[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1554 Introduced in Senate (IS)]

  1st Session
                                S. 1554

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 1 (legislative day, July 21), 2003

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

                      TITLE I--READING FOR SUCCESS

SEC. 101. FINDINGS.

    Congress makes the following findings:
            (1) While the No Child Left Behind Act of 2001 provides a 
        strong framework for helping children in the early grades, our 
        Nation still needs a comprehensive strategy to address the 
        literacy problems and learning gaps of students in middle 
        school and secondary school.
            (2) Approximately 60 percent of students in the poorest 
        communities fail to graduate from secondary school on time, in 
        large part because of severe reading deficits that contribute 
        to academic failure.
            (3) Forty percent of those attending high minority 
        enrollment secondary schools enroll in remedial reading 
        coursework when entering higher education, in an effort to gain 
        the skills their secondary education failed to provide.
            (4) While 33 percent of all low-income students are 
        enrolled in secondary schools, only 15 percent of the funding 
        targeted to disadvantaged students goes to secondary schools.
            (5) Data from the National Assessment of Educational 
        Progress for 1998 show that 32 percent of boys and 19 percent 
        of girls in 8th grade cannot read at a basic level. These 
        numbers do not change significantly in the secondary school 
        years and are even more dramatic when students are identified 
        by minority status.
            (6) The 2002 National Assessment of Educational Progress 
        Writing Scores indicate that while the percentage of 4th and 
        8th graders writing at or above a basic level increased between 
        1998 and 2002, the percentage of 12th graders writing at or 
        above a basic level decreased. These numbers show that our 
        concentrated efforts for elementary school students have 
        improved their writing skills, but by neglecting the needs of 
        secondary school students, we are squandering these gains.
            (7) America cannot maintain its position as the world's 
        strongest economy if we continue to ignore the literacy needs 
        of adolescents in middle school and secondary school.

SEC. 102. PURPOSES.

    It is the purpose of this title to--
            (1) provide assistance to State educational agencies and 
        local educational agencies in establishing effective research-
        based reading and writing programs for students in middle 
        schools and secondary schools, including students with 
        disabilities and students with limited English proficiency;
            (2) provide adequate resources to schools to hire and to 
        provide in-service training for not less than 1 literacy coach 
        per 20 teachers who can assist middle school and secondary 
        school teachers to incorporate research-based reading and 
        writing instruction into their teaching of mathematics, 
        science, history, civics, geography, literature, language arts, 
        and other core academic subjects; and
            (3) provide assistance to State educational agencies and 
        local educational agencies--
                    (A) in strengthening reading and writing 
                instruction in middle schools and secondary schools; 
                and
                    (B) in procuring high quality diagnostic reading 
                and writing assessments, and comprehensive research-
                based programs and instructional materials that will 
                improve reading and writing performance among students 
                in middle school and secondary school.

SEC. 103. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``local educational agency'', 
        ``Secretary'', and ``State educational agency'' have the 
        meaning given the terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
            (2) Literacy coach.--The term ``literacy coach'' means a 
        certified teacher, with a demonstrated effectiveness in 
        teaching reading and writing to students with specialized 
        reading and writing needs, and the ability to work with 
        classroom teachers to improve 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--
                            (i) students in after school and summer 
                        school programs;
                            (ii) students requiring additional 
                        instruction; and
                            (iii) students with disabilities and 
                        students with limited English proficiency.
            (3) Middle school.--The term ``middle school'' means a 
        school that provides middle school education, as determined 
        under State law.
            (4) Secondary school.--The term ``secondary school'' means 
        a school that provides secondary education, as determined under 
        State law.
            (5) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 104. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary is authorized to establish a 
program, in accordance with the requirements of this title, that will 
provide grants to State educational agencies and local educational 
agencies to establish reading and writing programs to improve overall 
reading and writing performance among students in middle school and 
secondary school.
    (b) State Responsibilities.--Each State educational agency 
receiving a grant under this title shall--
            (1) award subgrants to local educational agencies in 
        accordance with section 106;
            (2) establish a reading and writing partnership, which may 
        be the same as the partnership established under section 
        1203(d) of the Elementary and Secondary Education Act of 1965, 
        that will provide guidance to local educational agencies in 
        selecting or developing and implementing appropriate, research-
        based reading and writing programs for middle school and 
        secondary school students;
            (3) approve high quality applications for subgrants to 
        local educational agencies; and
            (4) oversee and evaluate subgrant services and activities 
        undertaken by the local educational agencies as described in 
        section 106(c).
    (c) Reservation of Funds by the Secretary.--The Secretary shall 
reserve--
            (1) 3 percent of the funds appropriated under section 107 
        for each fiscal year to fund national activities in support of 
        the programs assisted under this title, such as research and 
        dissemination of best practices, except that the Secretary may 
        not use the reserved funds to award grants directly to local 
        educational agencies; and
            (2) 2 percent of the funds appropriated under section 107 
        for each fiscal year for the Bureau of Indian Affairs to carry 
        out the services and activities described in section 106(c) for 
        Indian children.

SEC. 105. GRANTS.

    (a) Grants Authorized.--
            (1) Formula grants to state educational agencies.--If the 
        funds appropriated under section 107 for a fiscal year are 
        equal to or greater than $500,000,000, then the Secretary shall 
        award grants, from allotments under subsection (b), to State 
        educational agencies to enable the State educational agencies 
        to provide subgrants to eligible local educational agencies to 
        establish reading and writing programs to improve overall 
        reading and writing performance among students in middle school 
        and secondary school.
            (2) Direct grants to local educational agencies.--
                    (A) In general.--If the funds appropriated under 
                section 107 for a fiscal year are less than 
                $500,000,000, then the Secretary shall award grants, on 
                a competitive basis, directly to eligible local 
                educational agencies to establish reading and writing 
                programs to improve overall reading and writing 
                performance among students in middle school and 
                secondary school.
                    (B) Priority.--The Secretary shall give priority in 
                awarding grants under this paragraph to eligible local 
                educational agencies that--
                            (i) are among the local educational 
                        agencies in the State with the lowest 
                        graduation rates as described in section 
                        1111(b)(2)(C)(vi) of the Elementary and 
                        Secondary Education Act of 1965; and
                            (ii) have the highest number or percentage 
                        of students who are counted under section 
                        1124(c) of the Elementary and Secondary 
                        Education Act of 1965.
    (b) Allotments to States.--
            (1) In general.--From funds appropriated under section 107 
        and not reserved under section 104(c) for a fiscal year, the 
        Secretary shall make an allotment to each State educational 
        agency having an application approved under subsection (d) in 
        an amount that bears the same relation to the funds as the 
        amount the State received under part A of title I of the 
        Elementary and Secondary Education Act of 1965 bears to the 
        amount received under such part by all States.
            (2) Minimum allotment.--Notwithstanding paragraph (1), no 
        State educational agency shall receive an allotment under this 
        subsection for a fiscal year in an amount that is less than 
        0.25 percent of the funds allotted to State educational 
        agencies under paragraph (1) for the fiscal year.
    (c) Length of Grant.--A grant to a State educational agency under 
this title shall be awarded for a period of 6 years.
    (d) Applications.--
            (1) In general.--In order to receive a grant under this 
        title, a State educational agency shall submit an application 
        to the Secretary containing such information as the Secretary 
        may require. Each such application shall meet the following 
        conditions:
                    (A) A State educational agency shall not include 
                the application for assistance under this title in a 
                consolidated application submitted under section 9302 
                of the Elementary and Secondary Education Act of 1965.
                    (B) The State educational agency's application 
                shall include an assurance that--
                            (i) the State educational agency has 
                        established a reading and writing partnership 
                        that--
                                    (I) coordinated the development of 
                                the application for funds under this 
                                title; and
                                    (II) will assist in designing and 
                                administering the State educational 
                                agency's program under this title; and
                            (ii) the State educational agency will 
                        participate, if requested, in any evaluation of 
                        the program.
                    (C) The State educational agency's application 
                shall include a program plan that contains a 
                description of the following:
                            (i) How the State educational agency will 
                        assist local educational agencies in 
                        implementing subgrants, including providing 
                        ongoing professional development for literacy 
                        coaches, teachers, paraprofessionals, and 
                        administrators.
                            (ii) How the State educational agency will 
                        help local educational agencies identify high 
                        quality screening, diagnostic, and classroom-
                        based instructional reading and writing 
                        assessments.
                            (iii) How the State educational agency will 
                        help local educational agencies identify high 
                        quality research-based materials and programs.
                            (iv) How the State educational agency will 
                        help local educational agencies identify 
                        appropriate and effective materials, programs, 
                        and assessments for students with disabilities 
and students with limited English proficiency.
                            (v) How the State educational agency will 
                        ensure that professional development funded 
                        under this title is based on reading and 
                        writing research, will effectively improve 
                        instructional practices for reading and writing 
                        for middle school and secondary school 
                        students, and is coordinated with professional 
                        development activities funded through other 
                        programs (including federally funded programs 
                        such as programs funded under the Adult 
                        Education and Family Literacy Act, the 
                        Individuals with Disabilities Education Act, 
                        and the Elementary and Secondary Education Act 
                        of 1965).
                            (vi) How funded activities will help 
                        teachers and other instructional staff to 
                        implement research-based components of reading 
                        and writing instruction.
                            (vii) The subgrant process the State 
                        educational agency will use to ensure that 
                        eligible local educational agencies receiving 
                        subgrants implement programs and practices 
                        based on reading and writing research.
                            (viii) How the State educational agency 
                        will build on and promote coordination among 
                        reading and writing programs in the State to 
                        increase overall effectiveness in improving 
                        reading and writing instruction, including for 
                        students with disabilities and students with 
                        limited English proficiency.
                            (ix) How the State educational agency will 
                        regularly assess and evaluate the effectiveness 
                        of the eligible local educational agency 
                        activities funded under this title.
            (2) Review of applications.--The Secretary shall review 
        applications from State educational agencies under this 
        subsection as the applications are received.
    (e) State Use of Funds.--
            (1) Subgrants.--Each State educational agency shall use 80 
        percent of the grant funds the State educational agency 
        receives under this title to award subgrants to local 
        educational agencies having applications approved under section 
        106(b).
            (2) State level activities.--Each State educational agency 
        shall use 20 percent of the grant funds the State educational 
        agency receives under this title to carry out State level 
        activities described in subsection (d), to provide technical 
        assistance to local educational agencies and high-quality 
        professional development to teachers and literacy coaches, and 
        for administrative costs, of which not more than 10 percent of 
        the grant funds may be used for planning, administration, and 
        reporting.
    (f) Notice to Local Educational Agencies.--Each State educational 
agency receiving a grant under this title shall provide notice to all 
eligible local educational agencies in the State about the availability 
of subgrants under this title.
    (g) Supplement Not Supplant.--Grant funds provided to a State 
educational agency under this section shall be used to supplement not 
supplant funding provided by the State for activities authorized under 
this title or for other educational activities.
    (h) New Services and Activities.--Grant funds provided under this 
title may be used only to provide services and activities authorized 
under this title that were not provided on the day before the date of 
enactment of the Pathways for All Students to Succeed Act.
    (i) Reallotment.--If a State educational agency does not apply for 
funding under this title, the Secretary shall reallot the State 
educational agency's allotment to the remaining States.

SEC. 106. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Eligibility Requirements.--To be eligible to receive a subgrant 
under this title a local educational agency shall be eligible to 
receive funds under part A of title I of the Elementary and Secondary 
Education Act of 1965.
    (b) Applications.--
            (1) In general.--Each local educational agency desiring a 
        subgrant under this title shall submit an application to the 
        State educational agency in the form and according to the 
        schedule established by the State educational agency.
            (2) Contents.--In addition to any information required by 
        the State educational agency, each such application shall 
        demonstrate how the local educational agency will carry out the 
        following required activities:
                    (A) Development or selection and implementation of 
                research-based reading and writing assessments.
                    (B) Development or selection and implementation of 
                research-based reading and writing programs, including 
                programs for students with disabilities and students 
                with limited English proficiency.
                    (C) Selection of instructional materials based on 
                reading and writing research.
                    (D) High quality professional development for 
                literacy coaches and teachers based on reading and 
                writing research.
                    (E) Evaluation strategies.
                    (F) Reporting.
                    (G) Providing access to research-based reading and 
                writing materials.
            (3) Consortia.--A local educational agency may apply to the 
        State educational agency for a subgrant as a member of a 
        consortium of eligible local educational agencies, if each 
        member of the consortium meets the eligibility requirements in 
        subsection (a).
    (c) Local use of Funds.--Each local educational agency receiving a 
subgrant under this title shall use the subgrant funds to provide, at 
the middle school and secondary school level, the following services 
and activities:
            (1) Hiring literacy coaches, at a ratio of not less than 1 
        literacy coach for every 20 teachers, and provide professional 
        development for literacy coaches--
                    (A) to work with classroom teachers to incorporate 
                reading and writing instruction within all subject 
                areas, during regular classroom periods, after school, 
                and during summer school programs, for all students;
                    (B) to work with classroom teachers to identify 
                students with reading and writing problems and, where 
                appropriate, refer students to available programs for 
                remediation and additional services;
                    (C) to work with classroom teachers to diagnose and 
                remediate reading and writing difficulties of the 
                lowest performing students, by providing intensive, 
                research-based instruction, including during after 
                school and summer sessions, geared toward ensuring that 
                these students can access and be successful in rigorous 
                academic course work; and
                    (D) to assess and organize student data on literacy 
                and communicate that data to school administrators to 
                inform school reform efforts.
            (2) Reviewing, analyzing, developing, and, where possible, 
        adapting curriculum to make sure literacy skills are taught 
        within the content area subjects.
            (3) Providing reading and writing professional development 
        for all teachers in middle school and secondary school that 
        addresses both remedial and higher level literacy skills for 
        students in the applicable curriculum.
            (4) Providing professional development for teachers, 
        administrators, and paraprofessionals, serving middle schools 
        and secondary schools to help the teachers, administrators, and 
        paraprofessionals meet literacy needs.
            (5) Procuring and implementing programs and instructional 
        materials based on reading and writing research, including 
        software and other education technology related to reading and 
        writing instruction.
            (6) Building on and promoting coordination among reading 
        and writing programs in the local educational agency to 
        increase overall effectiveness in improving reading and writing 
        instruction, including for students with disabilities and 
        students with limited English proficiency.
            (7) Evaluating the effectiveness of the instructional 
        strategies, teacher professional development programs, and 
        other interventions that are implemented under the subgrant.
    (f) Minimum Subgrant Amount.--Each eligible local educational 
agency receiving a subgrant under this title for a fiscal year shall 
receive a minimum subgrant amount that bears the same relation to the 
amount of funds made available to the State educational agency under 
section 105(e)(1) as the amount the local educational agency received 
under part A of title I of the Elementary and Secondary Education Act 
of 1965 for the preceding fiscal year bears to the amount received by 
all local educational agencies under such part for the preceding fiscal 
year.
    (g) Sufficient Size and Scope.--Subgrants under this section shall 
be of sufficient size and scope to enable local educational agencies to 
fully implement activities assisted under this title.
    (h) Supplement Not Supplant.--Each local educational agency 
receiving a subgrant under this section shall use the subgrant funds to 
supplement not supplant local educational agency funding for activities 
authorized under this title or for other educational activities.
    (i) New Services and Activities.--Subgrant funds provided under 
this title may be used only to provide services and activities 
authorized under this title that were not provided on the day before 
the date of enactment of the Pathways for All Students to Succeed Act.
    (j) Evaluations.--Each local educational agency receiving a grant 
under this title shall participate, as requested by the State 
educational agency or the Secretary, in reviews and evaluations of 
their programs and the effectiveness of their programs, and shall 
provide such reports as are requested by the State educational agency 
and the Secretary.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    For the purposes of carrying out this title, there are authorized 
to be appropriated $1,000,000,000 for fiscal year 2005 and such sums as 
may be necessary for each of the 5 succeeding fiscal years.

                     TITLE II--PATHWAYS TO SUCCESS

SEC. 201. FINDINGS.

    Congress makes the following findings:
            (1) In 2003, approximately 60 percent of students in the 
        poorest communities failed to graduate from secondary school on 
        time.
            (2) All ninth grade students should have a plan that 
        assesses their instructional needs and outlines the coursework 
        they must complete to graduate on time, properly prepared for 
        college and careers.
            (3) Research shows that 1 of the most important factors 
        behind student success in secondary school is a close 
        connection with at least 1 adult who demonstrates concern for 
        the student's advancement.
            (4) Secondary school counselors can help students receive 
        the instructional, tutorial, and social supports that 
        contribute to academic success.
            (5) Model programs around the Nation have demonstrated that 
        effective academic and support plans for students, developed by 
        counselors serving as academic coaches, in cooperation with 
        students and parents, result in a higher percentage of students 
        graduating from secondary school well prepared for college 
        study.

SEC. 202. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``local educational agency'', 
        ``poverty line'', ``secondary school'', ``Secretary'', and 
        ``State educational agency'' have the meaning given the terms 
        in section 9101 of the Elementary and Secondary Education Act 
        of 1965.
            (2) Academic counselor.--The term ``academic counselor'' 
        means a highly qualified professional who has received 
        professional development appropriate to perform the functions 
        listed in section 205(d).
            (3) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 203. PROGRAM AUTHORIZED.

    The Secretary is authorized to establish a program, in accordance 
with the requirements of this title, that--
            (1) enables a secondary school that receives assistance 
        under title I of the Elementary and Secondary Act of 1965, to 
        hire a sufficient number of academic counselors, in a ratio of 
        not less than 1 counselor to 150 students, to develop personal 
        plans for each student at the school, including students with 
        limited English proficiency;
            (2) involves parents in the development and implementation 
        of the personal plans; and
            (3) provides academic counselors and staff at the schools 
        receiving grants under this title the opportunity to coordinate 
        with other programs and services, including those supported by 
        Federal funds, to ensure that students have access to the 
        resources and services necessary to fulfill their personal 
        plans.

SEC. 204. GRANTS TO STATES.

    (a) Grants Authorized.--From amounts made available under section 
206 and not reserved under subsection (i), the Secretary shall award 
grants, from allotments under subsection (b), to State educational 
agencies to enable the State educational agencies to provide subgrants 
to eligible local educational agencies to implement programs in 
secondary schools in accordance with this title.
    (b) Allotments to States.--
            (1) In general.--From funds appropriated under section 206 
        and not reserved under subsection (i) for a fiscal year, the 
        Secretary shall make an allotment to each State educational 
        agency having an application approved under subsection (d) in 
        an amount that bears the same relation to the funds as the 
        amount the State received under part A of title I of the 
        Elementary and Secondary Education Act of 1965 bears to the 
        amount received under such part by all States.
            (2) Minimum allotment.--Notwithstanding paragraph (1), no 
        State educational agency shall receive an allotment under this 
        subsection for a fiscal year in an amount that is less than 
        0.25 percent of the amount allotted to the State educational 
        agencies under subsection (e)(1) for the fiscal year.
            (3) Ratable reductions.--If the amount appropriated to 
        carry out this title for any fiscal year is less than 
        $2,000,000,000, then the Secretary shall ratably reduce the 
        allotment made to each State educational agency under this 
        subsection in proportion to the relative number of children who 
        are counted under section 1124(c) of the Elementary and 
        Secondary Education Act of 1965 in the State compared to such 
        number for all States.
    (c) Length of Grants.--A grant to a State educational agency under 
this title shall be awarded for a period of 6 years.
    (d) Applications.--In order to receive a grant under this title, a 
State educational agency shall submit an application to the Secretary 
in the form and according to the schedule established by the Secretary 
by regulation.
    (e) State Use of Funds.--Each State educational agency receiving a 
grant under this section shall use--
            (1) 80 percent of the grant funds to award subgrants to 
        eligible local educational agencies under section 205; and
            (2) 20 percent of the grant funds to provide professional 
        development to academic counselors and technical assistance to 
        local educational agencies, and to pay for administrative 
        costs, of which not more than 10 percent of such 20 percent may 
        be used for planning, administration, and reporting.
    (f) Supplement Not Supplant.--Grant funds provided to State 
educational agencies under this section shall be used to supplement not 
supplant funding provided by the State for activities authorized under 
this title or for other educational activities.
    (g) New Services and Activities.--Grant funds provided under this 
title may be used only to provide services and activities authorized 
under this title that were not provided on the day before the date of 
enactment of the Pathways for All Students to Succeed Act.
    (h) Reallotment.--If a State educational agency does not apply for 
funding under this title, the Secretary shall reallot the State 
educational agency's allotment to the remaining eligible State 
educational agencies.
    (i) Reservations.--Of the funds appropriated under section 206 for 
each fiscal year, the Secretary shall reserve--
            (1) 2 percent for the Bureau of Indian Affairs to carry out 
        the authorized activities described in section 205(d); and
            (2) 3 percent for national activities that support the 
        programs assisted under this title, except that the Secretary 
        shall not use such reserved funds to award grants directly to 
        local educational agencies.

SEC. 205. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Subgrants Authorized.--From amounts made available under 
section 204(e)(1) a State educational agency shall award subgrants to 
eligible local educational agencies having applications approved under 
subsection (c) to enable the eligible local educational agencies to 
carry out the authorized activities described in subsection (d).
    (b) Eligibility Requirements.--To be eligible to receive a subgrant 
under this title, a local educational agency shall have jurisdiction 
over at least 1 secondary school receiving assistance under part A of 
title I of the Elementary and Secondary Education Act of 1965.
    (c) Applications.--
            (1) In general.--Each local educational agency desiring a 
        subgrant under this title shall submit an application to the 
        State educational agency in the form and according to the 
        schedule established by the State educational agency. Each such 
        application shall describe how the eligible local educational 
        agency will--
                    (A) hire a sufficient number of highly qualified 
                academic counselors to develop personal plans for all 
                students in such students' first year of secondary 
                school with a ratio of 1 academic counselor to not more 
                than 150 students in the secondary school served under 
                the subgrant;
                    (B) provide adequate resources to each such school 
                to offer the supplemental and other support services 
                that the implementation of students' personal plans 
                require, which supplemental services shall be provided, 
                where possible, through coordination with Federal TRIO 
                programs under chapter 1 of subpart 2 of part A of 
                title IV of the Higher Education Act of 1965, Gear Up 
                programs chapter 2 of such subpart, programs under 
                title I of the Elementary and Secondary Education Act 
                of 1965, 21st Century Community Learning Centers under 
part B of title IV of the Elementary and Secondary Education Act of 
1965, programs under the Individuals with Disabilities Education Act 
(in accordance with students' individualized education programs), and 
programs under the Carl D. Perkins Vocational and Technical Education 
Act of 1998;
                    (C) include parents in the development and 
                implementation of students' personal plans; and
                    (D) provide staff at these schools with 
                opportunities for appropriate professional development 
                and coordination to help the staff support students in 
                implementing their personal plans.
            (2) Consortia.--A local educational agency may apply to the 
        State educational agency for a subgrant as a consortium, if 
        each local educational agency that is a member of the 
        consortium meets the eligibility requirements described in 
        subsection (b).
    (d) Authorized Activities.--Each local educational agency receiving 
a subgrant under this title shall use the subgrant funds to provide the 
following services:
            (1) Hiring academic counselors (at a ratio of not less than 
        1 counselor per 150 students) to develop the 6-year personal 
        plans for all students in such students' first year of 
        secondary school and coordinate the services required to 
        implement such personal plans. Such academic counselors shall--
                    (A) work with students and their families to 
                develop an individual plan that will define such 
                students' career and education goals, assure enrollment 
                in the coursework necessary for on-time graduation and 
                preparation for career development or postsecondary 
                education, and identify the courses and supplemental 
                services necessary to meet those goals;
                    (B) advocate for students, helping the students to 
                access the services and supports necessary to achieve 
                the goals laid out in the personal plan for a student;
                    (C) assure student access to services, both 
                academic and nonacademic, needed to lower barriers to 
                succeed as needed;
                    (D) assess student progress on a regular basis;
                    (E) work with school and local educational agency 
                administrators to promote reforms based on student 
                needs and performance data;
                    (F) involve parents or caregivers, including those 
                who are limited English proficient, and teachers, in 
                the development of students' personal plans to ensure 
                the support and assistance of the parents, caregivers, 
                and teachers in meeting the goals outlined in such 
                personal plans; and
                    (G) communicate to students and their families the 
                importance of implementing the 2 years of the personal 
                plan following secondary school graduation, and work 
                with institutions of higher education to help students 
                transition successfully and fully implement their 
                personal plans.
            (2) Determining the academic needs of all entering ninth 
        grade students and identifying barriers to success.
            (3) Ensuring availability of the services necessary for the 
        implementation of students' personal plans, including access to 
        a college preparatory curriculum and advanced placement or 
        international baccalaureate courses.
            (4) Where appropriate, modifying the curriculum at a 
        secondary school receiving funds under this title to address 
        the instructional requirements of students' personal plans.
            (5) Providing for the ongoing assessment of students for 
        whom personal plans have been developed and modifying such 
        personal plans as necessary.
            (6) Coordinating the services offered with subgrant funds 
        received under this title with other Federal, State, and local 
        funds, including programs authorized under title I of the 
        Elementary and Secondary Education Act of 1965, sections 402A 
        and 404A of the Higher Education Act of 1965, the Individuals 
        with Disabilities Education Act (in accordance with students' 
        individualized education programs), and the Carl D. Perkins 
        Vocational and Technical Education Act of 1998.
    (e) Local Educational Agency Priority.--In awarding subgrants to 
local educational agencies a State educational agency shall give 
priority to local educational agencies with--
            (1) the largest number or percentage of students in grades 
        6 through 12 reading below grade level; or
            (2) the lowest graduation rates as described in section 
        1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act 
        of 1965.
    (f) School Priority.--In awarding subgrant funds to secondary 
schools a local educational agency shall give priority to secondary 
schools that--
            (1) have the highest percentages or numbers of students in 
        grades 6 through 12 reading below grade level;
            (2) have the highest percentages or numbers of children 
        living below the poverty line according to census figures; or
            (3) have the lowest graduation rates as described in 
        section 1111(b)(2)(C)(vi) of the Elementary and Secondary 
        Education Act of 1965.
    (g) Minimum Subgrant Amount.--Each eligible local educational 
agency receiving a subgrant under this title for a fiscal year shall 
receive a minimum subgrant amount that bears the same relation to the 
amount of funds made available to the State educational agency under 
section 204(e)(1) as the amount the local educational agency received 
under part A of title I of the Elementary and Secondary Education Act 
of 1965 for the preceding fiscal year bears to the amount received by 
all local educational agencies in the State under such part for the 
preceding fiscal year.
    (h) Sufficient Size and Scope.--Subgrants under this section shall 
be of sufficient size and scope to enable local educational agencies to 
fully implement activities assisted under this title.
    (i) Supplement Not Supplant.--Each local educational agency 
receiving a subgrant under this section shall use the subgrant funds to 
supplement not supplant funding for activities authorized under this 
title or for other educational activities.
    (j) New Services and Activities.--Subgrant funds provided under 
this title may be used only to provide services and activities 
authorized under this title that were not provided on the day before 
the date of enactment of the Pathways for All Students to Succeed Act.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    For the purposes of carrying out this title, there are authorized 
to be appropriated $2,000,000,000 for fiscal year 2005 and such sums as 
may be necessary for each of the 5 succeeding fiscal years.

           TITLE III--FOSTERING SUCCESSFUL SECONDARY SCHOOLS

SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) Personalization of the school environment has been 
        proven to be an essential factor in helping low-performing 
        secondary school students succeed.
            (2) Effective schools provide ongoing, high-quality 
        professional development for teachers and administrators to 
        improve instruction.
            (3) Student success is dependent upon alignment of 
        curriculum, instruction, and assessment.
            (4) Successful schools adapt instruction to the unique 
        interests and talents of each student.
            (5) Successful schools have high expectations for all 
        students and offer a rigorous curriculum for the entire student 
        body.
            (6) Ongoing assessment is the best way to measure how each 
        student is learning and responding to the teacher's 
        instructional methods.
            (7) Effective secondary schools have access to, and 
        utilize, data related to student performance prior to, and 
        following, secondary school enrollment.
            (8) Despite significant increases to the program, only 
        about 7 percent of title I of the Elementary and Secondary 
        Education Act of 1965 funding goes to secondary schools.
            (9) Each school day, approximately 3,000 secondary school 
        students drop out of school.
            (10) The Nation's secondary school graduation rate hovers 
        at 69 percent but in urban areas that figure is even lower.
            (11) Even secondary school graduates going on to college 
        are struggling with basic literacy skills, with 40 percent of 
        all 4-year college students taking a remedial course and 63 
        percent of all community college students assigned to at least 
        1 remedial course.

SEC. 302. PURPOSES.

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

SEC. 303. DEFINITIONS.

    In this title:
            (1) In general.--The terms ``institution of higher 
        education'', ``local educational agency'', ``secondary 
        school'', ``Secretary'', and ``State educational agency'' have 
        the meanings given the terms in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        that has jurisdiction over at least 1 eligible secondary 
        school.
            (3) Eligible partnership.--The term ``eligible 
        partnership'' means--
                    (A) an eligible local educational agency in 
                partnership with a regional educational laboratory, an 
                institution of higher education, or another nonprofit 
                institution with significant experience in implementing 
                and evaluating education reforms; or
                    (B) a consortium of eligible secondary schools or 
                eligible local educational agencies, each of which is 
                an eligible entity described in subparagraph (A).
            (4) Eligible secondary school.--The term ``eligible 
        secondary school'' means a secondary school identified for 
        school improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 as of the day preceding that 
        date of enactment of the Pathways for All Students to Succeed 
        Act.
            (5) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.

SEC. 304. PROGRAM AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.

    (a) Program Authorized.--The Secretary is authorized to award 
grants to State educational agencies, from allotments under section 
305(b), to enable the State educational agencies to award subgrants to 
eligible local educational agencies, from allocations under section 
305(c)(2), to promote secondary school improvement and student 
achievement.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title $500,000,000 for fiscal year 2005 
and such sums as may be necessary for each of the 5 succeeding fiscal 
years.

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

    (a) Reservations.--From funds appropriated under section 304(b) for 
a fiscal year the Secretary shall reserve--
            (1) 2 percent for schools funded or supported by the Bureau 
        of Indian Affairs to carry out the purposes of this title for 
        Indian children;
            (2) 3 percent to carry out national activities in support 
        of the purposes of this title; and
            (3) 95 percent for allotment to the States in accordance 
        with subsection (b).
    (b) Allotment to States.--
            (1) In general.--From funds reserved under subsection 
        (a)(3) for a fiscal year, the Secretary shall make an allotment 
        to each State educational agency in an amount that bears the 
        same relationship to the funds as the number of schools in that 
        State that have been identified for school improvement under 
        section 1116(b) of the Elementary and Secondary Education Act 
        of 1965 bears to the number of schools in all States that have 
        been identified for school improvement under such section 
        1116(b).
            (2) Reallotment.--The portion of any State educational 
        agency's allotment that is not used by the State educational 
        agency shall be reallotted among the remaining State 
        educational agencies on the same basis as the original 
        allotments were made under paragraph (1).
    (c) Allocations to Eligible Local Educational Agencies.--
            (1) Reservations.--Each State educational agency receiving 
        a grant under this title shall reserve--
                    (A) not more than 10 percent of the grant funds--
                            (i) for State level activities to provide 
                        high quality professional development and 
                        technical assistance to local educational 
                        agencies receiving funds under this title and 
                        to other local educational agencies as 
                        appropriate, including the dissemination and 
                        implementation of research-based programs, 
                        practices, and models for secondary school 
                        improvement; and
                            (ii) to contract for the evaluation of all 
                        programs and activities in the State that are 
                        assisted under this title; and
                    (B) not less than 90 percent of the grant funds to 
                award subgrants to eligible local educational agencies 
                to enable the eligible local educational agencies to 
                carry out the activities described in section 306.
            (2) Local allocation.--From funds reserved under paragraph 
        (1)(B), the State educational agency shall allocate to each 
        eligible local educational agency in the State an amount that 
        bears the same relation to such funds as the number of 
        secondary schools that have been identified for school 
        improvement under section 1116(b) of the Elementary and 
        Secondary Education Act of 1965 that are served by the eligible 
        local educational agency, bears to the number of such schools 
        served by all eligible local educational agencies in the State.

SEC. 306. LOCAL USES OF FUNDS.

    Each eligible local educational agency receiving a subgrant under 
this title shall use the subgrant funds for activities to improve 
secondary schools that have been identified for school improvement 
under section 1116(b) of the Elementary and Secondary Education Act of 
1965, such as--
            (1) developing and implementing research-based programs or 
        models that have been shown to raise achievement among 
        secondary school students, including smaller learning 
        communities, adolescent literacy programs, block scheduling, 
        whole school reforms, individualized learning plans, 
        personalized learning environments, and strategies to target 
        students making the transition from middle school to secondary 
        school;
            (2) promoting community investment in school quality by 
        engaging parents, businesses, and community-based organizations 
        in the development of reform plans for eligible secondary 
        schools;
            (3) researching, developing, and implementing a school 
        district strategy to create smaller learning communities for 
        secondary school students, both by creating smaller learning 
        communities within existing secondary schools, and by 
        developing new, smaller, and more personalized secondary 
        schools;
            (4) providing professional development for school staff in 
        research-based practices, such as interactive instructional 
        strategies and opportunities to connect learning with 
        experience; and
            (5) providing professional development and leadership 
        training for principals and other school leaders in the best 
        practices of instructional leadership and implementing school 
        reforms to raise student achievement.

SEC. 307. APPLICATIONS.

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

 SEC. 308. EVALUATIONS.

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