II 110th CONGRESS 1st Session S. 116 IN THE SENATE OF THE UNITED STATES January 4, 2007 Mr. Obama (for himself and Ms. Mikulski) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize resources to provide students with opportunities for summer learning through summer learning grants.

1.

Short title

This Act may be cited as the Summer Term Education Programs for Upward Performance Act of 2007 or the STEP UP Act of 2007.

2.

Findings

Congress finds the following: (1)All students experience learning losses when they do not engage in educational activities during the summer. (2)Students on average lose more than 1 month's worth of academic skills, and 2 months or more in mathematics facts and skills, during the summer. (3)The impact of summer learning loss is greatest for children living in poverty, for children with learning disabilities, and for children who do not speak English at home. (4)While middle-class children’s test scores plateau or even rise during the summer months, scores plummet for children living in poverty. Disparities grow, so that reading scores of disadvantaged students can fall more than 2 months behind the scores of their middle-class peers each summer during the elementary school years. (5)Summer learning losses by children living in poverty accumulate over the elementary school years, so that their achievement scores fall further and further behind the scores of their more advantaged peers as the children progress through school. (6)Analysis by Professor Karl Alexander and his colleagues demonstrates that summer learning differences during the elementary school years substantially account for achievement-related differences later in students’ lives, including rates of secondary school completion. (7)This summer slide is costly for American education. Analysis by Professor Harris Cooper and his colleagues demonstrates that over 2 months of instruction is lost each school year due to re-teaching material from the previous year. (8)Analysis of summer learning programs using independent randomized controlled trials has demonstrated their impact and effectiveness. Students participating in the BELL summer programs in Boston, New York, and Washington, DC, improved their reading skills by approximately 1 month, took part in more academic activities, read more books, and were encouraged to read more by their parents. A randomized, 3-year longitudinal study of the Teach Baltimore Summer Academy, designed by the Center for Summer Learning, demonstrates that students attending a multi-year summer intervention return to school having gained close to ½ year in reading comprehension and vocabulary. (9)Summer learning programs are proven to remedy, reinforce, and accelerate learning, and can serve to close the achievement gap in education.

3.

Purpose

The purpose of this Act is to create opportunities for summer learning by providing summer learning grants to eligible students, in order to— (1)provide the students with access to summer learning; (2)facilitate the enrollment of students in elementary schools or youth development organizations during the summer; (3)promote collaboration between teachers and youth development professionals in order to bridge gaps between schools and youth programs; and (4)encourage teachers to try new techniques, acquire new skills, and mentor new colleagues.

4.

Definitions

In this Act: (1)

Educational service agency

The term educational service agency has the meaning given the term 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 an entity that— (A)desires to participate in a summer learning grant program under this Act by providing summer learning opportunities described in section 6(d)(1)(B) to eligible students; and (B)is— (i)a local educational agency; (ii)a for-profit educational provider, nonprofit organization, or summer enrichment camp, that has been approved by the State educational agency to provide the summer learning opportunity described in section 6(d)(1)(B), including an entity that is in good standing that has been previously approved by a State educational agency to provide supplemental educational services; or (iii)a consortium consisting of a local educational agency and 1 or more of the following entities: (I)Another local educational agency. (II)A community–based youth development organization with a demonstrated record of effectiveness in helping students learn. (III)An institution of higher education. (IV)An educational service agency. (V)A for-profit educational provider described in clause (ii). (VI)A nonprofit organization described in clause (ii). (VII)A summer enrichment camp described in clause (ii). (3)

Eligible student

The term eligible student means a student who— (A)is eligible for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B)is served by a local educational agency identified by the State educational agency in the application described in section 5(b); or (C)(i)in the case of a summer learning grant program authorized under this Act for fiscal year 2008, 2009, or 2010, is eligible to enroll in any of the grades kindergarten through grade 3 for the school year following participation in the program; or (ii)in the case of a summer learning grant program authorized under this Act for fiscal year 2011 or 2012, is eligible to enroll in any of the grades kindergarten through grade 5 for the school year following participation in the program. (4)

Institution of higher education

The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5)

Local educational agency

The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (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, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (8)

State educational agency

The term State educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

5.

Demonstration grant program

(a)

Program authorized

(1)

In general

From the funds appropriated under section 8 for a fiscal year, the Secretary shall carry out a demonstration grant program in which the Secretary awards grants, on a competitive basis, to State educational agencies to enable the State educational agencies to pay the Federal share of summer learning grants for eligible students. (2)

Number of grants

For each fiscal year, the Secretary shall award not more than 5 grants under this section. (b)

Application

A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall identify the areas in the State where the summer learning grant program will be offered and the local educational agencies that serve such areas. (c)

Award basis

(1)

Special consideration

In awarding grants under this section, the Secretary shall give special consideration to a State educational agency that agrees, to the extent possible, to enter into agreements under section 6(d) with eligible entities that are consortia described in section 4(2)(B)(iii) and that include 2 or more of the entities described in subclauses (I) through (VII) of such section 4(2)(B)(iii) as partners. (2)

Geographic distribution

In awarding grants under this section, the Secretary shall take into consideration an equitable geographic distribution of the grants.

6.

Summer learning grants

(a)

Use of grants for summer learning grants

(1)

In general

Each State educational agency that receives a grant under section 5 for a fiscal year shall use the grant funds to provide summer learning grants for the fiscal year to eligible students in the State who desire to attend a summer learning opportunity offered by an eligible entity that enters into an agreement with the State educational agency under subsection (d)(1). (2)

Amount; federal and non-federal shares

(A)

Amount

The amount of a summer learning grant provided under this Act shall be— (i)for each of the fiscal years 2008 through 2011, $1,600; and (ii)for fiscal year 2012, $1,800. (B)

Federal share

The Federal share of each summer learning grant shall be not more than 50 percent of the amount of the summer learning grant determined under subparagraph (A). (C)

Non-federal share

The non-Federal share of each summer learning grant shall be not less than 50 percent of the amount of the summer learning grant determined under subparagraph (A), and shall be provided from non-Federal sources, such as State or local sources. (b)

Designation of summer scholars

Eligible students who receive summer learning grants under this Act shall be known as summer scholars. (c)

Selection of summer learning opportunity

(1)

Dissemination of information

A State educational agency that receives a grant under section 5 shall disseminate information about summer learning opportunities and summer learning grants to the families of eligible students in the State. (2)

Application

The parents of an eligible student who are interested in having their child participate in a summer learning opportunity and receive a summer learning grant shall submit an application to the State educational agency that includes a ranked list of preferred summer learning opportunities. (3)

Process

A State educational agency that receives an application under paragraph (2) shall— (A)process such application; (B)determine whether the eligible student shall receive a summer learning grant; (C)coordinate the assignment of eligible students receiving summer learning grants with summer learning opportunities; and (D)if demand for a summer learning opportunity exceeds capacity— (i)in a case where information on the school readiness (based on school records and assessments of student achievement) of the eligible students is available, give priority for the summer learning opportunity to eligible students with low levels of school readiness; or (ii)in a case where such information on school readiness is not available, rely on randomization to assign the eligible students. (4)

Flexibility

A State educational agency may assign a summer scholar to a summer learning opportunity program that is offered in an area served by a local educational agency that is not the local educational agency serving the area where such scholar resides. (5)

Requirement of acceptance

An eligible entity shall accept, enroll, and provide the summer learning opportunity of such entity to, any summer scholar assigned to such summer learning opportunity by a State educational agency pursuant to this subsection. (d)

Agreement with eligible entity

(1)

In general

A State educational agency shall enter into an agreement with the eligible entity offering a summer learning opportunity, under which— (A)the State educational agency shall agree to make payments to the eligible entity, in accordance with paragraph (2), for a summer scholar; and (B)the eligible entity shall agree to provide the summer scholar with a summer learning opportunity that— (i)provides a total of not less than the equivalent of 30 full days of instruction (or not less than the equivalent of 25 full days of instruction, if the equivalent of an additional 5 days is devoted to field trips or other enrichment opportunities) to the summer scholar; (ii)employs small-group, research-based educational programs, materials, curricula, and practices; (iii)provides a curriculum that— (I)emphasizes reading and mathematics; (II)is primarily designed to increase the literacy and numeracy of the summer scholar; and (III)is aligned with the standards and goals of the school year curriculum of the local educational agency serving the summer scholar; (iv)applies assessments to measure the skills taught in the summer learning opportunity and disaggregates the results of the assessments for summer scholars by race and ethnicity, economic status, limited English proficiency status, and disability category, in order to determine the opportunity's impact on each subgroup of summer scholars; (v)collects daily attendance data on each summer scholar; and (vi)meets all applicable Federal, State, and local civil rights laws. (2)

Amount of payment

(A)

In general

Except as provided in subparagraph (B), a State educational agency shall make a payment to an eligible entity for a summer scholar in the amount determined under subsection (a)(2)(A). (B)

Adjustment

In the case in which a summer scholar does not attend the full summer learning opportunity, the State educational agency shall reduce the amount provided to the eligible entity pursuant to subparagraph (A) by a percentage that is equal to the percentage of the summer learning opportunity not attended by such scholar. (e)

Use of school facilities

State educational agencies are encouraged to require local educational agencies in the State to allow eligible entities, in offering summer learning opportunities, to make use of school facilities in schools served by such local educational agencies at reasonable or no cost. (f)

Access of records

An eligible entity offering a summer learning opportunity under this Act is eligible to receive, upon request, the school records and any previous supplemental educational services assessment records of a summer scholar served by such entity. (g)

Administrative costs

A State educational agency or eligible entity receiving funding under this Act may use not more than 5 percent of such funding for administrative costs associated with carrying out this Act.

7.

Evaluations; report; website

(a)

Evaluation and assessment

For each year that an eligible entity enters into an agreement under section 6(d), the eligible entity shall prepare and submit to the Secretary a report on the activities and outcomes of each summer learning opportunity that enrolled a summer scholar, including— (1)information on the design of the summer learning opportunity; (2)the alignment of the summer learning opportunity with State standards; and (3)data from assessments of student mathematics and reading skills for the summer scholars and on the attendance of the scholars, disaggregated by the subgroups described in section 6(d)(1)(B)(iv). (b)

Report

For each year funds are appropriated under section 8 for this Act, the Secretary shall prepare and submit a report to Congress on the summer learning grant programs, including the effectiveness of the summer learning opportunities in improving student achievement. (c)

Summer learning grants website

The Secretary shall make accessible, on the Department of Education website, information for parents and school personnel on successful programs and curricula, and best practices, for summer learning opportunities.

8.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2008 and such sums as may be necessary for each of the fiscal years 2009 through 2012.