Short title

This Act may be cited as the

Raising Achievement through Improving Supplemental Education Act of 2006

or the RAISE Act.

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.).

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.

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).

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

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.

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.

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.

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

; 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.

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.

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.