[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2312 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2312

To amend title VI of the Elementary and Secondary Education Act of 1965 
          to provide for State student achievement contracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2007

 Mr. Alexander introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend title VI of the Elementary and Secondary Education Act of 1965 
          to provide for State student achievement contracts.

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

SECTION 1. STATE STUDENT ACHIEVEMENT CONTRACTS.

    (a) Amendment.--Title VI of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7301 et seq.) is amended--
            (1) by redesignating part C (20 U.S.C. 7371 et seq.) as 
        part D;
            (2) by redesignating sections 6301 and 6302 (20 U.S.C. 
        7371, 7372) as sections 6401 and 6402, respectively; and
            (3) by inserting after part B (20 U.S.C. 7341 et seq.) the 
        following:

             ``PART C--STATE STUDENT ACHIEVEMENT CONTRACTS

``SEC. 6301. SHORT TITLE.

    ``This part may be cited as the `State Student Achievement 
Contracts Act'.

``SEC. 6302. PURPOSE.

    ``The purpose of this part is to allow not more than 12 State 
educational agencies, that establish and implement challenging and 
rigorous academic standards, academic assessments, and accountability 
systems, greater flexibility to--
            ``(1) improve their academic achievement standards, 
        academic assessments, and State accountability systems;
            ``(2) increase the academic achievement of all students;
            ``(3) narrow achievement gaps between the lowest- and 
        highest-achieving groups of students; and
            ``(4) eliminate barriers to implementing effective 
        education reforms.

``SEC. 6303. STATE STUDENT ACHIEVEMENT CONTRACTS.

    ``(a) Authority.--In accordance with this part, the Secretary shall 
establish and implement procedures that permit the Secretary to enter 
into a State student achievement contract, on a competitive basis, with 
not more than 12 State educational agencies, under which such a State 
educational agency may--
            ``(1) waive any statutory or regulatory requirement of any 
        program under this Act (other than a requirement of this part) 
        under which the Secretary awards funds to States on the basis 
        of a formula, including such a requirement applicable to any 
        local educational agency or school within the State, except 
        those requirements relating to--
                    ``(A) maintenance of effort;
                    ``(B) comparability of services;
                    ``(C) equitable participation of students and 
                professional staff in private schools;
                    ``(D) allocation or distribution of funds to local 
                educational agencies, subject to paragraph (2);
                    ``(E) serving eligible school attendance areas in 
                rank order under section 1113(a)(3);
                    ``(F) the selection of a school attendance area or 
                school under subsections (a) and (b) of section 1113, 
                except that such a State educational agency may grant a 
                waiver to allow a school attendance area or school to 
                participate in activities under part A of title I if 
                the percentage of children from low-income families in 
                the school attendance area or who attend such school is 
                not less than 10 percentage points below the lowest 
                percentage of such children for any school attendance 
                area or school in the State that meets the requirements 
                of subsections (a) and (b) of section 1113;
                    ``(G) use of Federal funds to supplement, not 
                supplant, non-Federal funds;
                    ``(H) applicable civil rights requirements; and
                    ``(I) prohibitions regarding--
                            ``(i) State aid described in section 9522;
                            ``(ii) use of funds for religious worship 
                        or instruction described in section 9505; and
                            ``(iii) uses of funds for activities 
                        described in section 9526;
            ``(2) use funds made available to the State for State-level 
        activities under section 1004, paragraph (4) or (5) of section 
        1202(d), section 2113(a)(3), section 2412(a)(1), subsection 
        (a)(1) (with the agreement of the chief executive officer of 
        the State), (b)(2), or (c)(1) of section 4112, section 4202(c), 
        or section 5112(b), to carry out the uses of funds under 1 or 
        more of such sections, paragraphs, or subsections, or under 
        part A of title I, except that any such funds so used shall not 
        be subject to allocation or distribution requirements under 
        such sections, paragraphs, subsections, or part;
            ``(3) allow local educational agencies in the State to use 
        funds made available under section 2121, 2412(a)(2)(A), 
        4112(b)(1), or 5112(a) to carry out the uses of funds under 1 
        or more of such sections or under part A of title I, except 
        that any such funds so used shall not be subject to allocation 
        or distribution requirements under such sections or part; and
            ``(4) require local educational agencies identified under 
        subsection (b)(5)(C) to use funds in accordance with paragraph 
        (3) in order to effectively implement the intervention 
        described in subsection (b)(5)(D).
    ``(b) State Applications.--To be eligible to enter into a State 
student achievement contract under this part, 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 
reasonably require. The application shall demonstrate that the State is 
in full compliance with all requirements of part A of title I, as such 
part was in effect on the day before the date of enactment of the State 
Student Achievement Contracts Act, relating to academic standards, 
assessments, and accountability, and shall include the following:
            ``(1) Evidence.--Evidence that the proposed contract was 
        reviewed by independent experts with knowledge and expertise in 
        educational standards, assessments, and accountability.
            ``(2) Standards.--A demonstration, consistent with section 
        1111(b)(1)(A), through a documented and validated standards-
        setting process, including an independent, external review, 
        that the State academic content standards, State student 
        academic achievement standards, and educational objectives 
        under paragraph (12), are--
                    ``(A) fully articulated and aligned across 
                kindergarten through grade 12, and include college and 
                career-ready standards for secondary school graduation, 
                including aligned course-level outcomes, developed in 
                consultation with the State agency responsible for 
                higher education, institutions of higher education, and 
                representatives of the business community; or
                    ``(B) at least as rigorous as national or 
                international education standards and objectives 
                measuring long-term trends and student academic 
                achievement standards and objectives.
            ``(3) Assessments.--
                    ``(A) Assurances.--An assurance that the State 
                will--
                            ``(i) assess students in the subjects and 
                        grades described in section 1111(b)(3)(C)(v) 
                        and (vii), conduct such assessment annually, 
                        and comply with section 1111(b)(7);
                            ``(ii) demonstrate to the Secretary that 
                        any assessment used by the State and conducted 
                        under subparagraph (A) meets the requirements 
                        of clauses (i) through (iv) and (vi) through 
                        (xv) of section 1111(b)(3)(C); and
                            ``(iii) describe any other student academic 
                        assessments the State educational agency will 
                        use, consistent with section 1111(b)(4), as 
                        part of the State's accountability system 
                        described in paragraph (5).
                    ``(B) Information.--Information demonstrating that 
                the State is administering assessments that are aligned 
                with the standards described in paragraph (2), or will 
                administer such aligned assessments in the next school 
                year.
            ``(4) Disaggregation.--An assurance that--
                    ``(A) the State will disaggregate data in the same 
                manner as data are disaggregated under section 
                1111(b)(2)(C)(v)(II); and
                    ``(B) student performance data will be 
                disaggregated in the same manner as data are 
                disaggregated under section 1111(b)(3)(C)(xiii).
            ``(5) Accountability system.--An explanation of how the 
        State will use the State's authority described in subsection 
        (a) to develop and implement--
                    ``(A) statewide annual measurable objectives which 
                shall--
                            ``(i) be set separately for all assessments 
                        used by the State under paragraph (3);
                            ``(ii) be the same for all schools and 
                        local educational agencies in the States;
                            ``(iii) identify a single minimum 
                        percentage of students who are required to meet 
                        or exceed the proficient level on the academic 
                        assessments that applies separately to each 
                        group of students described in section 
                        1111(b)(2)(C)(v)(II); and
                            ``(iv) ensure that all students will meet 
                        or exceed the State's proficient level of 
                        academic achievement on the State assessments 
                        within the State's timeline described in 
                        paragraph (6).
                    ``(B) a single, statewide accountability system 
                consistent with the requirements of section 1111(b)(2);
                    ``(C) a comprehensive, uniform system for 
                identifying schools and local educational agencies for 
                intervention based on achievement towards meeting 
                proficiency targets established under paragraph (6) for 
                students and subgroups that are disaggregated under 
                paragraph (4); and
                    ``(D) a comprehensive, uniform system for providing 
                intervention to schools and local educational agencies 
                identified under subparagraph (C), including a specific 
                description and explanation of--
                            ``(i) specific interventions that will be 
                        provided to all schools and local educational 
                        agencies so identified--
                                    ``(I) which shall include providing 
                                options to students in schools so 
                                identified, including options 
                                regarding--
                                            ``(aa) supplemental 
                                        educational services that will 
                                        be provided consistent with 
                                        1116(e); or
                                            ``(bb) public school choice 
                                        that will be provided 
                                        consistent with section 
                                        1116(b)(1)(E); and
                                    ``(II) which may include--
                                            ``(aa) targeted 
                                        intervention by the State or 
                                        local educational agency;
                                            ``(bb) replacement of 
                                        school personnel; and
                                            ``(cc) conversion of a 
                                        public school into a public 
                                        charter school;
                            ``(ii) how the State or local educational 
                        agency will monitor local educational agency or 
                        school performance over time and impose more 
                        stringent measures on local educational 
                        agencies or schools, respectively, the longer 
                        local educational agencies or schools, 
                        respectively, do not make adequate yearly 
                        progress; and
                            ``(iii) how the State will ensure that 
                        local educational agencies or schools that do 
                        not make adequate yearly progress for 5 
                        consecutive school years undertake alternate 
                        governance arrangements.
            ``(6) Student proficiency targets.--A demonstration and 
        explanation of the State trajectory that is in place for all 
        students to meet proficiency targets--
                    ``(A) by the timelines established in sections 
                1111(b)(2)(E) and 1111(b)(2)(F); or
                    ``(B) in not more than 3 years and upon graduation 
                from secondary school.
            ``(7) Teacher quality.--An assurance that the State has 
        rigorous teacher quality standards, which may include State 
        determined teacher effectiveness standards, that reflect clear 
        and fair measures of teacher and principal performance based on 
        demonstrated improvements in student academic achievement.
            ``(8) Data systems.--A demonstration that the State 
        educational agency has an effective data system capable of 
        reporting classroom and school level data.
            ``(9) Waivers.--A list of any statutory or regulatory 
        requirements that the State intends to waive for local 
        educational agencies and schools within the State as part of 
        the State student achievement contract and the process the 
        State educational agency will use to evaluate and grant such 
        waivers.
            ``(10) State approval.--An assurance that the proposed 
        State student achievement contract was developed by the State 
        educational agency in consultation with local educational 
        agencies, teachers, principals, pupil services personnel, 
        administrators (including administrators of programs described 
        in parts A through H of title I), and parents, and was approved 
        by not less than 1 of the following:
                    ``(A) The Governor of the State.
                    ``(B) The State legislature.
            ``(11) Duration.--A statement that the duration of the 
        State student achievement contract shall be for a period of not 
        more than 5 years.
            ``(12) Educational objectives plan.--A plan, for the 
        duration of the State student achievement contract, that 
        describes the educational objectives the State educational 
        agency plans to achieve, which objectives shall meet 
        requirements similar to the requirements of clauses (i) through 
        (v) of section 1111(b)(2)(G).
            ``(13) Consolidated funds.--A description of the funds the 
        State educational agency intends to use in accordance with 
        subsection (a)(2) and how the funds will be used.
            ``(14) State report card.--An assurance that the State will 
        disseminate the information, including school and school 
        district level information, required in section 6304 to all 
        parents in the State.
    ``(c) States That Plan To Adopt More Rigorous Standards and 
Assessments.--
            ``(1) In general.--A State educational agency that does not 
        meet the requirements of subsection (b)(2) or (3) may apply for 
        and (subject to the limit on the number of States that may be 
        approved under this part pursuant to subsection (a)) be granted 
        waiver authority under paragraph (2) if the State educational 
        agency--
                    ``(A) meets the requirements of paragraph (1) and 
                paragraphs (4) through (14) of subsection (b); and
                    ``(B) includes a plan, satisfactory to the 
                Secretary, to meet the requirements of subsection 
                (b)(2) or (3).
            ``(2) Waiver.--A State educational agency described in 
        paragraph (1) whose application is approved under this part is 
        authorized to waive statutory and regulatory requirements 
        applicable to local educational agencies and schools (other 
        than any such requirement described in subparagraphs (A) 
        through (I) of subsection (a)(1)) under the following programs:
                    ``(A) Part A of title I, other than for sections 
                1111 and 1116.
                    ``(B) Subpart 3 of part B, and parts C, D, and F, 
                of title I.
                    ``(C) Subparts 2 and 3 of part A of title II.
                    ``(D) Subpart 1 of part D of title II.
                    ``(E) Part A of title III.
                    ``(F) Subpart 1 of part A of title IV.
                    ``(G) Part A of title V.
    ``(d) Approval of State Student Achievement Contracts.--
            ``(1) In general.--Not later than 90 days after the receipt 
        of a State student achievement contract application submitted 
        by the State educational agency, the Secretary shall--
                    ``(A) receive recommendations from the peer review 
                panel established in paragraph (2); and
                    ``(B) approve the State student achievement 
                contract or provide the State educational agency with a 
                written explanation of the reasons the State student 
                achievement contract fails to satisfy a purpose, goal, 
                or a requirement of this part.
            ``(2) Peer-review process.--In carrying out paragraph (1), 
        the Secretary shall--
                    ``(A) establish an independent peer review panel to 
                evaluate, and make recommendations for approval or 
                disapproval of, State student achievement contract 
                applications; and
                    ``(B) appoint individuals to the peer review panel 
                who are--
                            ``(i) knowledgeable of, and have expertise 
                        in, educational standards, assessments, and 
                        accountability; and
                            ``(ii) representative of State educational 
                        agencies and organizations representing State 
                        agencies or Governors.
            ``(3) Disapproval of contract.--If the Secretary 
        disapproves a State's student achievement contract application, 
        then the State educational agency shall have 60 days to 
        resubmit a revised State student achievement contract. Subject 
        to the 12 State educational agency limitation described in 
        subsection (a), the Secretary shall approve the revised State 
        student achievement contract within 60 days of receipt of the 
        revised contract or provide the State with a written 
        determination that the revised State student achievement 
        contract fails to satisfy a purpose, goal, or requirement of 
        this part.
    ``(e) Amendment to Achievement Contract.--
            ``(1) In general.--A State educational agency may submit to 
        the Secretary amendments to the State student achievement 
        contract, on an annual basis. The Secretary shall submit the 
        amendments to the peer review panel.
            ``(2) Review of amendment.--
                    ``(A) In general.--Not later than 60 days after the 
                receipt of a proposed State student achievement 
                contract amendment submitted by a State educational 
                agency, the Secretary shall receive recommendations 
                from the peer review panel and approve the amendment or 
                provide the State educational agency with a written 
                determination that the amendment fails to satisfy a 
                purpose, goal, or requirement of this part.
                    ``(B) Treatment as approved.--Each amendment for 
                which the Secretary fails to take the action required 
                in subparagraph (A) in the time period described in 
                such subparagraph shall be considered approved.

``SEC. 6304. ANNUAL REPORTS.

    ``(a) In General.--Not later than 1 year after the execution of a 
State student achievement contract under this part, and annually 
thereafter, each State educational agency executing such a contract 
shall disseminate widely to parents, the general public, and the 
Secretary, a report that includes a description, in an understandable 
manner, of how the State educational agency has used Federal funds 
under the contract to improve academic achievement, narrow the 
achievement gap, and improve educational opportunities for the 
disadvantaged. Each such report shall include--
            ``(1) information, in the aggregate, on student achievement 
        at each proficiency target described in section 6303(b)(6) on 
        the State academic assessments, disaggregated by race, 
        ethnicity, gender, disability status, migrant status, English 
        proficiency, and status as economically disadvantaged, except 
        that such disaggregation shall not be required in a case in 
        which the number of students in a category is insufficient to 
        yield statistically reliable information or the results would 
        reveal personally identifiable information about an individual 
        student;
            ``(2) information that provides a comparison between--
                    ``(A) the actual achievement levels of each group 
                of students described in section 1111(b)(2)(C)(v); and
                    ``(B) the State's annual measurable objectives for 
                each such group of students on each of the academic 
                assessments described in the educational objectives 
                plan described in section 6303(b)(12);
            ``(3) the percentage of students not tested (disaggregated 
        by the same categories and subject to the same exception 
        described in paragraph (1));
            ``(4) the graduation rates for secondary school students 
        (disaggregated by the same categories and subject to the same 
        exception described in paragraph (1));
            ``(5) information on the performance of local educational 
        agencies in the State regarding student academic achievement, 
        including schools not meeting proficiency targets described in 
        section 6303(b)(6);
            ``(6) the professional qualifications of teachers in the 
        State, and the percentage of classes in the State not taught by 
        a teacher meeting State qualifications, in the aggregate and 
        disaggregated by high-poverty compared to low-poverty schools 
        which, for the purpose of this paragraph, means schools in the 
        top quartile of poverty and the bottom quartile of poverty, 
        respectively, in the State;
            ``(7) a description of improvement methods used to assist 
        local educational agencies and schools in meeting the 
        proficiency targets described in section 6303(b)(6); and
            ``(8) a description of the State's accountability system 
        described in section 6303(b)(5), including a description of the 
        criteria by which the State evaluates school performance, and 
        the criteria that the State has established to determine the 
        progress of schools in meeting the goals established by the 
        State.
    ``(b) Submission to Congress.--The Secretary shall submit the 
reports received under subsection (a) to Congress, together with any 
other information the Secretary considers appropriate.

``SEC. 6305. PERFORMANCE REVIEW AND EARLY TERMINATION.

    ``(a) Review.--For each State having in effect a State student 
achievement contract under this part, the peer review panel established 
in section 6303(d)(2) shall carry out a review of the contract, after 
completion of the second school year of the contract, in order to--
            ``(1) determine whether the State has met the terms of the 
        contract described in section 6303; and
            ``(2) make recommendations to the Secretary.
    ``(b) Early Termination.--After taking into consideration the 
recommendations received under subsection (a)(2) from the peer review 
panel and after providing a State educational agency with notice and an 
opportunity for a hearing, the Secretary shall--
            ``(1) terminate a State student achievement contract, 
        before the contract expires, if the State does not, for 3 
        consecutive school years, meet the terms of the contract 
        described in section 6303; or
            ``(2) withhold funds under this Act.

``SEC. 6306. EVALUATION.

    ``(a) In General.--The Secretary shall enter into a contract, with 
an independent organization outside of the Department, for a 5-year, 
rigorous, scientifically valid, quantitative evaluation of this part.
    ``(b) Process.--The evaluation under subsection (a) shall be 
conducted by an organization that is capable of designing and carrying 
out an independent evaluation that identifies the effects of activities 
carried out by State educational agencies and local educational 
agencies under this part on improving student academic achievement.
    ``(c) Analysis.--The evaluation under subsection (a) shall include 
an analysis of the following:
            ``(1) The implementation of activities assisted under this 
        part and the impact of such implementation on increasing 
        student academic achievement (particularly in schools with high 
        concentrations of children living in poverty), relative to the 
        goal of all students reaching the proficient level of academic 
        achievement based on State academic assessments, challenging 
        State academic content standards, and challenging State student 
        academic achievement standards under section 6303.
            ``(2) Each participating State educational agency's method 
        of identifying schools under 6303(b)(5)(C), including--
                    ``(A) the impact on schools, local educational 
                agencies, and the State;
                    ``(B) the number of schools and local educational 
                agencies so identified; and
                    ``(C) the changes in the identification of schools 
                and local educational agencies as a result of such 
                identification.
            ``(3) How schools, local educational agencies, and 
        participating States educational agencies have used the 
        flexibility under section 6303(a) and Federal, State, and local 
        educational agency funds and resources to support schools and 
        provide technical assistance to improve the academic 
        achievement of students in low-performing schools, including 
        the impact of the technical assistance on such academic 
        achievement.
            ``(4) The extent to which interventions described in 
        section 6303(b)(5)(D) are implemented by the participating 
        State educational agencies and local educational agencies to 
        improve the academic achievement of students in low-performing 
        schools, and the effectiveness of the implementation of such 
        interventions, including the following:
                    ``(A) The number of schools and local educational 
                agencies identified under section 6303(b)(5)(C) and how 
                many years the schools or local educational agencies 
                remain so identified.
                    ``(B) The types of support provided by the State 
                educational agency and local educational agency to 
                schools and local educational agencies respectively, so 
                identified, and the impact of such support on student 
                academic achievement.
                    ``(C) The implementation and impact of actions that 
                are taken with regard to schools and local educational 
                agencies under section 6303(b)(5)(D)(iii).
    ``(d) Reports.--
            ``(1) Interim report.--Not later than 3 years after the 
        date of enactment of the State Student Achievement Contracts 
        Act, the Secretary shall transmit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and Labor of the House of Representatives, an 
        interim report on the analysis conducted under this subsection.
            ``(2) Final report.--Not later than 5 years after the date 
        of enactment of the State Student Achievement Contracts Act, 
        the Secretary shall transmit to 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 on the analysis conducted under this subsection.''.
    (b) Clerical Amendment.--The table of contents in section 2 of such 
Act (20 U.S.C. 6301 note) is amended--
            (1) by redesignating the item relating to part C of title 
        VI as the item relating to part D of title VI;
            (2) by redesignating the items relating to sections 6301 
        and 6302 as the items relating to sections 6401 and 6402, 
        respectively; and
            (3) by inserting after the item relating to section 6324 
        the following:

             ``Part C--State Student Achievement Contracts

``Sec. 6301. Short title.
``Sec. 6302. Purpose.
``Sec. 6303. State student achievement contracts.
``Sec. 6304. Annual reports.
``Sec. 6305. Performance review and early termination.
``Sec. 6306. Evaluation.''.
                                 <all>