1.State student achievement
contracts
(a)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:
CState student
achievement contracts
6301.This part may be cited
as the State Student Achievement
Contracts Act
.
6302.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.
6303.State student
achievement contracts
(a)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)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
that the proposed contract was reviewed by independent experts with knowledge
and expertise in educational standards, assessments, and accountability.
(2)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)
(A)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
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)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)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 targetsA 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)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)A demonstration that the State educational agency has an
effective data system capable of reporting classroom and school level
data.
(9)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)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)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 planA 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)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)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)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)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)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)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)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)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)
(A)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)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.
6304.
(a)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)The Secretary shall submit the reports received under
subsection (a) to Congress, together with any other information the Secretary
considers appropriate.
6305.Performance
review and early termination
(a)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)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.
6306.
(a)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)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)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)
(1)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)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)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.
.