[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3864 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3864

 To amend part A of title I of the Elementary and Secondary Education 
Act of 1965 to improve supplemental educational services, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 7 (legislative day, September 6), 2006

  Mr. Martinez (for himself and Mr. Cornyn) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
Act of 1965 to improve supplemental educational services, 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 ``Raising Achievement through 
Improving Supplemental Education Act of 2006'' or the ``RAISE Act''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 3. SUPPLEMENTAL EDUCATIONAL SERVICES AFTER THE FIRST YEAR OF 
              IDENTIFICATION FOR SCHOOL IMPROVEMENT.

    Section 1116 (20 U.S.C. 6316) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by adding at the end the 
                following:
                    ``(G) Supplemental educational services.--In the 
                case of a school identified for school improvement 
                under this paragraph, the local educational agency 
                shall make supplemental educational services available 
                consistent with subsection (e)(1).''; and
                    (B) in paragraph (5)(B), by inserting ``continue 
                to'' after ``shall''; and
            (2) in subsection (e)(1), by inserting ``(1),'' after ``in 
        paragraph''.

SEC. 4. PRIORITIZING FUNDS.

    Section 1116(b)(10)(C) (20 U.S.C. 6316(b)(10)(C)) is amended--
            (1) by striking ``funds.--If'' and inserting ``funds.--
                            ``(i) Priority.--Subject to clause (ii), 
                        if'';
            (2) by striking ``local educational agency shall give 
        priority'' and all that follows through the period at the end 
        and inserting ``local educational agency shall give priority--
                                    ``(I) first, to eligible children 
                                who are low-income and low-performing, 
                                as described in clauses (i) and (ii) of 
                                subsection (e)(13)(A);
                                    ``(II) second, to low-performing 
                                eligible children; and
                                    ``(III) third, to low-income 
                                eligible children.''; and
            (3) by adding at the end the following:
                            ``(ii) Documentation.--A local educational 
                        agency may only prioritize in accordance with 
                        clause (i) after the local educational agency 
                        makes available to the State educational agency 
                        documentation providing clear and convincing 
                        evidence that the funds available to provide 
                        supplemental educational services under 
                        subsection (e) are insufficient to meet the 
                        actual demand by parents of eligible children 
                        for the services, as demonstrated by satisfying 
                        the requirements of paragraph (2).''.

SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.

    Section 1116(e)(2) (20 U.S.C. 6316(e)(2)) is amended--
            (1) in subparagraph (A), by striking ``at a minimum, 
        annual'' and inserting ``at a minimum, at the times specified 
        under subparagraph (B)(i),'';
            (2) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (E), (F), and (H), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) establish a streamlined opportunity for 
                eligible children to acquire supplemental educational 
                services under this subsection, which shall include--
                            ``(i) notifying eligible children served by 
                        the local educational agency and their parents 
                        of the child's eligibility for supplemental 
                        educational services--
                                    ``(I) not later than 30 days after 
                                the local educational agency obtains 
                                data from the State educational agency 
                                indicating that the school serving the 
                                child is identified for school 
                                improvement under section 1116(b)(1);
                                    ``(II) not later than 30 days after 
                                the first day of classes at the school 
                                for a school year; and
                                    ``(III) not later than 30 days 
                                before requesting the reallocation of 
                                unused funds reserved for supplemental 
                                educational services under subsection 
                                (b)(10)(A);
                            ``(ii) holding not less than 2 
                        opportunities for parents of eligible children 
                        to register and select a provider 
                        simultaneously through the one-step process 
                        described in subparagraph (C); and
                            ``(iii) using, as the application for 
                        supplemental educational services under this 
                        section, the State application developed under 
                        paragraph (4)(F);
                    ``(C) create a streamlined, one-step parent 
                registration and provider selection process that--
                            ``(i) does not place an undue burden on 
                        parents that may result in the decreased 
                        participation of eligible children in 
                        supplemental educational services under this 
                        subsection;
                            ``(ii) provides notice to the parents of 
                        the process for receiving supplemental 
                        educational services under this subsection;
                            ``(iii) obtains the parent's permission to 
                        release assessment data regarding the eligible 
                        child to the provider selected by the parent;
                            ``(iv) is as simple as possible and is in 
                        the parent's native language, where possible; 
                        and
                            ``(v) provides each provider with the names 
                        and contact information of the eligible 
                        children whose parents have selected the 
                        provider for such services in a timely manner;
                    ``(D) make every effort, in carrying out the duties 
                of the local educational agency under this paragraph--
                            ``(i) to increase the participation of 
                        eligible children in supplemental educational 
                        services under this subsection; and
                            ``(ii) to fully utilize the funds available 
                        under subsection (b)(10)(A)(ii) for providing 
                        such services to eligible children;'';
            (4) in subparagraph (F) (as redesignated by paragraph (2)), 
        by striking ``; and'' and inserting ``, based on the priorities 
        described in subsection (b)(10)(C)(i);''; and
            (5) by inserting after subparagraph (F) (as redesignated by 
        paragraph (2)) the following:
                    ``(G) provide approved providers with access to 
                school facilities on the same basis as other after-
                school and extra-curricular programs (including 
                programs operated or overseen by the local educational 
                agency) seeking access to the school facility; and''.

SEC. 6. PROVIDER AND LEA AGREEMENT.

    Section 1116(e)(3) (20 U.S.C. 6316(e)(3)) is amended--
            (1) by redesignating subparagraphs (A) through (E) as 
        subparagraphs (B) through (F), respectively;
            (2) in the matter preceding subparagraph (B) (as 
        redesignated by paragraph (1)), by striking ``In the case'' and 
        all that follows through ``Such agreement shall--'' and 
        inserting ``In the case of an approved provider selected by a 
        parent, the local educational agency shall enter into a written 
        agreement with such provider, not later than 45 days after the 
        first day of the school year or 45 days after the selection by 
        the parent, whichever occurs later. Such agreement shall--
                    ``(A) require that the provider be available to 
                begin providing supplemental educational services under 
                this subsection not later than 20 days after both 
                parties receive the names and contact information 
                described in paragraph (2)(C)(v);''; and
            (3) in subparagraph (B) (as redesignated by paragraph 
        (1))--
                    (A) by striking ``local educational agency'' and 
                inserting ``provider''; and
                    (B) by striking ``the provider chosen by the 
                parents'' and inserting ``the local educational 
                agency''.

SEC. 7. STATE EDUCATIONAL AGENCY RESPONSIBILITIES.

    Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
            (1) in subparagraph (E)--
                    (A) by striking the period and inserting a 
                semicolon; and
                    (B) by redesignating subparagraph (E) as 
                subparagraph (F);
            (2) in subparagraph (D)--
                    (A) by striking ``and'' after the semicolon; and
                    (B) by redesignating subparagraph (D) as 
                subparagraph (G) and moving the subparagraph so that 
                the subparagraph follows subparagraph (F) (as 
                redesignated by paragraph (1)(B));
            (3) by inserting after subparagraph (C) the following:
                    ``(D) notify each local educational agency within 
                the State that is required to provide supplemental 
                educational services under this subsection for a school 
                year not later than the June 1st preceding the 
                commencement of the school year, or if the June 1st 
                deadline is not possible, with as much advance notice 
                before the first day of the school year as possible;
                    ``(E) include on the State educational agency's 
                Internet website a standard, downloadable application 
                form for local educational agencies and parents to 
                utilize in applying for and providing supplemental 
                educational services under this subsection;''; and
            (4) by adding at the end the following:
                    ``(H) provide a valid and reliable evaluation of 
                providers that--
                            ``(i) is consistent with relevant, 
                        nationally-recognized professional and 
                        technical standards;
                            ``(ii) records the gains of individual 
                        students by showing improvement attributable 
                        per hour of supplemental educational services 
                        instruction under this subsection (especially 
                        for students whose academic achievement level 
                        is several grades below grade level);
                            ``(iii) isolates the effects of 
                        supplemental educational services under this 
                        subsection from other possible variables that 
                        might affect a student's academic achievement;
                            ``(iv) coordinates the collection of 
                        qualitative data on parental satisfaction with 
                        the supplemental educational services of the 
                        provider under this subsection, and the reasons 
                        for such level of satisfaction; and
                            ``(v) may exclude from the evaluation those 
                        students who attend less than 80 percent of the 
                        total hours of supplemental educational 
                        services scheduled for the student;
                    ``(I) establish safeguards against potential 
                conflicts of interest when a local educational agency 
                applies to be, or becomes, a provider of supplemental 
                educational services under this subsection, and provide 
                monitoring and evaluation of the local educational 
                agency's performance as a provider; and
                    ``(J) prohibit local educational agencies from 
                reprogramming any portion of the supplemental 
                educational services funds described in subsection 
                (b)(10)(A)(ii) for a fiscal year for other purposes, 
                unless the local educational agency provides to the 
                State educational agency clear and convincing evidence, 
                as determined by the State educational agency, that--
                            ``(i) the parents of all eligible children 
                        in schools served by the local educational 
                        agency have been notified in good faith of the 
                        availability of supplemental educational 
                        services under this subsection;
                            ``(ii) the local educational agency is 
                        meeting all actual demand from parents for 
                        supplemental educational services under this 
                        subsection, as determined by whether the local 
                        educational agency has opened enrollment for 
                        supplemental educational services under this 
                        section, on a monthly basis, after the initial 
                        enrollment, to parents of all eligible children 
                        without restriction until all funds available 
                        to provide supplemental educational services 
                        under subsection (b)(10)(A)(ii) are expended; 
                        and
                            ``(iii) the local educational agency is 
                        able to meet any likely future demand for 
                        supplemental educational services for the 
                        school year for which the determination is 
                        made.''.

SEC. 8. CRITERIA FOR PROVIDERS.

    Section 1116(e)(5) (20 U.S.C. 6316(e)(5)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (E) and (F), respectively; and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Offer no incentives for the purpose of 
                enticing eligible children or their parents to select 
                the provider for supplemental educational services 
                under this subsection.
                    ``(D) Offer an incentive to an eligible child only 
                if--
                            ``(i) the purpose of the incentive is to 
                        encourage the eligible child's performance or 
                        attendance; and
                            ``(ii) the value of the incentive is not 
                        more than 5 percent of the per-pupil amount for 
                        supplemental educational services described in 
                        paragraph (6)(A), as calculated for the local 
                        educational agency serving the student.''.

SEC. 9. SPECIAL RULE FOR INEFFECTIVE LEA'S.

    Section 1116(e)(11) (20 U.S.C. 6316(e)(11)) is amended--
            (1) by striking ``rule.--If'' and inserting ``rules.--
                    ``(A) State educational agency role.--If''; and
            (2) by adding at the end the following:
                    ``(B) Local educational agency role.--
                            ``(i) In general.--If a State educational 
                        agency determines that the local educational 
                        agency is not able, or is too unreliable, to 
                        carry out the local educational agency's 
                        responsibilities under paragraph (2), or if 
                        there is a conflict of interest due to the 
                        local educational agency becoming a provider, 
                        the State educational agency may, from amounts 
                        described in clause (ii), enter into a contract 
                        or cooperative agreement with a nonprofit 
                        organization to enable the nonprofit 
                        organization to carry out such responsibilities 
                        with respect to the eligible children served by 
                        the local educational agency.
                            ``(ii) Reallocation of funds.--
                                    ``(I) In general.--In order to 
                                carry out clause (i) with respect to a 
                                local educational agency, the State 
                                educational agency shall reserve and 
                                utilize, from the funds allocated to 
                                the local educational agency under 
                                subpart 2, an amount equal to fifteen 
                                percent of such funds.
                                    ``(II) Administrative costs.--A 
                                total of not more than 5 percent of the 
                                reserved amount described in subclause 
                                (I) may be used for the administrative 
                                costs of the State educational agency 
                                and the nonprofit organization.
                                    ``(III) Interaction with reserved 
                                funds.--In calculating the amount spent 
                                by a local educational agency for the 
                                purposes of subsection (b)(10), the 
                                amounts spent on behalf of a local 
                                educational agency under this 
                                subparagraph shall be included.''.

SEC. 10. DEFINITION OF ELIGIBLE CHILD.

    Section 1116(e)(12)(A) (20 U.S.C. 6316(e)(12)(A)) is amended to 
read as follows:
                    ``(A) the term `eligible child' means a child--
                            ``(i) from a low-income family, as 
                        determined by the local educational agency for 
                        purposes of allocating funds to schools under 
                        section 1113(c)(1); or
                            ``(ii) who is low-performing, as 
                        demonstrated by a score of below proficient in 
                        a required subject on the State student 
                        academic assessment, as described in section 
                        1111(b)(3)(A), for the previous school year.''.

SEC. 11. COORDINATION OF SUPPLEMENTAL EDUCATIONAL SERVICES WITH AFTER-
              SCHOOL CARE.

    Section 1116(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(e)) is further amended--
            (1) by redesignating paragraph (12) (as amended by section 
        10) as paragraph (13); and
            (2) by inserting after paragraph (11) the following:
            ``(12) Coordination with after-school programs.--The 
        Secretary shall develop, and provide guidance on the 
        implementation of, a model program for coordinating the 
        provision of supplemental educational services under this 
        subsection with the 21st century learning centers assisted 
        under part B of title IV.''.
                                 <all>