[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2053 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2053

 To amend part A of title I of the Elementary and Secondary Education 
       Act of 1965 to improve elementary and secondary education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2007

Mr. Feingold (for himself and Mr. Leahy) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend part A of title I of the Elementary and Secondary Education 
       Act of 1965 to improve elementary and secondary education.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving Student 
Testing Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. State and local flexibility in assessment and accountability 
                            models.
Sec. 6. Privacy protections for data systems.
Sec. 7. Timeline.
Sec. 8. Improvements to the peer review process.
Sec. 9. Disaggregation of graduation rates.
Sec. 10. Competitive grants for creating and implementing better 
                            assessments.
Sec. 11. Competitive grants for increasing capacity at the State and 
                            local level.
Sec. 12. International Trade Administration offset.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or revision is expressed in terms of an amendment to, or 
revision of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) State and local governments bear the majority of the 
        cost of and responsibility for educating public elementary 
        school and secondary school students.
            (2) State and local governments often struggle to find 
        adequate funding to provide basic educational services.
            (3) The Federal Government has not provided its full share 
        of funding for numerous federally mandated elementary and 
        secondary education programs.
            (4) Underfunded Federal education mandates increase 
        financial pressures on States and local educational agencies.
            (5) States and local educational agencies are facing 
        increased costs when implementing the annual student academic 
        assessments required under section 1111(b)(3)(C)(vii) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(3)(C)(vii)).
            (6) Multiple measures of student academic achievement on 
        various methods of assessment provide a more complete picture 
        of a student's strengths and weaknesses than does a single 
        score on a high stakes standardized test.
            (7) The frequency of using high-quality assessments as a 
        tool to measure student achievement should be decided by State 
        educational agencies and local educational agencies.

SEC. 4. PURPOSES.

    Section 1001 (20 U.S.C. 6301) is amended--
            (1) by redesignating paragraphs (8) through (12) as 
        paragraphs (10) through (14), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) encouraging State educational agencies and local 
        educational agencies to design innovative State assessment 
        systems that include valid and reliable high-quality 
        assessments, including teacher-designed formative assessments, 
        performance-based assessments, portfolio assessments, and other 
        locally designed assessments;
            ``(9) providing additional resources for States to 
        encourage the use of more than high stakes standardized testing 
        in making key decisions about students and schools, including 
        accountability determinations, student promotion and retention 
        decisions, and school funding decisions;''.

SEC. 5. STATE AND LOCAL FLEXIBILITY IN ASSESSMENT AND ACCOUNTABILITY 
              MODELS.

    (a) Changes to Academic Standards.--Section 1111(b)(1)(D) (20 
U.S.C. 6311(b)(1)(D)) is amended--
            (1) in clause (i)(III), by inserting ``, including higher-
        order thinking and analysis skills'' after ``skills''; and
            (2) in clause (ii)(III), by striking ``the lower-
        achieving'' and inserting ``all''.
    (b) Accountability Definition Changes.--Section 1111(b)(2)(A) (20 
U.S.C. 6311(b)(2)(A) is amended--
            (1) in the matter preceding clause (i)--
                    (A) by inserting ``or adequate yearly growth'' 
                after ``progress''; and
                    (B) by striking ``under this paragraph'' and 
                inserting ``in the State plan in accordance with this 
                paragraph and subject to the State's selection of an 
                assessment system described in paragraph (3)(E)''; and
            (2) in clause (iii)--
                    (A) by striking ``sanctions'' and inserting 
                ``proven interventions''; and
                    (B) by inserting ``or adequate yearly growth'' 
                after ``adequate yearly progress''.
    (c) Adequate Yearly Progress Changes.--Section 1111(b)(2) (as 
amended by subsection (b)) (20 U.S.C. 6311(b)(2)) is further amended--
            (1) in subparagraph (B), by inserting ``, and at the 
        State's selection, other academic indicators,'' after 
        ``assessments''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``and'' after the 
                semicolon;
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) in order to provide a more accurate 
                        determination of school improvement and subject 
                        to subparagraph (C)(iv), may elect to use other 
                        academic indicators described in clauses (vi) 
                        or (vii) of subparagraph (C) to determine which 
                        schools and local educational agencies are 
                        identified for school improvement, corrective 
                        action, or restructuring under section 1116; 
                        and''; and
                    (C) by adding at the end the following:
                            ``(iii) shall ensure that assessments 
                        described in paragraph (3) represent not less 
                        than 50 percent of the factors used to 
                        determine how academic achievement is measured 
                        for purposes of determining adequate yearly 
                        progress or adequate yearly growth.''.
    (d) Changes to Annual Measurable Objectives.--Section 1111(b)(2)(G) 
(20 U.S.C. 6311(b)(2)(G)) is amended--
            (1) in clause (iii), by inserting ``, or to meet a certain 
        level of adequate yearly growth,'' after ``proficient level''; 
        and
            (2) in clause (iv), by inserting ``, or definition of 
        adequate yearly growth,'' after ``academic achievement''.
    (e) State Flexibility To Design Growth Models.--Section 1111(b)(2) 
(20 U.S.C. 6311(b)(2)) is further amended by adding at the end the 
following:
                    ``(L) State flexibility to design growth models.--
                            ``(i) In general.--Notwithstanding any 
                        other provisions of this section, in carrying 
                        out this section a State may choose from among 
                        the following statewide accountability models:
                                    ``(I) Status model.--Maintaining 
                                annual assessments under a status 
                                model, as described in subparagraphs 
                                (B) through (K) of this paragraph.
                                    ``(II) Growth model.--Implementing 
                                a growth model accountability system 
                                described in clause (ii).
                                    ``(III) Hybrid model.--Implementing 
                                a hybrid accountability model, 
                                including a combined growth and status 
                                model, if the growth model meets the 
                                requirements described in clause (ii).
                            ``(ii) Requirements for growth models.--A 
                        growth model accountability system referred to 
                        in subclause (II) or (III) of clause (i) shall 
                        meet the following requirements:
                                    ``(I) Valid, reliable, and accurate 
                                measures.--The growth model uses valid, 
                                reliable, and accurate measures.
                                    ``(II) Sufficient technical quality 
                                and capacity.--The growth model has 
                                sufficient technical quality and 
                                technical capacity to ensure the growth 
                                model can function fairly and 
                                accurately for each student.
                                    ``(III) Statewide privacy-protected 
                                data system.--The growth model has a 
                                statewide privacy-protected data system 
                                capable of tracking individual 
                                students' growth.
                                    ``(IV) Annual assessments.--The 
                                State annually assesses students in 
                                grades 3 through 8 and once in grades 9 
                                through 12 and such assessments produce 
                                reliable results in each grade and from 
                                year to year.
                                    ``(V) Performance measures or 
                                growth targets.--The State may set 
                                performance measures or growth targets 
                                based on a student's current academic 
                                level, but may not set performance 
                                measures or growth targets for students 
                                on the basis of the student's 
                                membership in 1 of the groups listed in 
                                subparagraph (C)(v)(II).
                                    ``(VI) Ability to evaluate.--The 
                                State is able to evaluate student gains 
                                or progress in, at a minimum, 
                                mathematics and reading or language 
                                arts.''.
    (f) State Flexibility To Design Assessment Systems.--Section 
1111(b)(3) (20 U.S.C. 6311(b)(3)) is amended by adding at the end the 
following:
                    ``(E) State flexibility to design assessment 
                systems.--
                            ``(i) State assessment systems.--
                                    ``(I) In general.--Notwithstanding 
                                any other provision of this Act, in 
                                carrying out this section a State may 
                                choose to design a statewide assessment 
                                system described in clause (ii) that is 
                                subject to peer review and approval 
                                under subsection (e).
                                    ``(II) Maintaining current 
                                assessment system.--Notwithstanding any 
                                other provision of this Act, a State 
                                may elect to maintain the State's 
                                statewide assessment system in effect 
                                on the day before the date of enactment 
                                of the Improving Student Testing Act of 
                                2007.
                                    ``(III) Consultation.--A State 
                                shall consult with local educational 
                                agencies, principals, teachers, and 
                                parents when designing an assessment 
                                system under this subparagraph.
                            ``(ii) Statewide assessment system 
                        options.--In carrying out this section a State 
                        may choose from among the following statewide 
                        assessment system options:
                                    ``(I) Alternative assessment 
                                models.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), a State may 
                                        conduct statewide assessments 
                                        as described in paragraph (3) 
                                        not less than--

                                                    ``(AA) once in 
                                                grades 3 through 5;

                                                    ``(BB) once in 
                                                grades 6 through 9; and

                                                    ``(CC) once in 
                                                grades 10 through 12.

                                            ``(bb) Special rule.--If a 
                                        State chooses to assess 
                                        statewide in grade-spans, then 
                                        the State is encouraged to use 
                                        more than standardized, point-
                                        in-time assessments to 
                                        determine adequate yearly 
                                        progress or adequate yearly 
                                        growth, and decisions related 
                                        to school improvement, 
                                        corrective action, and 
                                        restructuring under section 
                                        1116.
                                    ``(II) Multiple measures of 
                                assessment.--A State may choose to 
                                implement a system of State or locally 
                                designed or administered formative 
                                assessments, performance assessments, 
                                portfolio assessments, benchmark 
                                assessments, end-of-course 
                                examinations, and other measures of 
                                assessment, as an alternative to or in 
                                conjunction with statewide standardized 
                                assessments, if each such assessment in 
                                the system--
                                            ``(aa) measures higher-
                                        order thinking skills; and
                                            ``(bb) meets the 
                                        requirements of subparagraph 
                                        (C)(xvi).
                                    ``(III) Hybrid assessment model.--A 
                                State may choose to create a hybrid 
                                assessment model composed of statewide 
                                standardized assessments and multiple 
                                measures of assessment described in 
                                subclause (II).''.
    (g) Assessment Changes.--Section 1111(b)(3) (as amended by 
subsection (e)) is further amended--
            (1) in subparagraph (A)--
                    (A) by striking ``, yearly'' after ``high-
                quality''; and
                    (B) by striking ``that will be used as the 
                primary'' and inserting ``, subject to the State's 
                selection of an assessment system under subparagraph 
                (E), that will be used as 1 of the'';
            (2) in subparagraph (C)--
                    (A) in the matter preceding item (aa) of clause 
                (v)(I), by striking ``except as otherwise provided for 
                grades 3 through 8 under clause vii'' and inserting 
                ``subject to a State's selection of an assessment 
                system under subparagraph (E)'';
                    (B) in clause (vii), by striking ``beginning not'' 
                and all that follows through ``through 8 in'' and 
                inserting ``measure the achievement of students against 
                the challenging State academic content and student 
                academic achievement standards in each of the grades 
                assessed in'';
                    (C) in clause (xiv), by striking ``and'' after the 
                semicolon;
                    (D) in clause (xv), by striking the period and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                            ``(xvi) if the State chooses, include other 
                        valid and reliable assessments, including State 
                        or locally designed or administered formative 
                        assessments, performance assessments, portfolio 
                        assessments, benchmark assessments, end-of-
                        course examinations, and other local 
                        assessments, that--
                                    ``(I) are aligned with the State's 
                                academic content standards and student 
                                academic achievement standards;
                                    ``(II) have been approved through 
                                the peer-review process described in 
                                subsection (e);
                                    ``(III) measure higher-order 
                                thinking skills;
                                    ``(IV) produce evidence about 
                                student learning and achievement in a 
                                timely manner; and
                                    ``(V) provide teachers with 
                                meaningful feedback so that the 
                                teachers can modify, improve, and 
                                target instructional strategies based 
                                on individual student need.''.
    (h) Special Rule.--Section 1111(b) (20 U.S.C. 6311(b)) is further 
amended by striking paragraph (4).

SEC. 6. PRIVACY PROTECTIONS FOR DATA SYSTEMS.

    Subpart 1 of part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended by adding at 
the end the following:

``SEC. 1120C. PRIVACY PROTECTIONS FOR DATA SYSTEMS.

    ``(a) In General.--Each State receiving a grant under this part 
shall implement measures to--
            ``(1) limit the use of information in a statewide education 
        data system by a State educational agency, a local educational 
        agency, or an institution of higher education to the purposes 
        and functions for such information set forth in Federal or 
        State education law, and allow access to the information in the 
        statewide education data system only to those State or local 
        employees or agents, and only on such terms, as may be 
        necessary to fulfill those purposes and functions;
            ``(2) prohibit the disclosure of student-level information 
        in the data system to any other person, agency, institution, or 
        entity, except that States may allow the disclosures permitted 
        under section 444 of the General Education Provisions Act in 
        accordance with the limitations set forth in this section and 
        any additional limitations set forth in State law;
            ``(3) require any person, agency, institution, or entity to 
        whom disclosure of information in the data system is authorized 
        under section 444 of the General Education Provisions Act to 
        sign a data use agreement prior to disclosure, that--
                    ``(A) prohibits the party from further disclosing 
                the information;
                    ``(B) prohibits the party from using the 
                information for any purpose other than the purpose 
                specified in the agreement; and
                    ``(C) requires the party to destroy the information 
                when the purpose for which the disclosure was made is 
                accomplished;
            ``(4) if consistent with the purpose of the disclosure, 
        remove personally identifying information and unique 
        identifiers before disclosing student-level information in the 
        data system;
            ``(5) in addition to the accounting requirements set forth 
        under section 444 of the General Education Provisions Act, 
        maintain a record of the date of each disclosure of information 
        in the data system, a detailed description of the information 
        disclosed, and the name and address of the person, agency, 
        institution, or entity to whom the disclosure was made, which 
        accounting shall be made available on request to parents of any 
        student whose information has been disclosed, or to the student 
        if the student has reached the age of 18 or is enrolled in a 
        postsecondary educational institution;
            ``(6) ensure that any disclosure of aggregate data in the 
        data system is in a form that does not permit the 
        identification of individual students, and that any unique 
        identifiers in the data system are removed prior to disclosure 
        of aggregate data;
            ``(7) maintain adequate security measures to ensure the 
        confidentiality and integrity of the data system; and
            ``(8) ensure adequate enforcement of the requirements of 
        this section.
    ``(b) Use of Unique Identifiers.--
            ``(1) Governmental use of unique identifiers.--It shall be 
        unlawful for any Federal agency, any employee of any Federal 
        agency, any State or local agency in a State that receives 
        funds under this Act, or any employee of a State or local 
        agency in a State that receives funds under this Act, to use 
        unique identifiers employed in a statewide education data 
        system for any purpose other than as authorized by Federal or 
        State education law, or to deny any individual any right, 
        benefit, or privilege provided by law because of such 
        individual's refusal to disclose the individual's unique 
        identifier.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Improving Student Testing Act of 2007, the 
        Secretary shall promulgate regulations governing the use of 
        unique identifiers employed in statewide education data 
        systems, with the goal of safeguarding individual privacy. The 
        regulations may require States seeking grants under this part 
        to have in place measures to limit the use of unique 
        identifiers by nongovernmental parties to the extent 
        practicable, consistent with the uses of the information 
        authorized in Federal or State education law.
    ``(c) Formula Grants for Privacy Protected Data Systems.--
            ``(1) Grants authorized.--The Secretary is authorized to 
        award a grant, from allotments under paragraph (2), to each 
        State receiving funds under this part, for the purposes of 
        carrying out the requirements of this section related to 
        privacy protections and unique identifiers.
            ``(2) Allotment formula.--The Secretary shall establish a 
        formula for the allotment of grants under this subsection that 
        ensures that no State receives less than $500,000 annually and 
        that each State receives an equitable share of the amount 
        allotted based upon relevant State factors, including student 
        population size.
            ``(3) Definition of state.--In this subsection the term 
        `State' means each of the several States of the United States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
    ``(d) Authorized Amounts.--There are authorized to be appropriated 
to carry out this section $35,000,000 for each of fiscal years 2008 
through 2012.''.

SEC. 7. TIMELINE.

    Section 1111(b)(2)(F) (20 U.S.C. 6311(b)(2)(F)) is amended by 
adding at the end the following: ``The Secretary shall waive the 
timeline described in this subparagraph if the amount appropriated to 
carry out this part for each of fiscal years 2008 through 2015 does not 
equal or exceed the amount authorized to be appropriated to carry out 
this part for each such fiscal year.''.

SEC. 8. IMPROVEMENTS TO THE PEER REVIEW PROCESS.

    Section 1111(e)(1) (20 U.S.C. 6311(e)(1)) is further amended--
            (1) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) appoint individuals to the peer review 
                process who are--
                            ``(i) representative of parents, teachers, 
                        State educational agencies, local educational 
                        agencies, and professional education 
                        associations; and
                            ``(ii) skilled practitioners or education 
                        researchers with knowledge of fair, valid, and 
                        reliable assessment design, including 
                        individuals with expertise in 1 or more of the 
                        following:
                                    ``(I) Developing educational 
                                standards.
                                    ``(II) Developing valid and 
                                reliable assessments for all students, 
                                including alternative assessments for 
                                students with disabilities and English 
                                language learners.
                                    ``(III) Creating valid 
                                accountability models.
                                    ``(IV) Accurately assessing the 
                                needs of low-performing schools.
                                    ``(V) Adequately measuring the 
                                other educational needs of students so 
                                that issues relating to the education 
                                of the whole child are addressed.'';
            (2) by redesignating subparagraphs (C) through (F) as 
        subparagraphs (F) through (I), respectively;
            (3) by inserting after subparagraph (B) (as amended by 
        paragraph (1)) the following:
                    ``(C) establish a list of individuals who are 
                eligible to be appointed to a peer review panel under 
                this subsection and ensure that from the list of 
                eligible peer reviewers, each peer review team 
                contains--
                            ``(i) not less than 1 representative 
                        selected from among recommendations from State 
                        educational agencies;
                            ``(ii) not less than 1 representative 
                        selected from among recommendations from local 
                        educational agencies;
                            ``(iii) not less than 1 representative 
                        selected from among recommendations from 
                        professional educational associations;
                            ``(iv) not less than 1 representative 
                        selected by the Secretary; and
                            ``(v) not less than 1 representative who 
                        works in a school;
                    ``(D) ensure that there is consistency from State 
                to State with respect to all decisions reached by the 
                peer review panels;
                    ``(E) ensure that States are given the opportunity 
                to receive timely feedback from peer review teams, in 
                person or via electronic communication, and directly 
                interact with peer review panels on issues that need 
                clarification during the peer review process;'';
            (4) in subparagraph (H)(iii) (as redesignated by paragraph 
        (2)), by striking ``and'' after the semicolon;
            (5) in subparagraph (I) (as redesignated by paragraph (2)), 
        by striking the period and inserting a semicolon; and
            (6) by adding at the end the following:
                    ``(J) post all approval and denial decisions 
                regarding the State plans and final State plans, State 
                plan amendments, and waiver decisions for each State 
                plan, on a publicly available website in an easily 
                identifiable location, and provide written notification 
                to States of all such decisions within 3 business days 
                of such decisions; and
                    ``(K) direct the Inspector General of the 
                Department to review the final determinations reached 
                by the Secretary under this subsection for consistent 
                decisionmaking through the peer review process across 
                all States and report the findings to Congress once 
                every 2 years.''.

SEC. 9. DISAGGREGATION OF GRADUATION RATES.

    (a) In General.--Section 1111(h)(1)(C)(vi) (20 U.S.C. 
6311(h)(1)(C)) is amended by inserting before the semicolon the 
following: ``, disaggregated by the student subgroups described in 
subsection (b)(2)(C)(v)(II)''.
    (b) Formula Grants for Disaggregation and Reporting of Data.--
            (1) In general.--The Secretary of Education is authorized 
        to award a grant, from allotments under paragraph (2), to each 
        State receiving funds under part A of title I of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), 
        for the purposes of carrying out the requirements to 
        disaggregate and report data as required under sections 
        1111(b)(2)(C), 1111(b)(3)(C)(xiii), and 1111(h) of such Act (20 
        U.S.C. 6311(b)(2)(C), 6311(b)(3)(C)(xiii), 6311(h)).
            (2) Allotment formula.--The Secretary shall establish a 
        formula for the allotment of grants under this subsection that 
        ensures that no State receives less than $1,000,000 annually 
        and that each State receives an equitable share of the amount 
        allotted based upon relevant State factors, including student 
        population size.
            (3) Definition of states.--In this subsection the term 
        ``State'' means each of the several States of the United 
        States, the District of Columbia, and the Commonwealth of 
        Puerto Rico.
            (4) Authorization.--There are authorized to be appropriated 
        to carry out this subsection $70,000,000 for each of fiscal 
        years 2008 through 2012.

SEC. 10. COMPETITIVE GRANTS FOR CREATING AND IMPLEMENTING HIGH-QUALITY 
              ASSESSMENTS.

    (a) Purposes.--The purposes of this section are as follows:
            (1) To provide additional resources to State educational 
        agencies, local educational agencies, and schools so that 
        accountability decisions about students and schools are based 
        on well-designed multiple measures of assessment rather than 1 
        high stakes standardized test.
            (2) To assist State educational agencies, local educational 
        agencies, and schools in the design and implementation of high-
        quality assessments, including State or locally designed school 
        district assessments, formative assessments, performance 
        assessments, portfolio assessments, alternative assessments for 
        students with disabilities and English Language Learners, and 
        other assessments that measure higher-order thinking skills and 
        are aligned with State student academic achievement and 
        academic content standards in order to create multiple measures 
        of assessment that--
                    (A) improve classroom instruction; or
                    (B) are used in accountability systems.
    (b) Definitions.--In this section:
            (1) ESEA definitions.--The terms used in this section have 
        the meanings given the terms in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Formative assessment.--The term ``formative 
        assessment'' means an assessment that--
                    (A) produces evidence about student learning and 
                achievement in a timely manner; and
                    (B) provides students and teachers with meaningful 
                feedback so that teachers can modify, improve, and 
                target instructional strategies based on individual 
                student need, and students can assess the students' own 
                academic progress.
            (3) Multiple measures of assessment.--The term ``multiple 
        measures of assessment'' means different forms of assessment 
        that offer all students various ways to show academic 
        achievement and progress.
            (4) Performance assessment.--The term ``performance 
        assessment'' means an assessment that measures the ability of 
        students to apply knowledge and demonstrate achievement through 
        performance-based tasks.
            (5) Portfolio assessment.--The term ``portfolio 
        assessment'' means an assessment that accumulates student work 
        to use as formative or summative evidence of student academic 
        progress.
    (c) Grants Authorized.--The Secretary of Education is authorized to 
award grants to State educational agencies to enable the State 
educational agencies to carry out the authorized activities described 
in subsection (d).
    (d) Authorized Activities.--
            (1) In general.--A State educational agency that receives a 
        grant under this section shall use the funds made available 
        through the grant for the design or implementation of high-
        quality assessments in local classrooms, including--
                    (A) partnering with institutions of higher 
                education to train teachers in how to develop and 
                utilize the assessments described in subsection (a)(2) 
                and how to teach students to assess their own learning;
                    (B) creating the assessments described in 
                subsection (a)(2) and aligning the assessments with 
                State student academic achievement and academic content 
                standards;
                    (C) aligning local assessments across the State to 
                develop a system of common assessments;
                    (D) designing student reports that detail 
                assessment results and that can be used to inform 
                classroom instruction and provide parents with timely 
                information on student progress; and
                    (E) collaborating with other State educational 
                agencies to share information about assessment 
                development and implementation across the States.
            (2) Restrictions.--Grant funds received under this section 
        shall--
                    (A) be used only for the development, 
                implementation, and measurement of the assessments 
                described in subsection (a)(2); and
                    (B) not be used for the purchase or development of 
                high stakes, large scale assessments or for test 
                preparation materials for high stakes testing.
    (e) Eligible Partner Entities.--
            (1) In general.--Each State educational agency that 
        receives a grant under this section, upon receipt of the grant 
        funds, may partner with an entity described in paragraph (2), 
        in order to carry out the activities assisted under the grant.
            (2) Entities.--An entity referred to in paragraph (1) is--
                    (A) an institution of higher education that has a 
                teacher training program;
                    (B) a local educational agency; and
                    (C) a research institution with experience in 
                designing high-quality assessments.
    (f) Application.--To be eligible to receive a grant under this 
section, a State educational agency shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require, including, at a minimum--
            (1) a proposal to use the grant funds to design or 
        implement the assessments described in subsection (a)(2);
            (2) a method for establishing an application process 
        whereby local educational agencies and individual schools can 
        apply to receive funds provided under this section from the 
        State educational agency;
            (3) a description of how the State educational agency plans 
        to assess the effectiveness of the assessments in raising 
        student achievement and narrowing the achievement gap among the 
        State's student population; and
            (4) a description of how the State educational agency plans 
        to ensure that the assessments will be used to improve teaching 
        and provide detailed and timely feedback to students and 
        parents.
    (g) Duration.--A grant under this section shall be awarded for a 
period of not more than 5 fiscal years.
    (h) Award Considerations.--In awarding grants under this section, 
the Secretary shall select State educational agencies that demonstrate 
the greatest need for the grants and the greatest potential benefit 
from receipt of the grants.
    (i) Report and Evaluation.--
            (1) State reports.--Each State educational agency that 
        receives a grant under this section shall submit--
                    (A) an annual report to the Secretary detailing how 
                the State educational agency is using the grant funds 
                and detailing ongoing evaluation of the design of the 
                assessments assisted under this section, the training 
                of educators in using the assessments, and the 
                effectiveness of the assessments as measured by student 
                achievement and growth based on multiple measures of 
                assessment; and
                    (B) a comprehensive 5-year report at the end of the 
                5-year grant period including a detailed analysis of--
                            (i) how the grant funds were used; and
                            (ii) the impact of the grant on student 
                        achievement, narrowing the achievement gap, and 
                        the quality of teaching, based on multiple 
                        measures of assessment.
            (2) Federal evaluation and report.--Not later than 5 years 
        after the date of enactment of this Act, the Secretary shall--
                    (A) develop and execute a plan for evaluating the 
                assessments assisted under this section and the 
                strategies financed under this section; and
                    (B) submit a report to Congress detailing how State 
                educational agencies used the grant funds provided 
                under this section, the impact of the grants on student 
                achievement and teaching in the States, and any 
                recommendations for improvements that can be made to 
                the grant program under this section.
    (j) Authorized Amounts.--There are authorized to be appropriated to 
carry out this section $150,000,000 for each of fiscal years 2008 
through 2012.

SEC. 11. COMPETITIVE GRANTS FOR INCREASING CAPACITY AT THE STATE AND 
              LOCAL LEVEL.

    (a) Purposes.--The purpose of this section is to assist State 
educational agencies and local educational agencies with--
            (1) building State educational agency and local educational 
        agency technical capacity; and
            (2) improving technical assistance.
    (b) Grants Authorized.--The Secretary of Education is authorized to 
award grants to State educational agencies and local educational 
agencies to enable the agencies to carry out the authorized activities 
described in subsection (c).
    (c) Authorized Activities.--A State educational agency or local 
educational agency that receives a grant under this section shall use 
the funds made available under the grant to carry out 1 or more of the 
following activities:
            (1) Creating, maintaining, and improving State or local 
        education databases that can track adequate yearly growth in 
        individual students.
            (2) Implementing adequate privacy protections in State or 
        local education databases.
            (3) Complying with the requirement to disaggregate and 
        report data under sections 1111(b)(2)(C), 1111(b)(3)(C)(xiii), 
        and 1111(h) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(b)(2)(C), 6311(b)(3)(C)(xiii), 6311(h)).
            (4) Developing State educational agency or local 
        educational agency capacity to create accountability or 
        assessment systems that contain multiple measures of student 
        achievement, including statewide, local, formative, and 
        performance-based assessments.
            (5) Conducting research on proven strategies for improving 
        schools and local school districts or implementing research-
        proven, valid, and reliable improvement strategies in schools 
        or local school districts.
            (6) Training State educational agency staff, local 
        educational agencies, administrators, and schools in making 
        data-driven decisions.
            (7) Developing State educational agency or local 
        educational agency capacity to provide technical assistance to 
        schools in need of improvement.
    (d) Application.--To be eligible to receive a grant under this 
subsection, a State educational agency or local educational agency 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may require, 
including, at a minimum--
            (1) a description of the privacy protections that the State 
        educational agency or local educational agency has implemented 
        or will implement pursuant to section 1120C of the Elementary 
        and Secondary Education Act of 1965, and assurances that the 
        protections will be in place when the grant funds are made 
        available to the State educational agency or local educational 
        agency, if applying for grant funding to create, maintain, or 
        improve a State or local education database;
            (2) a description of the school improvement techniques the 
        State educational agency or local educational agency will 
        implement, and a description of how the techniques will meet 
        the needs of the schools or local educational agencies in the 
        State that are identified for school improvement, corrective 
        action, or restructuring under section 1116 of the Elementary 
        and Secondary Act of 1965 (20 U.S.C. 6316), if applying for 
        grant funding to develop capacity to provide school improvement 
        technical assistance;
            (3) a description of the multiple measures of student 
        achievement that a State educational agency or local 
        educational agency will include in its assessment systems, if 
        applying for grant funding to develop assessment system 
        capacity;
            (4) a description of the training programs that will be 
        offered to staff of State educational agencies and local 
        educational agencies to boost data-driven decisionmaking 
        skills, if applying for grant funding to develop such training 
        programs;
            (5) a method for establishing an application process 
        whereby local educational agencies can apply to receive funds 
        provided under this section from the State educational agency;
            (6) a description of how the State educational agency plans 
        to assess the effectiveness of the State educational agency's 
        capacity building efforts under this section; and
            (7) a description of how the State educational agency plans 
        to account for funds expended under this section.
    (e) Duration.--A grant under this section shall be awarded for not 
less than 2 fiscal years and not more than 5 fiscal years.
    (f) Priority.--In awarding grants under this section, the Secretary 
shall give priority to State educational agencies and local educational 
agencies that demonstrate in the application submitted under subsection 
(c) the greatest need for the grant and the greatest potential benefit 
from receipt of the grant.
    (g) Evaluation.--
            (1) State evaluations.--Each State educational agency 
        receiving a grant under this section shall submit a report at 
        the end of the last year of the grant that provides a detailed 
        analysis of how the grant funds were used and the effectiveness 
        of the grant funds in improving State educational agency and 
        local educational agency capacity to meet the requirements 
        under part A of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311 et seq.).
            (2) Federal evaluation.--Not later than 5 years after the 
        date of enactment of this Act, the Secretary shall--
                    (A) develop and execute a plan for evaluating the 
                State educational agency and local educational agency's 
                capacity-building programs funded under this section;
                    (B) submit a detailed report to Congress on the use 
                of the funds provided under this section in improving 
                State and local education capacity; and
                    (C) provide to Congress any recommendations for 
                improvements that can be made to the grant program 
                funded under this section.
    (h) Authorized Amounts.--There are authorized to be appropriated to 
carry out this section $100,000,000 for each of fiscal years 2008 
through 2012.

SEC. 12. INTERNATIONAL TRADE ADMINISTRATION OFFSET.

    Not later than 1 year after the date of enactment of this Act, the 
International Trade Administration of the Department of Commerce shall 
develop and implement a fee schedule to generate collections from the 
beneficiaries of the trade promotion activities of the International 
Trade Administration to ensure that there will be no Federal spending 
on trade promotion activities at the International Trade Administration 
1 year after such date.
                                 <all>