[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3406 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3406

To provide grants to States to ensure that all students exit the middle 
   grades prepared for success in a high school with an academically 
rigorous curriculum that prepares students for postsecondary education 
                           and the workplace.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

Mr. Grijalva (for himself, Mrs. Napolitano, Mr. Hare, Mr. Hinojosa, Mr. 
 Gene Green of Texas, Mr. Yarmuth, Mr. Scott of Virginia, Mr. Thompson 
 of Mississippi, Mr. Filner, Ms. Solis, Mr. Holt, and Mrs. McCarthy of 
  New York) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To provide grants to States to ensure that all students exit the middle 
   grades prepared for success in a high school with an academically 
rigorous curriculum that prepares students for postsecondary education 
                           and the workplace.

    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 ``Success in the Middle Act of 2007''.

SEC. 2. FINDINGS.

            (1) Students in grades 5 through 8 represent 58 percent 
        (approximately 15 million) of the Nation's annual test-takers 
        under the amendments made by the No Child Left Behind Act of 
        2001.
            (2) According to the 2005 National Assessment on 
        Educational Progress (NAEP), fewer than one-third of the 
        students in 8th grade can read and write with proficiency; in 
        mathematics, only 30 percent of students in 8th grade perform 
        at the proficient level, and nearly one-third score below the 
        basic level.
            (3) According to the 2005 NAEP, only 6 percent of students 
        with disabilities in 8th grade scored at or above proficiency 
        in reading as compared with 31 percent for non-disabled 
        students.
            (4) Results from ACT's EXPLORE assessment reflect that only 
        11 percent of 8th grade students are on track to succeed in 
        first-year college English, algebra, biology and social science 
        courses.
            (5) 96 percent of 8th grade English language learners 
        scored below the proficient level of the reading portion of the 
        2005 NAEP.
            (6) Sixth-grade students who do not attend school 
        regularly, who receive poor behavior marks, or who fail 
        mathematics or English have no more than a 10 percent chance of 
        graduating high school on time and a 20 percent chance of 
        graduating one year late.
            (7) If funds provided under title I of the Elementary and 
        Secondary Education Act of 1965 were distributed on the basis 
        of student populations, middle schools (representing 23 percent 
        of the Nation's student population) would receive approximately 
        $2.92 billion of the current title I allocation. Yet, of the 
        $12.7 billion appropriated in FY 2005 for title I, only $1.27 
        billion (10 percent) is allocated to middle schools by the 
        States.
            (8) Middle school students are optimistic about their 
        future with 93 percent believing that there is no chance that 
        they will drop out of high school and 92 percent say that it is 
        likely that they will attend college. Yet about one-third of 
        students who enter high school do not graduate with their 
        peers, and another third graduate but do not have the knowledge 
        and skills to succeed in college.
            (9) 68 percent of middle school students indicate that they 
        have little or no information about how to choose high school 
        classes that will prepare them for college.
            (10) Research reflects that the middle school period is an 
        important time for early postsecondary planning.
            (11) Research also associates the middle school years with 
        declines in motivation, self-perception, and academic 
        achievement.
            (12) Transitions from elementary to middle school and 
        middle school to high school are often complicated by poor 
        vertical curriculum alignment, inadequate counseling services 
        to help students make decisions about course work and co-
        curricular activities, and unsatisfactory sharing of student 
        performance data between schools.
            (13) To stem a dropout rate twice that of students without 
        disabilities, students with disabilities in the critical middle 
        grades must receive appropriate academic accommodations and 
        access to assistive technology, high risk behaviors such as 
        absenteeism and course failure must be monitored, and problem-
        solving skills with broad application must be taught.

                   TITLE I--MIDDLE SCHOOL IMPROVEMENT

SEC. 101. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES FOR MIDDLE 
              SCHOOL IMPROVEMENT.

    (a) In General.--From amounts appropriated under section 106, the 
Secretary shall make grants under this title to each State educational 
agency for which the Secretary has approved an application under 
subsection (f). The amount of grant to each such State educational 
agency for each fiscal year shall equal the allotment for such agency 
determined under subsection (c) for such year.
    (b) Reservations.--From the total amount made available to carry 
out this title for a fiscal year, the Secretary--
            (1) shall reserve 1 percent to evaluate the effectiveness 
        of this title in achieving its purposes, including hiring an 
        outside evaluator and ensuring that results are peer-reviewed 
        and widely disseminated; and
            (2) shall reserve 5 percent for technical assistance and 
        dissemination of best practice in middle grades education to 
        States and local educational agencies.
    (c) Amount of State Allotments.--
            (1) In general.--Of the total amount available for 
        allotments to carry out this title for a fiscal year, the 
        Secretary shall allot such amount among the States in 
        proportion to the number of children, aged 5 to 17, who reside 
        within each State and are from families with incomes below the 
        poverty line for the most recent fiscal year for which 
        satisfactory data are available (determined in accordance with 
        paragraphs (2) and (3) of section 1124(a) of the Elementary and 
        Secondary Education Act of 1965).
            (2) Minimum allotments.--No State educational agency shall 
        receive an allotment under this subsection that is less than 
        $20,000,000.
    (d) Matching Requirement.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a State educational agency shall provide non-
        Federal matching funds equal to not less than 25 percent of the 
        amount of the grant.
            (2) In-kind contributions.--In-kind contributions may be 
        used to meet the requirement of paragraph (1) but only to the 
        extent of 10 percent of the amount of the grant.
    (e) Reallotment.--
            (1) Failure to apply; application not approved.--If any 
        State does not apply for an allotment under this title for a 
        fiscal year or if the State educational agency's application is 
        not approved, the Secretary shall reallot the amount of the 
        State's allotment to the remaining States in accordance with 
        this section.
            (2) Unused funds.--The Secretary may reallot any amount of 
        an allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within 2 years of such 
        allotment. Such reallotments shall be made on the same basis as 
        allotments are made under subsection (c).
    (f) Application.--In order to receive a grant under this title, a 
State educational agency shall submit an application to the Secretary 
(at such time and in such form as the Secretary may require) which 
includes--
            (1) the State middle school improvement plan described in 
        section 102(a)(2), and
            (2) such other information as the Secretary may reasonably 
        require.

SEC. 102. STATE PLAN; AUTHORIZED ACTIVITIES.

    (a) Mandatory Activities.--
            (1) In general.--Grants awarded under this title to a State 
        educational agency shall be used--
                    (A) to carry out the middle school improvement plan 
                described in paragraph (3) of such agency, and
                    (B) to make subgrants to local educational agencies 
                under section 103.
            (2) Funds for subgrants.--At least 80 percent of the grant 
        funds awarded under this title to a State educational agency 
        shall be used to make subgrants to local educational agencies 
        under section 103.
            (3) Middle school improvement plan.--The middle school 
        improvement plan of a State educational agency shall be a 
        statewide plan to improve student achievement that describes 
        what students are required to know and do to successfully 
        complete the middle grades and make the transition to succeed 
        in an academically rigorous high school that prepares students 
        for postsecondary education and the workplace. The plan shall 
        also describe how the State educational agency will do the 
        following:
                    (A) Ensure that the curricula and assessments for 
                middle grades education are aligned with high school 
                curricula and assessments and prepare students to take 
                challenging high school courses and successfully engage 
                in postsecondary education.
                    (B) Provide professional development to school 
                leaders, teachers and other school personnel in 
                addressing the needs of diverse learners, including 
                students with disabilities and English language 
                learners, and in using challenging and relevant 
                research-based best practices and curriculum, and using 
                data to inform instruction.
                    (C) Identify and disseminate information on 
                effective schools and instructional strategies for 
                middle grade learners based on high-quality research.
                    (D) Include specific provisions for students most 
                at-risk of failure, including English language learners 
                and students with disabilities.
                    (E) Develop and implement early warning data 
                systems (as defined in section 103(i)) to alert schools 
                when students begin to exhibit outcomes which indicate 
                the student is at increased risk for low achievement or 
                falling off the path to high school graduation and 
                develop and implement a system of evidence based 
                interventions that schools can use to effectively 
                intervene.
    (b) Permissible Activities.--
            (1) In general.--Grants awarded under this title to a State 
        educational agency may be used to make competitive grants to 
        eligible entities to carry out the following activities:
                    (A) Develop and encourage collaborations among 
                researchers at institutions of higher education, State 
                educational agencies, educational service agencies (as 
                defined in section 9101(17) of the Elementary and 
                Secondary Education Act of 1965), local educational 
                agencies, and nonprofit organizations to expand the use 
                of effective practices in the middle grades and to 
                improve middle grade education.
                    (B) Support local educational agencies in 
                implementing proven middle grade practices, models and 
                programs that are evidence-based and demonstrate 
                improved student achievement.
                    (C) Create and sustain networks to disseminate 
                high-quality research that relates to middle grade 
                education best practices.
            (2) Eligible entity.--For purposes of paragraph (1), the 
        term ``eligible entity'' means any partnership that includes at 
        least 1 local educational agency. Such a partnership may 
        include an institution of higher education, an education 
        service agency, and any non-profit organization with 
        demonstrated expertise in high quality middle level 
        interventions.

SEC. 103. COMPETITIVE SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES TO 
              IMPROVE LOW-PERFORMING MIDDLE GRADES.

    (a) In General.--A State educational agency receiving a grant under 
this title shall make competitive subgrants to eligible local 
educational agencies.
    (b) Priorities.--In making subgrants under this section, a State 
educational agency shall give priority to eligible local educational 
agencies based on--
            (1) their respective populations of children described in 
        section 101(c), and
            (2) their respective populations of children attending 
        eligible schools.
    (c) Matching Requirement.--
            (1) In general.--To be eligible to receive a subgrant under 
        this section, an eligible local educational agency shall 
        provide non-Federal matching funds equal to not less than 15 
        percent of the amount of the subgrant.
            (2) In-kind contributions.--In-kind contributions may be 
        used to meet the requirement of paragraph (1) but only to the 
        extent of 10 percent of the amount of the subgrant.
    (d) Application.--In order to receive a subgrant under this 
section, an eligible local educational agency shall submit an 
application to the State educational agency (at such time and in such 
form as the State educational agency may require) which includes--
            (1) the comprehensive schoolwide improvement plan described 
        in subsection (e) for each eligible school, and
            (2) such other information as such agency may reasonably 
        require.
    (e) Comprehensive Schoolwide Improvement Plan.--The comprehensive 
local middle school improvement plan of an eligible local educational 
agency shall include the information described in subsection (b) and 
describe how the agency will--
            (1) identify eligible schools;
            (2) ensure that funds go to the highest priority eligible 
        schools first;
            (3) use funds to improve the achievement of all students, 
        including English language learners and students with 
        disabilities, in eligible schools and middle grades;
            (4) implement an early warning data system and appropriate 
        interventions;
            (5) increase academic rigor and foster student engagement 
        to ensure students are entering high school prepared for 
        success in the workplace and in a rigorous college-ready 
        curriculum, including a description of how such readiness will 
        be measured; and
            (6) implement a systemic transition plan for all students 
        and encourage collaboration between elementary, middle, and 
        high schools.
    (f) Mandatory Uses of Funds.--Subgrants awarded under this section 
shall be used by eligible local educational agencies to develop and 
implement comprehensive, schoolwide improvement plan in eligible 
schools that include the following:
            (1) Align curricula between elementary grades, middle 
        grades, and high schools and across all grade levels within 
        those schools.
            (2) Implement evidence-based instructional strategies and 
        learning environments that meet the needs of all students and 
        ensure that school leaders and teachers receive professional 
        development on using these strategies.
            (3) Develop and use an effective formative assessment to 
        inform instruction.
            (4) Implement organizational practices and school schedules 
        which allow for collaborative leadership, effective teacher 
        teaming, and parent and community involvement.
            (5) Create a more personalized and engaging learning 
        environment for middle grade students by developing a personal 
        academic plan for each student and assigning at least one adult 
        to help monitor student progress.
            (6) Provide all students with information and assistance 
        about the requirements for high school graduation, college 
        admission, and career success.
            (7) Utilize data from an early warning data system and 
        guidance resources to identify struggling students and assist 
        them as they transition from elementary grade to middle grades 
        and from middle grades to high school.
            (8) Implement academic supports and effective and 
        coordinated extra help programs to ensure that students have a 
        strong foundation in reading, writing, mathematics, and science 
        skills.
            (9) Implement evidence-based school-wide programs and 
        targeted supports to promote positive academic outcomes, such 
        as increased attendance rates and the promotion of physical, 
        personal, and social development.
    (g) Permissible Uses of Funds.--Subgrants awarded under this 
section may be used by eligible local educational agencies for the 
following:
            (1) Implement extended learning opportunities in core 
        academic areas including more instructional time in literacy, 
        mathematics, science, history, and civics in addition to 
        opportunities for language instruction and understanding other 
        cultures and the arts.
            (2) Provide professional development activities to enable 
        teachers and other school staff to appropriately monitor 
        academic and behavioral progress, modify curricula, and 
        implement accommodations and assistive technology services for 
        students with disabilities, consistent with individualized 
        education programs under section 614(d) of the Individuals with 
        Disabilities Education Act.
            (3) Employ and use instructional coaches, including 
        literacy, mathematics, and English language learner coaches.
            (4) Ensure that school leaders, teachers, pupil service 
        personnel, and other school staff understand the developmental 
        stages of adolescents in the middle grades and how to deal with 
        those stages appropriately in an educational setting.
            (5) Provide professional development for content-area 
        teachers on working effectively with English language learners 
        and students with disabilities, as well as professional 
        development for English as a second language educators, 
        bilingual educators, and special education personnel.
            (6) Encourage and facilitate the sharing of data among 
        elementary, middle, and high schools as well as postsecondary 
        institutions.
            (7) Create professional learning communities focused on 
        enabling student success in high challenge middle grade schools 
        across middle grade schools in the school district and between 
        school districts, where possible.
    (h) Planning Subgrants.--
            (1) In general.--In addition to the subgrants to which the 
        preceding provisions of this section apply, a State educational 
        agency may (without regard to such preceding provisions) make 
        subgrants to eligible local educational agencies that have not 
        received a grant under subsection (a) to assist them is meeting 
        the requirements of subsections (d) and (e).
            (2) Amount and duration.--Subgrants under this subsection 
        may not exceed $50,000 nor 1 year in duration.
    (i) Definitions.--For purposes of this section--
            (1) Early warning data system.--The term ``early warning 
        data system'' means any electronic system--
                    (A) which is maintained by the State educational 
                agency for use by local educational agencies and 
                schools containing at least 1 middle grade,
                    (B) which stores individual middle grade student 
                level data (including data necessary to make the 
                determinations under paragraph (3)(B)) tied to a unique 
                student identifier on school outcomes that has been 
                shown to be highly predictive of whether or not a 
                student is on track to graduate from high school with a 
                regular diploma,
                    (C) the data in which is easily accessible to 
                teachers and administrators and
                    (D) which updated on a regular basis to measure 
                student progress over time.
            (2) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means any local educational agency 
        serving at least 1 eligible school.
            (3) Eligible school.--The term ``eligible school'' means 
        any school containing at least 1 middle grade if--
                    (A) more than 50 percent of middle grade students 
                go on to attend a high school with a graduation rate of 
                less than 60 percent;
                    (B) more than 25 percent of the students who finish 
                grade 5 in the school exhibit key risk factors and 
                early warning signs, including--
                            (i) student attendance below 90 percent,
                            (ii) a failing grade in English or 
                        mathematics,
                            (iii) 2 failing grades in any courses,
                            (iv) suspension or other evidence of poor 
                        behavior; or
                    (C) more than 50 percent of the middle grade 
                students do not perform at a proficient level on State 
                assessments required under section 1111(b)(3) of the 
                Elementary and Secondary Education Act of 1965 in 
                mathematics or reading or language arts.
            (4) Middle grades.--The term ``middle grades'' means grades 
        5, 6, 7, and 8.

SEC. 104. DURATION OF GRANTS; SUPPLEMENT NOT SUPPLANT.

    (a) Duration of Grants.--
            (1) In general.--Except as provided in paragraph (2), 
        grants and subgrants under this title may not exceed 3 years in 
        duration.
            (2) Renewals.--
                    (A) In general.--Grants and subgrants under this 
                title may be renewed in 2-year increments.
                    (B) Conditions.--In order to be eligible to have a 
                grant or subgrant renewed under this paragraph, the 
                recipient must demonstrate, to the satisfaction of the 
                granting entity, that--
                            (i) the recipient has complied with the 
                        terms of the grant or subgrant, including by 
                        undertaking all required activities; and
                            (ii) during the period of the grant or 
                        subgrant, there has been significant progress 
                        in student achievement, as measured by the 
                        annual measurable objectives established 
                        pursuant to section 1111(b)(2)(C)(v) of the 
                        Elementary and Secondary Education Act and 
                        other key risk factors such as attendance and 
                        on-time promotion.
    (b) Federal Funds To Supplement, Not Supplant, Non-Federal Funds.--
            (1) In general.--A State educational agency or local 
        educational agency shall use Federal funds received under this 
        title only to supplement the funds that would, in the absence 
        of such Federal funds, be made available from non-Federal 
        sources for the education of pupils participating in programs 
        assisted under this title, and not to supplant such funds.
            (2) Special rule.--Nothing in this title shall be construed 
        to authorize an officer, employee, or contractor of the Federal 
        Government to mandate, direct, limit, or control a State, local 
        educational agency, or school's specific instructional content, 
        academic achievement standards and assessments, curriculum, or 
        program of instruction.

SEC. 105. DEFINITIONS.

    For purposes of this title--
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (2) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this title, there are authorized to 
be appropriated $1,000,000,000 for fiscal year 2008 and each of the 5 
succeeding fiscal years.

                   TITLE J--RESEARCH RECOMMENDATIONS

SEC. 201. PURPOSE.

    The purpose of this title is to facilitate the generation, 
dissemination, and application of research needed to identify and 
implement effective practices that lead to continual student learning 
and high academic achievement at the middle level.

SEC. 202. RESEARCH RECOMMENDATIONS.

    The Secretary of Education shall use the amounts appropriated under 
this title to carry out the following activities:
            (1) Create a national clearinghouse for research in: best 
        practices in the middle level and in the approaches that 
        successfully take those best practices to scale in schools and 
        school districts.
            (2) Create a national middle level database accessible to 
        educational researchers, practitioners, and policymakers that 
        identify school, classroom, and system-level factors that 
        facilitate or impede student achievement in the middle grades.
            (3) Require the Institute of Education Sciences or any 
        other educational research agency to develop a strand of field-
        initiated research designed to enhance performance of middle 
        grade schools and students who are most at risk of educational 
        failure. Such research should target specific issues such as--
                    (A) effective practices in mathematics, science, 
                literacy;
                    (B) academic interventions for adolescent English 
                language learners; and
                    (C) school improvement programs and strategies for 
                closing the achievement gap.
            (4) Require the Institute of Education Sciences or any 
        other educational research agency to initiate a series of large 
        scale randomized field trials designed to establish the most 
        effective ways to--
                    (A) use increase learning or school time in the 
                middle grades,
                    (B) decrease class size or employ additional 
                instructional staff, and
                    (C) recruit, retain, and develop teachers with 
                strong middle grade teaching skills in order to raise 
                middle grade achievement.
            (5) Strengthen the work of the existing National Research 
        and Development Centers by adding a research and development 
        center dedicated to addressing--
                    (A) curricular/instructional issues pertinent to 
                the middle grades (such as mathematics, science, the 
                needs of English language learners, and students with 
                disabilities);
                    (B) comprehensive school-wide reforms for low 
                performing middle grade schools; and
                    (C) other topics pertinent to middle grades 
                schools.
            (6) Provide grants to nonprofit organizations, for-profit 
        organizations, institutes of higher learning, and others to 
        partner with State and local educational agencies to develop, 
        adapt, and/or replicate effective models for turning around 
        low-performing middle grade schools.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

            (1) Authorization.--There are authorized to be appropriated 
        $100,000,000 to carry out this title.
            (2) Reservations.--From the total amount made available to 
        carry out this title, the Secretary shall reserve--
                    (A) 5 percent for the database described in section 
                202(1);
                    (B) 5 percent for the database described in section 
                202(2);
                    (C) 25 percent for the activities described in 
                section 202(3);
                    (D) 20 percent for the activities described in 
                section 202(4);
                    (E) 15 percent for the activities described in 
                section 202(5); and
                    (F) 30 percent for the activities described in 
                section 202(6).
                                 <all>