State does not apply for funding, 
        the Secretary shall reallocate such State's funds to the 
        remaining States.
    (d) Funds Retained by the Secretary.--Funds retained by the 
Secretary shall be used to fund national activities in support of the 
programs funded under this title, except that the Secretary may not 
make direct grants to local educational agencies except as provided in 
subsection (b).
    (e) Local Educational Agency Subgrants.--
            (1) Minimum.--For any fiscal year, each eligible local 
        educational agency shall receive a minimum subgrant amount 
        equal to at least the percentage of the total allocation it 
        received under part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for 
        the preceding fiscal year.
            (2) Full implementation.--Subgrants to eligible local 
        educational agencies shall be of sufficient size and scope to 
        enable such entities to fully implement programs.
            (3) Supplement, not supplant.--Local educational agencies 
        shall not use funds received under this title to supplant 
        funding already being provided by a local educational agency 
        for such activities or for other educational activities. Funds 
        may only be used to provide new services authorized under this 
        title.

SEC. 106. DEFINITIONS.

    For the purposes of this title:
            (1) Individual graduation plan.--The term ``individual 
        graduation plan'' means a written plan, developed in 
        partnership school personnel, parents, and students, to list 
        the steps necessary for the individual to achieve high school 
        graduation with a standard diploma.
            (2) Literacy coach.--The term ``literacy coach'' means a 
        certified teacher, with a demonstrated effectiveness in 
        teaching reading to students with specialized needs and the 
        ability to work with classroom teachers to improve their 
        instructional techniques to support reading and writing 
        improvement, who works on site at a school to--
                    (A) train teachers from across the curriculum to 
                incorporate the teaching of reading and writing skills 
                into their instruction of content;
                    (B) train teachers to assess students' reading and 
                writing skills and identify students requiring 
                remediation; and
                    (C) provide or assess remedial literacy 
                instruction, including for after school and summer 
                school programs, for students requiring attention, 
                including economically disadvantaged students, students 
                from major racial and ethnic groups, students with 
                disabilities, students with limited English 
                proficiency, migrant children, and homeless children.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (4) State.--The term ``State'' means the 50 States, the 
        Bureau of Indian Affairs, the District of Columbia, Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

                        TITLE II--Accountability

SEC. 201. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

    Section 1111(b)(2)(C) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended--
            (1) in clause (v)--
                    (A) by striking the semicolon at the end of 
                subclause (II) and inserting a period; and
                    (B) by inserting after subclause (II) the 
                following:
                                    ``(III) In the case of secondary 
                                schools, the graduation rates for all 
                                students as described in clause 
                                (vi);''; and
            (2) by amending clause (vi) to read as follows:
                            ``(vi) in accordance with subparagraph (D), 
                        includes graduation rates for public secondary 
                        school students (defined as the percentage of 
                        students who graduate from secondary school 
                        with a regular diploma, as defined by the 
                        State, before reaching 21 years of age or the 
                        maximum age for high school attendance in 
                        accordance with State law), measured separately 
                        for each group described in clause (v).''.

SEC. 202. GRADUATION RATE INFORMATION ON ANNUAL STATE REPORT CARDS.

    Section 1111(h)(1)(C) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended--
            (1) in clause (vii), by striking ``and'' at the end;
            (2) in clause (viii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(ix) for secondary schools, information 
                        in the aggregate on graduate rates described in 
                        section 1111(b)(2)(C)(vi), disaggregated as 
                        described in clause (i).''.

SEC. 203. ADULT EDUCATION AND FAMILY LITERACY ACT ADMINISTRATIVE 
              PROVISIONS.

    Section 241 of the Adult Education and Family Literacy Act (20 
U.S.C. 9251) is amended by adding at the end the following:
    ``(c) Reports.--
            ``(1) Reports to the secretary.--An eligible agency 
        receiving funds under this title shall annually provide the 
        Secretary with a report on the number participants who are 16, 
        17, or 18 years of age in the programs and services provided 
        under section 231, disaggregated by race, ethnicity, gender, 
        limited English proficiency status, disability, and 
        socioeconomic status.
            ``(2) Reports to congress.--Not later than June 30, 2005, 
        and by June 30 annually thereafter, the Secretary shall submit 
        a report to the Congress containing the results of the eligible 
        agency reports required by paragraph (1).''.
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