[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3763 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3763

  To award competitive grants to eligible partnerships to enable the 
partnerships to implement innovative strategies at the secondary school 
 level to improve student achievement and prepare at-risk students for 
               postsecondary education and the workforce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 4, 2007

    Mr. Loebsack (for himself, Mr. Payne, Mr. Hare, and Ms. Matsui) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To award competitive grants to eligible partnerships to enable the 
partnerships to implement innovative strategies at the secondary school 
 level to improve student achievement and prepare at-risk students for 
               postsecondary education and the workforce.

    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 ``Getting Retention and Diplomas Up 
Among Today's Enrolled Students Act'' or the ``GRADUATES Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since almost 90 percent of the fastest growing and best 
        paying jobs now require some postsecondary education, a 
        secondary school diploma and the skills to succeed in higher 
        education and the modern workplace are essential.
            (2) Only \1/3\ of all high school students in the United 
        States graduate in 4 years prepared for a 4-year institution of 
        higher education. Another \1/3\ graduate, but without the 
        skills and qualifications necessary for success in higher 
        education or the workplace, and the rest will not graduate from 
        high school in 4 years, if at all.
            (3) Dropouts from the class of 2006 will cost the United 
        States more than $309,000,000,000 in reduced earnings.
            (4) The Nation's failure to meet the increasing demand for 
        skilled workers means that American companies cannot fill a 
        large number of jobs. Eighty-one percent of American 
        manufacturing companies report experiencing a moderate to 
        severe shortage of qualified workers.
            (5) International competition has made education a national 
        security issue. For example, the United States currently runs a 
        $30,000,000,000 advanced technology trade deficit with China. 
        Many other countries are developing the technology, 
        infrastructure, and knowledge base to export quality products 
        with inexpensive labor. The education system of the United 
        States should support critical thinking, creativity, and 
        innovative approaches to new opportunities, which are 
        commodities that cannot be outsourced.
            (6) As the bar for success continues to be raised, the 
        responsibility to engender these attributes with progressive 
        programs and original models lies squarely with the education 
        system. It is imperative that the United States develop and 
        implement new, innovative approaches to fully prepare every 
        student for the 21st century.
            (7) Realigning the education system to meet new, demanding 
        requirements and face intensifying competition requires 
        effective, systemic reform. Identifying effective, replicable 
        models that achieve this goal is a critical step towards 
        enhancing the prospects of all students entering the modern 
        workforce.

SEC. 3. SECONDARY SCHOOL INNOVATION FUND.

    (a) Secondary School Innovation Fund.--Title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is 
amended--
            (1) by redesignating part I as part J; and
            (2) by inserting after section 1830 the following:

               ``PART I--SECONDARY SCHOOL INNOVATION FUND

``SEC. 1851. PURPOSES.

    ``The purposes of this part are--
            ``(1) to improve the achievement of at-risk secondary 
        school students and prepare such students for higher education 
        and the workforce;
            ``(2) to create evidence-based, replicable models of 
        innovation in secondary schools at the State and local level; 
        and
            ``(3) to support partnerships to create and inform 
        innovation at the State and local level to improve learning 
        outcomes and transitions for secondary school students.

``SEC. 1852. DEFINITIONS.

    ``In this part:
            ``(1) Eligible partnership.--The term `eligible 
        partnership' means a partnership that includes--
                    ``(A) not less than 1--
                            ``(i) State educational agency; or
                            ``(ii) local educational agency that is 
                        eligible for assistance under part A; and
                    ``(B) not less than 1--
                            ``(i) institution of higher education;
                            ``(ii) nonprofit organization;
                            ``(iii) community-based organization;
                            ``(iv) business; or
                            ``(v) school development organization or 
                        intermediary.
            ``(2) Eligible school.--The term `eligible school' means a 
        public secondary school served by a local educational agency 
        that is eligible for assistance under part A.
            ``(3) High school.--The term `high school' means a public 
        school, including a public charter high school, that provides 
        education in any grade beginning with grade 9 and ending with 
        grade 12, as determined under State law.
            ``(4) Middle school.--The term `middle school' means a 
        public school, including a public charter middle school, that 
        provides middle education in any grade beginning with grade 5 
        and ending with grade 8, as determined under State law.
            ``(5) Secondary school.--The term `secondary school' has 
        the meaning given the term in section 9101.

``SEC. 1853. SECONDARY SCHOOL INNOVATION FUND.

    ``(a) Program Authorized.--
            ``(1) Grants to eligible partnerships.--The Secretary is 
        authorized to award grants, on a competitive basis, to eligible 
        partnerships to enable the eligible partnerships to pay the 
        Federal share of the costs of implementing innovative 
        strategies described in subsection (f) to improve the 
        achievement of at-risk students in secondary schools.
            ``(2) Subgrants to eligible schools.--An eligible 
        partnership that receives a grant under this part may use the 
        grant funds to award a subgrant to an eligible school to enable 
        the eligible school to implement innovative strategies 
        described in subsection (f) to improve the achievement of at-
        risk students at the eligible school.
    ``(b) Reservation of Funds.--The Secretary shall reserve 5 percent 
of the amounts appropriated under this part for a fiscal year for the 
evaluation described in subsection (h).
    ``(c) Application.--
            ``(1) In general.--An eligible partnership desiring a grant 
        under this part shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
            ``(2) Contents.--The application described in paragraph (1) 
        shall include--
                    ``(A) a description of the eligible partnership, 
                the partners forming the eligible partnership, and the 
                roles and responsibilities of each partner, and a 
                demonstration of each partner's capacity to support the 
                outlined roles and responsibilities;
                    ``(B) a description of how funds will be used to 
                improve the achievement of at-risk students in 
                secondary schools;
                    ``(C) a description of how the activities funded by 
                the grant will be innovative, systemic, evidence-based, 
                and replicable;
                    ``(D) a description of each subgrant the eligible 
                partnership will award to an eligible school, including 
                a description of the eligible school; and
                    ``(E) a description of how the eligible partnership 
                will measure and report improvement using the data 
                collected under subsection (g) and additional 
                indicators of improvement proposed by the partnership, 
                such as student attendance or participation, credit 
                accumulation rates, core course failure rates, college 
                enrollment and persistence rates, or number or 
                percentage of students taking Advanced Placement (AP), 
                International Baccalaureate (IB), or other 
                postsecondary education courses, rigorous postsecondary 
                education preparatory courses, or workforce 
                apprenticeship and training programs.
    ``(d) Application Review and Award Basis.--
            ``(1) Grant review and approval.--The Secretary shall--
                    ``(A) establish a peer review process to assist in 
                the review of the grant applications and approval of 
                the grants under this section; and
                    ``(B) appoint to the peer review process--
                            ``(i) individuals who are educators and 
                        experts in--
                                    ``(I) secondary school reform;
                                    ``(II) accountability;
                                    ``(III) secondary school 
                                improvement;
                                    ``(IV) innovative education models; 
                                and
                                    ``(V) other educational needs of 
                                secondary school students; and
                            ``(ii) not less than 1 parent or community 
                        representative; and
                    ``(C) ensure that each grant award is of sufficient 
                size and scope to carry out the activities proposed in 
                the grant application, including the evaluation 
                required under subsection (g)(3).
            ``(2) Award basis.--In awarding grants under this part, the 
        Secretary shall ensure, to the extent practicable--
                    ``(A) diversity in the type of activities funded 
                under the grants;
                    ``(B) an equitable geographic distribution of the 
                grants, including urban and rural areas; and
                    ``(C) that the grants support activities--
                            ``(i) that target different grade levels of 
                        students at the secondary school level; and
                            ``(ii) in a variety of types of secondary 
                        schools, including middle schools and high 
                        schools.
    ``(e) Federal Share, Non-Federal Share.--
            ``(1) Federal share.--The Federal share of a grant under 
        this part shall be not more than 75 percent of the costs of the 
        activities assisted under the grant.
            ``(2) Non-federal share.--The non-Federal share shall be 
        not less than 25 percent of the costs of the activities 
        assisted under the grant, of which not more than 10 percent of 
        the costs of the activities assisted under the grant may be 
        provided in-kind, fairly evaluated.
    ``(f) Use of Funds.--An eligible partnership receiving a grant 
under this part, or an eligible school receiving a subgrant under this 
part, shall use grant or subgrant funds, respectively, to carry out 1 
or more of the following activities:
            ``(1) Creating multiple pathways, including the creation of 
        new public schools, that offer students a range of educational 
        options designed to meet the students' needs and interests and 
        to lead to a secondary school diploma consistent with readiness 
        for postsecondary education and the workforce, which pathways 
        may include--
                    ``(A) alternative public schools that--
                            ``(i) use innovative strategies such as 
                        flexible hours;
                            ``(ii) provide competency-based instruction 
                        and performance-based assessment to improve 
                        educational outcomes for various populations of 
                        overaged and undercredited students or 
                        dropouts, such as--
                                    ``(I) students not making 
                                sufficient progress to graduate with a 
                                regular secondary school diploma in the 
                                standard number of years;
                                    ``(II) students who need to work to 
                                support themselves or their families;
                                    ``(III) pregnant and parenting 
                                teens; and
                                    ``(IV) students returning from the 
                                juvenile justice system;
                    ``(B) career and technical education programs;
                    ``(C) career academies;
                    ``(D) early college and dual enrollment learning 
                opportunities; and
                    ``(E) creating more personalized and engaging 
                learning environments for secondary school students, 
                such as--
                            ``(i) establishing smaller learning 
                        communities;
                            ``(ii) creating student advisories and 
                        developing peer engagement strategies in which 
                        students lead guidance activities, mentoring, 
                        or tutoring efforts;
                            ``(iii) involving students and parents in 
                        the development of individualized student plans 
                        for secondary school success and graduation and 
                        postsecondary transition;
                            ``(iv) creating mechanisms for increased 
                        student participation in school improvement 
                        efforts and in decisions affecting the 
                        students' own learning; and
                            ``(v) creating new opportunities to better 
                        utilize the grade 11 and grade 12 years and 
                        creating better connectivity to postsecondary 
                        education.
            ``(2) Creating expanded learning time opportunities, which 
        may include--
                    ``(A) establishing a mandatory expanded day, for 
                all students transitioning into the first year of high 
                school, for academic catch-up and enrichment;
                    ``(B) providing arts or service learning 
                opportunities with community-based cultural and civic 
                organizations; and
                    ``(C) providing higher education and work-based 
                exposure, experience, and credit-bearing learning 
                opportunities in partnership with postsecondary 
                institutions and the workforce.
            ``(3) Improving student transitions from middle school to 
        high school and ensuring successful entry into high school, 
        which may include--
                    ``(A) establishing summer transition programs for 
                secondary school students transitioning from middle 
                school to high school to ensure the students' 
                connection to the students' new high school and to 
                orient the students to the study skills and social 
                skills necessary for success in the high school;
                    ``(B) providing for the sharing of data between 
                high schools and feeder middle schools;
                    ``(C) establishing quick response and recovery 
                programs in high school for secondary school students 
                transitioning into the students' first year of high 
                school so that such students do not become truant or 
                fall too far behind in academics;
                    ``(D) increasing the level of student supports, 
                including academic and social-emotional supports, 
                especially for struggling students; and
                    ``(E) aligning academic standards, curricula, and 
                assessments between middle and high schools.
            ``(4) Improving student transitions from secondary school 
        to postsecondary education and the workforce, which may 
        include--
                    ``(A) providing for the sharing of data between 
                secondary schools and institutions of higher education;
                    ``(B) enabling dual enrollment and credit-bearing 
                learning opportunities;
                    ``(C) establishing one or more early college 
                secondary schools that offer students a secondary 
                school diploma and not more than 2 years of college 
                credit within a 4- or 5-year program;
                    ``(D) providing enhanced higher education and 
                financial aid counseling; and
                    ``(E) aligning the academic standards of secondary 
                school with the academic standards of postsecondary 
                education and the requirements and expectations of the 
                workforce.
            ``(5) Increasing the autonomy and flexibility of secondary 
        schools, which may include--
                    ``(A) establishing a process whereby existing 
                schools can apply for flexibility in such areas as 
                scheduling, curricula, budgeting, and governance; and
                    ``(B) starting new small public secondary schools 
                that are guaranteed such autonomies.
            ``(6) Improving learning opportunities for secondary school 
        students in rural schools, including through the use of 
        distance-learning opportunities and other technology-based 
        tools.
            ``(7) Redesigning a middle school--
                    ``(A) to prevent student disengagement and improve 
                achievement; and
                    ``(B) to better respond to early warning signs that 
                students are at risk of dropping out of school, such as 
                poor attendance, poor behavior, or course failure.
            ``(8) Improving teaching and increasing academic rigor at 
        the secondary school level, which may include--
                    ``(A) improving the alignment of academic standards 
                with the requirements and expectations of postsecondary 
                education and the workforce;
                    ``(B) improving the teaching and assessment of 21st 
                century skills, including through the development of 
                formative assessment models;
                    ``(C) increasing community involvement, including 
                leveraging community-based services and opportunities 
                to provide every student with the academic and 
                nonacademic supports necessary for academic success;
                    ``(D) increasing parental involvement, including 
                providing parents with the tools to navigate, support, 
                and influence their child's academic career and choices 
                through secondary school graduation and into 
                postsecondary education and the workforce; and
                    ``(E) addressing the learning needs of various 
                student populations, including students who are limited 
                English proficient, late entrant English language 
                learners, and students with disabilities.
    ``(g) Data Collection and Evaluation.--
            ``(1) Collection of data.--Each eligible partnership 
        receiving a grant under this part shall collect and report 
        annually to the Secretary such information on the results of 
        the activities assisted under the grant as the Secretary may 
        reasonably require, including information on--
                    ``(A) the number and percentage of students who--
                            ``(i) are served by the eligible 
                        partnership;
                            ``(ii) are assisted under this part; and
                            ``(iii) graduate from secondary school with 
                        a regular secondary school diploma in the 
                        standard number of years;
                    ``(B) the number and percentage of students, at 
                each grade level, who are--
                            ``(i) served by the eligible partnership;
                            ``(ii) assisted under this part; and
                            ``(iii) on track to graduate from secondary 
                        school with a regular secondary school diploma 
                        in the standard number of years;
                    ``(C) the number and percentage of students, at 
                each grade level, who--
                            ``(i) are served by the eligible 
                        partnership;
                            ``(ii) are assisted under this part; and
                            ``(iii) meet or exceed State challenging 
                        student academic achievement standards in 
                        mathematics, reading or language arts, or 
                        science, as measured by the State academic 
                        assessments under section 1111(b)(3);
                    ``(D) information consistent with the additional 
                indicators of improvement proposed by the eligible 
                partnership in the grant application; and
                    ``(E) other information the Secretary may require 
                as necessary for the evaluation described in subsection 
                (h).
            ``(2) Reporting of data.--Each eligible partnership 
        receiving a grant under this part shall disaggregate the 
        information required under paragraph (1) in the same manner as 
        information is disaggregated under section 1111(h)(1)(C)(i).
            ``(3) Evaluation.--
                    ``(A) In general.--Each eligible partnership 
                receiving a grant under this part shall enter into a 
                contract with an outside evaluator to enable the 
                evaluator to conduct--
                            ``(i) an evaluation of the effectiveness of 
                        the grant after the third year of 
                        implementation of the grant; and
                            ``(ii) an evaluation of the effectiveness 
                        of the grant after the final year of the grant 
                        period.
                    ``(B) Distribution.--Upon completion of an 
                evaluation described in subparagraph (A), the eligible 
                partnership shall submit a copy of the evaluation to 
                the Secretary in a timely manner.
    ``(h) Evaluation; Best Practices.--
            ``(1) In general.--From amounts reserved under subsection 
        (b), the Secretary shall--
                    ``(A) enter into a contract with an outside 
                evaluator to enable the evaluator to conduct--
                            ``(i) a comprehensive evaluation after the 
                        third year of implementation on the 
                        effectiveness of all grants awarded under this 
                        part; and
                            ``(ii) a final evaluation following the 
                        final year of the grant period with a focus on 
                        improvement in student achievement as a result 
                        of innovative strategies; and
                    ``(B) disseminate best practices in improving the 
                achievement of secondary school students.
            ``(2) Peer review.--
                    ``(A) In general.--An evaluator receiving a 
                contract under this subsection shall--
                            ``(i) establish a peer-review process to 
                        assist in the review and approval of the 
                        evaluations conducted under this subsection; 
                        and
                            ``(ii) appoint individuals to the peer-
                        review process who are educators and experts 
                        in--
                                    ``(I) research and evaluation; and
                                    ``(II) the areas of expertise 
                                described in subclauses (I) through (V) 
                                of subsection (d)(1)(B)(i).
                    ``(B) Restrictions on use.--The Secretary shall not 
                distribute or use the results of any evaluation 
                described in paragraph (1)(A) until the results are 
                peer-reviewed in accordance with subparagraph (A).
    ``(i) Continuation of Funding.--An eligible partnership that 
receives a grant under this part shall only be eligible to receive a 
grant payment for a fourth or fifth year of the grant if the Secretary 
determines, on the basis of the evaluation of the grant under 
subsection (h)(1)(A)(i), that the performance of the eligible 
partnership under the grant has been satisfactory.
    ``(j) Rule of Construction Regarding Discrimination.--Nothing in 
this section shall be construed to permit discrimination on the basis 
of race, color, religion, sex, national origin, or disability in any 
program or activity funded under this part.

``SEC. 1854. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this part 
$500,000,000 for fiscal year 2008 and for each of the succeeding 5 
years.''.
    (b) Conforming Amendments.--The table of contents in section 2 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
note) is amended--
            (1) by striking the item relating to Part I and inserting 
        the following:

                    ``Part J--General Provisions'';

        and
            (2) by inserting after the item relating to section 1830 
        the following:

               ``Part I--Secondary School Innovation Fund

``Sec. 1851. Purposes.
``Sec. 1852. Definitions.
``Sec. 1853. Secondary school innovation fund.
``Sec. 1854. Authorization of appropriations.''.
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