II 110th CONGRESS 1st Session S. 2157 IN THE SENATE OF THE UNITED STATES October 4, 2007 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to establish pilot programs in expanded school attendance.
1.
Short title
This Act may be cited as the Expanded Education Act.
2.
Expanded school attendance programs
Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended— (1)by redesignating part I as part J; and (2)by inserting after section 1830 the following: I
Expanded education
1851.
Definitions
In this part: (1)
Expanded
The term expanded, when used in reference to a school day, week, or year, means supplementing the school day, week, or year, with additional hours as well as with extended learning and activities beyond the specific subjects covered in the school curricula, although some or all of those subjects may be included as well. (2)
Expanded day
The term expanded day means a school day that extends the number of school hours per school day in a way that increases the total number of school hours for the school year by not less than 30 percent, compared to such total number for the preceding school year. (3)
Expanded week
The term expanded week means a 6-day school week that includes a Saturday school session of not less than 3½ hours. (4)
Expanded year
The term expanded year means a school year of not less than 180 school days that is extended by a summer, non-remedial school session of— (A)not less than 4 weeks; or (B)in the case of a summer institute described in section 1854(e)(3), not less than 1 week. (5)
Large state
The term large State means each State that, when ranked with all States of the United States by population according to the most recent decennial census of the Bureau of the Census, is in the top 50th percentile. (6)
Low-income student
The term low-income student means a student who is eligible to receive a free or reduced-price lunch under the Richard B. Russell School Lunch Act. (7)
School day
The term school day means a day in which all students attend school for not less than 61/2 hours, except for children with disabilities whose individualized education programs under section 614 of the Individuals with Disabilities Education Act specify a shorter school day. (8)
Small state
The term small State means each State that, when ranked with all States of the United States by population according to the most recent decennial census of the Bureau of the Census, is in the bottom 50th percentile.
1852.
Expanded day pilot program
(a)
Program authorized
From amounts appropriated under subsection (f), the Secretary shall— (1)reserve not more than 2 percent to enable the Secretary to enter into contracts or award grants with qualified organizations, as determined by the Secretary, to enable the organizations to provide training, technical assistance, and capacity building with respect to expanded day pilot programs described in subsection (e); and (2)use the amounts that remain after reserving funds under paragraph (1) to award grants, through allotments under subsection (c), to State educational agencies to enable the State educational agencies to carry out expanded day pilot programs described in subsection (e) in participating schools in the State. (b)
Application
A State educational agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c)
Allotments
The Secretary shall allot— (1)the funds made available under subsection (f)(1) for a fiscal year in equal amounts among small States; and (2)the funds made available under subsection (f)(2) for a fiscal year in equal amounts among large States. (d)
Selection of participating schools
(1)
Number of participating schools
(A)
Small States
Each small State receiving a grant under this section shall use the grant funds to establish expanded day pilot programs in not less than 20 schools in the State. (B)
Large States
Each large State receiving a grant under this section shall use the grant funds to establish expanded day pilot programs in not less than 50 schools in the State. (2)
Eligibility requirements
In order to participate in a program under this section, an elementary school or secondary school in a State shall— (A)have a student population of which not less than 50 percent are low-income students; (B)be identified by the local educational agency as suitable for participation in the program; and (C)submit a pilot program proposal prepared by the local educational agency involved to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (3)
Selection basis
From the schools in a State that have submitted proposals under paragraph (2)(C), a State educational agency receiving a grant under this section shall select the highest ranking schools to participate, based on the following weighted criteria: (A)50 percent of a school's ranking shall be based on the percentage of low-income students at the school. (B)30 percent of a school's ranking shall be based on the proposal submitted to the State educational agency describing the program that will be implemented in the school, taking into account the program's design, implementation plan, administrative staffing, and budget. (C)20 percent of a school's ranking shall be based on the capacity of the school, as determined by a review conducted by the State educational agency, to implement the program described in the school's proposal. (4)
Distribution of funds among schools
(A)
In general
A State educational agency receiving a grant under this section shall provide each participating school with a share of the grant funds under this section that is not less than the amount described in subparagraph (B). (B)
Minimum share
The minimum share of grant funds under this section that a school participating in a program under this section shall receive for a fiscal year is 75 percent of the amount obtained by dividing the total amount of the grant funds provided to the State under this section for such year by the number of schools in the State participating in the program. (e)
Expanded day pilot program requirements
Each expanded day pilot program assisted under this section shall meet the following requirements: (1)
Contents of program
The program shall— (A)include academic work that will ensure that participating students increase the students' proficiency in reading and language arts, and mathematics; (B)advance student learning in new areas or new directions, so that the program is not wholly remedial; and (C)include sufficient recreational activities, social activities, or extra-curricular cultural activities (such as music, theater, or art) to make each expanded day program a positive experience for the students who participate. (2)
Student participation
(A)
Full grade participation
The program shall be provided to not less than 1 entire grade level in a participating school and, if funds are sufficient, may include additional grade levels. (B)
Required student participation
Students in each grade level included in the program shall be required to attend the school for the extended day, unless the student's individualized education program under section 614 of the Individuals with Disabilities Education Act requires otherwise. (f)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $350,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year, of which— (1)30 percent shall be available for grants to small States; and (2)70 percent shall be available for grants to large States.
1853.
Expanded week pilot program
(a)
Program authorized
From amounts authorized under subsection (f), the Secretary shall award grants, through allotments under subsection (c), to State educational agencies to enable the State educational agencies to carry out expanded week pilot programs described in subsection (e) in participating schools in the State. (b)
Application
A State educational agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c)
Allotments
The Secretary shall allot— (1)the funds made available under subsection (f)(1) for a fiscal year in equal amounts among small States; and (2)the funds made available under subsection (f)(2) for a fiscal year in equal amounts among large States. (d)
Selection of participating schools
(1)
Number of participating schools
(A)
Small States
Each small State receiving a grant under this section shall use grant funds to establish expanded week pilot programs in not less than 20 schools in the State. (B)
Large States
Each large State receiving a grant under this section shall use grant funds to establish expanded week pilot programs in not less than 50 schools in the State. (2)
Proposal
In order to participate in a program under this section, an elementary school or secondary school in a State shall— (A)have a student population of which not less than 50 percent are low-income students; (B)be identified by the local educational agency as suitable for participation in the program; and (C)submit a pilot program proposal prepared by the local educational agency involved to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (3)
Selection basis
A State educational agency shall select the highest ranking schools to participate in this program, based on the following weighted criteria: (A)50 percent of a school's ranking shall be based on a high percentage of low-income students at the school. (B)30 percent of a school's ranking shall be based on the proposal submitted to the State educational agency describing the program that will be implemented in the school, taking into account the program's design, implementation plan, administrative staffing, and budget. (C)20 percent of a school's ranking shall be based on the capacity of the school, as determined by a review conducted by the State educational agency, to implement the program described in the school's proposal. (4)
Distribution of funds among schools
(A)
In general
A State educational agency receiving a grant under this section shall provide each participating school with a share of the grant funds under this section that is not less than the amount described in subparagraph (B). (B)
Minimum share
The minimum share of grant funds under this section that a school participating in a program under this section shall receive for a fiscal year is 75 percent of the amount obtained by dividing the total amount of the grant funds provided to the State under this section for such year by the number of schools in the State participating in the program. (e)
Expanded week program requirements
Each expanded week program assisted under this section shall meet the following requirements: (1)
Contents of program
The program shall— (A)include academic work that will ensure that participating students increase the students' proficiency in reading and language arts, and mathematics; (B)advance student learning in new areas or new directions, so that not less than 30 percent of the curricular content of the program is non-remedial; and (C)include sufficient recreational activities, social activities, or extra-curricular cultural activities (such as music, theater, or art) to make each expanded week program a positive experience for the students who participate. (2)
Student participation
(A)
Full grade participation
The program shall be provided to not less than 1 entire grade level in the participating school and, if funds are sufficient, may include additional grade levels. (B)
Required student participation
Each student in each grade level included in the program shall be required to attend the school for the extended week, unless— (i)the student receives a waiver under subparagraph (C); or (ii)the student's individualized education program under section 614 of the Individuals with Disabilities Education Act requires otherwise. (C)
Waiver
The parents of a student required to participate in the expanded week program under this section may petition the school for a waiver from participation in the program if such participation is a hardship for the family. A waiver shall be granted if the participating school and the local educational agency approve the waiver. (f)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $350,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year, of which— (1)30 percent shall be available for grants to small States; and (2)70 percent shall be available for grants to large States.
1854.
Expanded year pilot program
(a)
Program authorized
From amounts appropriated under subsection (f), the Secretary shall award grants, through allotments under subsection (c), to State educational agencies to enable the State educational agencies to carry out expanded year pilot programs described in subsection (d) in participating schools in the State. (b)
Application
A State educational agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c)
Allotments
The Secretary shall allot— (1)the funds made available under subsection (f)(1) for a fiscal year in equal amounts among small States; and (2)the funds made available under subsection (f)(2) for a fiscal year in equal amounts among large States. (d)
Expanded year program requirements
Each expanded year program assisted under this section shall meet the following requirements: (1)
Program contents
The program shall— (A)advance student learning in new areas or new directions, or increase students' expertise and extend students' proficiency; (B)emphasize non-remedial work— (i)by including new material; (ii)through process-oriented learning; and (iii)through the activities described in subparagraph (C); and (C)include sufficient recreational activities, social activities, or extra-curricular cultural activities (such as music, theater, or art) to make each expanded year program a positive experience for the students who participate. (2)
Program staffing
The program may use grant funds to employ faculty for the program, as well as the requisite number of non-academic staff needed to carry out paragraph (1)(C). (3)
Use of models
The program shall be based on 1 of the 3 models described in subsection (e). Each State receiving a grant under this section shall have the authority to determine which model, or which combination of the models, shall be used. (e)
Expanded year models
(1)
School-based mandatory participation model
A pilot program implementing the school-based mandatory participation model shall meet the following requirements: (A)
Participating school requirements
Each elementary school or secondary school in a State participating in the pilot program shall— (i)have a student population of which not less than 50 percent are low-income students; (ii)be identified by the local educational agency as suitable for participation in the program; and (iii)submit a pilot program proposal prepared by the local educational agency involved to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (B)
Selection of participating schools
A State educational agency shall select schools to participate in this model by choosing the highest ranking schools based on the following weighted criteria: (i)50 percent of a school's ranking shall be based on a high percentage of low-income students at the school. (ii)30 percent of a school's ranking shall be based on the proposal submitted to the State educational agency describing the program that will be implemented in the school, taking into account the program's design, implementation plan, administrative staffing, and budget. (iii)20 percent of a school's ranking shall be based on the capacity of the school, as determined by a review conducted by the State educational agency, to implement the program described in the school's proposal. (C)
Entity carrying out pilot program
The State educational agency may choose a participating school, or an institution of higher education or nonprofit organization, to carry out the pilot program at the school. (D)
Sponsors
(i)
Role of sponsors
Subject to approval by the Secretary as described in clause (iii), the entity chosen to carry out the pilot program at a school may enter into a partnership with 1 or more sponsors to provide services for the program at the school. (ii)
Qualifications
The entity shall endeavor to enter into such a partnership with a sponsor that has a successful track record of providing high-quality summer learning opportunities to low-income students. (iii)
Approval of sponsors
(I)
Description of partnership
To obtain approval of the sponsors described in clause (i) for the pilot program, the State educational agency, in submitting an application under subsection (b), shall include in the application a description of the partnership with the sponsors. (II)
Experience or promise of success
The State educational agency shall, to the extent practicable, demonstrate in the application that each sponsor has experience with, or promise of success in, providing educational, enrichment, and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students involved. (iv)
Services
The sponsors shall provide services to students such as— (I)academic enrichment learning programs, including providing additional assistance to students to allow the students to improve their academic achievement; (II)mathematics and science education activities; (III)arts and music education activities; (IV)tutoring services (including those provided by senior citizen volunteers) and mentoring programs; (V)programs for limited English proficient students that emphasize language skills and academic achievement; (VI)recreational activities; (VII)telecommunications and technology education programs; (VIII)provision of expanded library service hours; (IX)programs that promote parental involvement and family literacy; (X)programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; and (XI)drug and violence prevention programs, and counseling programs. (E)
Student participation
(i)
Full grade participation
The program shall be provided to not less than 1 entire grade level in the participating school and, if funds are sufficient, may include additional grade levels. (ii)
Required student participation
Each student in each grade level included in the program shall be required to attend the school for the extended year, unless the student receives a waiver under clause (iii). (iii)
Waiver
The parents of a student required to participate in the expanded year program under this section may petition the school for a waiver from participation in the program if such participation is a hardship for the family. A waiver shall only be granted if the participating school and the local educational agency approve the waiver. (2)
School-based voluntary participation model
A pilot program implementing the school-based voluntary participation model shall meet the following requirements: (A)
Participating school requirements
Each elementary school or secondary school in a State participating in the pilot program shall— (i)have a student population of which not less than 50 percent are low-income students; (ii)be identified by the local educational agency as suitable for participation in the program; and (iii)submit a pilot program proposal to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (B)
Selection of participating schools
A State educational agency shall select schools to participate in this model by choosing the highest ranking schools based on the weighted criteria described in clauses (i) through (iii) of paragraph (1)(B). (C)
Entity carrying out pilot program
The State educational agency may choose a participating school, or an institution of higher education or nonprofit organization, to carry out the pilot program at the school. (D)
Sponsors
(i)
Role of sponsors
Subject to approval by the Secretary as described in clause (iii), the entity chosen to carry out the pilot program at a school may enter into a partnership with 1 or more sponsors to provide services for the program at the school. (ii)
Qualifications
The entity shall endeavor to enter into such a partnership with a sponsor that has a successful track record of providing high-quality summer learning opportunities to low-income students. (iii)
Approval of sponsors
(I)
Description of partnership
To obtain approval of the sponsors described in clause (i) for the pilot program, the State educational agency, in submitting an application under subsection (b), shall include in the application a description of the partnership with the sponsors. (II)
Experience or promise of success
The State educational agency shall, to the extent practicable, demonstrate in the application that each sponsor has experience with, or promise of success in, providing educational, enrichment, and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students involved. (iv)
Services
The sponsors shall provide services to students such as— (I)academic enrichment learning programs, including providing additional assistance to students to allow the students to improve their academic achievement; (II)mathematics and science education activities; (III)arts and music education activities; (IV)tutoring services (including those provided by senior citizen volunteers) and mentoring programs; (V)programs for limited English proficient students that emphasize language skills and academic achievement; (VI)recreational activities; (VII)telecommunications and technology education programs; (VIII)provision of expanded library service hours; (IX)programs that promote parental involvement and family literacy; (X)programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; and (XI)drug and violence prevention programs, and counseling programs. (E)
Student participation
(i)
Voluntary participation
Student participation in the program under this model shall be voluntary. (ii)
Multiple grades
Under this model, the program shall be offered to not less than 2 grades at each school. (F)
Structure of program
(i)
Summer modules
The program shall provide separate summer modules for each selected grade, which modules may run concurrently or consecutively, or overlap. (ii)
Length of modules
Each such module shall be not less than 4 weeks in length. (3)
State-based voluntary summer institute model
A pilot program implementing the State-based voluntary summer institute model shall meet the following requirements: (A)
In general
The State educational agency shall establish 1 or more summer institutes for secondary school students at a public institution of higher education or, if the State educational agency determines it appropriate, at a private institution of higher education. (B)
Administration
The State educational agency may administer the summer institute or may elect to have a local educational agency in the State administer the summer institute. In the case of a State educational agency that transfers the administration of the summer institute to the local educational agency, the State educational agency shall compensate the local educational agency for the costs of administration from non-Federal funds. (C)
Entity carrying out the summer institute
The State educational agency (or local educational agency) may choose the participating institution of higher education, or an eligible nonprofit organization, to carry out the summer institute. To be eligible to carry out the summer institute, the nonprofit organization shall have experience with summer education, and shall have experience with, or promise of success in, providing educational, enrichment, and related activities that will complement and enhance the academic performance, achievement, and positive youth development of the students involved. (D)
Subject matter focus
A summer institute shall be encouraged to be grade-specific for the grades of students in attendance and shall focus on a subject in the domain of 1 of the following: (i)Reading or writing. (ii)Mathematics. (iii)Science. (iv)Social science, civics, or history. (E)
Assessments
(i)
General prohibition
Except as provided in clauses (ii) and (iii), a summer institute shall not require any assessments or examinations as part of the institute program. (ii)
Use of certain measures
A summer institute program may require writing assignments, ungraded exercises in mathematics, laboratory experiments and laboratory reports in science, oral presentations, and such other teaching aids as are necessary to encourage students to take the work at the institute seriously. (iii)
Formative assessments
(I)
In general
A summer institute may use formative assessments or other measures necessary— (aa)for the reports described in section 1855(c); (bb)for diagnostic purposes; or (cc)to measure program effectiveness. (II)
Timing of administration
A summer institute utilizing a formative assessment under this subparagraph shall administer the formative assessment at the beginning and at the end of the institute, and may administer the assessment during the institute. (iv)
Grading prohibition
A summer institute shall not— (I)provide a student with the student's grade on any formative assessment under clause (iii) or assignment, exercise, experiment, report, presentation, or other teaching aid under clause (ii), except that a summer institute may provide to the student, but not to a school or local educational agency, a written summative assessment of the student's participation in the summer institute at the conclusion of the summer institute; and (II)add any such grade to the student's academic record. (F)
Length of program
A summer institute shall be not less than 5 days nor more than 4 weeks long. (G)
Participants
Students participating in a summer institute shall be low-income students in the State and shall be selected by the State educational agency, in consultation with local educational agencies in the State. (H)
Faculty
(i)
In general
Not less than 50 percent of the faculty at each summer institute shall be highly qualified teachers, and the remaining members of the faculty may be citizens of accomplishment or public figures, such as authors, scientists, public servants, artists, or educators, who have— (I)a record of significant accomplishment; or (II)the capacity to add significant expertise to the academic side of the summer institute program. (ii)
Salaries
The weekly salary for each faculty member of a summer institute shall not be more than 135 percent of the greater of the average or median weekly salary for teachers in the State. (iii)
Teaching assistants
A summer institute may employ students attending institutions of higher education as interns or tutors to supplement the teaching endeavor of the institute. (I)
Housing expenses
(i)
No grant funds for housing
No grant funds under this section shall be used to pay for the housing costs of students participating in a summer institute. Notwithstanding any other provision of law, the State educational agency receiving the grant shall pay for the costs of housing for such students from State funds or funds received by the State under part A of this title or under the Higher Education Act of 1965. (ii)
Meals and transportation expenses
Grant funds from a grant under this section may be used by a State educational agency to pay for the costs of meals and transportation expenses for the students participating in the summer institute. (f)
Authorization of appropriations
There are authorized to be appropriated to carry out this section $350,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year of which— (1)30 percent shall be available for grants to small States; and (2)70 percent shall be available for grants to large States.
1855.
General provisions
(a)
Prohibition of grant funds for administration
No grants funds under this part shall be used by a State educational agency for the costs of administering a grant program under this part. (b)
State and local match
(1)
State funds
A State educational agency receiving a grant under this Act shall use State funds for the costs to the State of the administration of the grant. (2)
Local funds
A local educational agency participating in a grant program under this Act shall use local funds for the costs to the local educational agency of— (A)planning and submitting to the State educational agency a proposal for an expanded day, expanded week, or expanded year program at a school served by the local educational agency; (B)administering, establishing, and overseeing the program at a school served by the local educational agency; and (C)submitting the reports required under subsection (c). (3)
School funds
A school participating in an expanded day, expanded week, or expanded year program shall use school or local funds for the costs to the school of administering the program. (4)
Use of part A funds
Notwithstanding any other provision of law, a State educational agency, local educational agency, or school may use funds made available to the State or local educational agency, or school, respectively, under part A of this title for the costs described in paragraph (2) or (3). (c)
Reports
(1)
Local educational agency
Each local educational agency that serves a school participating in an expanded day, expanded week, or expanded year program under this part (except for a State-based voluntary summer institute program under section 1854(e)(3)) shall, not later than 60 days after the completion of the program, report to the State educational agency regarding— (A)the extent to which the proposal for the expanded program was carried through; (B)the actual budget for and expenses of the expanded program; and (C)the level of learning for each student participating in the program for the year preceding the year of the program, as determined by the academic assessments under section 1111(b)(3). (2)
Summer institutes report
In the case of a summer institute program under section 1854(e)(3), the sponsoring State educational agency or local educational agency shall report to the Secretary regarding the subjects described in subparagraphs (A) through (C) of paragraph (1). (3)
Appendix
Each State educational agency or local educational agency that is required to submit a report under paragraph (1) or (2) shall, not later than 120 days after receiving the results for the academic assessments under section 1111(b)(3) for the school year following the expanded day, expanded week, or expanded year program, submit to the State educational agency or the Secretary (as the case may be) an appendix that shall contain— (A)for each student that participated in the program— (i)the student's level of learning for the year preceding the year of the program, as described in paragraph (1)(C); (ii)the student's level of learning for the year following the year of the program; (iii)in the case of a summer institute program, the student's formative assessment at the beginning and end of the summer institute; and (iv)the student's gain, if any, compared to— (I)the average and the mean of the gains made during the same grades by the most recent group of students in that grade in the school who did not matriculate in an expanded day, expanded week, or expanded year program, as applicable; or (II)in the case of a voluntary expanded year program, the average and the mean of the gains made by students in the same grade at the school who did not matriculate in the expanded year program; and (B)the average and the mean of the gains made between the year preceding the year of the program and the year following the year of the program for the entire group of students who matriculated in the program, compared to the average and the mean of the gains made by students described in subclause (I) or (II) of subparagraph (A)(iv) (as applicable). (4)
Submission of reports
A State educational agency receiving a grant under this part shall submit the local educational agency reports under paragraph (1) to the Secretary after the State educational agency has received the required appendixes described in paragraph (3) for the reports. (5)
Publication and availability of results
(A)
In general
The Secretary shall publish and make widely available to the public, including through a website or other means, a summary of local educational agency reports under this section. (B)
Individual reports
The Secretary shall make the individual local educational agency reports under this section available to Congress.
.
3.
Conforming amendments
Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is further amended— (1)in section 1304(c)(2) (20 U.S.C. 6394(c)(2)), by striking part I and inserting part J; and (2)in section 1415(a)(2)(C) (20 U.S.C. 6435(a)(2)(C)), by striking part I and inserting part J.