Short title

This Act may be cited as the

After School Partnerships Improve Results in Education Act

ASPIRE

Findings

Congress finds the following: (1)Nearly 14,000,000 students have no place to go after school hours, which are associated with high rates of juvenile crime. (2)Studies show that almost one-third of all public high school students in the United States fail to graduate. (3)High school dropouts on average earn less than high school graduates and are more likely to be unemployed. (4)High dropout rates have a significant effect on communities through loss of productivity and revenues, and higher costs associated with incarceration, health care, and social services. (5)Students consistently cite a lack of interest in core curriculum and a lack of relevancy to their future careers as the major reason for dropping out of high school. (6)It is in the best interest of the United States to ensure students are qualified to compete in the global economy. (7)Eighty percent of jobs are classified as skilled and only 32 percent of high school graduates are prepared for college. (8)Microsoft’s Bill Gates warned that American companies face a severe shortfall of scientists and engineers with expertise to develop the next generation of breakthroughs. (9)Business leaders have stated that a qualified workforce is important to keeping jobs in the United States. (10)Corporate Voices for Working Families has called for public and private efforts to create after-school programs in which young people can develop skills for the 21st century. (11)Opportunities for real-world learning and seeing the connection between school and getting a good job improves students’ chances of staying in school. (12)Students involved in after-school programs have significantly higher attendance rates, score higher on mathematics and writing assessments, and are more likely to graduate from high school than those who are not involved in such programs. (13)Reinforcing core curriculum by integrating academic work within alternative course material can lead to significant improvements in student achievement and engagement, as was shown by the National Research Center for Career and Technical Education. (14)After-school programs and community partnerships offer youth opportunities to develop social and citizenship skills, and to have access to a variety of mentors and role models from their own communities. (15)After-school programs can also provide youth who have extra time for the academic enrichment, career exploration, and skills development they need to succeed.

Purposes

The purposes of this Act are to establish and to expand after-school programs (and other similar programs)— (1)to improve high school student academic achievement, overall school success, and graduation rates by reinforcing core curriculum; (2)to increase student knowledge of, and interest in, high-demand career opportunities; (3)to increase student engagement in learning by demonstrating how academic content relates to career opportunities, providing opportunities for civic engagement and service learning, and providing students with marketable skills; and (4)to provide opportunities for students to broaden their curriculum, to expose students to learning opportunities outside of their core curriculum of study, and to provide opportunities for students to gain credit towards graduation through learning outside the traditional classroom.

National Model after-school Interdisciplinary Education Program Grants

(a)

Grants authorized

(1)

In general

From the amounts made available to carry out this section, the Secretary of Education shall award grants, on a competitive basis, to eligible entities to establish or to expand, in accordance with section 8, national model after-school interdisciplinary education programs that would serve to expand the knowledge base for other after-school interdisciplinary education programs and to disseminate effective practices. (2)

Duration of grants

Each grant awarded under this section shall be for a period of not less than 3 years and not more than 5 years and shall be renewable, based on grant performance, for a period of not less than 3 years and not more than 5 years. (3)

Grant amounts

The grant amounts awarded pursuant to this section may not be less than $5,000,000 total for all grant years. (4)

Required match

Eligible entities shall match the grant amount with private funding on an equal basis. (b)

Application

To qualify to receive a grant under this section, an eligible entity shall submit an application to the Secretary in such form and manner as the Secretary may specify, and containing the information described in section 7. (c)

Priority

In awarding grants under this section, the Secretary shall give priority to applications that propose to target services to— (1)a high percentage of students who— (A)are from low income families; (B)are struggling students; or (C)attend schools located in a rural, sparsely populated area; and (2)the families of students described in subparagraph (1).

State grants

(a)

In general

The Secretary shall award grants in accordance with the allotments under subsection (b) to each State with an approved application. (b)

Allotments

(1)

Formula

From the amounts made available to carry out this section and remaining after the Secretary makes a reservation under subsection (d), the Secretary shall allot to each State for each fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2)

Reallotment of unused funds

If a State does not receive an allotment under this section for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c)

Application and Application Procedures

(1)

Application Requirements

In order to receive a grant under this section for any fiscal year, a State shall submit to the Secretary, in such form and manner as the Secretary may require, an application that— (A)designates the State educational agency in such State as the agency responsible for the administration and supervision of programs assisted under this Act; (B)describes how the State educational agency will use funds received under this Act, including funds reserved for State-level activities; (C)contains an assurance that the State educational agency will make subgrants under section 6 only to eligible partnerships that propose to serve— (i)a high percentage of students who— (I)are from low income families; (II)are struggling students; or (III)attend schools located in a rural, sparsely populated area; and (ii)the families of students described in clause (i); (D)describes the procedures and criteria the State educational agency will use for reviewing applications and awarding subgrants under section 6 to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed program will help participating students meet local content and student academic achievement standards; (E)describes how the State educational agency will ensure that subgrant awards made under this section 6 are— (i)of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this Act; and (ii)in amounts that are consistent with section 6(a)(4); (F)describes the steps the State educational agency will take to ensure that such programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, and dissemination of promising practices; (G)describes how programs under section 6 will be coordinated with programs under this Act, and other programs as appropriate; (H)contains an assurance that the State educational agency— (i)will make awards for subgrants under section 6 for a period of not less than 3 years and not more than 5 years and that are renewable, based on grant performance, for a period of not less than 3 years and not more than 5 years; and (ii)will require each eligible entity seeking such subgrant to submit a plan describing how the program funded through such subgrant will continue after funding under this Act ends; (I)contains an assurance that funds appropriated to carry out this section will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this Act and other similar programs; (J)contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 7 how the transportation needs of participating students will be addressed; (K)contains an assurance that the State’s application was developed in consultation and coordination with appropriate State officials, including the chief State school officer and the State director of career technical education, and other State agencies administering before and after school (or summer school) programs, and representatives of teacher organizations, parents, students, the business community, community-based organizations, and labor unions; (L)describes the results of the State’s needs and resources assessment for before- and after-school activities, which shall be based on the results of on-going State evaluation activities; (M)describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under section 6, which shall include, at a minimum— (i)a description of the performance indicators and performance measures that will be used to evaluate programs and activities; and (ii)public dissemination of the evaluations of programs and activities carried out under section 6; and (N)provides for timely public notice of intent to file an application under this section and an assurance that the application will be available for public review after submission. (2)

Application Procedures

(A)

Deemed Approval

An application submitted by a State pursuant to paragraph (1) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this section. (B)

Disapproval

The Secretary shall not finally disapprove the application, except after giving the State notice and an opportunity for a hearing. (C)

Notification

If the Secretary finds that the application is not in compliance, in whole or in part, the Secretary shall— (i)give the State notice and an opportunity for a hearing; and (ii)notify the State of the finding of noncompliance, and, in such notification— (I)cite the specific provisions in the application that are not in compliance; and (II)request additional information (only as to the noncompliant provisions) needed to make the application compliant. (D)

Response

If the State responds to the Secretary’s notification described in subparagraph (C) during the 45-day period beginning on the date on which the State received the notification by resubmitting the application with the requested information described in subparagraph (C)(ii)(II), the Secretary shall approve or disapprove such application prior to the later of— (i)the expiration of the 45-day period beginning on the date on which the State resubmits the application; or (ii)the expiration of the 120-day period described in subparagraph (A). (E)

Failure to respond

If the State does not respond to the Secretary’s notification described in subparagraph (C) during the 45-day period beginning on the date on which the State received the notification, such application shall be deemed to be disapproved. (d)

Reservation

From the amounts appropriated under section 11 for this section, the Secretary shall reserve at least 1 percent but not more than 5 percent for payments to the Bureau of Indian Affairs, to be allotted in accordance with its respective needs for assistance under this Act, as determined by the Secretary, to enable the Bureau of Indian Affairs to carry out the purposes of this Act. (e)

State use of funds

(1)

Awarding of subgrants

Each State that receives a grant under this section shall reserve not less than 93 percent of such grant for subgrant awards to eligible entities under section 6. (2)

State administration

A State may use not more than 2 percent of the amount made available to such State under subsection (b) for— (A)the administrative costs of carrying out its responsibilities under this section and section 6; (B)establishing and implementing a peer review process for subgrant applications submitted under section 6 (including consultation with other State agencies responsible for administering youth development programs and adult learning activities); and (C)supervising the awarding of subgrants to eligible entities under section 6 (including consultation with other State agencies responsible for administering youth development programs and adult learning activities). (3)

State activities

(A)

In general

A State may use up to 5 percent of the amount made available to the State under subsection (b) for the following activities: (i)Monitoring and evaluation of programs and activities assisted under section 6. (ii)Providing capacity building, training, and technical assistance under section 6. (iii)Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under section 6. (iv)Providing training and technical assistance to eligible entities who are applicants for, or recipients of, subgrants under section 6. (v)Supporting State-level efforts and infrastructure to ensure the quality and availability of after-school programs. (B)

Reporting requirement

Not later than 2 years after the date of the enactment of this Act, and annually thereafter, each State using funds under paragraph (A) shall report to the Secretary how such funds are spent.

Subgrants to eligible entities for after-school interdisciplinary education programs

(a)

Authorization of grants

(1)

In general

A State (acting through the State educational agency in such State) that receives funds under section 5 shall award subgrants to eligible entities to expand and to establish after-school interdisciplinary education programs in accordance with section 8. (2)

Eligible entities

To qualify for a subgrant under this section, an eligible entity shall not have received a grant under section 4. (3)

Duration of awards

Subgrants awarded under this section may be awarded for a period of not less than 3 years and not more than 5 years and are renewable, based on grant performance, for a period of not less than 3 years and not more than 5 years. (4)

Amount of awards

A subgrant awarded under this section shall be not less than $50,000 per grant year. (5)

Priority

(A)

In general

In awarding subgrants under this section, a State shall give priority to applications— (i)proposing to serve— (I)a high percentage of students who— (aa)are from low income families; (bb)are struggling students; or (cc)attend schools located in a rural, sparsely populated area, and (II)the families of students described in clause (i); or (ii)submitted by an eligible entity consisting of not less than one local educational agency serving a middle school or high school that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (B)

Special rule

The State shall provide the same priority under subparagraph (A) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this section. (C)

Geographic diversity

To the extent practicable, a State shall distribute subgrant funds under this section equitably among geographic areas within a State, including urban and rural communities. (b)

Application

(1)

In general

To qualify to receive a subgrant under this section, an eligible entity shall submit an application to the State in such form and manner as the State may specify, and containing the information described in section 7. (2)

Approval of certain applications

The State may approve an application under this section for a program to be located in a facility other than a secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in a secondary school. (3)

Peer Review

In reviewing applications under this section, a State shall use a peer review process or other method of assuring the quality of such applications in accordance with section 5(c)(1)(D). (c)

Permissive local match

(1)

In general

A State may require an eligible entity to match funds awarded under this section, except that such match may not exceed the amount of the subgrant award and may not be derived from other Federal or State funds. (2)

Sliding scale

The amount of a match under paragraph (1) shall be established based on a sliding fee scale that takes into account— (A)the relative poverty of the population to be targeted by the eligible entity; and (B)the ability of the eligible entity to obtain such matching funds. (3)

In-kind contributions

Each State that requires an eligible entity to match funds under this section shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions. (4)

Consideration

Notwithstanding this subsection, a State shall not consider an eligible entity’s ability to match funds when determining which eligible entities will receive subgrants under this section.

Application Requirements for Eligible Entities

To receive a grant under section 4 or a subgrant under section 6, an eligible entity shall submit an application that includes— (1)a description of the programs and activities to be funded, including— (A)an assurance that the programs and activities will take place in a safe and easily accessible facility; (B)a description of how students participating in the programs and activities will travel safely to and from the location of the programs; and (C)a description of how the eligible entity will disseminate information about the programs and activities (including their locations) to the community in a manner that is understandable and accessible; (2)a description of how the programs and activities are expected to meet the purposes outlined in section 3; (3)an identification of Federal, State, and local programs that will be combined or coordinated with the proposed programs and activities to make the most effective use of public resources; (4)an assurance that the proposed programs and activities were developed, and will be carried out, in active collaboration with the schools the students attend; (5)a description of how the programs and activities will meet the principles of effectiveness described in section 8(b); (6)an assurance that the programs and activities will primarily target students who are from low income families or are struggling students and the families of such students; (7)an assurance that funds under this Act will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this Act, be made available for programs and activities authorized under this Act, and in no case supplant Federal, State, local, or non-Federal funds; (8)a description of the partnership between a local educational agency serving a high school or middle school and a career technical student organization, institution of higher education or tribal college, nonprofit organization, community-based organization, tribal organization, business, or labor union; (9)a description of a preliminary plan for how the proposed programs and activities will continue after funding under this Act ends; (10)an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; and (11)such other information and assurances as the State may reasonably require.

Required Uses

(a)

Required activities

(1)

In general

Each eligible entity that receives a grant under section 4 or a subgrant under section 6 shall use the funds to expand and to establish after-school programs and activities that meet the purposes outlined in section 3, including— (A)not less than one— (i)mathematics and science education activity; (ii)language arts, writing, and reading activity; or (iii)history, geography, or social studies activity; and (B)not less than one— (i)career technical education activity; (ii)business and entrepreneurial education program; (iii)health and wellness activity; (iv)environmental and conservation activity; or (v)arts and music education activity. (2)

Activity and Program Times

In addition to after school, the activities and programs described in paragraph (1) may take place before school, or at any other time that school is not in session, including on weekends and during vacation and summer recess periods. (b)

Principles of effectiveness

(1)

In general

Each program or activity developed under this Act shall meet principles of effectiveness that are— (A)based upon an assessment of objective data regarding the need for the programs and activities described in subsection (a), including activities in the schools and communities; (B)based upon an established set of performance measures, including academic, social, and behavioral measures, aimed at ensuring opportunities for high-quality academic enrichment; and positive youth development; and (C)if appropriate, based upon scientifically based research that provides evidence that such programs or activities will help students improve academic achievement, deepen student engagement in learning, and promote positive youth development. (2)

Periodic evaluation

(A)

In general

Each program or activity developed under this Act shall undergo a periodic evaluation to assess its progress toward achieving its goal of providing high quality opportunities for academic enrichment and positive youth development. (B)

Use of results

The results of evaluations under subparagraph (A) shall be— (i)used to refine, improve, and strengthen each program or activity, and to refine the performance measures; and (ii)made available to the public upon request, with public notice of such availability provided.

Secretarial peer review and approval

The Secretary shall establish— (1)a peer-review process to assist in the review and approval of grant applications submitted under section 4 and State applications submitted under section 5; and (2)appoint individuals to the peer-review process who are educators and experts in educational standards, assessments, accountability, high school improvement, youth development, dropout prevention, and other educational needs of high school students.

10.

National Activities

(a)

National Activities

From the amounts made available to carry out this section, the Secretary shall carry out national activities (directly or through grants and contracts), such as providing technical assistance (as described in subsection (b)) to States or eligible entities carrying out programs or activities under this Act or conducting a national evaluation of the effectiveness of programs and activities assisted under this Act. (b)

Technical Assistance

The Secretary is authorized to provide technical assistance to States and eligible entities carrying out programs and activities under this Act, such as— (1)conducting outreach to ensure widespread knowledge of the availability of such programs and activities; (2)annually convening participating States, eligible entities, and organizations providing support to such States and eligible entities to provide training and education on best practices; (3)disseminating information on best practices and successful program models for serving high school youth; and (4)providing capacity building and training to ensure high quality programming.

11.

Regulations

The Secretary is authorized to prescribed regulations necessary to implement this Act.

12.

Authorization of Appropriations

(a)

Authorization of appropriations

There are authorized to be appropriated to the Secretary $250,000,000 for fiscal year 2009, and such sums as may be necessary for each succeeding fiscal year. (b)

Allocations

Of the amounts appropriated under subsection (b), the Secretary shall allocate— (1)45 percent for grants under section 4; (2)45 percent for grants under section 5; and (3)10 percent for national activities under section 10.

13.

Limitation on Authority

Any new spending authority or new authority to enter into contracts provided by this Act, and under which the United States is obligated to make outlays, shall be effective only to the extent, and in such amounts, as are provided in advance in appropriations Acts.

14.

Definitions

In this Act: (1)

In general

The terms local educational agency, secondary school, and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2)

Eligible entity

The term eligible entity means a partnership that includes— (A)not less than 1— (i)State educational agency; or (ii)local educational agency serving a high school or middle school; and (B)not less than 1— (i)career technical student organization; (ii)institution of higher education or tribal college; (iii)nonprofit organization; (iv)community-based organization; (v)tribal organization; (vi)business; or (vii)labor union. (3)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4)

National model after-school interdisciplinary education program

The term national model after-school interdisciplinary education program means a high quality, multisite after-school program, including a program that operates in multiple States. (5)

Struggling student

The term struggling studentmeans a high school-aged student who is not making sufficient progress toward graduating from secondary school with a regular diploma in the standard number of years; and includes a student who— (A)has been retained in grade level; (B)is a high school student who lacks either the necessary credits or courses, as determined by the local educational agency or State educational agency serving such student, to graduate from secondary school with a regular diploma in the standard number of years; or (C)is a high school student who— (i)enters a school served by a local educational agency at grade 9 or higher; and (ii)is identified by the local educational agency as being limited English proficient and as having experienced interrupted formal education. (6)

Secretary

The term Secretary means the Secretary of Education. (7)

State

The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau.