[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2203 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2203

To amend the Elementary and Secondary Education Act of 1965 to increase 
student access and participation in supplemental educational services, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2007

Mr. McKeon (for himself, Mr. Hoekstra, Mr. Bishop of Utah, Mr. Walberg, 
 Mr. Fortuno, Mr. Boehner, Mr. Wilson of South Carolina, Mr. Boustany, 
and Mr. Marchant) introduced the following bill; which was referred to 
                  the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to increase 
student access and participation in 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 ``Improving Supplemental Education by 
Ensuring Parental Awareness Act''.

SEC. 2. INCREASING STUDENT ACCESS AND PARTICIPATION IN SUPPLEMENTAL 
              EDUCATIONAL SERVICES.

    Section 1116(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(b)) is amended--
            (1) in paragraph (1) by striking subparagraph (E) and 
        inserting the following:
                    ``(E) Public school choice and supplemental 
                education services.--
                            ``(i) In general.--In the case of a school 
                        identified for school improvement under this 
                        paragraph, the local educational agency shall, 
                        not later than the first day of the school year 
                        following such identification, provide all 
                        eligible students enrolled in the school with 
                        the option--
                                    ``(I) to transfer to another public 
                                school served by the local educational 
                                agency and described in clause (ii), 
                                which may include a public charter 
                                school, that has not been identified 
                                for school improvement under this 
                                paragraph, unless such an option is 
                                prohibited by State law; and
                                    ``(II) to receive supplemental 
                                educational services, available 
                                consistent with subsection (e)(1).
                            ``(ii) Special rule.--In providing students 
                        the option to transfer to another public school 
                        under clause (i)(I), the local educational 
                        agency shall give priority to the lowest 
                        achieving children from low-income families, as 
                        determined by the local educational agency for 
                        purposes of allocating funds to schools under 
                        section 1113(c)(1).'';
            (2) in paragraph (10)(A) by striking ``spend an amount 
        equal to'' and inserting ``set aside and spend''; and
            (3) in paragraph (10) by inserting after subparagraph (D) 
        the following:
                    ``(E) Funding.--The funds described in subparagraph 
                (A) shall be made available for the year in which the 
                funding is set aside or otherwise allocated and shall, 
                notwithstanding section 1127(a), remain available until 
                such funds are expended (subject to section 421(b) of 
                the General Education Provisions Act) on supplemental 
                educational services under subsection (e), 
                transportation costs under paragraph (9), or parent 
                outreach and assistance under paragraph (10)(C), 
                unless--
                            ``(i) the local educational agency has 
                        provided the State educational agency with 
                        evidence satisfactory to the State educational 
                        agency that at least 75 percent of the students 
                        eligible for supplemental educational services 
                        have received or affirmatively declined those 
                        services; or
                            ``(ii) the State educational agency 
                        approves a local educational agency request to 
                        spend a lesser amount based on a State review 
                        of the agency's demonstrated success in--
                                    ``(I) making significant progress 
                                in meeting the requirements of clause 
                                (i);
                                    ``(II) partnering with community-
                                based organizations and other groups to 
                                help inform eligible students and their 
                                families of the availability of 
                                supplemental educational services;
                                    ``(III) ensuring that all eligible 
                                students are able to sign up for 
                                supplemental educational services 
                                throughout the course of the school 
                                year and the summer; and
                                    ``(IV) meeting the requirements of 
                                subsection (e)(2)(E) and (e)(2)(F).''.

SEC. 3. ENSURING ACCOUNTABILITY AND PROVIDER EFFECTIVENESS AND 
              EXPANDING RESOURCES FOR STATE AND LOCAL IMPLEMENTATION OF 
              SUPPLEMENTAL EDUCATIONAL SERVICES.

    (a) Funds for School Improvement.--Section 1003(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6303(b)) is 
amended--
            (1) in paragraph (1) by striking ``or'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) may reserve up to 1 percent to carry out the 
        responsibilities under section 1116(e)(4).''.
    (b) Funds for Transportation and Supplemental Educational 
Services.--Section 1116(b)(10) of that Act (20 U.S.C. 6316(b)(10)) is 
amended by inserting after subparagraph (E) (as added by section 2 of 
this Act) the following:
                    ``(F) Increased focus on parental involvement.--For 
                any fiscal year, a local educational agency may spend 
                an amount up to 0.2 percent of its allocation under 
                subpart 2 on implementing the parent outreach and 
                assistance requirements of subsection (b)(6)(F) and 
                subsection (e)(2), with such funds counting toward 
                meeting the requirements of subparagraph (A).''.

SEC. 4. ENSURING STUDENTS HAVE FAIR OPTIONS IN SELECTING A SUPPLEMENTAL 
              EDUCATIONAL SERVICES PROVIDER OF THEIR CHOICE.

    Section 1116(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6316(e)) is amended--
            (1) in paragraph (2)(A)--
                    (A) by inserting after ``parents'' the following: 
                ``, at the beginning of the school year following the 
                school's failure to make adequate yearly progress,''; 
                and
                    (B) by amending clause (iii) to read as follows:
                            ``(iii) a brief description of the 
                        services, including minimum qualifications 
                        required by the provider for their instructors 
                        that provide direct instruction to students, 
                        and demonstrated effectiveness of each such 
                        provider;''.
            (2) in paragraph (2)--
                    (A) in subparagraph (C) by striking ``and'' at the 
                end;
                    (B) in subparagraph (D) by striking the period at 
                the end and inserting a semicolon; and
                    (C) after subparagraph (D) by adding the following:
                    ``(E) choose an approved provider or providers, 
                using a fair, open, and objective process, to operate 
                on site in the school or schools identified under 
                paragraphs (1), (7), or (8) of subsection (b) free of 
                charge, or for a reasonable fee, on the same basis and 
                terms as are available to other groups that seek access 
                to the school building;
                    ``(F) provide approved providers with appropriate 
                logistical information, including information on the 
                procedures parents must follow in obtaining 
                supplemental educational services for their children; 
                and
                    ``(G) conduct quality parental outreach campaigns 
                to increase the number of students that receive 
                supplemental educational services.'';
            (3) in paragraph (4)--
                    (A) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) develop, implement not later than 1 year 
                after the date of enactment of this subparagraph, and 
                publicly report (including an annual report to the 
                Secretary on the implementation of this subparagraph) 
                on standards and techniques that--
                            ``(i) are for monitoring the quality and 
                        effectiveness of the services offered by 
                        approved providers under this subsection and 
                        for withdrawing approval from providers that 
                        fail, for 2 consecutive years, to contribute to 
                        increasing the academic proficiency of students 
                        served under this subsection as described in 
                        subparagraph (B); and
                            ``(ii) use valid and reliable methods that 
                        are consistent with relevant, nationally 
                        recognized professional standards that--
                                    ``(I) are administered to all 
                                students enrolled in supplemental 
                                educational services under this 
                                subsection;
                                    ``(II) are supplemented with 
                                additional criteria, such as--
                                            ``(aa) local educational 
                                        agency evaluations of the 
                                        supplemental educational 
                                        services provided under this 
                                        subsection;
                                            ``(bb) student, parent, 
                                        principal, or teacher 
                                        satisfaction with the provider, 
                                        except that, if a State elects 
                                        to include this criterion in 
                                        the State evaluation system, 
                                        the satisfaction levels shall 
                                        be measured by a survey that 
                                        uniformly evaluates all such 
                                        providers in the State; and
                                            ``(cc) the attendance rates 
                                        of the students enrolled in the 
                                        supplemental educational 
                                        services offered by the 
                                        provider under this subsection; 
                                        and
                                    ``(III) measure individual student 
                                academic achievement in mathematics, 
                                and in reading or language arts, as 
                                measured by progress toward meeting 
                                challenging State student academic 
                                achievement standards under section 
                                1111(b), or as measured by progress on 
                                other valid individual student 
                                assessment instruments, as a result of 
                                the provision of supplemental 
                                educational services;''.
                    (B) in subparagraph (E) by striking the period at 
                the end and inserting a semicolon; and
                    (C) after subparagraph (E) by inserting the 
                following:
                    ``(F) monitor each local educational agency that 
                serves as an approved provider to ensure the local 
                educational agency is in compliance with paragraph (2) 
                and, if the State educational agency determines (which 
                may be based on complaints filed by eligible providers, 
                parents, or other entities) that the local educational 
                agency is not in compliance--
                            ``(i) withdraw approval from the local 
                        educational agency for the following year; or
                            ``(ii) designate a third-party entity to 
                        carry out the responsibilities under paragraph 
                        (2);
                    ``(G) establish a fair mechanism for the removal of 
                a provider who is subject to repeat complaints 
                submitted by parents, school personnel, or the local 
                educational agency, after a full independent 
                investigation of the complaints and right of appeals;
                    ``(H) provide--
                            ``(i) guidelines to each local educational 
                        agency on the enrollment forms used to enroll 
                        students for supplemental educational services 
                        under this subsection, which shall include--
                                    ``(I) the baseline of information 
                                the local educational agency is 
                                required to provide to parents; and
                                    ``(II) a sample form for the local 
                                educational agency; and
                            ``(ii) technical assistance to each local 
                        educational agency regarding the enrollment 
                        process, in an effort to streamline the 
                        enrollment process for parents;
                    ``(I) ensure that the enrollment process is fair to 
                all providers of supplemental educational services;
                    ``(J) if the State educational agency determines 
                appropriate, require a local educational agency to 
                employ different methods to reach students regarding 
                the availability of supplemental educational services 
                under this subsection, including--
                            ``(i) sending enrollment forms home with 
                        students;
                            ``(ii) posting the enrollment form online; 
                        and
                            ``(iii) allowing parents to obtain 
                        enrollment forms at the school of the students 
                        eligible for supplemental educational services 
                        under this subsection;
                    ``(K) if the State educational agency determines 
                appropriate, use a portion of the funds available under 
                subsection (b)(10) to provide, on behalf of rural local 
                educational agencies that serve schools required to 
                offer supplemental educational services under this 
                subsection, incentives for providers to provide 
                supplemental educational services under this subsection 
                to students in rural local educational agencies, 
                including--
                            ``(i) providing technical assistance to 
                        providers, including those offering 
                        supplemental educational services through 
                        distance learning; and
                            ``(ii) providing assistance to community 
                        based organizations with the approval process 
                        to become supplemental educational services 
                        providers, as well as with the contracting 
                        process with local educational agencies.''.

SEC. 5. REQUIRING GREATER TRANSPARENCY OF DATA RELATED TO SUPPLEMENTAL 
              EDUCATIONAL SERVICES.

    (a) 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 the prior school year--
                                    ``(I) the number of students 
                                eligible to participate in public 
                                school choice and supplemental 
                                educational services;
                                    ``(II) the actual number of 
                                students who participated;
                                    ``(III) the total amount of funds 
                                expended for supplemental educational 
                                services; and
                                    ``(IV) the total amount of funds 
                                expended for transportation related to 
                                public school choice.''.
    (b) LEA Report Cards.--Section 1111(h)(2)(B)(i) of that Act (20 
U.S.C. 6311(h)(2)(B)(i)) is amended--
            (1) in subclause (I), by striking ``and'' at the end; and
            (2) by adding at the end the following:
                                    ``(III) the information described 
                                in subparagraph (C)(ix), relating to 
                                student participation in public school 
                                choice and supplemental educational 
                                services; and''.
    (c) Annual State Report.--Section 1111(h)(4)(F) of that Act (20 
U.S.C. 6311(h)(4)(F)) is amended to read as follows:
                    ``(F) for the prior school year--
                            ``(i) the number of students eligible to 
                        participate in public school choice and 
                        supplemental educational services;
                            ``(ii) the actual number of students who so 
                        participated;
                            ``(iii) the total amount of funds expended 
                        for supplemental educational services; and
                            ``(iv) the total amount of funds expended 
                        for transportation related to public school 
                        choice; and''.

SEC. 6. EXPANDING RESEARCH AND EVALUATION OF SUPPLEMENTAL EDUCATIONAL 
              SERVICES EFFECTIVENESS AT THE NATIONAL LEVEL.

    Section 1501(a)(2)(I)(iv) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6491(a)(2)(I)(iv)) is amended to read as 
follows:
                            ``(iv) The number of students who received 
                        supplemental educational services, the criteria 
                        used by the States to determine the quality of 
                        providers, the kinds of services that are 
                        available and utilized, the costs associated 
                        with implementing this option, and the impact 
                        of receiving supplemental educational services 
                        on student achievement, using criteria for 
                        success to evaluate such impact, including 
                        criteria consistent with scientifically-based 
                        research.''.

SEC. 7. SUPPLEMENTAL EDUCATIONAL SERVICES FOR STUDENTS WITH 
              DISABILITIES AND STUDENTS WHO ARE LIMITED ENGLISH 
              PROFICIENT.

    (a) In General.--Section 1501(a)(2) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6491(a)(2)) is amended--
            (1) by redesignating subparagraph (O) as subparagraph (P); 
        and
            (2) by inserting after subparagraph (N) the following:
                    ``(O) The extent to which students with 
                disabilities and students with limited English 
                proficiency are represented as compared to all students 
                receiving supplemental educational services.''.
    (b) State Educational Agency Responsibilities.--Section 1116(e)(4) 
of that Act (20 U.S.C. 6316(e)(4)), as amended by this Act, is further 
amended--
            (1) in subparagraph (K) by striking the period at the end 
        and inserting ``; and''; and
            (2) by adding at the end the following:
                    ``(L) ensure that, in each area served by a local 
                educational agency in the State that informs the State 
                educational agency of the local educational agency's 
                need to provide supplemental educational services under 
                this subsection to children who are limited English 
                proficient or children with disabilities, the list of 
                approved providers includes a choice of 2 or more 
                providers with sufficient capacity to provide effective 
                services for children who are limited English 
                proficient or children with disabilities, 
                respectively.''.
    (c) Amounts for SES.--Section 1116(e)(6) of that Act (20 U.S.C. 
6316(e)) is amended--
            (1) by striking ``(A)'' and ``(B)'' and inserting ``(i)'' 
        and ``(ii)'', respectively;
            (2) by inserting ``(A)'' before ``The amount''; and
            (3) by adding at the end the following:
                    ``(B) Amounts for special populations.--
                Notwithstanding subparagraph (A), the amount that a 
                local educational agency shall make available for 
                supplemental educational services for students with 
                disabilities, limited English proficient students, and 
                students in local educational agencies that are 
                eligible for assistance under section 6211 or 6221 of 
                this Act, shall equal 200 percent of the amount 
                determined in subparagraph (A)(i), except that no 
                student shall receive more than the actual costs of the 
                supplemental educational services received by the 
                child.''.

SEC. 8. A LOCAL EDUCATIONAL AGENCY THAT NEEDS IMPROVEMENT IS NOT 
              ELIGIBLE TO BE A PROVIDER OF SUPPLEMENTAL EDUCATIONAL 
              SERVICES.

    Section 1116(e)(12)(B) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6316(e)(12)(B)) is amended by inserting after 
``or a local educational agency'' the following: ``(but such term does 
not include a local educational agency that has been identified for 
improvement or corrective action)''.
                                 <all>