[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2227 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2227

 To provide grants to States to ensure that all students in the middle 
 grades are taught an academically rigorous curriculum with effective 
   supports so that students complete the middle grades prepared for 
 success in high school and postsecondary endeavors, to improve State 
and district policies and programs relating to the academic achievement 
 of students in the middle grades, to develop and implement effective 
 middle school models for struggling students, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 2007

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

_______________________________________________________________________

                                 A BILL


 
 To provide grants to States to ensure that all students in the middle 
 grades are taught an academically rigorous curriculum with effective 
   supports so that students complete the middle grades prepared for 
 success in high school and postsecondary endeavors, to improve State 
and district policies and programs relating to the academic achievement 
 of students in the middle grades, to develop and implement effective 
 middle school models for struggling students, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Success in the Middle Act of 2007''.

SEC. 2. FINDINGS.

    In this Act:
            (1) Assessments indicate that the interval between the 4th 
        and 8th grades is a period where academic achievement for 
        United States students falls dramatically, with the most severe 
        losses in academic achievement among minority and low-income 
        students. International comparisons indicate that students in 
        the United States do not start out behind students of other 
        nations in mathematics and science, but that they fall behind 
        by the end of the middle grades.
            (2) Only \1/3\ of the students in 8th grade, and only 5 
        percent of English language learners, can read with 
        proficiency, according to the 2007 National Assessment on 
        Educational Progress (NAEP). The percentage of 8th grade 
        students proficient at reading has decreased since 1998, and 
        the NAEP average reading score for 8th graders has remained 
        static. In contrast, NAEP reading scores and achievement levels 
        for 4th graders have increased significantly.
            (3) In mathematics, again less than \1/3\ of students in 
        8th grade show skills at the NAEP proficient level, and nearly 
        30 percent score below the basic level. The percentage of 8th 
        grade students scoring above the basic level was 8 points 
        higher in 2007 than in 2000, but for 4th graders, the 
        percentage increased 17 points, more than double the increase 
        for middle school students. In 8th grade, the gaps between the 
        average mathematics scores of white and black students and 
        between white and Hispanic students were as wide in 2007 as in 
        1990.
            (4) Lack of basic skills at the end of middle school has 
        serious implications for students. Students who enter high 
        school 2 or more years behind grade level in mathematics and 
        literacy have only a 50 percent chance of progressing on time 
        to the 10th grade; those not progressing are at grave risk of 
        dropping out of high school.
            (5) Middle school students are hopeful about their future, 
        with 93 percent believing that they will complete high school 
        and 92 percent anticipating that they will attend college. Yet 
        about \1/3\ of students who enter high school do not graduate 
        with their peers, and another \1/3\ graduate but do not have 
        the knowledge and skills to succeed in college. In fact, 
        results from ACT's EXPLORE assessment reflect that only 11 
        percent of 8th grade students are on track to succeed in first-
        year college English, algebra, biology and social science 
        courses.
            (6) Sixth-grade students who do not attend school 
        regularly, who are subjected to frequent disciplinary actions, 
        or who fail mathematics or English have no more than a 10 
        percent chance of graduating high school on time and a 20 
        percent chance of graduating 1 year late. Significant numbers 
        of 6th grade students exhibit attendance or behavior problems, 
        or need additional supports in reading or mathematics; without 
        effective interventions and proper supports, these students are 
        at risk of subsequent failure in high school, or of dropping 
        out.
            (7) Student transitions from elementary school to middle 
        school and from middle school to high school are often 
        complicated by poor curriculum alignment, inadequate counseling 
        services to help them make decisions about high school classes 
        that will prepare them for college, and unsatisfactory sharing 
        of student performance and academic achievement data between 
        schools.
            (8) Middle schools are more likely than elementary schools 
        or high schools to be identified for improvement. Although 
        middle schools represented only 15 percent of the schools that 
        received funds under part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), they 
        accounted for 32 percent of those schools in corrective action 
        or restructuring during 2005-2006. In the 2004-2005 academic 
        year, 36 percent of middle schools that received funds under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.), were deemed in need of 
        improvement, compared with 10 percent of elementary schools.
            (9) Federal funding has long focused on early elementary 
        grades and on higher education. Students in the middle grades 
        represent 23 percent of the Nation's student population and 58 
        percent of the Nation's annual test-takers under the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
        Yet, of the funds appropriated in fiscal year 2005 for part A 
        of title I of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311 et seq.), only 10 percent were allocated 
        to middle schools by the States.
            (10) Middle school improvement strategies should be 
        tailored based on a variety of performance indicators and data, 
        so that educators can create and implement successful school 
        improvement strategies to address the needs of the individual 
        schools, and so that schools can provide effective instruction 
        and adequate assistance to meet the needs of at-risk students.
            (11) To stem a dropout rate twice that of students without 
        disabilities, students with disabilities in the critical middle 
        grades must receive appropriate academic accommodations and 
        access to assistive technology, high-risk behaviors such as 
        absenteeism and course failure must be monitored, and problem-
        solving skills with broad application must be taught.
            (12) Local educational agencies and State educational 
        agencies often do not have the capacity to provide support for 
        school improvement strategies. Successful models do exist for 
        turning around low-performing middle schools, and Federal 
        support should be provided to increase the capacity to apply 
        promising practices based on evidence from successful schools.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Middle school.--The term ``middle school'' means a 
        nonprofit public school, including a public charter middle 
        school, that provides education in any 2 or more successive 
        grades beginning with grade 5 and ending with grade 8, as 
        determined under State law.
            (2) Middle grade.--The term ``middle grade'' means grade 5, 
        6, 7, or 8.
            (3) Scientifically valid.--The term ``scientifically 
        valid'' means the rationale, design, and interpretation are 
        soundly developed in accordance with accepted principles of 
        scientific research.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (5) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.

                   TITLE I--MIDDLE SCHOOL IMPROVEMENT

SEC. 101. PURPOSES.

    The purposes of this title are to--
            (1) improve middle school student academic achievement to 
        prepare students for rigorous high school course work, and 
        eventually for postsecondary education, independent living, and 
        employment;
            (2) align curriculum and student supports between 
        elementary school and middle school and between middle school 
        and high school;
            (3) provide resources to State educational agencies and 
        local educational agencies to collaboratively develop school 
        improvement plans in order to deliver support and technical 
        assistance to schools serving students in the middle grades; 
        and
            (4) increase the capacity of States and local educational 
        agencies to develop effective, sustainable, and replicable 
        school improvement programs and models and evidence-based or, 
        when available, scientifically valid student interventions for 
        implementation by schools serving students in the middle 
        grades.

SEC. 102. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES FOR MIDDLE 
              SCHOOL IMPROVEMENT.

    (a) In General.--From amounts appropriated under section 107, the 
Secretary shall make grants under this title for a fiscal year to each 
State educational agency for which the Secretary has approved an 
application under subsection (h) in an amount equal to the allotment 
determined for such agency under subsection (c) for such fiscal year.
    (b) Reservations.--From the total amount made available to carry 
out this title for a fiscal year, the Secretary--
            (1) shall reserve not more than 1 percent for the Secretary 
        of the Interior (on behalf of the Bureau of Indian Affairs) and 
        the outlying areas for activities carried out in accordance 
        with this section;
            (2) shall reserve 1 percent to evaluate the effectiveness 
        of this title in achieving the purposes of this title and 
        ensuring that results are peer-reviewed and widely 
        disseminated, which may include hiring an outside evaluator; 
        and
            (3) shall reserve 5 percent for technical assistance and 
        dissemination of best practices in middle grades education to 
        States and local educational agencies.
    (c) Amount of State Allotments.--
            (1) In general.--Of the total amount made available to 
        carry out this title for a fiscal year and not reserved under 
        subsection (b), the Secretary shall allot such amount among the 
        States in proportion to the number of children, aged 5 to 17, 
        who reside within the State and are from families with incomes 
        below the poverty line for the most recent fiscal year for 
        which satisfactory data are available, compared to the number 
        of such individuals who reside in all such States for that 
        fiscal year, determined in accordance with section 
        1124(c)(1)(A) of the Elementary and Secondary Education Act of 
        1965(20 U.S.C. 6333(c)(1)(A)).
            (2) Minimum allotments.--No State educational agency shall 
        receive an allotment under this subsection for a fiscal year 
        that is less than \1/2\ of 1 percent of the amount made 
        available to carry out this title for such fiscal year.
    (d) Matching Requirement.--
            (1) In general.--To be eligible to receive a grant under 
        this title, a State educational agency shall provide non-
        Federal matching funds equal to not less than 25 percent of the 
        amount of the grant.
            (2) In-kind contributions.--In-kind contributions, fairly 
        assessed, may be used to meet the requirement of paragraph (1) 
        but only to the extent of 10 percent of the amount of the 
        grant.
    (e) Special Rule.--For any fiscal year for which the funds 
appropriated to carry out this title are less that $500,000,000, the 
Secretary is authorized to award grants to State educational agencies, 
on a competitive basis, rather than as allotments described in this 
section, to enable such agencies to award subgrants, on a competitive 
basis, to carry out the activities authorized under section 104.
    (f) Reallotment.--
            (1) Failure to apply; application not approved.--If any 
        State does not apply for an allotment under this title for a 
        fiscal year, or if the application from the State educational 
        agency is not approved, the Secretary shall reallot the amount 
        of the State's allotment to the remaining States in accordance 
        with this section.
            (2) Unused funds.--The Secretary may reallot any amount of 
        an allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within 2 years of such 
        allotment. Such reallotments shall be made on the same basis as 
        allotments are made under subsection (c).
    (g) Application.--In order to receive a grant under this title, a 
State educational agency shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may reasonably require, including a State middle school 
improvement plan described in section 103(a)(4).
    (h) Peer Review and Selection.--The Secretary--
            (1) shall establish a peer-review process to assist in the 
        review and approval of proposed State applications;
            (2) shall appoint individuals to participate in the peer-
        review process who are educators and experts in identifying, 
        evaluating, and implementing effective education programs and 
        practices, including areas of teaching and learning, 
        educational standards and assessments, school improvement, and 
        academic and behavioral supports for middle school students, 
        including recognized exemplary middle level teachers and 
        principals who have been recognized at the State or national 
        level for exemplary work or contributions to the field;
            (3) shall ensure that States are given the opportunity to 
        receive timely feedback, and to interact with peer-review 
        panels, in person or via electronic communication, on issues 
        that need clarification during the peer-review process;
            (4) shall approve a State application submitted under this 
        title not later than 120 days after the date of submission of 
        the application unless the Secretary determines that the 
        application does not meet the requirements of this title;
            (5) may not decline to approve a State's application 
        before--
                    (A) offering the State an opportunity to revise the 
                State's application;
                    (B) providing the State with technical assistance 
                in order to submit a successful application; and
                    (C) providing a hearing to the State; and
            (6) shall direct the Inspector General of the Department to 
        review final determinations reached by the Secretary to approve 
        or deny State applications, and to analyze the consistency of 
        the process used by peer review panels in reviewing and 
        recommending to the Secretary approval or denial of such State 
        applications, and report the findings of this review and 
        analysis to Congress.

SEC. 103. STATE PLAN; AUTHORIZED ACTIVITIES.

    (a) Mandatory Activities.--
            (1) In general.--A State educational agency that receives a 
        grant under this title shall use the grant funds--
                    (A) to prepare and implement the needs analysis and 
                middle school improvement plan described in paragraphs 
                (3) and (4) of such agency;
                    (B) to make subgrants to local educational agencies 
                under section 104; and
                    (C) to assist local educational agencies when 
                determined necessary, or at the request of a local 
                educational agency, in designing an improvement plan 
                and carrying out the activities under section 104.
            (2) Funds for subgrants.--A State educational agency that 
        receives a grant under this title shall use not less than 80 
        percent of the grant funds to make subgrants to local 
        educational agencies under section 104.
            (3) Middle school needs analysis.--
                    (A) In general.--A State educational agency that 
                receives a grant under this title shall enter into a 
                contract, or similar formal agreement, to work with 
                entities such as national and regional comprehensive 
                centers (as described in section 203 of the Educational 
                Technical Assistance Act of 2002), institutions of 
                higher education, or nonprofit organizations, to 
                prepare a plan that analyzes how to strengthen the 
                programs, practices, and policies of the State in 
                supporting middle school education, including the 
                factors, such as local implementation, that influence 
                variation in the effectiveness of such programs, 
                practices, and policies.
                    (B) Preparation of plan.--In preparing the plan 
                under subparagraph (A), the State educational agency 
                shall examine policies and practices of the State, and 
                of local educational agencies within the State, 
                affecting--
                            (i) middle school curriculum instruction 
                        and assessment;
                            (ii) education accountability and data 
                        systems;
                            (iii) teacher quality and equitable 
                        distribution; and
                            (iv) interventions that support learning in 
                        school.
            (4) Middle school improvement plan.--
                    (A) In general.--A State educational agency that 
                receives a grant under this title shall develop a 
                middle school improvement plan that shall be a 
                statewide plan to improve student academic achievement, 
                based on the needs analysis described in paragraph (3), 
                that describes what students are required to know and 
                do to successfully--
                            (i) complete the middle grades; and
                            (ii) make the transition to succeed in an 
                        academically rigorous high school coursework, 
                        that prepares students for college, independent 
                        living, and employment.
                    (B) Plan components.--A middle school improvement 
                plan described in subparagraph (A) shall also describe 
                how the State educational agency will do each of the 
                following:
                            (i) Ensure that the curricula and 
                        assessments for middle grades education are 
                        aligned with high school curricula and 
                        assessments and prepare students to take 
                        challenging high school courses and 
                        successfully engage in postsecondary education, 
                        ensuring coordination, where applicable, with 
                        grants for P-16 alignment as provided in 
                        section 6401 of the America COMPETES Act 
                        (Public Law 110-69).
                            (ii) Provide professional development to 
                        school leaders, teachers, and other school 
                        personnel in addressing the needs of diverse 
                        learners, including students with disabilities 
                        and English language learners, in using 
                        challenging and relevant research-based best 
                        practices and curricula, and in using data to 
                        inform instruction.
                            (iii) Identify and disseminate information 
                        on effective schools and instructional 
                        strategies for middle grade learners based on 
                        high-quality research.
                            (iv) Include specific provisions for 
                        students most at-risk of failure, including 
                        English language learners and students with 
                        disabilities.
                            (v) Develop and implement early 
                        identification data systems (as defined in 
                        section 104(k)) to alert schools when students 
                        begin to exhibit outcomes or behaviors that 
                        indicate the student is at increased risk for 
                        low academic achievement or is unlikely to 
                        progress to high school graduation, to and 
                        develop and implement a system of evidence 
                        based interventions that schools can use to 
                        effectively intervene.
                            (vi) Define a set of comprehensive school 
                        performance indicators that shall be used, in 
                        addition to the indicators used to determine 
                        adequate yearly progress, to evaluate school 
                        performance, and guide the school improvement 
                        process, such as--
                                    (I) student attendance and 
                                absenteeism;
                                    (II) earned on-time promotion rates 
                                from grade to grade;
                                    (III) percent of students failing a 
                                mathematics, reading or language arts, 
                                or science course, or failing 2 or more 
                                of any course;
                                    (IV) teacher quality and attendance 
                                measures;
                                    (V) in-school and out-of-school 
                                suspension or other measurable evidence 
                                of at-risk behavior; and
                                    (VI) additional indicators proposed 
                                by the State educational agency, and 
                                approved by the Secretary pursuant to 
                                the peer-review process described in 
                                section 102(h).
                            (vii) Ensure that such plan is coordinated 
                        with State activities to turn around other 
                        schools in need of improvement, including State 
                        activities to improve high schools and 
                        elementary schools.
    (b) Permissible Activities.--
            (1) In general.--A State educational agency that receives a 
        grant under this title may use the grant funds to make 
        competitive grants to eligible entities to carry out the 
        following activities:
                    (A) Develop and encourage collaborations among 
                researchers at institutions of higher education, State 
                educational agencies, educational service agencies (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801), local 
                educational agencies, and nonprofit organizations to 
                expand the use of effective practices in the middle 
                grades and to improve middle grade education.
                    (B) Support local educational agencies in 
                implementing effective middle grade practices, models 
                and programs that are evidence-based or, when 
                available, scientifically valid and that lead to 
                improved student academic achievement.
                    (C) Support collaborative communities of middle 
                school teachers, administrators, and researchers in 
                creating and sustaining informational databases to 
                disseminate results from rigorous research on effective 
                practices and programs for middle grade education.
                    (D) Increase student support services, such as 
                school counseling on the transition to high school.
            (2) Eligible entity.--In this subsection, the term 
        ``eligible entity'' means any partnership that includes not 
        less than 1 local educational agency and may include an 
        institution of higher education, an educational service agency, 
        and any non-profit organization with demonstrated expertise in 
        high quality middle grade interventions.

SEC. 104. COMPETITIVE SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES TO 
              IMPROVE LOW-PERFORMING MIDDLE GRADES.

    (a) In General.--A State educational agency that receives a grant 
under this title shall make competitive subgrants to eligible local 
educational agencies.
    (b) Priorities.--In making subgrants under this section, a State 
educational agency shall give priority to eligible local educational 
agencies based on--
            (1) the local educational agency's respective populations 
        of children described in section 102(c)(1); and
            (2) the local educational agency's respective populations 
        of children attending eligible schools.
    (c) Matching Requirement.--
            (1) In general.--To be eligible to receive a subgrant under 
        this section, an eligible local educational agency shall 
        provide non-Federal matching funds equal to not less than 15 
        percent of the amount of the subgrant.
            (2) In-kind contributions.--In-kind contributions, fairly 
        assessed, may be used to meet the requirement of paragraph (1) 
        but only to the extent of 10 percent of the amount of the 
        subgrant.
    (d) Application.--An eligible local educational agency that desires 
to receive a subgrant under this title shall submit an application to 
the State educational agency at such time, in such manner, and 
accompanied by such information as the State educational agency may 
reasonably require, including--
            (1) a comprehensive schoolwide improvement plan described 
        in subsection (e);
            (2) a description of how activities described in such plan 
        will be coordinated with activities specified in plans for 
        schoolwide programs under section 1114 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6314) and school 
        improvement plans required under section 1116 of such Act (20 
        U.S.C. 6316); and
            (3) a description of how activities described in such plan 
        will be complementary to, and coordinated with, school 
        improvement activities for elementary schools and high schools 
        in need of improvement that serve the same students within the 
        local educational agency.
    (e) Comprehensive Schoolwide Improvement Plan.--An eligible local 
educational agency that desires to receive a subgrant under this title 
shall develop a comprehensive schoolwide improvement plan that shall 
include the information described in subsection (d)(2) and describe how 
the agency will--
            (1) identify eligible schools;
            (2) ensure that funds go to the highest priority eligible 
        schools first;
            (3) use funds to improve the academic achievement of all 
        students, including English language learners and students with 
        disabilities, in eligible schools and middle grades;
            (4) implement an early identification data system and use 
        this data to guide decisions on implementing appropriate 
        interventions;
            (5) increase academic rigor and foster student engagement 
        to ensure students are entering high school prepared for 
        success in a rigorous college-ready curriculum, including a 
        description of how such readiness will be measured;
            (6) implement a systemic transition plan for all students 
        and encourage collaboration between elementary, middle, and 
        high schools; and
            (7) provide evidence of an ongoing commitment to sustain 
        the plan for a period of not less than 4 years.
    (f) Review and Selection of Subgrants.--In making subgrants under 
this section, the State educational agency shall--
            (1) establish a peer-review process to assist in the review 
        and approval of eligible local educational agency applications; 
        and
            (2) appoint individuals to participate in the peer-review 
        process who are educators and experts in identifying, 
        evaluating, and implementing effective education programs and 
        practices, including areas of teaching and learning, 
        educational standards and assessments, school improvement, and 
        academic and behavioral supports for middle school students, 
        including recognized exemplary middle level teachers and 
        principals who have been recognized at the State or national 
        level for exemplary work or contributions to the field.
    (g) Revision of Subgrants.--If a State educational agency, using 
the peer-review process described in subsection (f), determines that an 
eligible local educational agency's application does not meet the 
requirements of this title, the State educational agency shall notify 
the local educational agency of such determination and the reasons for 
such determination, and offer--
            (1) the local educational agency an opportunity to revise 
        and resubmit the application; and
            (2) technical assistance to the local educational agency to 
        revise the application.
    (h) Mandatory Uses of Funds.--An eligible local educational agency 
that receives a subgrant under this section shall carry out the 
following in each eligible school served by the agency:
            (1) Align curricula among elementary grades, middle grades, 
        and high schools to improve transitions from elementary school 
        to middle school and from middle school to high school within 
        the local educational agency, and across all grade levels 
        within middle schools to improve grade to grade transitions.
            (2) Implement evidence-based or, when available, 
        scientifically valid instructional strategies, programs, and 
        learning environments that meet the needs of all students and 
        ensure that school leaders and teachers receive professional 
        development on the use of these strategies.
            (3) Ensure that school leaders, teachers, pupil service 
        personnel, and other school staff understand the developmental 
        stages of adolescents in the middle grades and how to deal with 
        those stages appropriately in an educational setting.
            (4) Implement organizational practices and school schedules 
        that allow for effective leadership, collaborative staff 
        participation, effective teacher teaming, and parent and 
        community involvement.
            (5) Create a more personalized and engaging learning 
        environment for middle grade students by developing a personal 
        academic plan for each student and assigning not less than 1 
        adult to help monitor student progress.
            (6) Provide all students with information and assistance 
        about the requirements for high school graduation, college 
        admission, and career success.
            (7) Utilize data from an early identification data system 
        and guidance resources to identify struggling students and 
        assist the students as the students transition from elementary 
        school to middle school and from middle school to high school.
            (8) Implement academic supports and effective and 
        coordinated additional assistance programs to ensure that 
        students have a strong foundation in reading, writing, 
        mathematics, and science skills.
            (9) Implement evidence-based or, when available, 
        scientifically valid schoolwide programs and targeted supports 
        to promote positive academic outcomes, such as increased 
        attendance rates and the promotion of physical, personal, and 
        social development.
            (10) Develop and use an effective formative assessment to 
        inform instruction.
    (i) Permissible Uses of Funds.--An eligible local educational 
agency that receives a subgrant under this section may use the subgrant 
funds to carry out the following:
            (1) Implement extended learning opportunities in core 
        academic areas including more instructional time in literacy, 
        mathematics, science, history, and civics in addition to 
        opportunities for language instruction and understanding other 
        cultures and the arts.
            (2) Provide evidence-based professional development 
        activities with specific benchmarks to enable teachers and 
        other school staff to appropriately monitor academic and 
        behavioral progress, modify curricula, and implement 
        accommodations and assistive technology services for students 
        with disabilities, consistent with individualized education 
        programs under section 614(d) of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1414(d)).
            (3) Employ and use instructional coaches, including 
        literacy, mathematics, and English language learner coaches.
            (4) Provide professional development for content-area 
        teachers on working effectively with English language learners 
        and students with disabilities, as well as professional 
        development for English as a second language educators, 
        bilingual educators, and special education personnel.
            (5) Encourage and facilitate the sharing of data among 
        elementary schools, middle schools, and high schools as well as 
        postsecondary institutions.
            (6) Create collaborative study groups composed of 
        principals or teachers, or both, among middle schools within 
        the eligible local educational agency, or between the eligible 
        local educational agency and another local educational agency, 
        with a focus on developing and sharing methods to increase 
        student learning and academic achievement.
    (j) Planning Subgrants.--
            (1) In general.--In addition to the subgrants to which the 
        preceding provisions of this section apply, a State educational 
        agency may (without regard to such preceding provisions) make 
        planning subgrants, and provide technical assistance, to 
        eligible local educational agencies that have not received a 
        subgrant under subsection (a) to assist the local educational 
        agencies in meeting the requirements of subsections (d) and 
        (e).
            (2) Amount and duration.--Subgrants under this subsection 
        may not exceed $50,000 nor 1 year in duration.
    (k) Definitions.--In this section:
            (1) Early identification data system.--The term ``early 
        identification data system'' means an electronic system--
                    (A) that is maintained by the State educational 
                agency for use by local educational agencies and 
                schools containing not less than 1 middle grade;
                    (B) that stores individual middle grade student 
                level data (including data necessary to make the 
                determinations under paragraph (3)(B)) tied to a unique 
                student identifier on school outcomes that has been 
                shown to be highly predictive of whether or not a 
                student is on track to graduate from high school with a 
                regular diploma, such as--
                            (i) student attendance and absenteeism;
                            (ii) earned on-time promotion rates from 
                        grade to grade;
                            (iii) a failing grade in a mathematics, 
                        reading or language arts course;
                            (iv) in-school and out-of-school suspension 
                        or other measurable evidence of at-risk 
                        behavior; and
                            (v) additional indicators proposed by the 
                        State educational agency and approved by the 
                        Secretary;
                    (C) the data in which is easily accessible to 
                teachers and administrators; and
                    (D) that is updated on a regular basis to measure 
                student progress over time.
            (2) Eligible local educational agency.--The term ``eligible 
        local educational agency'' means a local educational agency 
        that serves not less than 1 eligible school.
            (3) Eligible school.--The term ``eligible school'' means a 
        school containing not less than 1 middle grade and--
                    (A) more than 50 percent of the middle grade 
                students go on to attend a high school with a 
                graduation rate of less than 60 percent;
                    (B) more than 25 percent of the students who finish 
                grade 6, or the earliest middle grade level in the 
                school, exhibit 1 or more of the key risk factors and 
                early risk identification signs, including--
                            (i) student attendance below 90 percent;
                            (ii) a failing grade in a mathematics, 
                        reading or language arts course;
                            (iii) 2 failing grades in any courses; and
                            (iv) out-of-school suspension or other 
                        evidence of at-risk behavior; or
                    (C) more than 50 percent of the middle grade 
                students do not perform at a proficient level on State 
                assessments required under section 1111(b)(3) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(3)) in mathematics or reading or 
                language arts.

SEC. 105. DURATION OF GRANTS; SUPPLEMENT NOT SUPPLANT.

    (a) Duration of Grants.--
            (1) In general.--Except as provided in paragraph (2), 
        grants and subgrants under this title may not exceed 3 years in 
        duration.
            (2) Renewals.--
                    (A) In general.--Grants and subgrants under this 
                title may be renewed in 2-year increments.
                    (B) Conditions.--In order to be eligible to have a 
                grant or subgrant renewed under this paragraph, the 
                grant or subgrant recipient shall demonstrate, to the 
                satisfaction of the granting entity, that--
                            (i) the recipient has complied with the 
                        terms of the grant or subgrant, including by 
                        undertaking all required activities; and
                            (ii) during the period of the grant or 
                        subgrant, there has been significant progress 
                        in student academic achievement, as measured by 
                        the annual measurable objectives established 
                        pursuant to section 1111(b)(2)(C)(v) of the 
                        Elementary and Secondary Education Act (20 
                        U.S.C. 6311(b)(2)(C)(v)) and other key risk 
                        factors such as attendance and on-time 
                        promotion.
    (b) Federal Funds to Supplement, Not Supplant, Non-Federal Funds.--
            (1) In general.--A State educational agency or local 
        educational agency shall use Federal funds received under this 
        title only to supplement the funds that would, in the absence 
        of such Federal funds, be made available from non-Federal 
        sources for the education of pupils participating in programs 
        assisted under this title, and not to supplant such funds.
            (2) Special rule.--Nothing in this title shall be construed 
        to authorize an officer, employee, or contractor of the Federal 
        Government to mandate, direct, limit, or control a State, local 
        educational agency, or school's specific instructional content, 
        academic achievement standards and assessments, curriculum, or 
        program of instruction.

SEC. 106. EVALUATION AND REPORTING.

    (a) Evaluation.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter for the period of the 
grant, each State receiving a grant under this title shall--
            (1) conduct an evaluation of the State's progress regarding 
        the impact of the changes made to the policies and practices of 
        the State in accordance with this title, including--
                    (A) a description of the specific changes made, or 
                in the process of being made, to policies and practices 
                as a result of the grant;
                    (B) a discussion of any barriers hindering the 
                identified changes in policies and practices, and 
                implementations strategies to overcome such barriers;
                    (C) evidence of the impact of changes to policies 
                and practices on behavior and actions at the local 
                educational agency and school level; and
                    (D) evidence of the impact of the changes to State 
                and local policies and practices on improving 
                measurable learning gains by middle school students;
            (2) use the results of the evaluation conducted under 
        paragraph (1) to adjust the policies and practices of the State 
        as necessary to achieve the purposes of this title; and
            (3) submit the results of the evaluation to the Secretary.
    (b) Availability.--The Secretary shall make the results of each 
State's evaluation under subsection (a) available to other States and 
local educational agencies.
    (c) Local Educational Agency Reporting.--On an annual basis, each 
eligible local educational agency receiving a subgrant under this title 
shall report to the State educational agency and to the public on--
            (1) the school performance indicators (as described in 
        section 103(a)(4)(B)(vi)) for each eligible school (as defined 
        in section 104(k)) served by the local educational agency, in 
        the aggregate and disaggregated by the subgroups described in 
        section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and
            (2) the use of funds by the local educational agency and 
        each such school.
    (d) State Educational Agency Reporting.--On an annual basis, each 
State educational agency receiving grant funds under this title shall 
report to the Secretary and to the public on--
            (1) the school performance indicators (as described in 
        section 103(a)(4)(B)(vi)) in the aggregate and disaggregated by 
        the subgroups described in section 1111(b)(2)(C)(v)(II) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(2)(C)(v)(II)); and
            (2) the use of the funds by each local educational agency 
        and each school served with such funds.
    (e) Report to Congress.--Every 2 years, the Secretary shall report 
to the public and to Congress--
            (1) a summary of the State reports under subsection (d); 
        and
            (2) the use of funds by each State under this title.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$1,000,000,000 for fiscal year 2008 and such sums as may be necessary 
for each of the 5 succeeding fiscal years.

                   TITLE II--RESEARCH RECOMMENDATIONS

SEC. 201. PURPOSE.

    The purpose of this title is to facilitate the generation, 
dissemination, and application of research needed to identify and 
implement effective practices that lead to continual student learning 
and high academic achievement at the middle level.

SEC. 202. RESEARCH RECOMMENDATIONS.

    (a) Study on Promising Practices.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the Center for Education of the National 
        Academies to identify promising practices for the improvement 
        of middle school education.
            (2) Content of study.--The study described in paragraph (1) 
        shall identify promising practices currently being implemented 
        for the improvement of middle school education. The study shall 
        be conducted in an open and transparent way that provides 
        interim information to the public about criteria being used to 
        identify--
                    (A) promising practices;
                    (B) the practices that are being considered; and
                    (C) the kind of evidence needed to document 
                effectiveness.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the Center for Education of the 
        National Academies submit to the Secretary, the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Committee on Education and Labor of the House of 
        Representatives a final report regarding the study conducted 
        under this subsection not later than 1 year after the date of 
        the commencement of the contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (b) Synthesis Study of Effective Teaching and Learning in Middle 
School.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall enter into a 
        contract with the Center for Education of the National 
        Academies to review existing research on middle school 
        education, and on factors that might lead to increased 
        effectiveness and enhanced innovation in middle school 
        education.
            (2) Content of study.--The study described in paragraph (1) 
        shall review research on education programs, practices, and 
        policies, as well as research on the cognitive, social, and 
        emotional development of children in the middle grades age 
        range, in order to provide an enriched understanding of the 
        factors that might lead to the development of innovative and 
        effective middle school programs, practices, and policies. The 
        study shall focus on--
                    (A) the areas of curriculum, instruction, and 
                assessment (including additional supports for students 
                who are below grade level in reading, writing, 
                mathematics, and science, and the identification of 
                students with disabilities) to better prepare all 
                students for subsequent success in high school, 
                college, and cognitively challenging employment;
                    (B) the quality of, and supports for, the teacher 
                workforce;
                    (C) aspects of student behavioral and social 
                development, and of social interactions within schools 
                that affect the learning of academic content;
                    (D) the ways in which schools and local educational 
                agencies are organized and operated that may be linked 
                to student outcomes; and
                    (E) identification of areas where further research 
                and evaluation may be needed on these topics to further 
                the development of effective middle school practices.
            (3) Report.--The contract entered into pursuant to this 
        subsection shall require that the Center for Education of the 
        National Academies submit to the Secretary, the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Committee on Education and Labor of the House of 
        Representatives a final report regarding the study conducted 
        under this subsection not later than 2 years after the date of 
        commencement of the contract.
            (4) Publication.--The Secretary shall make public and post 
        on the website of the Department of Education the findings of 
        the study conducted under this subsection.
    (c) Other Activities.--The Secretary shall carry out each of the 
following:
            (1) Create a national clearinghouse, in coordination with 
        entities such as What Works and the Doing What Works 
        Clearinghouses, for research in best practices in the middle 
        grades and in the approaches that successfully take those best 
        practices to scale in schools and local educational agencies.
            (2) Create a national middle grades database accessible to 
        educational researchers, practitioners, and policymakers that 
        identifies school, classroom, and system-level factors that 
        facilitate or impede student academic achievement in the middle 
        grades.
            (3) Require the Institute for Education Sciences to develop 
        a strand of field-initiated and scientifically valid research 
        designed to enhance performance of middle grade schools and 
        students who are most at risk of educational failure, which may 
        be coordinated with the Regional Education Laboratories, 
        institutions of higher education, agencies recognized for their 
        research work that has been published in peer-reviewed 
        journals, and organizations that have regional education 
        laboratories funded through the Institute for Education 
        Sciences. Such research shall target specific issues such as--
                    (A) effective practices for instruction and 
                assessment in mathematics, science, technology, and 
                literacy;
                    (B) academic interventions for adolescent English 
                language learners;
                    (C) school improvement programs and strategies for 
                closing the academic achievement gap;
                    (D) evidence-based or, when available, 
                scientifically valid professional development planning 
                targeted to improve pedagogy and student academic 
                achievement;
                    (E) the effects of increased learning or extended 
                school time in the middle grades; and
                    (F) the effects of decreased class size or 
                increased instructional and support staff.
            (4) Strengthen the work of the existing National Research 
        and Development Centers by adding an Educational Research and 
        Development Center dedicated to addressing--
                    (A) curricular, instructional, and assessment 
                issues pertinent to the middle grades (such as 
                mathematics, science, technological fluency, the needs 
                of English language learners, and students with 
                disabilities);
                    (B) comprehensive school-wide reforms for low-
                performing middle grade schools; and
                    (C) other topics pertinent to middle schools.
            (5) Provide grants to nonprofit organizations, for-profit 
        organizations, institutions of higher education, and others to 
        partner with State educational agencies and local educational 
        agencies to develop, adapt, or replicate effective models for 
        turning around low-performing middle schools.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.

    (a) Authorization.--There are authorized to be appropriated to 
carry out this title $100,000,000 for fiscal year 2008 and such sums as 
may be necessary for each of the 5 succeeding fiscal years.
    (b) Reservations.--From the total amount made available to carry 
out this title, the Secretary shall reserve--
            (1) 2.5 percent for the studies described in subsections 
        (a) and (b) of section 202;
            (2) 5 percent for the clearinghouse described in section 
        202(c)(1);
            (3) 5 percent for the database described in section 
        202(c)(2);
            (4) 42.5 percent for the activities described in section 
        202(c)(3);
            (5) 15 percent for the activities described in section 
        202(c)(4); and
            (6) 30 percent for the activities described in section 
        202(c)(5).
                                 <all>